APPENDIX I
FOREIGN EXCHANGE REGULATION ACT, 1973
[As amended by the Foreign Exchange Regulation (Amendment) Act, 1993]
FOREIGN EXCHANGE REGULATION ACT, 1973 
(46 of 1973)
[As amended by the Foreign Exchange Regulation (Amendment) Act, 1993] 
(29 of 1993)
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, 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 :-
	- Short title, extent, application and commencement
		- This Act may be called the Foreign Exchange Regulation Act, 1973.
- It extends to the whole of India.
- 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.
- It shall come into force on such date 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.
 
- Definitions
 
 In this Act, unless the context otherwise requires, -
		- "Appellate Board" means the Foreign Exchange Regulation Appellate Board 
constituted
by the Central Government under sub-section(1)of section 52;
- "authorised dealer" means a person for the time being authorised under 
section 6 to deal
in foreign exchange;
- "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;
- "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;
- "coupon" means a coupon representing dividends or interest on a security;
 The provisions of F.E.R. (Amendment) Act, 1993 (hereafter referred to as Act 29 
of 1993) came into force on the 8th day of January 1993.
- "currency" includes all coins, currency notes, banks notes, postal notes, 
postal orders, money orders, cheques, drafts, traveller's cheques, letters of 
credit, bills of exchange and promissory notes;
- "foreign currency" means any currency other than Indian currency;
- "foreign exchange" means foreign currency and includes -
			- 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;
- 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;
 
- "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;
- Deleted by Act 29 of 1993
- "Indian currency" means currency which is expressed or drawn in Indian 
rupees but does not include special bank notes and special one-rupee notes 
issued under section 28A of the Reserve Bank of India Act, 1934;
- "Indian custom 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;
- "money-changer" means a person for the time being authorised under section 7 
to deal
in foreign currency;
- "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;
- "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 or 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;
- "person resident in India" means -
			- 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--
				- for or on taking up employment outside India,
or
- for carrying on outside India a business or vocation outside India,
or
- for any other purpose, in such circumstances as would indicate his intention 
to stay outside India for an uncertain period;
 
- 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 -
				- for or on taking up employment in India,
or
- for carrying on in India a business or vocation in India,
or
- for any other purpose, in such circumstances as would indicate his intention 
to stay in India for an uncertain period;
 
- a person, not being a citizen of India, who has come to, or stays in, 
India, in either case -
				- for or on taking up employment in India,
or
- for carrying on in India a business or vocation in India,
or
- for staying with his or her spouse, such spouse being a person resident in 
India,
or
- for any other purposes, in such circumstances as would indicate his 
intention to stay in India for an uncertain period;
 
- 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;
 
- "person resident outside India" means a person who is not resident in India;
- "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;
- "prescribed" means prescribed by rules made under this Act;
- "Reserve Bank" means the Reserve Bank of India;
- "security" means shares, stocks, bonds, debentures, debenture stock, 
Government securities as defined in the Public Debt Act, 1944, savings 
certificates to which the Government Savings Certificates Act, 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;
- Deleted by Act 29 of 1993
- "transfer", in relation to any security, includes transfer by way of loan or security. Classes of officers of Enforcement
 
- There shall be the following classes of officers of Enforcement, namely:-
		- Directors of Enforcement;
- Additional Directors of Enforcement;
- Deputy Directors of Enforcement;
- Assistant Directors of Enforcement; and
- such other class of officers of Enforcement as may be appointed for the 
purposes of this Act.
 
- Appointment and powers of officers of Enforcement
		- The Central Government may appoint such persons as it thinks fit to be 
officers of Enforcement.
- 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 of 
Enforcement to appoint officers of Enforcement below the rank of an Assistant 
Director of Enforcement.
- 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.
- Entrustment of functions of Director
- 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.
- Authorised dealers in foreign exchange
			- The Reserve Bank may, on an application made to it in this behalf, authorise any person to deal in foreign exchange.
- An authorisation under this section shall be in writing and -
				- may authorise transactions of all descriptions in foreign currencies or may 
be restricted to authorising dealings in specified foreign currencies only;
- may authorise dealings in all foreign currencies or may be restricted to 
authorising specified transactions only;
- may be granted to be effective for a specified period, or within specified 
amounts;
- may be granted subject to such conditions as may be specified therein.
 
- Any authorisation granted under sub-section (1) may be revoked by the 
Reserve Bank at any time if the Reserve Bank is satisfied that, -
				- it is in the public interest to do so; 
				or
- 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.
 
- Any 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 any foreign exchange which is not in 
conformity with the terms of his authorisation under this section.
- 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.
- Money-changers
- 
			
				- The Reserve Bank may, on an application made to it in this behalf, authorise any person to deal in foreign currency.
- An authorisation under this section shall be in writing and -
					- may authorise dealings in all foreign currencies or may be restricted to 
authorising dealings in specified foreign currencies only;
- may authorise transactions of all descriptions in foreign currencies or may 
be restricted to authorising specified transactions only;
- may be granted with respect to a particular place where alone the money 
changer shall carry on his business;
- may be granted to be effective for a specified period, or within specified 
amounts;
- may be granted subject to such conditions as may be specified therein.
 
- Any authorisation granted under sub-section (1) may be revoked by the 
Reserve Bank at any time if the Reserve Bank is satisfied that -
					- it is in the public interest to do so;
or
- 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.
 
- 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.
 
- Restrictions on dealing in foreign exchange
				- 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 persons or opens an account in foreign exchange 
with another person, shall be deemed to lend foreign exchange to such other 
person.
- Except with the previous general or special permission of the Reserve Bank, 
no person, whether an authorised dealer or a 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.
- 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 aquire 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.
- 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.
- 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.
 
- Restrictions on payments
				- 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 -
					- make any payment to or for the credit of any person resident outside India;
- receive, otherwise than through an authorised dealer, any payment by order 
or on behalf of any person resident outside in 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;
- 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;
- make any payment to, or for the credit of, any person by order or on behalf 
of any person resident outside India;
- place any sum to the credit of any person resident outside India;
- 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 -
						- the receipt by any person of a payment or the acquisition by any person of 
property outside India,
- the creation or transfer in favour of any person of a right (whether actual 
or contingent) to receive payment or acquire property outside India;
 
- 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).
 
- Nothing in sub-section (1) shall render unlawful -
				
					- 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;
- 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.
 
- 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 is received in India only through an authorised 
dealer.
- 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.
- For the purposes of this section and section 19, "security" includes coupons 
or warrants representing dividends or interest and life or endownment insurance 
policies.
 
- Blocked accounts
				- 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 -
					- 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;
- 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.
 
- 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.
- 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.
 
- Deleted by Act 29 of 1983
- Deleted by Act 29 of 1993
- Restrictions on import and export of certain currency
				- 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 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.
- 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 Indian currency or foreign 
exchange other than foreign exchange obtained by him from an authorised dealer 
or from a money-changer.
 
- 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 -
				- who owns or holds 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;
- 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 being 
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, except 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.
 
- Deleted by Act 29 of 1993
- Duty of persons entitled to receive foreign exchange
				- No person who has a right to receive any foreign exchange or to receive 
from a person resident outside India a payment in rupees 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 -
					- that the receipt by him of the whole or part of that foreign exchange or 
payment is delayed,
or
- that the foreign exchange or payment ceases in whole or in part to be 
receivable by him.
 
- 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 purposes of 
securing the receipt of the foreign exchange or payment, as the case may be.
 
- Deleted by Act 29 of 1993
- Payment for exported goods
				- 
				
					- 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, among 
others, shall include the amount representing -
						- the full export value of the goods;
or
- 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.
 
- 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 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.
 
- 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 -
					- in a case falling under sub-clause (i) or sub-clause (ii) of clause (a) of 
sub-section (1), -
						- that payment for the goods -
							- is made otherwise than in the prescribed manne
or
- is delayed beyond the period prescribed under clause (a) of sub-section 
(1), or
 
- 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
 
- 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.
 
- 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).
- 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 -
					- if the goods have been sold, the payment therefore,
or
- if the goods have not been sold, either the sale of the goods and payment 
					therefore 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 therefore 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.
 
- 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.
- 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 those 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 
theprevailing market conditions, can be expected to receive on the sale of the 
goods in the overseas market.
- For the purpose of ensuring compliance with 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.
- 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.
- 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:-
					- 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;
- 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;
- 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;
- 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.
 
- 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.
 
- Payment for lease, hire or other arrangement
 
 No person shall, except with the general or special permission of the 
Reserve Bank, take or send out by land, sea or air any goods from India to any 
place on lease or hire or under any arrangement other than sale or disposal in 
any other manner of such goods.
- Regulation of export and transfer of securities
				- Notwithstanding anything contained in section 81 of the Companies Act, 
1956, no person shall, except with the general or special permission of the 
Reserve Bank, --
					- take or send any security to any place 
					outside India;
- transfer any security, or create or transfer any interest in a security, to 
or in favour of a person resident outside India;
- Deleted by Act 29 of 1993;
- issue, whether in India or elsewhere, any security which is registered or to 
be registered in India, to a person resident outside India;
- acquire, hold or dispose of any foreign security.
 
- 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 he 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.
- 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.
- Notwithstanding anything contained in any other law, no person shall, except 
with the permission of the Reserve Bank, -
					- 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
- 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.
- Deleted by Act 29 of 1993
 
- Notwithstanding anything contained in any other law, no transfer of any 
share, bond or debenture of a company registered in India made by a person 
resident outside India or by a national of a foreign State to another person 
resident in 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.
- If the Reserve Bank is of opinion that it is necessary or expedient in the 
public interest so to do, it may, by general or special permission exempt any 
transfer referred to in sub-section (5) or any 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 such permission.
- For the purposes of this section -
					- "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;
- "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.
 
 
- Deleted by Act 29 of 1993
- Deleted by Act 29 of 1993
- Restrictions on issue of bearer securities
 
 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.
- Deleted by Act 29 of 1993
- 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.