3. A copy of Foreign Exchange Management
(Transfer or issue of Security by a Person Resident outside India) (Fifth Amendment)
Regulations 2005, Notification No. FEMA 138/2005-RB dated July
22, 2005, has been notified by Government vide G.S.R. No. 505(E) dated July
25, 2005 is annexed.
4. Authorised Dealers may bring the contents
of this circular to the notice of their constituents/customers concerned.
5. The directions contained in this circular
have been issued under Sections 10(4) and 11(1) of the Foreign Exchange Management
Act, 1999 (42 of 1999) and are without prejudice to permissions/approvals, if
any, required under any other law.
Yours faithfully,
(Vinay Baijal)
Chief General Manager
Annex
[A. P. (DIR) Circular No. 06 dated August 11,
2005]
Notification No.FEMA.138/2005-RB
dated July 22, 2005
Foreign Exchange Management (Transfer or issue
of Security by a Person Resident outside India) (Fifth Amendment) Regulations,
2005
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) the Reserve Bank of India hereby makes the following
amendments in the Foreign Exchange Management (Transfer or issue of Security
by a Person Resident outside India) Regulations, 2000 (Notification No. FEMA
20/2000-RB dated 3rd May 2000) namely:-
1. Short Title & Commencement:-
(i) These Regulations may be called the Foreign
Exchange Management (Transfer or issue of Security by a Person Resident outside
India) (Fifth Amendment) Regulations, 2005.
(ii) They shall come into force from the date
of its publication in the official Gazette.
2. Amendment of the Regulations:-
In the Foreign Exchange Management (Transfer
or issue of Security by a Person Resident outside India) Regulations, 2000,
in Regulation 5,
i. in sub-regulation (2), the provisio shall
be omitted.
ii. in sub-regulation (3), in clause (i), the
existing provisio and the coma preceding thereto shall be omitted.
iii. in sub-regulation (3), in clause (ii),
the existing provisio and the coma preceding thereto shall be omitted.
iv. in sub-regulation (5), the existing provisio
shall be omitted.'
-sd/-
(Vinay Baijal)
Chief General Manager
Foot Note: The Principal Regulations
were published in the Official Gazette vide G.S.R.No. 406 (E) dated May 3, 2000
in Part II, Section 3, sub-section (i) and subsequently amended as under:
G.S.R.No. 158(E) dated 02.03.2001
G.S.R.No. 175(E) dated 13.03.2001
G.S.R.No. 182(E) dated 14.03.2001
G.S.R.No. 4(E) dated 02.01.2002
G.S.R.No. 574(E) dated 19.08.2002
G.S.R.No. 223(E) dated 18.03.2003
G.S.R.No. 225(E) dated 18.03.2003
G.S.R.No. 558(E) dated 22.07.2003
G.S.R.No. 835(E) dated 23.10.2003
G.S.R.No. 899(E) dated 22.11.2003
G.S.R.No. 12(E) dated 07.01.2004
G.S.R.No. 278(E) dated 23.04.2004
G.S.R.No. 454(E) dated 16.07.2004
G.S.R.No. 625(E) dated 21.09.2004
G.S.R.No. 799(E) dated 08.12.2004
G.S.R.No. 201(E) dated 01.04.2005
G.S.R.No. 202(E) dated 01.04.2005
G.S.R.No. 505(E) dated 25.07.2005