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Core Purpose

Notification amending the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 by inserting an Explanation to the definition of 'unit' in rule 2, clause (aq).

Detailed Summary

Vide S.O. 1361(E) dated 14th March 2024, the Ministry of Finance, Department of Economic Affairs, in exercise of powers under clauses (aa) and (ab) of sub-section (2) of section 46 of the Foreign Exchange Management Act, 1999 (42 of 1999), notified the Foreign Exchange Management (Non-debt Instruments) (Second Amendment) Rules, 2024, effective from the date of publication in the Official Gazette, which amend the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 by inserting an Explanation to rule 2, clause (aq) clarifying that the term 'unit' includes a unit that has been partly paid up, permitted under regulations framed by the Securities and Exchange Board of India in consultation with the Government of India; the principal rules were published vide S.O. 3732(E) dated 17th October 2019 and had previously been amended by notifications S.O. 4355(E) dated 5th December 2019, S.O. 1278(E) dated 22nd April 2020, S.O. 1374(E) dated 27th April 2020, S.O. 2442(E) dated 27th July 2020, S.O. 4441(E) dated 8th December 2020, S.O. 3206(E) dated 9th August 2021, S.O. 3411(E) dated 19th August 2021, S.O. 4091(E) dated 5th October 2021, S.O. 4242(E) dated 12th October 2021, S.O. 1202(E) dated 12th April 2022, and S.O. 332(E) dated 24th January 2024; the notification was issued under F. No. 1/8/EM/2019 and signed by Surbhi Jain, Joint Secretary.

Full Text

1945 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1295] NEW DELHI, THURSDAY , MARCH 14, 2024 /PHALGUNA 24, 1945 CG-DL-E-14032024-253011 MINISTRY OF FINANCE (Department of Economic Affairs) NOTIFICATION New Delhi, the 14th March, 202 4 S.O. 1361 (E).—In exercise of the powers conferred by clauses (aa) and (ab) of sub -section (2) of section 46 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Central Government hereby makes the following rules further to amend the Foreign Exchange Management (Non -debt Instruments) Rules, 2019, namely: - 1. (1) These rules may be called the Foreign Exchange Management (Non -debt Instruments) (Second Amendment) Rules, 2024. (2) They shall come into force on the date of their pub lication in the Official Gazette. 2. In the Foreign Exchange Management (Non -debt Instruments) Rules, 2019 , in rule 2, in clause (aq), the following Explanation shall be inserted, namely: - “Explanation. - For the purposes of this clause, unit shall include unit that has been partly paid up, which is permitted under the regulations framed by the Securities and Exchange Board of India, in consultation with Government of India;”. [F. No. 1/8/EM/2019] SURBHI JAIN , Jt. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (ii), vide number S.O.3732 (E), dated the 17th October, 2019 and subsequently amended vide notification numbers: - (i) S.O. 4355 (E), dated the 5th December 2019; (ii) S.O. 1278 (E), dated the 22nd April, 2020; (iii) S.O. 1374 (E), dated the 27th April, 2020; (iv) S.O. 2442 (E), dated the 27th July, 2020; (v) S.O. 4441 (E), dated the 8th December, 2020; (vi) S.O. 3206 (E), dated the 9th August, 2021; (vii) S.O. 3411 (E), dated the 19th August, 2021; (viii) S.O. 4091 (E), dated the 5th October 2021; (ix) S.O. 4242 (E), dated the 12th October 2021; (x) S.O. 1202 (E), dated 12th April 2022; and (xi) S.O. 332(E), dated 24th January 2024. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Maya puri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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