Section 28 in The Foreign Exchange Regulation Act, 1973
28. Restrictions on the appointment of certain persons and companies as agents or technical or management advisers in India .- [(1) Without prejudice to the provisions of section 47 and notwithstanding anything contained in any other provision of this Act or the Companies Act, 1956 (1 of 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.
(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 [* * *] [ The words " or appointment or, as the case may be, from permitting the use of any such trade mark" omitted by Act 29 of 1993, Section 15 (w.e.f. 8.1.1993).] 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 [* * *] [ The words " appointment or permission, as the case may be" omitted by Act 29 of 1993, Section 15 (w.e.f. 8.1.1993).] shall be void with effect from the expiry of the period specified in the direction.Explanation .-For the purpose of this section,-(a)"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;(b)"company" means any body corporate and includes a firm or other association of individuals;(c)"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 operations but does not include any process incidental or ancillary to the completion of a manufactured product such as dividing, pressing, compressing, packing, re-packing, labelling, re-labelling, branding or the adoption of any such treatment as is necessary to render such product marketable to the consumer.[* * *] [ Clause (d) omitted by Act 29 of 1993, Section 15 (w.e.f. 8.1.1993).]
