⌖  Acts & Rules  /  §05

Other Statutes.

Allied laws that show up across our engagements — foreign exchange, anti-money-laundering, banking, stamp duty, negotiable instruments and the disclosure regime. Each one ties back to either the Income Tax Act, FEMA or the Companies Act in practice.

09 acts

§05.01In force

Foreign Exchange Management Act, 1999

FEMA

⌖ Authority
RBI / ED

The civil-law regime for cross-border transactions — current and capital account, ODI, FDI, ECB, LRS and ESOP routings. Read with the FEM (Various Transactions) Regulations and RBI Master Directions.

§05.02In force

Prevention of Money Laundering Act, 2002

PMLA

⌖ Authority
ED / FIU-IND

Criminalises the laundering of proceeds of crime, and imposes KYC, record-keeping and STR/CTR reporting on banks, NBFCs, payment systems and now reporting entities including CA firms in defined scenarios.

§05.03In force

Reserve Bank of India Act, 1934

RBI Act

⌖ Authority
RBI

Establishes the Reserve Bank, defines the monetary policy framework, and regulates NBFCs under Chapter III-B. Read alongside the Master Directions on NBFC classification and prudential norms.

§05.04In force

Banking Regulation Act, 1949

⌖ Authority
RBI

Governs banking companies, co-operative banks and PSBs — capital adequacy, licensing, branch authorisation, mergers and resolution. Updated by the 2020 amendment to bring co-operative banks under RBI.

§05.05In force

Negotiable Instruments Act, 1881

NI Act

⌖ Authority
Magistrate courts

Governs promissory notes, bills of exchange and cheques — and, through Section 138, the criminalisation of cheque dishonour. A working tool in commercial dispute practice.

§05.06In force

Indian Stamp Act, 1899

⌖ Authority
State revenue authorities / SEBI

Levies stamp duty on instruments. Amended by the Finance Act, 2019 to bring securities-related stamping into a centralised, exchange-collected regime effective 01 Jul 2020.

§05.07In force

Benami Transactions (Prohibition) Act, 1988

Benami Act

⌖ Authority
IT Department (Benami Unit)

Substantially re-enacted by the 2016 amendment — provides for confiscation of benami property and prosecution of benamidars, beneficial owners and abettors. Adjudication before the Adjudicating Authority, appeal to the Appellate Tribunal.

§05.08In force

Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

Black Money Act

⌖ Authority
CBDT

A parallel charging code for undisclosed foreign income and assets of Indian residents — 30% flat tax plus 90% penalty, and criminal prosecution under Sections 50-53.

§05.09In force

Right to Information Act, 2005

RTI Act

⌖ Authority
CIC / SIC

Establishes the citizen's right to seek information from public authorities — a working tool in pursuing pending refunds, assessment records and registry filings.