FERA and FEMA both regulate foreign exchange in India, but FEMA replaced the older FERA. FERA was enacted when foreign exchange reserves were low and took a more rigid approach, while FEMA was introduced later when reserves were satisfactory and uses a more flexible approach. Some key differences are that FERA had more sections, determined residential status based on citizenship, and violations were considered criminal offenses with imprisonment as punishment, while FEMA has fewer sections, bases status on time spent in India, and views violations as civil offenses with fines or imprisonment.
FERA and FEMA both regulate foreign exchange in India, but FEMA replaced the older FERA. FERA was enacted when foreign exchange reserves were low and took a more rigid approach, while FEMA was introduced later when reserves were satisfactory and uses a more flexible approach. Some key differences are that FERA had more sections, determined residential status based on citizenship, and violations were considered criminal offenses with imprisonment as punishment, while FEMA has fewer sections, bases status on time spent in India, and views violations as civil offenses with fines or imprisonment.
FERA and FEMA both regulate foreign exchange in India, but FEMA replaced the older FERA. FERA was enacted when foreign exchange reserves were low and took a more rigid approach, while FEMA was introduced later when reserves were satisfactory and uses a more flexible approach. Some key differences are that FERA had more sections, determined residential status based on citizenship, and violations were considered criminal offenses with imprisonment as punishment, while FEMA has fewer sections, bases status on time spent in India, and views violations as civil offenses with fines or imprisonment.
Meaning An act promulgated, to FEMA an act initiated to
regulate payments and facilitate external trade and foreign exchange in payments and to promote India, is FERA. orderly management of the forex market in the country.
Enactment Old New
Number of sections 81 49
Introduced when Foreign exchange Foreign exchange position was
reserves were low. satisfactory.
Approach towards Rigid Flexible
forex transactions
Basis for Citizenship More than 6 months stay in
determining India residential status
Violation Criminal offence Civil offence
Punishment for Imprisonment Fine or imprisonment (if fine not