28. (1) Without prejudice to the
provisions of section 47 and notwithstanding anything contained in any of other
provision of this Act or the Companies Act, 1956, a person resident outside
India (whether a citizen of India or not) or a person who is not a citizen of
India but is resident in India, or a company (other than a banking company)
which is not incorporated under any law in force in India or any branch of such
company, shall not, except with the general or special permission of the Reserve
Bank act, or accept appointment, as agent in India of any person or company,
in the trading or commercial transactions of such person or company, or
(2) Where any such person or company
(including its branch) as is referred to in sub-section (1) acts or accepts
appointment as such agent, without the permission of the Reserve Bank, such
acting or appointment shall be void.
(3) Where any such person or company
(including its branch) as is referred to in sub-section (1) acts as, or holds
the appointment of, any such agent as is referred to in that sub-section at
the commencement of this Act, such person or company (including its branch)
shall, within a period of six months from such commencement or such further
period as the Reserve Bank may allow in this behalf, make an application to
the Reserve Bank in such form and containing such particulars as may be specified
by the Reserve Bank for permission to continue to act, as such agent.
(4) On receipt of an application
under sub-section (3), the Reserve Bank may, after making such inquiry as it
deems fit, either allow the application subject to such conditions, if any,
as the Reserve Bank may think fit to impose, or reject the application: Provided
that no application shall be rejected under this sub-section unless the parties
who may be affected by such rejection have been given a reasonable opportunity
for making a representation in the matter.
(5) Where any application has been
rejected under sub-section (4), the acting, appointment or permission, as the
case may be, shall be void on the expiry of a period of ninety days, or such
other later date as may be specified by the Reserve Bank, from the date of receipt
by the person or company (including its branch) concerned of the communication
conveying such rejection.
(6) Where no application has been
made under sub-section (3) by any such person or company (including its branch)
as is referred to in sub-section (1), the Reserve Bank may, by order, direct
such person or company (including its branch) to desist from such acting on
the expiry of such period as may be specified in the direction:
Provided that no direction shall
be made under this sub-section unless the parties who may be affected by such
direction have been given a reasonable opportunity for making a representation
in the matter.
(7) Where any direction made under
sub-section (6) has not been complied with by any person or company (including
its branch), then, without prejudice to any action that may be taken under this
Act, the acting, shall be with effect from the expiry of the period specified
in the direction.
Explanation - For the purposes
of this section
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"agent" includes any person
or company (including its branch) who or which buys any goods with a view
to sell such goods before any processing thereof;
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"company" means any body
corporate and includes a firm or other association of individuals;
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"processing" means any
art or process for producing, preparing or making an article by subjecting
any material to a manual, mechanical, chemical, electrical or any other
like operation but does not include any process incidental or ancillary
to the completion of a manufactured product such as dividing, pressing,
compressing, packing, re-packing, labeling, re-labeling, branding or the
adoption of any such treatment as is necessary to render such product
marketable to the consumer.
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Deleted by Act 29 of 1993
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