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Circular

NTF. NO. FEMA 46/2001-RB, DT. 29/11/2001

Document type
Circular
Dated

Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001

NTF. NO. FEMA 46/2001-RB, DT. 29/11/2001

FEM - (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2002

In exercise of the powers conferred by clause (b) of sub-section (3) of Section 6 and Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), and in partial modification of its Notification No.FEMA 20/2000-RB, dated 3rd May, 2000, the Reserve Bank of India makes the following Regulations to amend the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000, namely :-

Short title and commencement :-

1.
    (i) These Regulation may be called the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2002.

    (ii) They shall come into force from the date of pulication in the Gazette

    [OLD - They shall come into force with immediate effect. ]

    (In above Notification the figure "2002" at title & short title has been substituted vide CORRIGENDUM - G.S.R. No.551(E), DT. 31/08/2004)

    (Above clause (ii) has been substituted vide Corrigendum G.S.R. 119(E)-RB, DT. 06/02/2004)

Amendment of the Regulations:-

2. In the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (hereinafter referred to as "the Principal Regulations"),

in Regulations 5, for sub-regulation (3), the following sub-regulation shall be substituted, namely :-
    "(3) (i) A Non-resident Indian (NRI) may purchase shares or convertible debentures of an Indian Company on a Stock Exchange under Portfolio Investment Scheme, subject to the terms and conditions specified in Schedule 3, provided that the NRI shall not purchase shares or convertible debentures of an Indian Company which is engaged in Print Media sector.

    (ii) A non-resident Indian or an Overseas Corporate Body may purchase shares or convertible debentures of an Indian company on non-repatriation basis other than under Portfolio Investment Scheme subject to the terms and conditions specified in Schedule 4, provided that the NRI or OCB shall not purchase shares or convertible debentures of an Indian Company which is engaged in Print Media sector."
Amendment of Schedule 3 –

3. In Schedule 3 to the Principal Regulations, -
    i. in the Heading, for the words "NRI/OCB", the word "NRI" shall be substituted;

    ii. in paragraph 1,

      a. for the words "NRI/OCB", "NRI or OCB", and "NRIs or OCBs" wherever they occur, the words "NRI", "NRI" and "NRIs" respectively shall be substituted;

      b. the words "or an Overseas Corporate Body (OCB)" shall be omitted;

      c. in sub-paragraph (i), for the words "his/its", the word "his" shall be substituted;

      d. sub-paragraph (vii) shall be omitted;

    iii. for paragraph 2, the following paragraph shall be substituted,namely :-

      "The link office of the designated branch of an authorised dealer referred to in paragraph 1 shall furnish to the Chief General Manager, RBI, ECD, Central Office, Mumbai, a report on daily basis on PIS transactions undertaken by it, such report to be furnished on line or on floppy or in hard copy in a format supplied by Reserve Bank".

(K. J. Udeshi)
Executive Director

Foot-note : The Principal Regulation were published in the Official Gazette vide No. G.S.R. 406(E) dated 03-05-2000 in Part II, Section 3, Sub-section (i) and subsequently last amended vide No. G.S.R. 547(E) dated 20th September, 2001.

(Above Foot Note has been added vide Corrigendum G.S.R. 119(E)-RB, DT. 06/02/2004)

(Pl. See CIRCULAR NO.13-RB, DATED 29/11/2001)

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