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 FOREIGN EXCHANGE REGULATION ACT, 1973

9.  Restrictions on payments

9. (a) Save as may be provided in and in accordance with any general or special exemption from the provisions of this subsection 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;

sraw, 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;

vii. 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

(b) 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 moneychanger 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.

(c) 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.

(d) 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.

(e) For the purposes of this section and section 19, ';security'; includes coupons or warrants representing dividends or interest and life or endowment insurance policies.