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THE FOREIGN EXCHANGE REGULATION ACT, 1973 |
No.46 OF 1973
[19th September, 1973]
An Act to consolidate and amend the law regulating, certain payments, dealings in foreign exchange and securities, transactions indirectly affecting foreign exchange and the import and export of currency and bullion, for the conservation of the foreign exchange resources of the country and the proper utilisation thereof in the interests of the economic development of the country.
BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-
1.Short title extent, application and commencement.- (1) This Act may be called the Foreign Exchange Regulation Act, 1973.
(2) It extends to the whole of India.
(3) It applies also to all citizens of India outside India and to branches and agencies outside India of companies or bodies corporate, registered or incorporated in India.
(4) It shall come into force on such date, { 1-1-1973 vide Notification No.S.O.3043 dated 27-10-1973 }as the Central Government may, by notification in the Official Gazette, appoint in this behalf:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2.Definitions.- In this Act, unless the context otherwise requires,-
(a) “Appellate Board” means the Foreign Exchange Regulation Appellate Board constituted by the Central Government under sub-section (1) of section 52;
(b) “authorised dealer” means a person for the time being authorised under section 6 to deal in
foreign exchange;
(c) “bearer certificate” means a certificate of title to securities by the delivery of which (with or
without endorsement) the title to the securities is transferable;
(d) “certificate of title to a security” means any document used in the ordinary course of business
as proof of the possession or control of the security, or authorising or purporting to authorise,
either by an endorsement or by delivery, the possessor of the document to transfer or receive
the security thereby represented;
(e) “coupon” means a coupon representing dividends or interest on a security;
(f) “currency” includes all coins, currency notes, bank notes, postal notes, postal orders, money
orders, cheques, drafts, traveller’s cheques, letters of credit, bills of exchange and promissory
notes;
(g) “foreign currency” means any currency other than Indian currency;
(h) “foreign exchange” means foreign currency and includes-
(i) all deposits, credits and balances payable in any foreign currency, and any drafts,
traveller’s cheques, letters of credit and bills of exchange, expressed or drawn in
Indian currency but payable in any foreign currency;
(ii) any instrument payable, at the option of the drawee or holder thereof or any other
party thereto, either in Indian currency or in foreign currency or partly in one and
partly in the other;
(i) “foreign security” means any security created or issued elsewhere than in India, and any security the principal of or interest on which is payable in any foreign currency or elsewhere than in India;
(j) “gold” includes gold in the form of coin, whether legal tender or not, or in the form of bullion or ingot, whether refined or not and jewellery or articles made wholly or mainly of gold.
Explanation.- Any jewellery or article which contains gold shall be deemed to be made wholly or mainly of gold, if the value of the gold contained therein exceeds such percentage (not being below forty per cent.) , as the Reserve Bank may, from time to time, notify in the Official Gazette, of the value of such jewellery or article;
(k) “Indian currency” means currency which is expressed or drawn in Indian rupees but does not
includes special bank notes and special one-rupee notes issued under section 28A of the Reserve
Bank of India Act, 1934 (20 of 1934);
(l) “Indian customs waters” means the waters extending into the sea to a distance of twelve
nautical miles measured from the appropriate base line on the coast of India and includes any bay,
gulf, harbour, creek or tidal river;
(m) “money-changer” means a person for the time being authorised under section 7 to deal
in foreign currency;
(n) ” overseas market”, in relation to any goods, means the market in the country outside India and in which such goods are intended to be sold;
(o) “owner”, in relation to any security, includes any person who has power to sell or transfer the
security, or who has the custody thereof or who receives, whether on his own behalf or on
behalf of any other person, dividends or interest thereon, and who has any interest therein, and
in a case where any security is held on any trust or dividends on interest thereon are paid into
a trust fund, also includes any trustee or any person entitled to enforce the performance of the
trust or to revoke or vary, with or without the consent of any other person, the trust or any terms
thereof, or to control the investment of the trust moneys;
(p) “person resident in India” means-
(i) a citizen of India, who has, at any time after the 25th day of March, 1947, been staying in India, but does not include a citizen of India who has gone out of, or stays outside, India, in either case-
(a) for or on taking up employment outside India, or
(b) for carrying on outside India a business or vocation outside India, or
(c) for any other purpose, in such circumstances as would indicate his
intention to stay outside India for an uncertain period;
(ii) a citizen of India, who having ceased by virtue of paragraph (a) or paragraph (b) or
paragraph (c) of sub-clause (i) to be resident in India, returns to, or stays in, India,
in either case-
(a) for or on taking up employment in India, or
(b) for carrying on in India a business or vocation in India, or
(c) for any other purpose, in such circumstances as would indicate his
intention to stay in India for an uncertain period;
(iii) a person, not being a citizen of India, who has come to, or stays in India, in
either case-
(a) for or on taking up employment in India, or
(b) for carrying on in India a business or vocation in India, or
(c) for staying with his or her spouse, such spouse being a person resident
in India, or
(d) for any other purpose, in such circumstances as would indicate his
intention to stay in India for an uncertain period;
(iv) a citizen of India, who, not having stayed in India at any time after the 25th day of
March, 1947, comes to India for any of the purposes referred to in paragraphs (a), (b) and
(c) of sub-clause (iii) or for the purpose and in the circumstances referred to in
paragraph (d) of that sub-clause or having come to India stays in India for any such
purpose and in such circumstances.
Explanation.- A person, who has, by reason only of paragraph (a) or paragraph (b) or paragraph (d) of sub-clause (iii) been resident in India, shall, during any period in which he is outside India, be deemed to be not resident in India;
(q) “person resident outside India” means a person who is not resident in India;
( r ) “precious stone” includes pearl and semi-precious stone and such other stone or gem
as the Central Government may, for the purposes of this Act, notify in this behalf in the
Official Gazette;
(s) “prescribed” means prescribed by rules made under this Act;
(t) “Reserve Bank” means the Reserve Bank of India;
(u) “security” means shares, stocks, bonds, debentures, debenture stock, Government securities
as defined in the Public Debt Act, 1944, (18 of 1944) savings certificates to which the Government Savings Certificates Act, 1959 (46 of 1959) applies, deposit receipts in respect of deposits of securities, and units or sub-units of unit trusts and includes certificates of title to securities, but does not include bills of exchange or promissory notes other than Government promissory notes;
(v) “silver” includes silver bullion or ingot, silver sheets and plates which have undergone no
process of manufacture subsequent to rolling and uncurrent silver coin which is not legal
tender in India or elsewhere and jewellery or articles made wholly or mainly of silver;
(w) “transfer”, in relation to any security, includes transfer by way of loan or security.
3.Classes of officers of Enforcement.- There shall be the following classes of officers of Enforcement, namely:-
(a) Directors of Enforcement;
(b) Additional Directors of Enforcement;
(c) Deputy Directors of Enforcement;
(d) Assistant Directors of Enforcement; and
(e) such other class of officers of Enforcement as may be appointed for the purposes of this Act.
4.Appointment and powers of officers of Enforcement.- (1) The Central Government may appoint such persons as it thinks fit to be officers of Enforcement.
(2) Without prejudice to the provisions of sub-section (1), the Central Government may authorise a Director of Enforcement or an Additional Director of Enforcement or a Deputy Director of Enforcement or an Assistant Director or Enforcement to appoint officers of Enforcement below the rank of an Assistant Director of Enforcement.
(3) Subject to such conditions and limitations as the Central Government may impose, an officer of Enforcement may exercise the powers and discharge the duties conferred or imposed on him under this Act.
5.Entrustment of functions of Director or other officer of Enforcement.- The Central Government may, by order and subject to such conditions and limitations as it thinks fit to impose, authorise any officer of customs or any Central Excise Officer or any police officer or any other officer of the Central Government or a State Government to exercise such of the powers and discharge such of the duties of the Director of Enforcement or any other officer of Enforcement under this Act as may be specified in the order.
6.Authorised dealers in foreign exchange.- (1) The Reserve Bank may, on an application made to it in this behalf, authorise any person to deal in foreign exchange.
(2) An authorisation under this section shall be in writing and-
(i) may authorise dealings in all foreign currencies or may be restricted to authorising dealings in specified foreign currencies only;
(ii) may authorise transactions of all descriptions in foreign currencies or may be restricted to
authorising specified transactions only;
(iii) may be granted to be effective for a specified period, or within specified amounts;
(iv) may be granted subject to such conditions as may be specified therein.
(3) Any authorisation granted under sub-section (1) may be revoked by the Reserve Bank at any time if the Reserve Bank is satisfied that,-
(i) it is in the public interest to do so; or
(ii) the authorised dealer has not complied with the conditions subject to which the authorisation
was granted or has contravened any of the provisions of this Act or of any rule, notification,
direction or order made thereunder:
Provided that no such authorisation shall be revoked on the ground specified in clause (ii) unless the authorised dealer has been given a reasonable opportunity for making a representation in the matter.
(4) An authorised dealer shall, in all his dealings in foreign exchange and in the exercise and discharge of the powers and of the functions delegated to him under section 74, comply with such general or special directions or instructions as the Reserve Bank may, from time to time, think fit to give, and, except with the previous permission of the Reserve Bank, an authorised dealer shall not engage in any transaction involving and foreign exchange which is not in conformity with the terms of his authorisation under this section.
(5) An authorised dealer shall , before undertaking any transaction in foreign exchange on behalf of any person, require that person to make such declarations and to give such information as will reasonably satisfy him that the transaction will not involve, and is not designed for the purpose of, any contravention or evasion of the provisions of this Act or of any rule, notification, direction or order made thereunder, and where the said person refuses to comply with any such requirement or makes only unsatisfactory compliance therewith, the authorised dealer shall refuse to undertake the transaction and shall, if he has reason to believe that any such contravention or evasion as aforesaid is contemplated by the person, report the matter to the Reserve Bank.
7.Money- changers.- (1) The Reserve Bank may, on an application made to it in this behalf, authorise any person to deal in foreign currency.
(2) An authorisation under this section shall be in writing and-
(i) may authorise dealings in all foreign currencies or may be restricted to authorising dealings in
specified foreign currencies only;
(ii) may authorise transactions of all descriptions in foreign currencies or may be restricted to
authorising specified transactions only;
(iii) may be granted with respect to a particular place where alone the money-changer shall
carry on his business;
(iv) may be granted to be effective for a specified period, or within specified amounts;
(v) may be granted subject to such conditions as may be specified therein.
(3) Any authorisation granted under sub-section (1) may be revoked by the Reserve Bank at any time if the
Reserve Bank is satisfied that-
(i) it is in the public interest to do so; or
(ii) the money-changer has not complied with the conditions subject to which the authorisation
was granted or has contravened any of the provisions of this Act or of any rule, notification,
direction or order made thereunder:
Provided that no such authorisation shall be revoked on the ground specified in clause (ii) unless the money-changer has been given a reasonable opportunity for making a representation in the matter.
(4) The provisions of sub-sections (4) and (5) of section 6 shall, in so far as they are applicable, apply in relation to a money-changer as they apply in relation to an authorised dealer.
Explanation.- In this section, “foreign currency” means foreign currency in the form of notes, coins or traveller’s cheques and “dealing” means purchasing foreign currency in the form of notes, coins or traveller’s cheques or selling foreign currency in the form of notes or coins.
8.Restrictions on dealing in foreign exchange.- (1) Except with the previous general or special permission of the Reserve Bank, no person other than an authorised dealer shall in India, and no person resident in India other than an authorised dealer shall outside India, purchase or otherwise acquire or borrow from, or sell, or otherwise transfer or lend to or exchange with, any person not being an authorised dealer, any foreign exchange:
Provided that nothing in this sub-section shall apply to any purchase or sale of foreign currency effected in India between any person and a money-changer.
Explanation.- For the purposes of this sub-section, a person, who deposits foreign exchange with another person or opens an account in foreign exchange with another person, shall be deemed to lend foreign exchange to such other person.
(2) Except with the previous general or special permission of the Reserve Bank, no person, whether an authorised dealer or as money-changer or otherwise, shall enter into any transaction which provides for the conversion of Indian currency into foreign currency or foreign currency into Indian currency at rates of exchange other than the rates for the time being authorised by the Reserve Bank.
(3) Where any foreign exchange is acquired by any person, other than an authorised dealer or a money-changer, for any particular purpose, or where any person has been permitted conditionally to acquire foreign exchange, the said person shall not use the foreign exchange so acquired otherwise than for that purpose or, as the case may be, fail to comply with any condition to which the permission granted to him is subject, and where any foreign exchange so acquired cannot be so used or the conditions cannot be complied with, the said person shall, within a period of thirty days from the date on which he comes to know that such foreign exchange cannot be so used or the conditions cannot be complied with, sell the foreign exchange to an authorised dealer or to a money-changer.
(4) For the avoidance of doubt, it is hereby declared that where a person acquires foreign exchange for sending or bringing into India any goods but sends or brings no such goods or does not send or bring goods of a value representing the foreign exchange acquired, within a reasonable time or sends or brings any goods of a kind, quality or quantity different from that specified by him at the time of acquisition of the foreign exchange, such person shall, unless the contrary is proved, be presumed not to have been able to use the foreign exchange for the purpose for which he acquired it or, as the case may be, to have used the foreign exchange so acquired otherwise than for the purposes for which it was acquired.
(5) Nothing in this section shall be deemed to prevent a person from buying from any post office, in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal orders or money orders.
9.Restrictions on payments.- (1) Save as may be provided in and in accordance with any general or special exemption from the provisions of this sub-section which may be granted conditionally or unconditionally by the Reserve Bank, no person in, or resident in, India shall-
(a) make any payment to or for the credit of any person resident outside India;
(b) receive, otherwise than through an authorised dealer, any payment by order or on behalf of
any person resident outside India.
Explanation.- For the purposes of this clause, where any person in, or resident in, India receives any payment by order or on behalf of any person resident outside India through any other person (including an authorised dealer) without a corresponding inward remittance from any place outside India, then, such person shall be deemed to have received such payment otherwise than through an authorised dealer;
(c) draw, issue or negotiate any bill of exchange or promissory note or acknowledge any debt, so
that a right (whether actual or contingent) to receive a payment is created or transferred in favour
of any person resident outside India;
(d) make any payment to, or for the credit of, any person by order or on behalf of any person
resident outside India;
(e) place any sum to the credit of any person resident outside India;
(f) make any payment to, or for the credit of, any person or receive any payment for, or by order
or on behalf of, any person as consideration for or in association with,-
(i) the receipt by any person of a payment or the acquisition by any person of property
outside India,
(ii) the creation or transfer in favour of any person of a right (whether actual or contingent) to receive payment or acquire property outside India;
(g) draw, issue or negotiate any bill of exchange or promissory note, transfer any security or
acknowledge any debt, so that a right (whether actual or contingent) to receive a payment is
created or transferred in favour of any person as consideration for or in association with any
matter referred to in clause (f).
(2) Nothing in sub-section (1) shall render unlawful-
(a) the making of any payment already authorised either with foreign exchange obtained from an
authorised dealer or a money-changer under section 8 or with foreign exchange retained by a person in pursuance of an authorisation granted by the Reserve Bank;
(b) the making of any payment with foreign exchange received by way of salary or payment for
services not arising from any business in , or anything done while in India.
(3) Save as may be provided in, and in accordance with, any general or special exemption from the provisions of this sub-section, which may be granted conditionally or unconditionally by the Reserve Bank, no person shall remit or cause to be remitted any amount from any foreign country into India except in such a way that the remittance as received in India only through an authorised dealer.
(4) Nothing in this section shall restrict the doing by any person of anything within the scope of any authorisation or exemption granted under this Act.
(5) For the purposes of this section and section 19, “security” includes coupons or warrants representing dividends or interest and life or endowment insurance policies.
10.Blocked accounts.- (1) Where an exemption from the provisions of section 9 is granted by the Reserve Bank in respect of payment of any sum to any person resident outside India and the exemption is made subject to the condition that the payment is made to a blocked account-
(a) the payment shall be made to a blocked account in the name of that person in such manner as
the Reserve Bank may by general or special order direct;
(b) the crediting of that sum to that account shall, to the extent of the sum credited, be a good
discharge to the person making the payment.
(2) No sum standing at the credit of a blocked account shall be drawn on except in accordance with any general or special permission which may be granted conditionally or otherwise by the Reserve Bank.
(3) In this section, “blocked account” means an account opened, whether before or after the commencement of this Act, as a blocked account at any office or branch in India of a bank authorised in this behalf by the Reserve Bank, or an account blocked, whether before or after such commencement, by order of the Reserve Bank.
11.Restrictions regarding assets held by non-residents.- Where the Reserve Bank considers it necessary or expedient in the public interest so to do in respect of any asset in India held by or accruing to or transferred to or to be transferred to, either a person resident outside India or a person intending to become resident outside India, it may impose a condition that the said asset shall not be transferred, assigned, pledged, charged or dealt with in any manner whatsoever except in accordance with any general or special permission, which may be granted conditionally or otherwise, by the Reserve Bank.
12.Special accounts.- (1) Where in the opinion of the Central Government it is necessary or expedient to regulate payments due to persons resident in any territory, the Central Government may, by notification in the Official Gazette, direct that such payments or any class of such payments shall be made only into an account (hereafter in this section referred to as a special account) to be maintained for the purpose by the Reserve Bank or an authorised dealer specially authorised by the Reserve Bank in this behalf.
(2) The credit of a sum to a special account shall, to the extent of the sum credited, be a good discharge to the person making the payment:
Provided that where the liability of the person making the payment is to make the payment in foreign currency, the extent of the discharge shall be ascertained by converting the amount paid into that currency at such rate of exchange as is for the time being authorised by the Reserve Bank.
(3) The sum standing to the credit of any special account shall, from time to time, be applied-
(a) where any agreement is entered into between the Central Government and the Government
of the territory to which the aforesaid notification relates, for the regulation of payments
between persons resident in India and in that territory, in such manner as the Reserve Bank, having
regard to the provisions of such agreement, may direct, or
(b) where no such agreement is entered into, for the purpose of paying wholly or partly, and in
such order of preference and at such times as the Central Government may direct, debts due from
the persons resident in the said territory to persons resident in India or in such other territories
as the Central Government may by order specify in his behalf.
13.Restrictions on import and export of certain currency and bullion.- (1) The Central Government may, by notification in the Official Gazette, order that, subject to such exemption, if any, as may be specified in the notification, no person shall, except with the general or special permission of the Reserve Bank and on payment of the fee, if any, prescribed, bring or send into India any gold or silver or any foreign exchange or any Indian currency.
Explanation.- For the purposes of this sub-section, the bringing or sending into any port or place in India of any such article as aforesaid intended to be taken out of India without being removed from the ship or conveyance in which it is being carried shall nonetheless be deemed to be a bringing, or, as the case may be, sending, into India of that article.
(2) No person shall, except with the general or special permission of the Reserve Bank or the written permission of a person authorised in this behalf by the Reserve Bank, take or send out of India any gold, jewellery or precious stones or Indian currency or foreign exchange other than foreign exchange obtained by him from an authorised dealer or from a money-changer.
14.Acquisition by Central Government of foreign exchange.- The Central Government may, by notification in the Official Gazette, order every person in, or resident in, India-
(a) who owns or hold such foreign exchange as may be specified in the notification, to offer it, or
cause it to be offered, for sale to the Reserve Bank on behalf of the Central Government or to such
person, as the Reserve Bank may authorise for the purpose, at such price as the Central
Government may fix, being a price which is not less than the price calculated at the rate of exchange for the time being authorised by the Reserve Bank;
(b) who is entitled to assign any right to receive such foreign exchange as may be specified in the
notification, to transfer that right to the Reserve Bank on behalf of the Central Government on
payment of such consideration therefor as the Central Government may fix having regard to the rate for the time authorised by the Reserve Bank in pursuance of sub-section (2) of section 8 for
conversion into Indian currency of the foreign currency in which such foreign exchange is
expressed:
Provided that the Central Government may, by the said notification or by a separate order, exempt any person or class of persons from the operation of the order made in the said notification:
Provided further that nothing in this section shall apply to any foreign exchange acquired by a person from an authorised dealer or from a money-changer and retained by him with the permission of the Reserve Bank for any purpose.
15.Power of Central Government to direct payment in foreign currency in certain cases.- (1) Notwithstanding anything contained in the Indian Coinage Act, 1906, (3 of 1906) or in the Reserve Bank of India Act, 1934 (2 of 1934) or in any other law for the time being in force, the Central Government may, by notification in the Official Gazette, direct that every person resident outside India and who is on a visit to India shall, for discharging such of his liabilities as may be specified in the notification, make payments only in such foreign currencies as may be specified therein.
(2) Where payment is required to be made under sub-section (1) in foreign currency, the person to whom such payment is made shall receive the payment only in such foreign currency.
(3) The Central Government may, if it is of opinion that it is necessary or expedient in the public interest so to do, by notification in the Official Gazette, exempt any person or class of persons from the operation of the provisions of sub-section (1).
16.Duty of persons entitled to receive foreign exchange, etc.- (1) No person who has a right to receive any foreign exchange or to receive from a person resident outside India a payment in rupee shall, except with the general or special permission of the Reserve Bank, do or refrain from doing anything, or take or refrain from taking any action, which has the effect of securing-
(a) that the receipt by him of the whole or part of that foreign exchange or payment is delayed, or
(b) that the foreign exchange or payment ceases in whole or in part to be receivable by him.
(2) Where a person has failed to comply with the requirements of sub-section (1) in relation to any foreign exchange or payment in rupees, the Reserve Bank may give to him such directions as appear to be expedient for the purpose of securing the receipt of the foreign exchange or payment, as the case may be.
17.Power to regulate the uses, etc., of imported gold and silver.- The Central Government may, by notification in the Official Gazette, impose such conditions as it thinks necessary or expedient on the use or disposal of, or dealings in, gold and silver prior to, or at the time of, import into India.
18.Payment for exported goods.- (1) (a) The Central Government may, by notification in the Official Gazette, prohibit the taking or sending out by land, sea or air (hereafter in this section referred to as export) of all goods or of any goods or class of goods specified in the notification from India directly or indirectly to any place so specified unless the exporter furnishes to the prescribed authority a declaration in the prescribed form supported by such evidence as may be prescribed or so specified and true in all material particulars which, others, shall include the amount representing-
(i) the full export value of the goods; or
(ii) if the full export value of the goods is not ascertainable at the time of export, the value which
the exporter, having regard to the prevailing market conditions, expects to receive on the sale
of the goods in the overseas market,
and affirms in the said declaration that the full export value of the goods (whether ascertainable at the time of export or not) has been, or will within the prescribed period be, paid in the prescribed manner.
(b) If the Central Government is of opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette, specify any goods, from among those goods to which a notification under clause (a) applies, and direct that in respect of the goods so specified, where an exporter makes a declaration under sub-clause (ii) of clause (a) of the value which he, having regard to the prevailing market conditions expects to receive on the sale of such goods in the overseas market, he shall not, except with the permission of the Reserve Bank on an application made to the Reserve Bank by the exporter in this behalf, authorise or permit or allow or in any manner be a party to, the sale of such goods for a value less than that declared:
Provided that no permission shall be refused by the Reserve Bank under this clause unless the exporter has been given a reasonable opportunity for making a representation in the matter:
Provided further that where the exporter makes an application to the Reserve Bank for permission under this clause and the Reserve Bank does not, within a period of twenty days from the date of receipt of the application, communicate to the exporter that permission applied for has been refused, it shall be presumed that the Reserve Bank has granted such permission.
Explanation.- In computing the period of twenty days for the purposes of the second proviso, the period, if any, taken by the Reserve Bank for giving an opportunity to the exporter for making a representation under the first proviso shall be excluded.
(2) Where any export of goods, to which a notification under clause (a) of sub-section (1) applies, has been made, no person shall, except with the permission of the Reserve Bank, do or refrain from doing anything, or take or refrain from taking any action, which has the effect of securing-
(A) in a case falling under sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (1),-
(a) that payment for the goods-
(i) is made otherwise than in the prescribed manner, or
(ii) is delayed beyond the period prescribed under clause (a) of sub-section (1),
or
(b) that the proceeds of sale of the goods exported do not represent the full export
value of the goods subject to such deductions, if any, as may be allowed by the
Reserve Bank; and
(B) in a case falling under sub-clause (ii) of clause (a) of sub-section (1), also that the sale of the
goods is delayed to an extent which is unreasonable having regard to the ordinary course of
trade:
Provided that no proceedings in respect of any contravention of the provisions of this sub-section shall be instituted unless the prescribed period has expired and payment for the goods representing the full export value has not been made in the prescribed manner within the prescribed period.
(3) Where in relation to any goods to which a notification under clause (a) of sub-section (1) applies the prescribed period has expired and payment therefor has not been made as aforesaid, it shall be presumed, unless the contrary is proved by the person who has sold or is entitled to sell the goods or to procure the sale thereof, that such person has not taken all reasonable steps to receive or recover the payment for the goods as aforesaid and he shall accordingly be presumed to have contravened the provisions of sub-section (2).
(4) Where in relation to any goods to which a notification under clause (a) of sub-section (1) applies the prescribed period has expired and payment therefor has not been made as aforesaid, the Reserve Bank may give to any person who has sold the goods or who is entitled to sell the goods or procure the sale thereof, such directions as appear to it to be expedient for the purpose of securing-
(i) if the goods have been sold, the payment therefor, or
(ii) if the goods have not been sold, either the sale of the goods and payment therefor as aforesaid,
or the re-import of the goods into India as the circumstances permit,
within such period as the Reserve Bank may specify in this behalf and without prejudice to the generality of the foregoing provision, may direct that the goods, the right to receive the payment therefor or any other right to enforce such payment shall be transferred or assigned to the Central Government or to a person specified in the directions.
(5) Where any goods or a right to receive payment or any other right to enforce such payment, are or is transferred or assigned in accordance with sub-section (4), the Central Government shall pay to the person transferring or assigning the same, the amount recovered by or on behalf of the Central Government in respect of the goods, after deducting all costs, charges and expenses incurred by the Central Government in selling the goods or in recovering or realising the amount in respect of such goods.
(6) Without prejudice to the provisions of sub-section (1), where the value of the goods specified in the declaration furnished under that sub-section is less than the amount which in the opinion of the Reserve Bank, in a case falling under sub-clause (i) of clause (a) of that sub-section, represents the full export value of the goods, or in a case falling under sub-clause (ii) of that clause, the value which the exporter can, having regard to the prevailing market conditions, expect to receive on the sale of the goods in the overseas market, the Reserve Bank may issue an order requiring the person holding the shipping documents to retain possession thereof until such time as the exporter of the goods has made arrangements for the Reserve Bank or a person authorised by the Reserve Bank to receive on behalf of the exporter payment in the prescribed manner of an amount which in the opinion of the Reserve Bank represents the full export value of such goods or the value which the exporter, having regard to the prevailing market conditions, can be expected to receive on the sale of the goods in the overseas market.
(7) For the purpose of ensuring compliance with the provisions of this section and any order or direction made thereunder, the Reserve Bank or the prescribed authority referred to in sub-section (1) may require any person making any export of goods to which a notification under clause (a) of that sub-section applies to exhibit contracts with his foreign buyer or other evidence to show that the full export value of the goods, or, as the case may be, the value which the exporter, having regard to the prevailing market conditions, expects to receive on the sale of the goods in the overseas market, has been, or will within the prescribed period be, paid in the prescribed manner.
(8) Without prejudice to the provisions of sub-section (1), where the Reserve Bank has permitted any authorised dealer to accept for negotiation or collection of shipping documents covering exports from his constituent [not being a person who has signed the declaration in terms of sub-section (1)], such authorised dealer shall, before accepting such documents for negotiation or collection, require the constituent concerned also to sign such declaration and thereupon such constituent shall be bound to comply with such requisition and the original declarant and such constituent signing the declaration shall each be considered to be the exporter for the purposes of this section, and shall be governed by the provisions thereof accordingly.
(9) Without prejudice to the provisions of sub-section (1), in relation to export of goods to which a notification under clause (a) of that sub-section applies, the Reserve Bank may, for the purpose of ensuring that the full export value of the goods or, as the case may be, the value which the exporter, having regard to the prevailing market conditions, expects to receive on the sale of the goods in the overseas market, is received in proper time or without delay, by general or special order, direct from time to time, that in respect of export of goods to any destination or any class of export transactions or any class of goods or class of exporters, the exporter shall, prior to the export of the goods, comply with any or all of the following conditions as may be specified in the order, namely:-
(a) that any contract or other arrangement for the sale of the goods shall be registered in such manner and with such authority or organisation as may be specified in the order;
(b) that the payment for the goods is covered by an irrevocable letter of credit or by such other
arrangement or document as may be specified in the order;
(c) that a copy of the declaration to be furnished to the prescribed authority under sub-section (1)
shall be submitted to such authority or organisation as may be specified in the order for certifying
that the value of the goods specified in such declaration represents the proper value thereof;
(d) that any declaration to be furnished to the prescribed authority under sub-section (1) shall be
submitted to the Reserve Bank for its prior approval, which may, having regard to the
circumstances, be given or withheld or may be given subject to such conditions as the Reserve
Bank may deem fit to impose:
Provided that no approval shall be withheld by the Reserve Bank under this clause unless the
exporter has been given a reasonable opportunity for making a representation in the matter.
(10) Where the Central Government is of opinion that, in respect of any goods or class of goods or class of exporters, or in respect of export to any destination, the practice of exporting goods in accordance with any term to the effect that the goods will be sold on account of the exporter and the account of such sales rendered to the exporter has resulted or is likely to result in the full export value of the goods not being brought into India in the prescribed manner or within the prescribed period, it may, by general or special order, prohibit the export, in accordance with such term, of such goods or class of goods or by such exporters or to such destination.
19.Regulation of export and transfer of securities.- (1) Notwithstanding anything contained in section 81 of the Companies Act, 1956, (1 of 1956) no person shall, except with the general or special permission of the Reserve Bank,-
(a) take or send any security to any place outside India;
(b) transfer any security, or create or transfer any interest in a security, to or in favour of a
person resident outside India;
(c) transfer any security from a register in India to a register outside India or do any act which
is calculated to secure, or forms part of a series of acts which together are calculated to secure,
the substitution for any security which is either in, or registered in, India , of any security which
is either outside, or registered outside, India;
(d) issue, whether in India or elsewhere, any security which is registered or to be registered in
India, to a person resident outside India;
(e) acquire, hold or dispose of any foreign security.
(2) Where the holder of a security is a nominee, neither he nor any person through whose agency the exercise of all or any of the holder’s rights in respect of the security is controlled shall, except with the general or special permission of the Reserve Bank, do any act, whereby the recognises or gives effect to the substitution of another person as the person from whom he directly receives instructions, unless both the person previously instructing and the person substituted for that person were, immediately before the substitution, resident in India.
(3) The Reserve Bank may, for the purpose of securing that the provisions of this section are not evaded, require that the person transferring any security and the person to whom such security is transferred shall subscribe to a declaration that the transferee is not resident outside India.
(4) Notwithstanding anything contained in any other law, no person shall, except with the permission of the Reserve Bank,-
(a) enter any transfer of securities in any register or book in which securities are registered or
inscribed if he has any ground for suspecting that the transfer involves any contravention of the
provisions of this section, or
(b) enter in any such register or book, in respect of any security, whether in connection with the
issue or transfer of the security or otherwise, an address outside India except by way of
substitution, for any such address in the same country or for the purpose of any transaction for
which permission has been granted under this section with knowledge that it involves entry
of the said address, or
(c) transfer any share from a register outside India to a register in India.
(5) Notwithstanding anything contained in any other law, no transfer of any share of a company registered in India made by a person resident outside India or by a national of a foreign State to another person whether resident in India or outside India shall be valid unless such transfer is confirmed by the Reserve Bank on an application made to it in this behalf by the transferor or the transferee.
(6) If the Central Government is of opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette, exempt any transfer referred to in sub-section (5) or class of such transfers from the operation of the provisions of that sub-section, subject to such conditions, if any, as may be specified in the notification.
(7) For the purposes of this section,-
(a) “holder”, in relation to a bearer security, means the person having physical custody of the security; provided that, where a bearer security is deposited with any person in a locked or sealed receptacle from which the person with whom it is deposited is not entitled to remove it without the authority of some other person, that other person shall be deemed to be the holder of the security;
(b) “nominee” means a holder of any security (including a bearer security) or any coupon representing dividends or interest who, as respects the exercise of any rights in respect of the
security or coupon, is not entitled to exercise those rights except in accordance with the
instructions given by some other person, and a person holding a security or coupon as a nominee
shall be deemed to act as nominee for the person who is entitled to give instructions either directly
or through the agency of one or more persons, as to the exercise by the holder of the security or
coupon of any rights in respect thereof and is not, in so doing, himself under a duty to comply
with instructions given by some other person.
20.Restrictions on payment in respect of certain securities.- Notwithstanding anything contained in any other law or in any contract, agreement or other instrument, the holder of any Government security, as defined in the Public Debt Act, 1944, (14 of 1944) created and issued for the purpose of raising a public loan before the 15th day of August, 1947, in respect of which the principal or interest or both are for the time being the Central Government, shall not be entitled, expect with the general or special permission of the Reserve Bank, to have any such payment made at any place in India.
Explanation.- In this section, “holder” shall have the same meaning as in clause (a) of sub-section (7) of section 19.
21.Custody of securities.- (1) The Central Government may, by notification in the Official Gazette, order every person by whom or on whose behalf a security or certificate of title to a security specified in the order is held in India to cause the said security or certificate of title to be kept in the custody of an authorised depository named in the order:
Provided that the Reserve Bank may, by order in writing, permit any such security to be withdrawn from the custody of the authorised depository subject to such conditions as may be specified in the order.
(2) No authorised depository may part with any security covered by an order under sub-section (1) without the general or special permission of the Reserve Bank except to, or to the order of, another authorised depository.
(3) Except with the general or special permission of the Reserve Bank, no authorised depository shall-
(a) accept or part with any security covered by an order under sub-section (1) whereby the
security is transferred to the name of a person resident outside India, or
(b) do any act whereby he recognises or gives effect to the substitution of another person as the
person from whom he directly receives instructions relating to such security unless the person
previously so instructing him and the person substituted for that person were, immediately before
the substitution, resident in India.
(4) Except with the general or special permission of the Reserve Bank, no person shall purchase, sell or transfer any security, or certificate of title to a security, covered by an order under sub-section (1) unless such security or certificate of title has been deposited in accordance with the order under sub-section (1).
(5) Except with the general or special permission of the Reserve Bank, no capital moneys, interest or dividends in respect of any security covered by an order under sub-section (1) shall be paid in India except to or to the order of the authorised depository having the custody of the security.
(6) For the purposes of this section-
(a) “authorised depository” means a person notified by the Central Government to be entitled to
accept the custody of securities and certificates of title to securities, and
(b) “security” includes coupons.
22.Restrictions on issue of bearer securities.- The Central Government may, by notification in the Official Gazette, order that except with the general or special permission of the Reserve Bank no person shall, in India, and no person resident in India shall, outside India, create or issue any bearer certificate or coupon or so alter any document that it becomes a bearer certificate or coupon.
23.Acquisition by Central Government of foreign securities.- (1) Subject to any exemptions that may be contained in the notification, the Central Government may, if it is of opinion that it is expedient so to do for the purpose of strengthening its foreign exchange position, by notification in the Official Gazette,-
(a) order the transfer to itself of any foreign securities specified in the notification at a price
so specified, being a price which, in the opinion of the Central Government, is not less than the
market value of the securities on the date of the notification, or
(b) direct the owner of any foreign securities specified in the notification to sell or procure the
sale of the securities and thereafter to offer or cause to be offered the net foreign exchange
proceeds of the sale to the Reserve Bank on behalf of the Central Government or to such
person as the Reserve Bank may authorise for the purpose, at such price as the Central
Government may fix, being a price, which is not less than the price calculated at the rate of
exchange for the time being authorised by the Reserve Bank.
(2) On the issue of a notification under clause (a) of sub-section (1),-
(a) the securities to which the notification relates shall forthwith vest in the Central Government free from any mortgage, pledge or charge, and the Central Government may deal with them in such manner as it thinks fit;
(b) the owner of any of the securities to which the notification relates and any person who is
responsible for keeping any registers or books in which any of those securities are registered or
inscribed, or who is otherwise concerned with the registration or inscription of any of those
securities, shall do all such things as are necessary or as the Central Government or the Reserve
Bank may order to be done, for the purpose of securing that-
(i) the securities and any certificates of title relating thereto are delivered to the Central
Government and, in the case of registered or inscribed securities, that the securities are
registered or inscribed in the name of the Central Government or of such nominee of
the Central Government as it may specify, and
(ii) any dividends or interest on those securities becoming payable on or after the date
of the issue of the notification are paid to the Central Government or its nominee as
aforesaid and where in the case of any security payable to bearer which is delivered
in pursuance of the said notification, any coupons representing any such dividends or
interest are not delivered with the security, such reduction in the price payable therefor
shall be made as the Central Government thinks fit:
Provided that where the price specified in the notification in relation to any security is ex-dividend or ex-interest, this sub-clause shall not apply to that dividend or interest or to any coupon representing it.
(3) A certificate signed by any person authorised in this behalf by the Central Government that any specified securities are securities transferred to the Central Government under this section shall be treated by all persons concerned as conclusive evidence that the securities have been so transferred.
24.Restriction on settlement, etc.- No person resident in India shall, except with the general or special permission of the Reserve Bank, settle, or make a gift of, any property so that a person who at the time of the settlement or the making of the gift is resident outside India, elsewhere than in the territories notified in this behalf by the Reserve Bank, will have an interest in the property, or exercise any power for payment in favour of a person who at the time of the exercise of the power is resident outside India elsewhere than in such notified territories:
Provided that any settlement or gift made or any power exercised as aforesaid without the permission of the Reserve Bank shall not be invalid merely on the ground that such permission has not been obtained.
25.Restriction on holding of immovable property outside India.- (1) No person resident in India shall, except with the permission of the Reserve Bank, acquire or hold or transfer or dispose of by sale, mortgage, lease, gift, settlement or otherwise, any immovable property situate outside India:
Provided that nothing in this sub-section shall apply to the acquisition or transfer of any such immovable property by way of lease for a period not exceeding five years.
(2) Any person resident in India and holding any immovable property outside India at the commencement of this Act shall, before the expiry of a period of three months from such commencement or such further period as the Reserve Bank may allow in this behalf, declare such holding to the Reserve Bank in such form and containing such particulars as may be specified by the Reserve Bank.
(3) Notwithstanding anything contained in this Act or in any other law for the time being in force, if the Central Government is satisfied that it is necessary or expedient in the public interest so to do, it may, by order, direct any person holding any immovable property outside India to sell the whole or any part of such property, subject to such terms and conditions as it may deem fit, and require the proceeds of such sale to be received in India through an authorised dealer.
(4) Nothing in this section shall apply to a national of a foreign State.
URL:http://www.indianrailways.gov.in/RPF/Files/law/BareActs/FERA%201973.doc#a