Repeal-and-saving provisions do not create a new appellate remedy for penalties under the repealed foreign exchange law.

A repeal-and-saving provision preserves pending proceedings only to the extent expressly stated; it does not create a fresh right of appeal against adjudication orders passed for contraventions under the repealed foreign exchange law. The court held that Section 49 of the Foreign Exchange Management Act, 1999 saved the prior mechanism for dealing with offences and transferring pending matters, but did not make every such order appealable to the Appellate Tribunal. A reference to an appellate forum in the adjudication order, or an interim order of the Tribunal, could not confer maintainability where the statute did not. The dismissal was upheld, with liberty to pursue any other remedy available in law.

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Issues: Whether an appeal against an adjudication order imposing penalty for contravention under the repealed Foreign Exchange Regulation Act, 1973 was maintainable before the Appellate Tribunal under the Foreign Exchange Management Act, 1999.

Analysis: The repeal-and-saving scheme under Section 49 of the Foreign Exchange Management Act, 1999 preserves the manner in which offences under the repealed Act are to be dealt with and provides for transfer and disposal of pending appeals from the erstwhile Appellate Board. It does not create a fresh right of appeal to the Appellate Tribunal against every adjudication order relating to offences committed under the repealed Act. The fact that the adjudicating authority mentioned an appellate forum, or that an interim order had been passed by the Tribunal, could not confer maintainability where the statute did not. The challenge to the earlier adjudication order was also not entertainable in the manner sought.

Conclusion: The appeal was not maintainable before the Appellate Tribunal under the Foreign Exchange Management Act, 1999, and the challenge failed.

Final Conclusion: The order of dismissal was upheld, while leaving the appellants at liberty to pursue any appropriate remedy available in law, including a plea for condonation of delay if so advised.

Ratio Decidendi: A repeal-and-saving provision transfers or preserves pending proceedings only to the extent expressly provided, and does not by itself confer a new appellate remedy against orders passed in respect of offences under the repealed enactment.

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