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Date of |
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Announce- |
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POLICY ANNOUNCEMENTS |
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ment |
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I. MONETARY POLICY MEASURES |
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2004 |
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April |
17 |
• |
In order to provide consistency in the interest rate offered to non-resident Indians (NRIs), the ceiling on interest |
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rates on NRE deposits for one to three years maturity contracted effective close of business on April 17, 2004, was |
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capped at LIBOR/SWAP rates for US dollar of corresponding maturity. Similarly, the interest rate on NRE saving |
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deposits was capped at LIBOR/SWAP rates, instead of domestic savings deposit rate. |
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19 |
• |
All scheduled commercial banks (SCBs) advised of the State/Union Territory-wise physical targets for sanctioning |
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and disbursement of loans under the Prime Minister Rozgar Yojana (PMRY) for the purpose of their quarterly targets |
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to be achieved by end-March 2005. |
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|
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23 |
• |
The validity period of the reduction in the interest rates charged by SCBs on pre-shipment rupee export credit up to |
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180 days and post-shipment rupee export credit up to 90 days announced on September 26, 2001 extended up to |
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April 30, 2005. |
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24 |
• |
Entities other than authorised dealers (ADs) or authorised banks were prohibited from accepting deposits from NRIs |
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either through fresh remittances or by debit to their NRE/FCNR(B) accounts. Holding of the existing deposits would |
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be permitted and renewed on repatriation or non-repatriation basis and the interest earned on such deposits would |
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continue to be repatriable. |
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May |
18 |
• |
Entire export credit refinance to be made available at reverse repo rate. |
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• |
Non-bank participants’ lending in call/notice money market reduced to 45 per cent of their average daily lending |
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during 2000-01, effective June 26, 2004. |
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• |
Automated value-free transfer of securities between market participants and the Clearing Corporation of India Ltd. |
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(CCIL) was enabled for collateralised borrowing and lending operations (CBLO). |
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• |
Loans to storage units, including cold storage units, designed to store agricultural produce/ products, irrespective of |
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their location, would be treated as indirect agricultural finance under priority sector. |
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• |
Investments by banks in securitised assets representing direct (indirect) lending to agriculture would be treated as |
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their direct (indirect) lending to agriculture under priority sector. |
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Jul. |
20 |
• |
Investment by banks in the mortgage backed securities (MBS) to be classified as direct lending to housing within the |
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priority sector lending, subject to certain conditions. |
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26 |
• |
Banks to take appropriate steps to increase the flow of credit to priority sector, agriculture and weaker sections so |
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as to achieve the stipulated targets and also observe the Reserve Bank directives on interest rates on loans. |
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• |
Some recommendations of the Advisory Committee on Flow of Credit to Agriculture and Related Activities from the |
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Banking System (Chairman: Prof. V.S. Vyas) accepted and advised to banks for implementation. These include : |
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exploring possibilities like entering into tie-ups with major tractor and farm machinery manufacturers for financing |
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agriculturists in a cost-effective manner; taking steps for implementing the recommendations of the R. V. Gupta |
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Committee relating to simplification of documentation, delegation of more powers to the branch managers, etc.; |
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measures to save avoidable expenses for borrowers for getting a loan sanctioned; providing a separate flexible |
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revolving credit limit to small borrowers for production and investment loans for meeting temporary shortfalls in |
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family cash flows; measures to reduce the information gap about procedures; exploring financing of oral lessees on |
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the basis of Joint Liability Group and SHG approach models through pilot projects; and address various issues to |
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make access to financial services smooth and client-friendly. |
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Sept. |
11 |
• |
The cash reserve ratio (CRR) increased by one-half of one percentage point of Net Demand and Time Liabilities |
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(NDTL) in two stages - 4.75 per cent effective September 18, 2004 and 5.0 per cent effective October 2, 2004. |
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|
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|
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|
• |
The interest on eligible cash balances maintained with the Reserve Bank reduced to 3.5 per cent from the Bank |
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Rate (6.0 per cent) effective September 18, 2004. |
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Date of |
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|
|
|
Announce- |
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POLICY ANNOUNCEMENTS |
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ment |
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2004 |
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I. MONETARY POLICY MEASURES (Contd.) |
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Oct. |
26 |
• |
Repo rate increased by 25 basis points to 4.75 per cent effective October 27, 2004. The fixed reverse repo rate |
| |
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under the Liquidity Adjustment Facility (LAF) left unchanged at 6.0 per cent. The nomenclature of repo and reverse |
| |
|
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repo was changed effective October 29, 2004 consistent with international usage. Effective October 29, 2004, reverse |
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|
|
repo indicates absorption of liquidity and repo indicates injection of liquidity. Accordingly, reverse repo rate would be |
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|
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4.75 per cent and repo rate would be 6.0 per cent. |
| |
|
|
|
| |
|
• |
The revised LAF scheme operationalised with overnight fixed rate repo and reverse repo effective November 1, |
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|
|
2004; the 7-day and 14-day repos discontinued. |
| |
|
|
|
| |
|
• |
Ceiling on interest rates on NRE deposits raised by 50 basis points above the LIBOR/SWAP rates for the US dollar |
| |
|
|
of corresponding maturities. |
| |
|
|
|
| |
|
• |
Banks allowed to fix the ceiling on interest rates on FCNR(B) deposits on a monthly basis for the following month |
| |
|
|
based on rates prevailing as on the last working day of the preceding month. |
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|
|
|
| |
|
• |
Banks allowed to reduce the minimum tenor of retail domestic term deposits (under Rs.15 lakh) from 15 days to 7 |
| |
|
|
days. Banks have the freedom to offer differential rates of interest on wholesale domestic term deposits of Rs.15 |
| |
|
|
lakh and above. |
| |
|
|
|
| |
|
• |
Limits on priority sector advances for dealers in agricultural machinery including drip/sprinkler irrigation systems |
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|
|
increased from Rs. 20 lakh to Rs.30 lakh and for distribution of inputs for allied activities from Rs.25 lakh to Rs.40 |
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|
|
lakh. |
| |
|
|
|
| |
|
• |
Banks advised to increase their disbursements to small and marginal farmers to 40 per cent of their direct advances |
| |
|
|
under special agricultural credit plans (SACPs) by March 2007. All private sector banks urged to formulate SACP |
| |
|
|
from the year 2005-06, targeting an annual growth rate of at least 20-25 per cent of credit disbursements to agriculture. |
| |
|
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|
| |
|
• |
Investments made by banks in securitised assets representing direct lending to the SSI sector would be treated as |
| |
|
|
their direct lending to SSI sector under priority sector, provided the pooled assets represent loans to SSI sector |
| |
|
|
which are reckoned under priority sector and the securitised loans are originated by banks/financial institutions. |
| |
|
|
|
| |
|
• |
The composite loan limit for SSI entrepreneurs enhanced from Rs. 50 lakh to Rs. 1 crore. |
| |
|
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|
| |
|
• |
Banks, with the approval of their Boards, allowed to extend direct finance to housing sector up to Rs.15 lakh, |
| |
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|
irrespective of location, as part of their priority sector lending. |
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|
|
|
| |
|
• |
Banks allowed to advance loans to distressed urban poor, against appropriate collateral or group security, to prepay |
| |
|
|
their debt to non-institutional lenders and classify the same under weaker sections within the priority sector. |
| |
|
|
|
| |
|
• |
Non-bank participants’ lending in call/notice money market reduced to 30 per cent of their average daily lending |
| |
|
|
during 2000-01, effective the fortnight beginning January 8, 2005. |
| |
|
|
|
| |
|
• |
The minimum maturity period of Commercial Paper (CP) reduced from 15 days to 7 days. |
| |
|
|
|
| |
|
• |
The ceiling on the outstanding obligation of the Government under the Market Stabilisation Scheme (MSS) raised |
| |
|
|
from Rs.60,000 crore to Rs.80,000 crore. The threshold level of the ceiling for further review placed at Rs.70,000 |
| |
|
|
crore. |
| |
|
|
|
|
Nov. |
1 |
• |
Banks allowed to reduce the minimum tenor of retail domestic/NRO term deposits (under Rs.15 lakh) at their discretion |
| |
|
|
from 15 days to 7 days. Similar guidelines were issued to all State and District central co-operative banks. |
| |
|
|
|
|
Dec. |
15 |
• |
Banks’ investments in special bonds issued by certain specified institutions on or after April 1, 2005 made ineligible |
| |
|
|
for classification under priority sector lending. Investments made up to March 31, 2005 would cease to be eligible in |
| |
|
|
a phased manner. |
| |
|
|
|
|
2005 |
|
|
|
| |
|
|
|
|
Jan. |
12 |
• |
The investment limit in plant and machinery for seven items belonging to sports goods, which figures in the list of |
| |
|
|
items reserved for manufactures in the SSI sector, enhanced from Rs. 1 crore to Rs. 5 crore for the purpose of |
| |
|
|
classification under priority sector advances. |
| |
|
|
|
|
April |
28 |
• |
The fixed reverse repo rate under the LAF of the Reserve Bank increased by 25 basis points to 5.0 per cent effective |
| |
|
|
April 29, 2005. The fixed repo rate under the LAF left unchanged at 6.0 per cent. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
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|
|
|
2005 |
|
|
I. MONETARY POLICY MEASURES (Concld.) |
| |
|
|
|
|
April |
28 |
• |
Non-bank participants’ lending, except Primary Dealers (PDs), reduced to 10 per cent of their average daily lending in |
| |
|
|
call/notice money market during 2000-01 with effect from the fortnight beginning June 11, 2005. Non-bank participants, |
| |
|
|
except PDs, to be completely phased out from the call/notice money market effective August 6, 2005. |
| |
|
|
|
| |
|
• |
With effect from the fortnight beginning April 30, 2005, the benchmark for fixing prudential limits on exposures to |
| |
|
|
call/notice money market in the case of SCBs linked to their capital funds (sum of Tier I and Tier II capital) from their |
| |
|
|
owned funds (Schedule I and II capital). |
| |
|
|
|
| |
|
• |
Participation in market repo facility in Government securities for non-scheduled urban co-operative banks (UCBs) |
| |
|
|
and listed companies having gilt accounts with scheduled commercial banks allowed subject to eligibility criteria |
| |
|
|
and safeguards. |
| |
|
|
|
| |
|
• |
The minimum maturity period of certificates of deposit (CDs) reduced from 15 days to 7 days with immediate effect. |
| |
|
|
|
| |
|
• |
Introduction of asset-backed commercial paper (ABCP) to further deepen the CP market and additional intra-day |
| |
|
|
LAF to stabilise short-term interest rates would be considered in future in consultation with market participants. |
| |
|
|
|
| |
|
• |
Options in OTC rupee derivatives to be considered, once legal clarity to OTC derivatives is provided and appropriate |
| |
|
|
accounting standards are put in place. |
| |
|
|
|
| |
|
• |
The limit on loans to farmers through the produce marketing scheme increased from Rs.5 lakh to Rs.10 lakh under |
| |
|
|
priority sector lending. |
| |
|
|
|
| |
29 |
• |
The validity period of the reduction in the interest rates on pre-shipment rupee export credit up to 180 days and post- |
| |
|
|
shipment rupee export credit up to 90 days announced on September 24, 2001 extended up to October 31, 2005. |
| |
|
|
|
|
Jul. |
1 |
• |
Investments made by banks in venture capital on or after July 1, 2005 shall not be eligible for classification under |
| |
|
|
priority sector lending and investments that have already been made up to June 30, 2005 shall not be eligible for |
| |
|
|
classification under priority sector with effect from April 1, 2006. |
| |
|
|
|
| |
|
|
|
| |
|
|
II. INTERNAL DEBT MANAGEMENT POLICIES |
|
2004 |
|
|
|
| |
|
|
|
|
June |
3 |
• |
Guidelines issued on dividend distribution by PDs. Dividend payout ratio linked to Capital to Risk Weighted Assets |
| |
|
|
Ratio (CRAR) and ceiling on individual payout ratio fixed. |
| |
|
|
|
|
Aug. |
19 |
• |
The Gilt Account holders in the UCBs not to undertake any sale transaction unless the security sold is actually held |
| |
|
|
in the Gilt Account of the constituent. |
| |
|
|
|
| |
24 |
• |
Guidelines issued to PDs to hold all their equity investments (including conversion of their equity holdings in |
| |
|
|
scrip form into dematerialised form) and make all fresh investments only in dematerialised form, effective |
| |
|
|
December 31, 2004. |
| |
|
|
|
|
Oct. |
15 |
• |
Guidelines on PDs issuing subordinated debt instruments for raising Tier II and Tier III capital issued. |
| |
|
|
|
| |
26 |
• |
Capital indexed bonds (CIBs) to be introduced during the year 2005-06 in consultation with the Central Government. |
| |
|
|
|
|
Nov. |
13 |
• |
All PDs to ensure that whenever defaults (in maintaining sufficient balances in the current and/or SGL accounts to |
| |
|
|
meet their commitments arising out of transactions) take place, they should immediately report the details of such |
| |
|
|
defaults to the Reserve Bank. |
| |
|
|
|
|
2005 |
|
|
|
| |
|
|
|
|
March |
29 |
• |
Guidelines issued to all NDS members regarding conduct of dated Government securities auction under Primary |
| |
|
|
Market Operations module of PDO-NDS. |
| |
|
|
|
|
April |
28 |
• |
The settlement system for transactions in Government securities to be standardised to T+1 basis. |
| |
|
|
|
| |
|
• |
The Reserve Bank would continue to resort to multiple and uniform price methods flexibly in the auction of Government |
| |
|
|
securities. |
| |
|
|
|
| |
|
• |
Permitted structures of PD business would be expanded to include banks which fulfil certain minimum criteria subject |
| |
|
|
to safeguards and in consultation with banks, PDs and the Government. |
| |
|
|
|
| |
|
• |
Restructuring the underwriting obligations of PDs, allowing PDs exclusivity in primary auctions, introduction of ‘When |
| |
|
|
Issued Market’ and limited short selling in Government securities would be considered in consultation with the Government. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2005 |
|
|
II. INTERNAL DEBT MANAGEMENT POLICIES (Concld.) |
| |
|
|
|
|
May |
11 |
• |
Guidelines issued on adoption of standardised settlement on T+1 basis of all outright secondary market transactions |
| |
|
|
in Government securities. |
| |
|
|
|
| |
|
• |
Guidelines issued permitting sale of Government securities allotted to successful bidders in primary issues on the |
| |
|
|
day of allotment, with and between Constituents’ Subsidiary General Ledger (CSGL) account holders. |
| |
|
|
|
| |
|
• |
Non-scheduled UCBs and listed companies, having a gilt account with a scheduled commercial bank, made eligible |
| |
|
|
to participate in repo market subject to certain conditions. |
| |
|
|
|
|
July |
20 |
• |
Guidelines on transaction in Government securities further relaxed by permitting a buyer from an allottee in primary |
| |
|
|
auction to re-sell the security. |
| |
|
|
|
| |
|
|
|
| |
|
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|
| |
|
|
III. FINANCIAL SECTOR MEASURES |
|
2004 |
|
|
|
| |
|
|
|
|
April |
10 |
• |
Revised norms issued with regard to cheque drop box facility, delivery of cheque books over the counter and statement |
| |
|
|
of accounts/pass book. |
| |
|
|
|
| |
15 |
• |
Comprehensive guidelines issued for investment in non-SLR securities by UCBs. |
| |
|
|
|
| |
22 |
• |
Banks to inform at least one month in advance, their account holders, any change in the prescribed minimum balance |
| |
|
|
and the charges that may be levied if the minimum balance is not maintained. |
| |
|
|
|
| |
23 |
• |
Guidelines relating to the eligibility criteria (inclusive of minimum CRAR, non-performing asset and regulatory |
| |
|
|
compliance) for declaration of dividend by commercial banks without prior approval of the Reserve Bank as well as |
| |
|
|
the quantum of dividend payable (with a ceiling placed at 33 1/3 per cent dividend payout ratio and methods of |
| |
|
|
compilation of the ratio prescribed) modified. |
| |
|
|
|
| |
24 |
• |
Non-Banking Financial Companies (NBFCs) prohibited from accepting fresh NRI deposits with effect from April 24, |
| |
|
|
2004, but could renew the deposits already accepted. |
| |
|
|
|
| |
30 |
• |
Banks (excluding RRBs and LABs) to review policies and practices relating to information system (IS) audit and |
| |
|
|
place the audit reports before the top management. Banks to adopt an IS Audit Policy appropriate to their level of |
| |
|
|
computerisation, review the same at regular intervals in tune with industry best practices and guidelines issued by |
| |
|
|
the Reserve Bank. |
| |
|
|
|
| |
|
• |
Banks (excluding RRBs) to ensure strict compliance with the three accounting standards (No. 24, 26 and 28) relating |
| |
|
|
to discounting operations, intangible assets and impairment of assets, respectively. |
| |
|
|
|
|
May |
12 |
• |
SCBs to strictly maintain the confidentiality of information provided by the customer for ‘Know Your Customer’ (KYC) |
| |
|
|
compliance. These guidelines were extended to cover all primary (urban) co-operative banks on May 29, 2004. |
| |
|
|
|
| |
15 |
• |
Banks to scrupulously ensure that their branches do not open current accounts of entities which enjoy credit facilities |
| |
|
|
(fund-based or non-fund based) without specifically obtaining a no-objection certificate from the lending banks. |
| |
|
|
|
| |
17 |
• |
NBFCs/Residuary Non-Banking Companies (RNBCs) to authorise designated banks for collection of interest on due |
| |
|
|
dates on securities held in physical form lodged for safe custody with the designated banks. |
| |
|
|
|
| |
18 |
• |
The requirement of margin/security for agricultural loans up to Rs.50,000 and in the case of agri-business and agri- |
| |
|
|
clinics for loans up to Rs.5 lakh waived. |
| |
|
|
|
| |
20 |
• |
The exemption granted to Regional Rural Banks (RRBs) from ‘mark-to-market’ norms in respect of the SLR securities |
| |
|
|
extended for one more year, i.e., up to 2004-05. |
| |
|
|
|
| |
24 |
• |
The primary (urban) co-operative banks to exercise due caution with regard to valuation while sanctioning loans and |
| |
|
|
advances against mortgage of house property. |
| |
|
|
|
| |
26 |
• |
The off-site surveillance system for primary (urban) co-operative banks already in place for the scheduled UCBs |
| |
|
|
extended to all non-scheduled UCBs having deposit size of Rs.100 crore and above. |
| |
|
|
|
|
June |
11 |
• |
To give boost to the infrastructure lending, banks allowed to raise long term bonds with a minimum maturity of five |
| |
|
|
years. |
| |
|
|
|
| |
15 |
• |
The risk weight in respect of exposure by banks/FIs to public financial institutions (PFIs) raised to 100 per cent for |
| |
|
|
credit risk and 2.5 per cent for market risk, effective from April 1, 2005. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2004 |
|
|
III. FINANCIAL SECTOR MEASURES (Contd.) |
| |
|
|
|
|
June |
16 |
• |
The scope of definition of infrastructure lending by NBFCs widened to include the following projects/sectors: i) |
| |
|
|
construction relating to projects involving agro-processing and supply of inputs to agriculture; ii) construction for |
| |
|
|
preservation and storage of processed agro-products, perishable goods such as fruits, vegetables and flowers |
| |
|
|
including testing facilities for quality; and iii) construction of educational institutions and hospitals. |
| |
|
|
|
| |
17 |
• |
The extant limits on unsecured exposures by banks withdrawn, allowing banks to set their own limits for unsecured |
| |
|
|
exposures. Unsecured exposures were redefined and it was clarified that unsecured sub-standard assets would |
| |
|
|
attract 20 per cent provisioning. |
| |
|
|
|
| |
|
• |
The currency of the ad hoc Committees on Procedures and Performance Audit on Customer Services in Banks was |
| |
|
|
extended by six months and they were advised to complete the work within one year from the date of their constitution |
| |
|
|
and also to associate non-officials in the Committees. |
| |
|
|
|
| |
|
• |
The extant guidelines on country risk management extended to cover countries where a bank has net funded exposure |
| |
|
|
of one per cent or more of its assets with effect from the year ending March 31, 2005. |
| |
|
|
|
| |
18 |
• |
Banks to draw a roadmap for migration to Basel II norms by the end of 2004 and make a quarterly review of the |
| |
|
|
progress made. |
| |
|
|
|
| |
21 |
• |
Graded higher provisioning requirement according to the age of NPAs in ‘doubtful for more than three years’ category |
| |
|
|
introduced for SCBs, with effect from March 31, 2005. Similar guidelines issued to FIs on August 3, 2004 and to RRBs |
| |
|
|
on August 6, 2004. |
| |
|
|
|
| |
|
• |
It was clarified that the process of identifying wilful defaulters and the mechanism related to redressal of grievances |
| |
|
|
are two distinct processes. The borrower should be suitably advised before being classified as a wilful defaulter. |
| |
|
|
|
| |
|
• |
Boards of banks/Financial Institutions (FIs) to oversee furnishing of requisite information of all borrowers to CIBIL and |
| |
|
|
report compliance of the same to the Reserve Bank. The role of CIBIL in dissemination of credit information was |
| |
|
|
clarified. CIBIL to move towards a sufficiently diversified ownership structure with no single entity owning more than 10 |
| |
|
|
per cent of its paid-up capital. |
| |
|
|
|
| |
|
• |
Banks to fully adhere to the Know Your Customer (KYC) policy adopted by their Boards: i) for opening new accounts, ii) |
| |
|
|
for the existing accounts, where any wrong-doing is suspected or where the summation of the credit/debit transactions |
| |
|
|
is more than Rs.10 lakh, and iii) in respect of all accounts belonging to trusts, intermediaries or those operated through |
| |
|
|
a mandate or power of attorney. |
| |
|
|
|
| |
|
• |
The vigilance procedure in public sector banks modified. Only such vigilance cases in which an officer of the level of |
| |
|
|
Scale V and above is involved are required to be referred to the Central Vigilance Commission (CVC) for advice. |
| |
|
|
|
| |
|
• |
Boards of banks, under exceptional circumstances, allowed to raise single or group exposure limit by 5 per cent of |
| |
|
|
capital funds. |
| |
|
|
|
| |
22 |
• |
The investment pattern prescribed for RNBCs rationalised for imparting liquidity and safety to their investments for |
| |
|
|
enhancing depositors’ protection. These measures included: i) phasing out of discretionary investment by RNBCs, ii) |
| |
|
|
restriction of investments in financial institutions in only CD instruments of rating AA+ and above, iii) additional investment |
| |
|
|
of 15 per cent of the deposits in securities issued by the Central and State Governments, iv) investment in bonds and |
| |
|
|
debentures to be limited to listed securities of rating AA+ and above, v) restricting mutual fund investments to only debt |
| |
|
|
oriented schemes with a sub-limit of 2 per cent in any one fund, and vi) restricting exposure to a single SCB to one per |
| |
|
|
cent of aggregate deposit liabilities of the SCB and to a single specified FI to not more than one per cent of the |
| |
|
|
deposits of the RNBCs. |
| |
|
|
|
| |
24 |
• |
Banks to provide for capital charge for market risk in respect of trading book exposures (including derivatives), effective |
| |
|
|
March 31, 2005. Capital charge would be introduced for securities under ‘Available for Sale’ (AFS) category with effect |
| |
|
|
from March 31, 2006. |
| |
|
|
|
| |
|
• |
Prudential norms on income recognition, asset classification and provisioning with respect to agricultural advances |
| |
|
|
modified with a view to align the repayment dates with harvesting of crops. Effective September 30, 2004, a loan |
| |
|
|
granted for short duration crops to be treated as NPA if the instalment of the principal or interest thereon remains |
| |
|
|
unpaid for two crop seasons beyond the due date. A loan granted for long duration crops (with crop season longer than |
| |
|
|
one year) will be treated as NPA, if the instalment of principal or interest thereon remains unpaid for one crop season |
| |
|
|
beyond the due date. |
| |
|
|
|
| |
|
• |
All commercial banks advised to implement the measures, announced by the Union Finance Minister, for doubling flow |
| |
|
|
of credit to agriculture. |
|
Date of |
|
|
|
|
Announce- |
|
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2004 |
|
|
III. FINANCIAL SECTOR MEASURES (Contd.) |
| |
|
|
|
|
July |
6 |
• |
The types of instruments to be included in the prudential limit of bank’s aggregate investment in Tier II bonds |
| |
|
|
widened. |
| |
|
|
|
| |
7 |
• |
NBFCs advised that the issue of debit cards, stored value cards, smart cards, value added cards, etc. have a |
| |
|
|
characteristic akin to demand deposits as they are payable at the convenience of the card holders. The issue of such |
| |
|
|
cards is, therefore, violative of the extant NBFC directions. |
| |
|
|
|
|
13 |
• |
No application for inclusion in the Second Schedule of the Reserve Bank of India Act, 1934 to be considered for the |
| |
|
|
primary (urban) co-operative banks till a proper legislative framework is put in place. |
| |
|
|
|
|
20 |
• |
Banks debarred from prescribing any minimum annual turnover for issuance of Gold Card since the objective of the |
| |
|
|
scheme was to cover all credit worthy exporters, including the SME segment. |
| |
|
|
|
|
23 |
• |
Additional measures relating to wilful defaulters introduced. These included: prohibition on additional facilities, |
| |
|
|
debarment from institutional finance for floating new ventures for a period of five years, initiation of legal proceedings |
| |
|
|
and foreclosure and also criminal proceedings wherever necessary, adoption of a proactive approach for a change |
| |
|
|
of management of the wilfully defaulting borrower unit, incorporation of a covenant in the loan agreement barring |
| |
|
|
borrowing companies to induct a person who is a director on the Board of a company which has been identified as |
| |
|
|
a wilful defaulter. |
| |
|
|
|
|
24 |
• |
NBFCs having Certificate of Registration (CoR) in the non-public deposit taking category to meet the minimum net |
| |
|
|
owned funds (NOFs) requirement of Rs.2 crore for being eligible to apply to the Reserve Bank for accepting public |
| |
|
|
deposits. |
| |
|
|
|
|
26 |
• |
FIs to strictly adhere to the single/group borrower prudential exposure ceilings i.e., 15 per cent and 40 per cent, |
| |
|
|
respectively and the additional limits of 5 per cent and 10 per cent, respectively, for exposure to infrastructure. FIs |
| |
|
|
could, in exceptional circumstances, with the approval of their Boards, consider enhancement of the exposure to a |
| |
|
|
borrower up to a further 5 per cent of capital funds subject to the borrower consenting to the FIs making appropriate |
| |
|
|
disclosures in their Annual Reports. |
| |
|
|
|
| |
|
• |
On the application of the Reserve Bank under Sub-Section (1) of Section 45 of the Banking Regulation Act, 1949, |
| |
|
|
the Government of India made an Order of Moratorium in respect of the Global Trust Bank Ltd. under Sub-Section |
| |
|
|
(2) of the said Section for the period from the close of business on July 24, 2004 and inclusive of October 23, 2004. |
| |
|
|
The Government of India also issued directions to the said banking company under paragraph (2) thereof authorising |
| |
|
|
payment of certain liabilities and obligations. In order to effect an amalgamation of the Global Trust Bank Ltd. with |
| |
|
|
Oriental Bank of Commerce, the Reserve Bank, in exercise of the powers conferred on it by Sub-Section (4) of the |
| |
|
|
said Section, prepared a scheme and forwarded it, in draft, to each of the aforesaid banking companies for suggestions |
| |
|
|
and objections, if any, in terms of clause (a) of Sub-Section (6) of Section 45 ibid by August 7, 2004. |
| |
|
|
|
|
29 |
• |
Banks to insist on a declaration from the account holder, for opening of current accounts, stating that he/she is not |
| |
|
|
enjoying any credit facility with any other commercial bank or insist on a declaration giving particulars of credit |
| |
|
|
facilities enjoyed by him/her with any other commercial bank(s). Banks also to ascertain whether he/she is a member |
| |
|
|
of any other co-operative society/bank, if so, the full details thereof. |
| |
|
|
|
|
30 |
• |
Norms for inclusion of Self Help Groups (SHGs) for assistance under Prime Minister Rozgar Yojana (PMRY) modified. |
| |
|
|
|
|
Aug. |
3 |
• |
The monetary ceiling of the cases to be referred to the Lok Adalats, organised by Civil Courts, enhanced from Rs.5 |
| |
|
|
lakh to Rs.20 lakh. |
| |
|
|
|
| |
7 |
• |
For loans and advances (both secured and unsecured) sanctioned by the UCBs, the directors and relatives not |
| |
|
|
eligible to stand as surety/guarantor. |
| |
|
|
|
|
10 |
• |
NBFCs advised that whenever they intend to extend the date of their Balance Sheet as per provisions of the Companies |
| |
|
|
Act, they should take prior approval of the Reserve Bank before approaching the Registrar of Companies (ROC) for |
| |
|
|
this purpose. Even in the cases where permission is granted for extension of time, the company would be required |
| |
|
|
to furnish to the Reserve Bank a Proforma Balance Sheet (unaudited) as on March 31 of the year and the statutory |
| |
|
|
returns due on the above date. |
| |
|
|
|
|
17 |
• |
Banks to convert all their equity holdings into dematerialised form by the end of December 2004. |
| |
|
|
|
|
26 |
• |
Banks to ensure that the schedule of interest/instalment payable on advances on rural housing granted to agriculturists |
| |
|
|
under ‘Indira Awas Yojana’ and ‘Golden Jubilee Rural Housing Finance Scheme’ is linked to crop cycles. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2004 |
|
|
III. FINANCIAL SECTOR MEASURES (Contd.) |
| |
|
|
|
|
Aug. |
28 |
• |
Banks to initiate action at their level to get the Master Policy under Personal Accident Insurance Scheme (PAIS) for |
| |
|
|
KCC holders renewed for a period of one year, on the existing terms and conditions. |
| |
|
|
|
| |
30 |
• |
FIs permitted to make fresh investments in equity instruments and hold them in demat form with immediate effect. |
| |
|
|
All outstanding investments in equity in paper-based form to be converted into demat form by end December 2004. |
| |
|
|
|
|
Sept. |
1 |
• |
Banks to take remedial measures suggested by the Group on Frauds in the area of housing finance. |
| |
|
|
|
| |
2 |
• |
Banks permitted to exceed the 25 per cent limit under Held to Maturity (HTM) category provided that the excess |
| |
|
|
comprises only SLR securities and the total SLR securities held in the HTM category are not more than 25 per cent |
| |
|
|
of their NDTL. To enable the above, banks were allowed to shift SLR securities to the HTM category. However, no |
| |
|
|
fresh non-SLR securities are permitted to be included in the HTM category once more during the year 2004-05. |
| |
|
|
Similar guidelines were also issued to the UCBs. |
| |
|
|
|
| |
|
• |
‘Yes Bank Limited’ included in the Second Schedule to the Reserve Bank of India Act, 1934 with effect from August |
| |
|
|
21, 2004. |
| |
|
|
|
| |
4 |
• |
Some recommendations of Ganguly Working Group on Flow of Credit to SSI sector were accepted and advised to |
| |
|
|
banks for implementation. These include: identification of new clusters and adoption of cluster based approach for |
| |
|
|
financing SME sector, sponsoring specific projects as well as widely publicising the successful working models of |
| |
|
|
NGOs, sanctioning higher working capital limits to SSI in North East region for maintaining higher levels of inventory, |
| |
|
|
and exploring new instruments for promoting rural industry. |
| |
|
|
|
| |
27 |
• |
For advances identified as ‘doubtful for more than three years’, additional provisioning by the UCBs to be phased |
| |
|
|
over a five-year period commencing from the year ending March 31, 2005 instead of four years. |
| |
|
|
|
|
Oct. |
4 |
• |
Guidelines issued for implementing the revised Model KCC Scheme of NABARD to take care of the investment |
| |
|
|
credit as also working capital for agriculture and allied activities and a reasonable component for consumption |
| |
|
|
needs. |
| |
|
|
|
| |
5 |
• |
The minimum lock-in-period of three months from the date of acceptance of deposits for NBFCs and Miscellaneous |
| |
|
|
Non-Banking Companies (MNBCs) and twelve months for RNBCs within which they cannot repay a public deposit (in |
| |
|
|
case of NBFCs) or deposit (in case of RNBCs and MNBCs) or grant of any loan against such deposits was retained. |
| |
|
|
It was also decided to stratify the NBFCs, MNBCs and RNBCs for the purpose of permission to prepay the deposits |
| |
|
|
(after the lock-in period) into two categories, viz., ‘problem NBFCs, MNBCs, and RNBCs’ and ‘normally run companies’. |
| |
|
|
Accordingly, different set of norms were issued for the two groups with respect to the prepayment norms and the |
| |
|
|
interest rates to be paid on the deposits. |
| |
|
|
|
| |
7 |
• |
The Senior Citizens Savings Scheme (SCSS), 2004 being implemented through post offices also to be operated |
| |
|
|
through all the branches of public sector banks (PSBs) which are operating ‘PPF Scheme, 1968’. |
| |
|
|
|
| |
14 |
• |
Industrial Development Bank of India (IDBI) Ltd. included in the Second Schedule to the Reserve Bank of India Act, |
| |
|
|
1934 with effect from October 11, 2004. |
| |
|
|
|
| |
15 |
• |
Banks to implement a few more recommendations of the Vyas Committee. These included: financing development of |
| |
|
|
wasteland and fallow land, improving staffing in the rural areas to promote retail lending to agriculture, relying on |
| |
|
|
village functionaries for credit disbursal, using individual volunteers, farmers’ clubs or NGOs/SHGs as direct selling |
| |
|
|
agents, building synergy between good working primary agricultural credit societies and commercial banks, using |
| |
|
|
Information Technology (IT) in rural branches, working out appropriate incentive structure for prompt repayment, |
| |
|
|
making the rates of interest on small loans reasonable and improving the efficiency of credit delivery to small borrowers |
| |
|
|
and association with contract farming. |
| |
|
|
|
| |
|
• |
Guidelines relating to the process of issue of Subordinated Debt Instruments under Tier II and Tier III Capital issued. |
| |
|
|
|
| |
19 |
• |
The details of the levy of penalty on a bank to be put in the public domain in the interests of the investors and |
| |
|
|
depositors. The strictures or directions on the basis of inspection reports or other adverse findings also to be placed |
| |
|
|
in the public domain. |
| |
|
|
|
| |
20 |
• |
UCBs to follow similar practices as the illustrative best practices followed by well-managed banks in the urban |
| |
|
|
banking sector provided by the Reserve Bank as examples. UCBs, however, are free to put in place any other |
| |
|
|
practices, which would result in better customer service and business development. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2004 |
|
|
III. FINANCIAL SECTOR MEASURES (Contd.) |
| |
|
|
|
|
Oct. |
27 |
• |
RRBs permitted to undertake insurance business as corporate agent without risk participation subject to their fulfilling |
| |
|
|
certain terms and conditions related to net worth, gross NPAs, profitability, compliance with IRDA regulations, |
| |
|
|
prudential norms and directions of the Reserve Bank, etc. |
| |
|
|
|
|
Nov. |
1 |
• |
Banks to formulate a comprehensive and transparent policy covering i) immediate credit of local/outstation cheques, |
| |
|
|
ii) time frame for collection of local/outstation cheques and iii) interest payment for delayed collection. |
| |
|
|
|
| |
|
• |
The requirement of invocation of State Government guarantee for deciding the asset classification and provisioning of |
| |
|
|
State Government guaranteed exposure was withdrawn and they were subjected to the same norms as applicable to |
| |
|
|
exposures not guaranteed by the State Governments. Similar guidelines were issued to all primary (Urban) co-operative |
| |
|
|
banks. |
| |
|
|
|
| |
|
• |
With effect from March 31, 2005, in respect of FIs, an asset is to be classified as doubtful asset, if it remained in the |
| |
|
|
sub-standard category for 12 months. FIs permitted to phase out the consequent additional provisioning over a four- |
| |
|
|
year period, commencing from the year ending March 31, 2005, with a minimum of 20 per cent each year. |
| |
|
|
|
| |
6 |
• |
Banks/FIs to take immediate steps to ensure submission of periodical data to CIBIL and submit progress reports to |
| |
|
|
the Reserve Bank. |
| |
|
|
|
| |
13 |
• |
A quarterly reporting arrangement introduced for NBFCs not accepting/holding public deposits and having assets |
| |
|
|
size of Rs.500 crore and above as on March 31, 2004. |
| |
|
|
|
| |
18 |
• |
Scheduled or licensed State Co-operative Banks and licensed District Central Co-operative Banks (DCCBs) permitted |
| |
|
|
to undertake insurance business as corporate agent without risk participation subject to their fulfilling certain terms |
| |
|
|
and conditions. |
| |
|
|
|
| |
24 |
• |
Banks to restructure crop loans and agricultural term loans only in respect of the overdue instalments including |
| |
|
|
interest thereon as on March 31, 2004. The farmers whose loans have been restructured as above would be eligible |
| |
|
|
for fresh loans. The rescheduled/restructured loans as also the fresh loans to be issued to the farmers may be |
| |
|
|
treated as current due and need not be classified as NPA. |
| |
|
|
|
| |
29 |
• |
Comprehensive guidelines on ‘Know Your Customer’ norms and Anti-Money Laundering Measures issued. Banks |
| |
|
|
advised to frame their KYC policies incorporating the following four key elements: i) Customer Acceptance Policy; ii) |
| |
|
|
Customer Identification Procedures; iii) Monitoring of Transactions; and iv) Risk Management. Similar guidelines |
| |
|
|
issued to UCBs on December 15, 2004, to RRBs on February 18, 2005 and to NBFCs/MNBCs/RNBCs on February 21, |
| |
|
|
2005. |
| |
|
|
|
|
Dec. |
8 |
• |
The recommendations of the Ganguly Working Group with regard to evaluation of methods of utilisation of deposits |
| |
|
|
made by foreign banks with SIDBI for shortfall in their priority sector obligation accepted. Accordingly, the amount of |
| |
|
|
shortfall in priority sector obligation to be placed with SIDBI for a tenor of three years and the funds so placed to |
| |
|
|
have a graded interest rate structure. |
| |
|
|
|
| |
|
• |
The Service Area Approach (SAA) introduced in April 1989 was reviewed and it was decided to dispense with the |
| |
|
|
restrictive provisions of the scheme, while retaining the positive features such as credit planning and monitoring of |
| |
|
|
the credit purveyance. |
| |
|
|
|
| |
14 |
• |
UCBs permitted to grant housing loan up to Rs.15 lakh as against the existing limit of Rs.10 lakh. |
| |
|
|
|
| |
16 |
• |
Banks advised that the due diligence in respect of members of the Nomination Committee be carried out by the |
| |
|
|
Board itself. |
| |
|
|
|
| |
21 |
• |
Comprehensive guidelines issued to banks to play a proactive role in achieving the targets set under the Swarnjayanti |
| |
|
|
Gram Swarozgar Yojana (SGSY) scheme. |
| |
|
|
|
| |
23 |
• |
Risk weight on housing loans extended by SCBs increased from 50 per cent to 75 per cent and in the case of |
| |
|
|
consumer credit including personal loans and credit cards increased from 100 per cent to 125 per cent. Similar |
| |
|
|
guidelines issued to UCBs on January 5, 2005. |
| |
|
|
|
| |
30 |
• |
Banks to enhance the amount of consumption loan for general purposes to Rs.3,000 for people affected by Tsunami. |
| |
|
• |
Comprehensive guidelines issued to RNBCs to smoothen the process of their transition to compliance with the revised |
| |
|
|
Directions of the Reserve Bank. For compliance with the revised Directions issued on June 22, 2004, following |
| |
|
|
modifications were made. These included: reckoning as eligible securities the investments made in CDs of specified |
| |
|
|
FIs and bonds/debentures which are listed, even if rating of AA+ of these instruments at the time of investment has |
| |
|
|
been subsequently downgraded to Minimum Investment Grade Rating (MIGR); treating balances in current account |
| |
|
|
with scheduled commercial banks as eligible investments. |
|
Date of |
|
|
|
|
Announce- |
|
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2005 |
|
|
III. FINANCIAL SECTOR MEASURES (Contd.) |
| |
|
|
|
|
Jan. |
4 |
• |
Guidelines on receipt of foreign contributions by Associations/Organisation in India under Foreign Contribution |
| |
|
|
(Regulation) Act, 1976 for the Tsunami relief issued to Banks/UCBs. |
| |
|
|
|
|
18 |
• |
Banks to formulate suitable loan policies to finance second hand assets, both directly and through NBFCs. |
| |
|
• |
Banks advised to ensure acceptance of coins of all denominations without any restriction from the members of the |
| |
|
|
public by their branches. |
| |
|
|
|
|
20 |
• |
Guidelines issued to UCBs to delink the requirement of invocation of State Government Guarantee for asset |
| |
|
|
classification and provisioning. |
|
24 |
• |
Comprehensive guidelines issued allowing all primary (urban) co-operative banks to undertake insurance business |
| |
|
|
on a referral basis, subject to certain conditions. Similar guidelines were issued to all State co-operative banks and |
| |
|
|
District central co-operative banks on May 6, 2005 and to RRBs on May 12, 2005. |
|
Feb. |
2 |
• |
Guidelines on Merger/Amalgamation for UCBs issued with the following preconditions: i) net worth of the acquiree |
| |
|
|
bank is positive and the acquirer bank assures to protect entire deposits of all the depositors of the acquired bank; |
| |
|
|
ii) when the net worth of acquiree bank is negative, the acquirer bank on its own assures to protect deposits of all |
| |
|
|
the depositors of the acquired bank; and iii) when the net worth of the acquiree bank is negative and the acquirer |
| |
|
|
bank assures to protect the deposits of all the depositors with financial support from the State Government extended |
| |
|
|
upfront as part of the process of merger. |
| |
|
|
|
| |
7 |
• |
NBFCs accepting/holding public deposits advised to ensure that at all times there is full cover available for public |
| |
|
|
deposits accepted by them. |
|
11 |
• |
FIs to obtain from their Statutory Central Auditors, the certificate relating, inter alia, to their treasury operations; |
| |
|
|
reconciliation of their investments; compliance in key areas; income recognition, asset classification and provisioning |
| |
|
|
and authentication of their calculation on CRAR. |
|
15 |
• |
Detailed prudential guidelines issued to banks on capital adequacy for implementation of the New Capital Adequacy |
| |
|
|
framework under Basel II. In order to maintain consistency and harmony with international standards. Banks were advised |
| |
|
|
to adopt Standardised Approach for credit risk and Basic Indicator Approach for operational risk with effect from March 31, |
| |
|
|
2007. The Reserve Bank may consider allowing some banks to migrate to Internal Rating Based (IRB) approach after |
| |
|
|
developing adequate skills both in banks and at supervisory levels. Under the New Framework, banks adopting Standardised |
| |
|
|
Approach would use the ratings assigned only by those credit rating agencies which are identified by the Reserve Bank. |
| |
|
|
Banks were also required to focus on formalising and operationalising their Internal Capital Adequacy Assessment Process |
| |
|
|
which would serve as a useful benchmark while undertaking the parallel run with effect from April 1, 2006. |
| |
|
|
|
|
17 |
• |
The minimum networth for undertaking insurance business by scheduled or licensed state co-operative banks and |
| |
|
|
licensed DCCBs reduced from Rs.100 crore to Rs.50 crore. |
| |
|
|
|
|
26 |
• |
Guidelines issued to primary (urban) co-operative banks regarding reporting system on their investment portfolio. |
|
28 |
• |
Comprehensive guidelines issued on ownership and governance in private sector banks encompassing the minimum |
| |
|
|
capital requirement, diversified ownership, procedures for acquisition and transfer of shares, ‘fit and proper criteria’ |
| |
|
|
for the directors and important shareholders, etc. |
| |
|
• |
Roadmap for presence of foreign banks in India laid out in two phases. In the first phase (March 2005 to March 2009); i) |
| |
|
|
foreign banks wishing to establish presence in India for the first time could either choose to operate through branch |
| |
|
|
presence or set up a 100 per cent wholly owned subsidiary (WOS), following the one-mode presence criterion; ii) for new |
| |
|
|
and existing foreign banks, it was proposed to go beyond the existing WTO commitment of 12 branches in a year. Initially |
| |
|
|
entry of foreign banks would be permitted only in private sector banks that are identified by the Reserve Bank for restructuring, |
| |
|
|
wherein foreign banks would be allowed to acquire a controlling stake in a phased manner. In the second phase beginning |
| |
|
|
April 2009, the experience with Phase I would be reviewed and after due consultations with all stakeholders in the banking |
| |
|
|
sector issues concerning extension of national treatment to WOS, dilution of stake and permitting mergers and acquisitions |
| |
|
|
of any private sector banks in India by a foreign bank would be examined. |
| |
|
|
|
|
March |
1 |
• |
Master circular issued to SCBs (including RRBs/LABs) in regard to matters relating to lending to small scale |
| |
|
|
industries sector. |
| |
|
|
|
| |
|
• |
Guidelines issued to state co-operative banks and DCCBs in respect of additional provisioning requirement for NPAs. |
| |
|
|
|
| |
|
• |
Guidelines issued to UCBs regarding enhancement of transparency of their operations by having comprehensive |
| |
|
|
requirements for disclosure. |
| |
|
|
|
| |
3 |
• |
Effective March 31, 2005, SCBs to disclose a minimum framework on their risk exposure in derivatives. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2005 |
|
|
III. FINANCIAL SECTOR MEASURES (Contd.) |
| |
|
|
|
|
March |
11 |
• |
Parameters on pilot implementation of Cheque Truncation Image Standards issued to banks. |
| |
|
|
|
| |
28 |
• |
Detailed guidelines issued to UCBs regarding classification and valuation of investment portfolio for provisioning |
| |
|
|
requirements. |
| |
|
|
|
| |
30 |
• |
Prudential norms in respect of income recognition, assets classification, provisioning and other related matters for |
| |
|
|
the UCBs revised. |
| |
|
|
|
| |
|
• |
UCBs to exercise caution in outsourcing of their systems and ensure that risks in this regard are minimised. |
| |
|
|
|
| |
|
• |
Banks advised to implement some recommendations of the Vyas Committee. These included: constitution of local |
| |
|
|
advisory committees for all rural branches/group of branches, setting up of micro-finance cells at banks’ central offices, |
| |
|
|
and encouraging SHGs to use local book writers in association with concerned agencies promoting these SHGs for |
| |
|
|
maintaining the quality of books of accounts. |
| |
|
|
|
|
April |
7 |
• |
The lending and deposit rates of interest restructured in case of amounts disbursed on or before October 31, 2003 |
| |
|
|
out of RIDF IV to VII, effective April 16, 2005. |
| |
|
|
|
| |
11 |
• |
Detailed guidelines issued to banks on rural lending under Annual Credit Plans on the basis of Potential Linked |
| |
|
|
Plans (PLPs) prepared by NABARD. |
| |
|
|
|
| |
|
• |
Banks to pay compensation for delayed credit under ECS/EFT/SEFT suo moto. |
| |
|
|
|
| |
|
• |
Ceilings on donations/contributions for public/charitable purposes out of profits of UCBs announced. |
| |
|
|
|
| |
13 |
• |
The rate of interest to be charged on group loans under SGSY linked to per capita size of the loans. |
| |
|
|
|
| |
15 |
• |
Banks to put in place a Business Continuity Plan including a robust information risk management system within a |
| |
|
|
fixed time frame. |
| |
|
|
|
| |
|
• |
UCBs to reduce the prudential exposure limits on advances to 15 per cent and 40 per cent of the ‘Capital Funds’ in |
| |
|
|
case of single borrower and group of borrowers, respectively. The definitions of capital funds and exposure were |
| |
|
|
also modified for this purpose. UCBs to bring down the outstanding or the sanctioned exposure limit exceeding the |
| |
|
|
revised limit within a maximum period of 2 years, i.e., by March 31, 2007. |
| |
|
|
|
| |
16 |
• |
Banks to take necessary action to convert the existing ad hoc Committees on Procedures and Performance Audit of |
| |
|
|
Public Services (CPPAPS) into a Standing Committee on Customer Service. |
| |
|
|
|
| |
19 |
• |
Banks advised on the role of Customer Service Committee of the Board for monitoring the implementation of awards |
| |
|
|
under the Banking Ombudsman Scheme. |
| |
|
|
|
| |
26 |
• |
A minimum framework for disclosures by FIs on their risk exposures in derivatives laid out to provide a clear picture |
| |
|
|
of their exposure to risks in derivatives, risk management systems, objectives and policies. |
| |
|
|
|
| |
27 |
• |
Banks permitted to shift their rural branches within the block/service area without obtaining prior approval of the |
| |
|
|
Reserve Bank, subject to their complying with a few conditions. |
| |
|
|
|
| |
|
• |
Financial institutions not accepting public deposits but having asset size of Rs.500 crore and above would be subjected |
| |
|
|
to limited off-site supervision by the Reserve Bank. Therefore, with effect from the period ended March 31, 2005, the |
| |
|
|
existing system of off-site supervision would stand replaced by a simplified information system known as the ';Quarterly |
| |
|
|
Return on Important Financial Parameters in respect of Select Financial Institutions';. |
| |
|
|
|
| |
30 |
• |
Banks allowed to formulate schemes for providing services at the premises of a customer within the framework of |
| |
|
|
Section 23 of Banking Regulation Act, 1949 and submit to the Reserve Bank for approval. |
| |
|
|
|
| |
|
• |
Banks with capital of at least 9 per cent of the risk weighted assets for both credit risk and market risks for both |
| |
|
|
Held for Trading (HFT) and Available for Sale (AFS) categories may transfer the balance in excess of 5 per cent of |
| |
|
|
securities included under HFT and AFS categories, in the Investment Fluctuation Reserve (IFR) to Statutory Reserve, |
| |
|
|
which is eligible for inclusion in Tier I capital. |
| |
|
|
|
|
May |
4 |
• |
General permission granted to banks to declare dividends under fulfillment of a few conditions, including observance |
| |
|
|
of minimum CRAR and NPA ratio, subject to a ceiling of dividend payout ratio of 40 per cent. |
| |
|
|
|
| |
|
• |
Effective quarter ended June 2005, the time limit for filing the monthly and quarterly off-site returns changed to 15 |
| |
|
|
days and 21 days, respectively, from the close of the relevant period for all categories of banks. |
| |
|
|
|
| |
|
• |
UCBs to forward in the quarterly statement on ‘consolidated position of frauds outstanding’ a footnote detailing the |
| |
|
|
position of frauds outstanding in the housing loan segment, beginning from the quarter ended March 2005. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2005 |
|
|
III. FINANCIAL SECTOR MEASURES (Concld.) |
| |
|
|
|
|
May |
11 |
• |
Detailed guidelines for merger/amalgamation of private sector banks issued laying down the process of merger |
| |
|
|
proposal, determination of swap ratios, disclosures, the stages at which Boards will get involved in the merger |
| |
|
|
process and norms of buying/selling of shares by the promoters before and during the process of merger. |
| |
|
|
|
| |
13 |
• |
The Vision Document on Payment and Settlement Systems 2005-08 released. |
| |
|
|
|
| |
20 |
• |
Banks to initiate early action with regard to scheme for Small Enterprises Financial Centres (SEFCs) envisaged for |
| |
|
|
forming a strategic alliance between branches of banks and SIDBI located in the clusters for improving credit flow to |
| |
|
|
the SSIs sector. |
| |
|
|
|
| |
26 |
• |
SCBs advised to put in all efforts to achieve the credit mobilisation targets under SGSY during the year 2005-06 |
| |
|
|
including the minimum subsidy credit ratio fixed and maintain per family investment of Rs.25,000. |
| |
|
|
|
|
June |
7 |
• |
Banks allowed to extend financial assistance to Indian companies for acquisition of equity in overseas joint ventures/ |
| |
|
|
wholly owned subsidiaries or in other overseas companies, new or existing, as strategic investment in terms of a Board |
| |
|
|
approved policy, duly incorporated in the loan policy of the bank. |
| |
|
|
|
| |
9 |
• |
Instructions issued to banks, in supersession of all earlier instructions on settlement of claims in respect of deceased |
| |
|
|
depositors, covering aspects relating to i) access to balance in deposit accounts, ii) premature termination of term |
| |
|
|
deposit accounts, iii) treatment of flows in the name of the deceased depositor, iv) access to the safe-deposit lockers/ |
| |
|
|
safe custody articles, and v) time limit for settlement of claims. |
| |
|
|
|
| |
|
• |
Banks (both in private and public sector) need not obtain approval of the Reserve Bank for permitting any of their |
| |
|
|
whole-time officers or employees (other than Chairmen/CEOs) to become director or a part-time employee of any |
| |
|
|
other company. |
| |
|
|
|
| |
14 |
• |
Processing charges waived for all electronic products for transactions under EFT, SEFT and ECS facility involving |
| |
|
|
Rs.2 crore and above with effect from June 14, 2005 up to the period ending March 31, 2006. This is in addition to |
| |
|
|
the existing waiver on transactions involving less than Rs.2 crore. |
| |
|
|
|
| |
20 |
• |
Banks advised that while furnishing data/information to the Government or other investigating agencies they should |
| |
|
|
satisfy themselves that the information is not of such a nature which will violate the provisions of the laws relating to |
| |
|
|
secrecy in banking transactions. |
| |
|
|
|
| |
24 |
• |
For the purpose of Section 20 of the Banking Regulation Act, 1949, the term '; loans and advances'; shall not include |
| |
|
|
line of credit/overdraft facility extended by settlement bankers to National Securities Clearing Corporation Ltd. (NSCCL) |
| |
|
|
to facilitate smooth settlement. |
| |
|
|
|
| |
29 |
• |
Banks to have a Board mandated policy in respect of their real estate exposure covering exposure limits, collaterals |
| |
|
|
to be considered, margins to be kept, sanctioning authority/level and sector to be financed. Banks to also report their |
| |
|
|
real estate exposure under certain heads and disclose their gross exposure to real estate sector as well as the |
| |
|
|
details of the break-up in their Annual Report. |
| |
|
|
|
|
July |
4 |
• |
UCBs having a single branch/HO with deposits up to Rs.100 crore and those having multiple branches within a |
| |
|
|
single district with deposits up to Rs.100 crore permitted to classify loan NPAs based on 180 days delinquency norm |
| |
|
|
instead of the extant 90 days norm till March 31, 2007. |
| |
|
|
|
| |
13 |
• |
Banks to furnish information on pricing of services for products based on RTGS/SEFT/EFT/ECS infrastructure. |
| |
|
|
|
| |
|
• |
Guidelines on sale/purchase of NPAs, including valuation and pricing aspects, and prudential and disclosure norms |
| |
|
|
issued. |
| |
|
|
|
| |
|
• |
The norms relating to classification and valuation of investment portfolio of State and District central co-operative |
| |
|
|
banks modified allowing them to amortize their additional provisioning requirement. |
| |
|
|
|
| |
20 |
• |
Prior approval of the Reserve Bank not required for offering Internet Banking services, subject to fulfillment of |
| |
|
|
certain conditions. |
| |
|
|
|
| |
23 |
• |
The authority to grant permission to companies listed on a recognised stock exchange to hedge the price risk in |
| |
|
|
respect of any commodity (except gold, silver, petroleum and petroleum products) in the international commodity |
| |
|
|
exchanges/markets delegated to select commercial banks. |
| |
|
|
|
| |
26 |
• |
The risk weight for credit risk on capital market exposures and commercial real estate exposures increased from 100 |
| |
|
|
per cent to 125 per cent. |
| |
|
|
|
| |
29 |
• |
Guidelines issued for relief measures by banks in areas affected by unprecedented rains and floods in Maharashtra. |
| |
|
|
Accordingly, banks were advised to consider granting consumption loans to the affected persons up to Rs.5,000 |
| |
|
|
without any collateral and Rs.10,000 at the discretion of the branch manager, depending on the repaying capacity of |
| |
|
|
the borrower. |
|
Date of |
|
|
|
|
Announce- |
|
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
| |
|
|
IV. CAPITAL MARKET POLICIES |
| |
|
|
|
| |
|
|
(i) Securities and Exchange Board of India (SEBI) |
| |
|
|
|
|
2004 |
|
|
|
|
April |
1 |
• |
With a view to make the trading system efficient and less time consuming, Straight Through Processing (STP) made |
| |
|
|
compulsory for all institutional trades. |
| |
|
|
|
| |
2 |
• |
In order to identify the trades through multiple members of the stock exchanges and for the purpose of better risk |
| |
|
|
management, FIIs/sub-accounts advised to inform the unique client code to the member broker while trading in the |
| |
|
|
Indian securities market. |
| |
|
|
|
| |
21 |
• |
Guidelines issued to facilitate smooth completion of settlement process and help members of the stock exchanges to |
| |
|
|
meet their obligations in a timely manner in cases where holidays of banks and stock exchanges are not common. |
| |
|
|
|
| |
30 |
• |
All listed companies which decide to change their names advised to comply with the following conditions: i) at least |
| |
|
|
one year should have elapsed from the last name change, ii) at least 50 per cent of its total revenue in the preceding |
| |
|
|
one year period should have been accounted for by the new activity suggested by the new name, and iii) the new name |
| |
|
|
along with the old name should be disclosed through the websites of the respective stock exchanges where the company |
| |
|
|
is listed and also through the EDIFAR website for a continuous period of one year, from the date of the last name |
| |
|
|
change. |
| |
|
|
|
|
May |
28 |
• |
SEBI announced amendments to the SEBI Disclosure and Investor Protection (DIP) Guidelines, 2000 with respect |
| |
|
|
to the following: splitting of shares before IPO, terms of the issue, post issue obligations, public issues of bonds by |
| |
|
|
designated financial institutions under a shelf prospectus, definition of employees, reservation for shareholders and |
| |
|
|
availability of Green Shoe Option (GSO) facility. |
| |
|
|
|
|
July |
16 |
• |
SEBI modified the risk containment measures, position limits and the broad eligibility criteria of stocks and indices |
| |
|
|
on which futures and options could be introduced. The FII position limit in all index derivative contracts (futures or |
| |
|
|
options) on a particular underlying index would be Rs.250 crore or 15 per cent of the total open interest of the |
| |
|
|
market per exchange, whichever was higher, in that index derivative. |
| |
|
|
|
| |
|
• |
All specified intermediaries and their related persons required to quote the Unique Identification Number (UIN) |
| |
|
|
obtained under the Central Database of Market Participants in lieu of the Unique Client Code for all secondary |
| |
|
|
market transactions with effect from August 2, 2004. |
| |
|
|
|
|
Aug. |
23 |
• |
As per the provisions in the Union Budget and the Finance Bill for 2004-05, SEBI instructed the stock exchanges to |
| |
|
|
levy, collect and remit the securities transaction tax (STT) on all transactions from the date of notification by the |
| |
|
|
Government of India. |
| |
|
|
|
| |
24 |
• |
SEBI instructed the members to transfer the funds and securities from their respective pool account to the respective |
| |
|
|
beneficiary account of their clients within a working day after the payout day. |
| |
|
|
|
| |
26 |
• |
In order to bring about uniformity in documentary requirements across different segments and exchanges and also |
| |
|
|
to avoid duplication and multiplicity of documents, SEBI in consultation with stock exchanges formulated uniform set |
| |
|
|
of documents with respect to client registration form, member client agreements, model tripartite agreement between |
| |
|
|
broker, sub-broker and clients and uniform risk disclosure documents. Broker sub-broker agreement to be submitted |
| |
|
|
by the market participants periodically. |
| |
|
|
|
|
Oct. |
27 |
• |
On the basis of SEBI (Central Database of Market Participants) Regulation, 2003, SEBI clarified ‘specified investors’ |
| |
|
|
as those who are required to obtain a UIN before March 31, 2005. All resident investors not being bodies corporates, |
| |
|
|
who enter into any securities market transactions (primary or secondary) of value of one lakh rupees or more, as |
| |
|
|
‘specified investors’, required to obtain a UIN before March 31, 2005. Foreign institutional investors, sub-accounts and |
| |
|
|
foreign venture capital investors as ‘specified investors’ also required to obtain a UIN before March 31, 2005. |
| |
|
|
|
| |
28 |
• |
SEBI reviewed and consolidated the Investors Protection Fund (IPF)/Customer Protection Fund (CPF) Guidelines |
| |
|
|
and prescribed comprehensive guidelines with respect to constitution and management of the IPF/CPF, contribution |
| |
|
|
to IPF/CPF, manner of filing/inviting claims from investors, eligible claims, determination of legitimate claims and |
| |
|
|
disbursements of claims from the IPF/CPF. |
| |
|
|
|
| |
29 |
• |
All stock exchanges directed to amend the existing Clause 49 of the listing agreement in areas pertaining to |
| |
|
|
composition of board of directors, audit committee, subsidiary companies, disclosures, CEO/CFO certification, report |
| |
|
|
on corporate governance, and compliance. SEBI clarified that the provisions would be implemented for entities |
| |
|
|
seeking listing for the first time, at the time of seeking in-principle approval for such listing and for existing listed |
| |
|
|
entities having a paid-up share capital of Rs.3 crore and above or net worth of Rs.25 crore or more at any time in the |
| |
|
|
history of the company, by April 1, 2005. |
|
Date of |
|
|
|
|
Announce- |
|
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2004 |
|
|
IV. CAPITAL MARKET POLICIES (Contd.) |
| |
|
|
|
|
Nov. |
2 |
• |
In view of the Government of India raising the cumulative debt investment limit for the FIIs/sub-accounts from |
| |
|
|
US $ 1 billion to US $ 1.75 billion, SEBI clarified that the overall investment limit under the 70:30 route in dated |
| |
|
|
Government securities and treasury bills would be increased from US $ 100 million to US $ 200 million. |
| |
|
|
|
| |
|
• |
SEBI finalised the model listing agreement for debt securities. Part one of the agreement contains clauses which |
| |
|
|
should be complied with by all issuers irrespective of the mode of issuance. Part two contains clauses which should |
| |
|
|
be complied with only if debentures are issued either through public or rights issue. Part three contains clauses |
| |
|
|
which are required to be complied with only if debentures are issued on private placement basis. All the stock |
| |
|
|
exchanges instructed to henceforth list all debt securities through an agreement as given in the model listing |
| |
|
|
agreement. |
| |
|
|
|
|
Dec. |
2 |
• |
SEBI clarified that a cumulative sub-ceiling of US $ 500 million outstanding would be fixed for FII investments in |
| |
|
|
corporate debt, over and above the ceiling of US $ 1.75 billion for Government debt. |
| |
|
|
|
| |
8 |
• |
SEBI amended the Clause 16 of the Listing Agreement and instructed that the company on whose stocks, derivatives |
| |
|
|
are available or whose stocks form part of an index on which derivatives are available, should give a notice period of |
| |
|
|
30 days to stock exchanges for corporate actions like mergers, de-mergers, splits and bonus shares. |
| |
|
|
|
|
2005 |
|
|
|
| |
|
|
|
|
Jan. |
28 |
• |
Based on the recommendations of the Secondary Market Advisory Committee (SMAC), SEBI rationalised the charge |
| |
|
|
structure for dematerialisation by exempting investors from paying any charge towards opening of beneficiary owner |
| |
|
|
(BO) account except for statutory charges and for credit of securities into his/her BO account. |
| |
|
|
|
|
Feb. |
23 |
• |
SEBI released the comprehensive risk management framework for the cash segment of the market which contains |
| |
|
|
the definition of acceptable liquid assets and the applicable haircuts, liquidity categorisation of security, calculation |
| |
|
|
of mark-to-market losses and computation and collection of VaR margin and other margins. |
| |
|
|
|
|
Mar. |
4 |
• |
SEBI modified the margin trading and securities lending and borrowing scheme with respect to the securities eligible |
| |
|
|
for margin trading facility, margin requirements, no-objection certificate and procedures of securities lending and |
| |
|
|
borrowing. |
| |
|
|
|
| |
29 |
• |
SEBI extended the deadline for ensuring conformity by companies with the revised Clause 49 of the listing agreement |
| |
|
|
up to December 31, 2005. |
| |
|
|
|
| |
|
• |
SEBI amended the SEBI (DIP) Guidelines, 2000 for enhancing the allocation category for retail investors, redefining |
| |
|
|
the retail investors in value terms, reducing the bidding period, timing of disclosure of price band/floor price in case |
| |
|
|
of listed companies and data reporting at the website of stock exchanges. |
| |
|
|
|
|
July |
1 |
• |
SEBI suspended all fresh registrations for obtaining UIN and the requirement to obtain/quote UIN under the Central |
| |
|
|
Database of Market Participants Regulations/Circulars. |
| |
|
|
|
| |
|
|
|
| |
|
(ii) Government of India |
|
2004 |
|
|
|
| |
|
|
|
|
July |
8 |
• |
The Union Budget, 2004-05 proposed the following measures: i) raising of the investment ceiling for Flls in debt |
| |
|
|
funds from US $ 1 billion to US $ 1.75 billion, ii) 0.15 per cent Securities Transaction Tax (STT) on all transactions |
| |
|
|
made on the stock exchanges, iii) abolition of the tax on long-term capital gains from securities transactions, iv) |
| |
|
|
reduction in the short-term capital gains tax to a flat rate of 10 per cent from the existing 30 per cent (excluding |
| |
|
|
surcharge), v) a tax of 12.5 per cent on the income distributed to individual unit holders and 20 per cent in case of |
| |
|
|
corporate unit holders by debt-oriented mutual funds, and vi) abolition of the bonus stripping and dividend stripping |
| |
|
|
in units of MFs. |
| |
|
|
|
| |
21 |
• |
The budget proposal relating to the STT modified. It was clarified that the STT of 0.15 per cent would be applicable |
| |
|
|
only to the delivery-based transactions and would be shared equally between the buyers and the sellers. The tax for |
| |
|
|
non-delivery transactions by day traders and arbitragers was proposed to be reduced from 0.15 per cent to 0.015 |
| |
|
|
per cent and 0.01 per cent, respectively, on derivates transactions. The debt market was fully exempted from the |
| |
|
|
STT. Debt-oriented mutual funds were also exempted from STT and would pay 10 per cent tax on long-term capital |
| |
|
|
gains and 30 per cent tax on short-term capital gains. Equity-oriented mutual funds were exempted from tax on long- |
| |
|
|
term capital gains and the tax on short-term capital gains was reduced to 10 per cent. Buyers of units of MFs would |
| |
|
|
pay a STT of 0.15 per cent. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2005 |
|
|
IV. CAPITAL MARKET POLICIES (Concld.) |
| |
|
|
|
|
Feb. |
28 |
• |
The Union Budget, 2005-06 proposed the following measures: i) authorising the SEBI to set up a National Institute |
| |
|
|
of Securities Markets (NISM) for teaching and training intermediaries in the securities markets and promoting research, |
| |
|
|
ii) permitting FIIs to submit appropriate collateral, in cash or otherwise, as prescribed by the SEBI, when trading in |
| |
|
|
derivatives on the domestic market, iii) amending the definition of ‘securities’ under the Securities Contracts |
| |
|
|
(Regulation) Act, 1956 so as to provide a legal framework for trading of securitised debt including mortgage-backed |
| |
|
|
debt, iv) appointing a high level Expert Committee on corporate bonds and securitisation to look into the legal, |
| |
|
|
regulatory, tax and market design issues in the development of the corporate bond market, v) taking measures to |
| |
|
|
provide legal validity to Over the Counter (OTC) derivatives contracts, vi) exempting one-time stamp duty on the |
| |
|
|
notional transfer of assets of the three stock exchanges which are not yet corporatised, vii) rationalising the stamp |
| |
|
|
duty to create a level playing field for banks and non-bank entities to issue commercial paper, viii) appointing a high |
| |
|
|
powered Expert Committee in consultation with the Reserve Bank to advise the Government on making Mumbai a |
| |
|
|
regional financial centre, and ix) SEBI to permit mutual funds to introduce Gold Exchange Traded Funds (GETFs) |
| |
|
|
with gold as the underlying asset in consultation with the Reserve Bank. |
| |
|
|
|
| |
|
|
|
| |
|
(iii) Reserve Bank of India |
| |
|
|
|
|
2004 |
|
|
|
| |
|
|
|
|
May |
18 |
• |
In line with the recommendations made by the Task Force constituted for monitoring developments in the financial |
| |
|
|
markets, the Reserve Bank decided to restore, with immediate effect, the status quo ante on margins that banks |
| |
|
|
have to maintain for financing against shares/IPOs/issue of guarantees. Accordingly, the margins would be 40 per |
| |
|
|
cent as against the earlier 50 per cent. The minimum cash margin of 25 per cent (within the margin of 50 per cent) |
| |
|
|
was reduced to 20 per cent. |
| |
|
|
|
|
Dec. |
27 |
• |
Margin on all advances against shares/financing of IPOs/issue of guarantees increased from the existing 40 per |
| |
|
|
cent to 50 per cent and the minimum cash margin from 20 per cent to 25 per cent with immediate effect. |
| |
|
|
|
|
2005 |
|
|
|
| |
|
|
|
|
June |
25 |
• |
Banks going for rights issues henceforth to make complete disclosure of the regulatory requirements in their offer |
| |
|
|
documents. |
| |
|
|
|
| |
|
|
|
| |
|
|
V. EXTERNAL SECTOR POLICIES |
| |
|
|
|
| |
|
a) Trade Policy |
|
2004 |
|
|
|
|
May |
17 |
• |
Additional Standard Input Output Norms (SION) for 20 new export items and amendments/corrections/deletions in |
| |
|
|
the norms for 20 existing export items notified by the Directorate General of Foreign Trade (DGFT). Out of the 20 |
| |
|
|
new norms, 16 norms related to the chemicals and allied products and one each related to engineering products, |
| |
|
|
plastic products, textile products and miscellaneous products. |
| |
|
|
|
| |
27 |
• |
The Reserve Bank announced the Gold Card Scheme for exporters. |
| |
|
|
|
|
Aug. |
31 |
• |
A comprehensive Foreign Trade Policy 2004-09 (FTP 2004) announced by the Government of India aimed at doubling |
| |
|
|
India’s share in global merchandise trade by 2009 and to make exports an effective instrument of economic growth |
| |
|
|
and employment generation. The key strategies adopted in the policy to enhance exports include unshackling of |
| |
|
|
controls, simplification of procedures, reduction in transaction cost; neutralisation of incidence of all levies and |
| |
|
|
duties on inputs used for export; facilitating development of India as a global hub for manufacturing, trading and |
| |
|
|
services; and identifying and nurturing special focus areas like agriculture, handlooms, handicraft, gems and jewellery, |
| |
|
|
leather and footwear. In addition, export promotion schemes like ‘Vishesh Krishi Upaj Yojna’ and ‘Served from India’ |
| |
|
|
scheme were also announced to accelerate the growth of agriculture and services exports. New schemes named |
| |
|
|
‘Target Plus’ and ‘Free Trade Warehousing Zone’ (FTWZ) were announced to improve the export-related infrastructure |
| |
|
|
and thereby exports. Various schemes were modified to suit the changing export climate. FTP 2004 also mooted to |
| |
|
|
revamp and revitalise the Board of Trade to advise the Government on policy measures for preparation and |
| |
|
|
implementation of short-term and long-term plans for increasing exports. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2004 |
|
|
V. EXTERNAL SECTOR POLICIES (Contd.) |
| |
|
|
|
|
Oct. |
15 |
• |
Free on Board (FOB) value of exports of an Export Oriented Unit (EOU)/ Electronic Hardware Technology Park |
| |
|
|
(EHTP)/ Software Technology Park (STP)/ Bio-Technology Park (BTP) units could be clubbed with FOB value of |
| |
|
|
exports of its parent company in the Domestic Tariff Area (DTA) or vice versa for the purpose of according Star |
| |
|
|
Export House Status. |
| |
|
|
|
| |
|
• |
Clearance of capital goods including second hand capital goods in DTA would be allowed as per the policy under |
| |
|
|
the EPCG Scheme. In other cases, clearance in DTA may be allowed on payment of applicable duty and import |
| |
|
|
policy in force on the date of such clearance. |
| |
|
|
|
|
Nov. |
25 |
• |
The DGFT notified additional SION for 60 new export items and amendments/corrections/deletions in the SION |
| |
|
|
for 42 existing export items. Out of the 60 new norms, 48 norms related to the chemicals and allied products and |
| |
|
|
12 related to engineering products. |
| |
|
|
|
|
Dec. |
16 |
• |
The DGFT notified additional SION for 28 new export items and amendments/corrections/deletions in the norms |
| |
|
|
for 23 existing export items. Out of the 28 new norms, 20 norms related to the chemicals and allied products, 6 |
| |
|
|
norms related to textile products and 2 norms related to miscellaneous products. |
| |
|
|
|
|
2005 |
|
|
|
|
Jan. |
4 |
• |
The Government of India notified various export items eligible for duty credit scrip equivalent to 5 per cent of FOB |
| |
|
|
value of exports under ‘Vishesh Krishi Upaj Yojana’. The export items eligible for these benefits include plants, |
| |
|
|
bulbs, roots, cut flowers, edible vegetables, edible fruits and nuts, spices and minor forest product. |
| |
|
|
|
| |
13 |
• |
The DGFT notified additional SION for 12 new export items and amendments/corrections/deletions in the SION |
| |
|
|
for 16 existing export items. Out of the 12 new norms, 6 norms related to the chemicals and allied products, 3 |
| |
|
|
related to the engineering products, 2 related to the plastic products and 1 norm related to the textile products. |
| |
|
|
|
| |
18 |
• |
All supplies made to Special Economic Zones (SEZs) to be treated as physical exports with effect from September |
| |
|
|
1, 2004 and entitled for benefits of Duty-Free Replenishment Certificate (DFRC) under the foreign trade policy. |
| |
|
|
|
| |
24 |
• |
A fast track clearance procedure for EOUs having status holder certificate under the foreign trade policy announced |
| |
|
|
to facilitate the functioning of performing EOUs by lowering the transaction cost. |
| |
|
|
|
|
Feb. |
16 |
• |
The DGFT notified additional SION for 27 new export items and amendments/corrections/deletions in the norms |
| |
|
|
for 35 existing export items. Out of the 27 new norms, 22 norms related to the chemicals and allied products, 4 |
| |
|
|
related to the engineering products and 1 related to the food products. |
| |
|
|
|
| |
28 |
• |
The Union Budget for 2005-06 announced various trade measures relating to diversification of agricultural |
| |
|
|
commodities, rejuvenation of the plantation sector, programme to strengthen manufacturing competitiveness and |
| |
|
|
nurturing the textile sector to prepare it for the post-MFA regime. Towards the objective of bringing India’s custom |
| |
|
|
duty structure closer to the East Asian level, the peak rate of custom duty for non-agricultural products reduced |
| |
|
|
from 20 per cent to 15 per cent. |
| |
|
|
|
|
April |
8 |
• |
Annual Supplement to FTP 2004 announced with focus on making manufacturing sector more competitive through |
| |
|
|
concrete measures so as to help Indian companies become globally competitive and simultaneously give Indian |
| |
|
|
consumers world-class products and services. The policy renewal provides packages for several sectors including |
| |
|
|
agriculture, marine products, export oriented units and service sectors; contains major procedural simplification |
| |
|
|
initiatives to reduce transaction costs; setting up of an Inter State Trade Council to engage State Governments |
| |
|
|
more actively in export effort; and proposals to abolish cess on export of all agricultural and plantation commodities |
| |
|
|
levied under the various Commodity Board Act. In a further boost to agri-exports, benefits under the ‘Vishesh |
| |
|
|
Krishi Upaj Yojana’ proposed to be extended to poultry and dairy products in addition to export of flowers, fruits, |
| |
|
|
vegetables, minor forest produce and their value added products. |
| |
|
|
|
| |
28 |
• |
The DGFT notified additional SION for 27 new export items of which 25 norms related to the chemicals and allied |
| |
|
|
products and one each related to engineering products and plastic products. |
| |
|
|
|
|
May |
10 |
• |
SEZ units obtaining gold/silver/platinum from the nominated agencies on loan basis required to export that jewellery |
| |
|
|
within 90 days from the date of release, except outright purchase. |
| |
|
|
|
| |
13 |
• |
Units, other than gems and jewellery, allowed to sell goods up to 50 per cent of FOB value of exports subject to |
| |
|
|
fulfillment of positive net foreign exchange earnings (NFE) on payment of concessional duties. |
| |
|
|
|
| |
|
• |
EOU/EHTP/STP/BTP units allowed to sell finished products except pepper and pepper products, which are freely |
| |
|
|
importable under the policy in the DTA under intimation to the Development Commissioner against payment of full |
| |
|
|
duties, provided they have achieved the positive NFE. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
| |
|
|
V. EXTERNAL SECTOR POLICIES (Contd.) |
| |
|
|
|
| |
|
b) Foreign Exchange Market |
| |
|
|
|
|
2004 |
|
|
|
| |
|
|
|
|
April |
17 |
• |
Authorised Dealers (ADs) allowed to approve trade credits for imports into India up to US $ 20 million per import |
| |
|
|
transaction for import of all items (permissible under the EXIM Policy) with a maturity period (from the date of |
| |
|
|
shipment) up to one year. ADs also allowed to approve trade credits up to US $ 20 million per import transaction with |
| |
|
|
a maturity period of more than one year and less than three years only for import of capital goods. No roll-over/ |
| |
|
|
extension would be permitted by the AD beyond the permissible period. |
| |
|
|
|
| |
|
• |
ADs permitted to allow remittance of net salary (after deductions of taxes, contribution to provident fund and other |
| |
|
|
deductions) of a citizen of India, who is on deputation to the office or branch or subsidiary or joint venture in India of |
| |
|
|
such overseas company, for the maintenance of close relatives residing abroad. |
| |
|
|
|
| |
22 |
• |
It was clarified to banks that non-resident ordinary accounts may be held by non-residents jointly with residents. |
| |
|
|
|
| |
24 |
• |
It was clarified that deposits by NRIs with persons other than ADs/Authorised Banks out of inward remittances from |
| |
|
|
overseas or by debit to NRE/FCNR(B) accounts would not be permitted. However, deposits by NRIs by debit to NRO |
| |
|
|
Accounts may continue hitherto provided that the amount deposited with such entities does not represent inward |
| |
|
|
remittances or transfer from NRE/FCNR(B) accounts into the NRO account. |
| |
|
|
|
|
May |
3 |
• |
ADs permitted to allow remittances for acquisition of shares under Employees’ Stock Option Plan (ESOP) dispensing |
| |
|
|
with the condition that the shares should be offered at a concessional price. Sale of the shares so acquired was also |
| |
|
|
permitted, without prior permission of the Reserve Bank, provided the proceeds thereof are repatriated to India. |
| |
|
|
|
| |
25 |
• |
Close relatives (as defined under section 6 of the Companies Act, 1956) of the borrower in India permitted to repay |
| |
|
|
the installment of housing loans, interest and other charges, if any, through their bank accounts directly to the |
| |
|
|
borrower’s loan account with the authorised dealer/housing finance institution. |
| |
|
|
|
|
June |
7 |
• |
Exporters permitted to grant trade related loans/advances from their EEFC account to their overseas importer |
| |
|
|
customers without any ceiling, subject to submission of a guarantee of a bank of international repute situated outside |
| |
|
|
India by the overseas borrowers in favour of the lender where the amount of loan advanced exceeds US $ 1,00,000 |
| |
|
|
(earlier limit of US $ 25,000). |
| |
|
|
|
|
July |
9 |
• |
ADs advised that they can open Letters of Credit (LCs) and allow remittance on behalf of EOUs, units in SEZs in the |
| |
|
|
gems and jewellery sector in addition to nominated agencies for direct import of gold, subject, inter alia, to the |
| |
|
|
conditions that i) the import of gold should be strictly in accordance with the EXIM policy, ii) Suppliers’ and Buyers’ |
| |
|
|
Credit, including usance period of LCs opened for direct import of goods, should not exceed 90 days, and iii) |
| |
|
|
bankers’ prudence should be strictly exercised for all such transactions, while also meeting reporting requirements |
| |
|
|
stipulated by the Reserve Bank. |
| |
|
|
|
| |
20 |
• |
Resident individual beneficiaries were permitted to credit to their Resident Foreign Currency (RFC) Account or RFC |
| |
|
|
(Domestic) Account, as the case may be, the foreign exchange received by them by way of the proceeds of life |
| |
|
|
insurance policy claims/maturity/surrender values settled in foreign currency from an insurance company in India |
| |
|
|
permitted to undertake life insurance business by the IRDA. |
| |
|
|
|
|
Sept. |
13 |
• |
Restriction imposed on investment in Indian companies by Sri Lankan citizens was lifted and they would henceforth |
| |
|
|
be eligible to purchase shares or convertible debentures of an Indian company under foreign direct investment |
| |
|
|
scheme subject to specified terms and conditions. |
| |
|
|
|
|
Oct. |
1 |
• |
Listed Indian companies may allot shares to their employees who are citizens of Bangladesh and Sri Lanka under |
| |
|
|
ESOP. |
| |
|
|
|
| |
|
• |
The issue of ADR/GDR linked stock option by a listed company in the knowledge-based sectors would be governed |
| |
|
|
by SEBI (Employees Stock Option and Stock Purchase Scheme) Guidelines, 1999, while the issue of ADR/GDR |
| |
|
|
linked stock option to its employees by an unlisted company would continue to be governed by the guidelines |
| |
|
|
issued by the Government of India. Accordingly, ADs were allowed to make remittances up to US $ 50,000 or its |
| |
|
|
equivalent in a block of five calendar years, which is the current limit per eligible employee, without prior approval of |
| |
|
|
the Reserve Bank, for purchase of foreign securities under the ADR/GDR linked ESOP, after satisfying that the |
| |
|
|
issuing company has followed the relevant guidelines of SEBI/Government of India. |
|
Date of |
|
|
|
|
Announce- |
|
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2004 |
|
|
V. EXTERNAL SECTOR POLICIES (Contd.) |
| |
|
|
|
|
Oct. |
1 |
• |
General permission granted for conversion of external commercial borrowings (ECBs) into equity subject to the |
| |
|
|
following conditions: i) the activity of the company is covered under the automatic route for FDI or they had obtained |
| |
|
|
Government approval for foreign equity in the company; ii) the foreign equity after such conversion of debt into |
| |
|
|
equity is within the sectoral cap, if any; iii) pricing of shares is as per SEBI and erstwhile CCI guidelines/regulations |
| |
|
|
in the case of listed/unlisted companies as the case may be; and iv) compliance with the requirements prescribed |
| |
|
|
under any other statute and regulation in force. This would also be applicable to ECBs irrespective of whether due |
| |
|
|
for repayment or not, as well as secured or unsecured loans availed from non-resident collaborators. However, |
| |
|
|
import payables, deemed as ECBs, would not be eligible for conversion into equity/preference shares. Conversion of |
| |
|
|
ECB into equity will be subject to the prescribed reporting requirements. |
| |
|
|
|
| |
4 |
• |
The requirement of prior approval of the Reserve Bank for transfer of shares and convertible debentures (excluding |
| |
|
|
financial service sector) was dispensed with and general permission accorded subject to compliance of the terms |
| |
|
|
and conditions and reporting requirements for transfer by a person resident in India to person resident outside India |
| |
|
|
and vice versa. Increase in foreign equity participation by fresh issue of shares as well as conversion of preference |
| |
|
|
shares into equity capital allowed, provided such increase falls within the sectoral cap in relevant sectors and are |
| |
|
|
within the automatic route. |
| |
|
|
|
|
16 |
• |
The requirement of prior approval of the Reserve Bank by Indian agents of foreign airline companies who are members |
| |
|
|
of International Air Transport Association (IATA), for arranging to issue bank guarantees in favour of the foreign |
| |
|
|
airline companies/IATA, in connection with their ticketing business was dispensed with. Accordingly, ADs were allowed |
| |
|
|
to issue such guarantees and required to report the details of invocation of such guarantees to the Reserve Bank. |
| |
|
|
|
|
25 |
• |
Remittance of hiring charges of transponders by i) TV Channels and ii) Internet Service Providers (ISP) would |
| |
|
|
require the approval of the Ministry of Information and Broadcasting and Ministry of Communication and Information |
| |
|
|
Technology, respectively. Accordingly, ADs would allow the remittances towards hiring of transponders by TV Channels |
| |
|
|
and ISPs, as approved by the concerned Ministry. |
| |
|
|
|
|
Nov. |
1 |
• |
General permission given to ADs to issue guarantees, letters of comfort and letters of undertaking in favour of |
| |
|
|
overseas suppliers or banks for their importer clients, up to US $ 20 million per transaction for a period up to one |
| |
|
|
year for import of all non-capital goods permissible under the Foreign Trade Policy (except gold) and up to three |
| |
|
|
years for import of capital goods, subject to prudential guidelines. |
| |
|
|
|
| |
|
• |
All status holder exporters permitted a period of twelve months for realisation and repatriation of export proceeds. |
| |
|
|
This facility was extended to 100 per cent EOUs and units set up under EHTPs, STPs and BTPs schemes. |
| |
|
|
|
| |
|
• |
The limit for outstanding forward contracts booked by importers/exporters, based on their past performance (without |
| |
|
|
production of the underlying documents), was increased from 50 per cent to 100 per cent of their eligible limit. The |
| |
|
|
contracts booked in excess of 25 per cent of the eligible limits, however, would be on deliverable basis. |
| |
|
|
|
|
2005 |
|
|
|
| |
|
|
|
|
Feb. |
1 |
• |
The Government of India, in consultation with the Reserve Bank, reviewed the procedures for compounding of |
| |
|
|
contravention under the Foreign Exchange Management Act (FEMA), with a view to providing comfort to the citizens |
| |
|
|
and corporate community by minimising transaction costs, while taking severe view of wilful, mala fide and fraudulent |
| |
|
|
transactions. The responsibilities of administering compounding of contravention cases under FEMA vested with |
| |
|
|
the Reserve Bank with exception of clause (a) of Section 3 of FEMA 1999 which deals essentially with Hawala |
| |
|
|
transactions. Accordingly, the Reserve Bank issued directions to the ADs operationalising the revised procedures |
| |
|
|
for compounding of contravention under the FEMA. |
| |
|
|
|
| |
9 |
• |
An employee or a director of an Indian office or branch or a subsidiary of a foreign company in India or of an Indian |
| |
|
|
company in which the foreign holding is not less than 51 per cent was permitted to purchase shares under ESOP |
| |
|
|
offered by a foreign company even if it is an indirect shareholding (through a holding company or an SPV in third |
| |
|
|
country) in the Indian company. |
| |
|
|
|
|
18 |
• |
As per the existing guidelines, nominated agencies/approved banks can import gold on loan basis for on-lending to |
| |
|
|
exporters of jewellery and by EOUs and units in SEZs for manufacturing and export of jewellery on their own account |
| |
|
|
only. After a review of these guidelines, the maximum tenor of gold loan was enhanced to 240 days i.e., 60 days for |
| |
|
|
manufacture and exports, and 180 days for fixing the price and repayment. ADs were permitted to open standby LCs |
| |
|
|
for tenor equivalent to the loan period and on behalf of entities permitted to import gold. The standby LC should be |
| |
|
|
in favour of the internationally renowned bullion banks only. |
|
Date of |
|
|
|
|
Announce- |
|
POLICY ANNOUNCEMENTS |
|
ment |
|
|
|
| |
|
|
|
|
2005 |
|
|
V. EXTERNAL SECTOR POLICIES (Concld.) |
| |
|
|
|
|
March |
15 |
• |
Banks authorised to deal in foreign exchange permitted to allow a resident power of attorney holder to remit funds |
| |
|
|
out of the balances in the NRE/FCNR(B) account through normal banking channels, to the non-resident account |
| |
|
|
holder provided specific powers for the purpose have been given. |
| |
|
|
|
| |
31 |
• |
The liberalised remittance scheme of US $ 25,000 is not permitted, directly or indirectly, to countries identified by |
| |
|
|
the Financial Action Task Force (FATF) as non co-operative countries and territories (NCCTs) viz. Cook Islands, |
| |
|
|
Egypt, Guatemala, Indonesia, Myanmar, Nauru, Nigeria, Philippines and Ukraine. AD banks were advised that they |
| |
|
|
may keep a record of the countries identified by FATF as NCCTs and accordingly update the list from time to time for |
| |
|
|
necessary action by their branches handling the transactions under the liberalised remittance scheme. For this |
| |
|
|
purpose, they may access the website www.fatf-gafi.org to obtain the latest list of non co-operative countries identified |
| |
|
|
by FATF. |
| |
|
|
|
|
April |
25 |
• |
General permission granted to insurance companies incorporated outside India which have obtained prior approval |
| |
|
|
from the IRDA to establish Liaison Offices in India subject to conditions specified by the IRDA from time to time. |
| |
|
|
|
| |
|
• |
Non-Governmental Organisations (NGOs) engaged in micro finance activities, having satisfactory borrowing relationship |
| |
|
|
of three years with a bank and ‘fit and proper’ board/management committee, were permitted to raise ECB up to US $ |
| |
|
|
5 million during a financial year for permitted end-use, under the automatic route. The designated AD has to ensure |
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that the ECB proceeds are utilised for lending to self-help groups or for micro-credit or for bona fide micro finance |
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activity including capacity building and that the forex exposure of the borrower is hedged at the time of draw down. |
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ECB funds should be routed through normal banking channel from internationally recognised sources viz. i) international |
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banks, ii) multilateral financial institutions, and iii) export credit agencies. Furthermore, overseas organisations and |
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individuals complying with KYC guidelines and anti-money laundering safeguards were allowed to lend ECB provided |
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all other ECB parameters under the automatic route are complied with. |
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May |
12 |
• |
The ceiling of overseas investment by Indian entities in overseas joint ventures and/or wholly owned subsidiaries |
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raised from 100 per cent to 200 per cent of their net worth under the automatic route. |
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16 |
• |
The closing time for inter-bank foreign exchange market in India was extended by one hour up to 5.00 p.m. |
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17 |
• |
General permission to ADs to open non-interest bearing foreign currency account for the project offices set up |
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under the general/specific approval of the Reserve Bank by foreign companies in India, and operate the accounts |
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flexibly. |
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June |
14 |
• |
Cancellation and rebooking of all eligible forward contracts booked by residents, irrespective of tenor, allowed subject |
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to certain conditions. |
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• |
International Debit Cards (IDCs) can be used only for permissible current account transactions. Accordingly, the item- |
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wise limits as mentioned in the Schedules to the Government of India Notification No.G.S.R. 381(E) dated May 3, |
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2000, as amended from time to time, are equally applicable to payments made through use of these cards. Further, |
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IDCs cannot be used on internet for purchase of prohibited items like lottery tickets, banned or proscribed magazines, |
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participation in sweepstakes, payment for call-back services, i.e. for such items/activities for which drawal of foreign |
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exchange is not permitted. |
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July |
12 |
• |
ADs given freedom not to follow up submission of evidence of import involving amount of US $ 1,00,000 or less |
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provided they are satisfied about the genuineness of the transaction and the bona fides of the remitter. A suitable |
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policy may be framed by the bank’s Board of Directors and ADs may set their own internal guidelines to deal with |
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such cases. |
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23 |
• |
Banks allowed to approve proposals for commodity hedging in international exchanges from their corporate |
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customers. |
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29 |
• |
FDI up to 100 per cent permitted under the automatic route in petroleum product marketing, oil exploration in both |
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small and medium sized fields and petroleum product pipelines. In air transport services (Domestic Airlines) sector, |
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FDI up to 100 per cent permitted under the automatic route by NRIs and up to 49 per cent by others. However, no direct |
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or indirect equity participation by foreign airlines would be allowed. |
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