Power of search, seizure, etc [ Section 37 ] - FEMA Ready Reckoner - FEMA

Power of search, seizure, etc Section 37(1) Give power to All Enforcement Authorities entitled for investigate All Enforcement officer are not entitled to investigate into contraventions referred to in section 13. The officer who are authorised to take up such investigation are mentioned in section 37(1) as Director of enforcement and other officers of enforcement not below the rank of an Assistant Director Section 37(2) Notified Officers of Government and the Reserve Bank also empowered to investigate The Government is concerns of the fact that the Directorate of Enforcement by itself may not be able to cope up with the investigations of the contraventions referred to in section 13 . Accordingly, by section 37(2) the central Government has been vested with the power to issue notification empowering other officers. If notified , such power may be exercised to authorise any officer or class of officers of the central government, state government or the reserve Bank, Indeed, such officers will not be below the rank of under secretary to the Government of India to quality. Section 37(3) provides to Power of the officers The officers referred to in section 37(1) shall exercise the like powers which are conferred on income-tax authorities under the Income-tax Act, 1961 and shall exercise such powers, subject to such limitations laid down under that Act. A reference to part C of Chapter XIII of that Act shows that the Income Tax authorities have been given following Seven types of powers: Section 131 :- Powers regarding discovery, production of evidence etc. Section 132 :- Search and seizure Section 132A :- Power to requisition books of account etc. Section 133 :- Power to call for information Section 133A :- Power of survey Section 133B :- Power to collect certain information Section 134 :- Power to inspect registers of companies