The Ready Reckoner
(Secretariat for Industrial Assistance)
Department of Industrial Policy & Promotion,
Ministry of Commerce and Industry,
Government of India

This Ready Reckoner on 'Non Resident Indians (NRIs) Investments' is intended to provide investment opportunities at a glance, available to Non Resident Indians (NRIs)/Person of Indian Origin (PIO)/Overseas Corporate Bodies (OCBs) and does not purport to be a legal document. In case of any variance between what has been stated in this Ready Reckoner and that contained in the relevant Act, Rules, Regulations, Policy Statements, etc, the latter shall prevail.

The Ready Reckoner
The Ready Reckoner has designed to provide at a glance, the various investment opportunities, which are available to Non Resident Indian (NRI), Person of Indian Origin (PIO) or Overseas Corporate Bodies (OCBs). Though efforts have been made to incorporate all the changes in Policy and Procedures governing the investment opportunities, it is admitted that brevity overrides details. Hence for further information, relevant guidelines and instructions of the Reserve Bank of India or the other Government Departments may be consulted.

October 2001
Website: http://indmin.nic.in/ 

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Non-resident Indian (NRI)/Person of Indian Origin (PIO)/Overseas Corporate Bodies (OCB)

Who is non-resident Indian (NRI) ?
"Non-Resident Indian (NRI) means a person resident outside India who is a citizen of India or is a person of Indian origin". 

Who is a person of Indian Origin?
For the purposes of availing of the facilities of opening and maintenance of bank accounts and investments in shares/securities in India 
Person of Indian origin means a citizen of any country other than Pakistan or Bangladesh, if he at any time, held an Indian passport; or he or either of his parents for any of his grand parents was a ciftizen of India by virtue of the constitution of India or Citizenship Act, 1955 (57 of 1995); or the person is a spouse of an Indian citizen or a person referred to in clause (a) or (b)

For investments in immovable properties :
Person of Indian origin means an individual (not being a citizen of Pakistan or Bangladesh or Afghanistan or Bhutan or Sri Lanka or Nepal or China or Iran)
who at any time, held an Indian passport or 
who or either of whose father or whose grandfather was a citizen of India by virtue of the Construction of India or the Citizenship Act, 1955 (57 of 1955)

What is an OCB?
Overseas Corporate Bodies (OCBs) are bodies predominantly owned by individuals of Indian nationality or origin resident outside India and include overseas companies, partnership firms, societies and other corporate bodies which are owned, directly or indirectly, to the extent of at least 60% by individuals of Indian nationality or origin resident outside India as also overseas trusts in which at least 60% of the beneficial interest is irrevocably held by such persons. Such ownership interest should be actually held by them and not in te capacity as nominees. The various facilities granted to NRIs are also available with certain exceptions to OCBs so long as the ownership/beneficial interest held in them by NRIs continues to be at least 60%.
What are the various facilities available to NRIs/OCBs?
NRIs/OCBs are granted the following facilities:

• Maintenance of bank accounts in India. 
• Investment in securities/shares of, and deposits with Indian firms/ companies. 
• Investments in immovable properties in India.

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Bank Accounts
NRIs/PIOs/OCBs/ are permitted to open bank accounts in India out of funds remitted from abroad, foreign exchange brought in from abroad or out of funds legitimately due to them in India, with authorised dealer.
Such accounts can be opened with banks specially authorised by the Reserve Bank in its behalf [Authorised Dealer (AD)].
There are five types of NRI accounts:

Rupee Accounts

1. Non-Resident (External) Rupee Accounts (NRE Accounts)

NRIs, PIOs, OCBs are eligible to open NRE Accounts. These are rupee denominated accounts. Accounts can be in the form of savings, current, recurring or fixed deposit accounts. Accounts can be opened by remittance of funds in free foreign exchange. Foreign exchange brought in legally, repartiable incomes of the account holder, etc. can be credited to the account. Joint operation with other NRIs/PIOs is permitted. Power of attorney can be granted to residents for operation of accounts.
The deposits can be used for all legitimate purposes. The balance in the account is freely reportable. Interest lying to the credit of NRE accounts is exempt from tax in the hands of the NRI.
Funds held in NRE accounts may be freely transferred to FCNR accounts of thhe same account holder. Likewise, funds held in FCNR accounts may be transferred to NRE accounts of the same account holders.

2. Ordinary Non-Resident Rupee Accounts (NRO Accounts)

These are Rupee denominated non-reportable accounts and can be in the form of savings, current recurring or fixed deposits. These accounts can be opened jointly with residents in India. When an Indian National/PIO resident in India leaves for taking up employment, etc. outside the country, his bank account in India gets designated as NRO account.
The deposits can be used to make all legitimate payments in rupees. Interest income, from NRO accounts is taxable. Interest income, net of taxes is reportable.

3. Non-resident (Non-reportable) Rupee Deposit Accounts (NRNR Accounts)

NRIs/PIOs/OCBs, other non-resident Individuals/entities are permitted to open these accounts. Accounts can be opened by transfer of freely convertible foreign currency funds from abroad, or from NRE/FCNR accounts. Deposits can be held jointly with a resident. Deposits can be for period from 6 months to 3 years, and can be renewed further. Accounts may also be opened by transfer of funds from the existing NRE/FCNR accounts of the non-resident accounts holders.
The principal is non-reportable; interest can be repatriated. There is no income tax on the interest.

4. Non-Resident (Special) Rupee Accounts with banks in India

NRIs/PIOs presently have the facility of maintaining bank accounts and undertaking financial transactions in India subject to certain exchange control regulations.
In order to simplify the procedures and to provide greater freedom to NRIs/PIOs for putting through financial transactions in India, NRIs and PIOs are now permitted topend bank accounts in India, which will be at par with rupee accounts, maintained by residents. They can now open Non-Resident (Special) Rupee Accounts with banks in India which will have the same facilities and restrictions as are applicable to rupee accounts maintained in India by residents relating to repatriation of funds held in these accounts and/or income/interest earned on them. The scheme, which has become effective from April 15, 1999 provides thhat the procedure for opening such accounts is the same as that of domestic accounts of resident individuals.
The existing facilities for NRIs/PIOs to maintain and operate Non-resident (Ordinary) i.e., NRO account, Non-Resident, i.e., FCNR account also continues. The repatriation facilities available under these accounts will continue as before.

5. Foreign Currency Accounts

Foreign Currency (Non-Resident) Accounts (Banks) (FCNR (B) Accounts)
NRIs/PIOs/OCBs are permitted to open such accounts in US Dollars, Sterling Pounds, Deutsche Marks, Japanese Yen and Euro. The account may be opened only in the form of term deposit for any of the three maturity periods viz; (a) one year and above but less than two years (ii) two years and above but leas than three years and (iii) three years only.
Interest income is tax free in the hands of NRI until he maintains a non-resident status or a resident but not ordinarily resident status under the Indian tax laws.
FCNR (B) accounts can also be utilised for local disbursements including payment for exports from India, repatriation of funds abroad and for making investments in India, as per foreign investment guidelines.

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General Permissions
Reserve Bank has granted general permission to NRIs/PIOs, for undertaking direct investments in Indian companies, under the Automatic Route purchase of shares under Portfolio Investment Scheme, investment in companies and proprietorship/ partnership concerns on non-repatriation basis and for remittances of current income. NRIs/PIOs do not have to seek specific permission for approved activities under these schemes.
The Reserve Bank of India has now further simplified financial transactions by NRIs/PIOs by granting general permissions to:
To resident individuals, partnership/proprietorship concerns to avail of interest bearing rupee loans from NRIs/PIOs out of funds remitted by them from abroad or out of funds held in their bank accounts in India, on non-repatriation basis, subject to certain conditions one of them being that the rate of interest on such loans should not exceed Bank Rate plus two percentage points.
NRIs/PIOs to transfer by way of gift shares held by them in Indian companies and to transfer by way of gift immovable property held by them in India subject to compliance with other applicable rules/regulations including the provisions of Foreign Contribution Regulations Act, 1976 by the charitable trust/ organisation concerned.
All domestic public/private sector mutual funds for issue of Units to NRIs/PIOs/OCBs on bot repatriation as well as non-repatriation basis.
NRIs/PIOs/OCBs to place deposits wit Indian firms, on non-repatriation basis and wit Indian companies including Non-banking financial companies on bot repatriation and non-repatriation basis.
NRIs/PIOs/OCBs for sale of shares acquired under direct investment Schemes on stock exchanges in India.
NRIs/PIOs/OCBs have been granted General Permission to invest in Government Securities and Treasury Bills.
Taking into account the facilities tat are already available, and the above new measures, NRIs/PIOs will not have to seek specific permission of the Reserve Bank for a whole variety of approved financial/investment transactions. This should considerably reduce paper work and time taken for undertaking such transactions.
After the above changes come into effect, the areas in which facilities available to NRIs/PIOs/OCBs will be the same as available to domestic residents except relating to investment by NRIs/PIOs/OCBs in real estate/agriculture and plantation business Chit Funds, Nidhis or Print Media.

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Direct Investment Opportunities
NRIs & OCBs can invest in India as under:
Investment under Automatic Route with repatriation benefits
Investment with Government approval
Other investments with repatriation benefits
Investments up to 100% equity without repatriation benefits
Other investments by NRIs/OCBs without repatriation benefits.
Details of above are available on RBI website.

1. Automatic Route of RBI With Repatriation Benefits
NRIs/OCBs can invest in shares/convertible debentures of Indian companies under the Automatic Route without obtaining Government or RBI permission except for a few sectors where FIPB/SIA permission is necessary, or where the investment can be made only up to a certain percentage of paid up capital.
For full details of the Automatic Route investors may see the website (http://indmin.nic.in)  

2. Investment with Government Approval
Investments not eligible under the Automatic Route, are considered by the Foreign Investment Promotion Board(FIPB) a high Powered inter-ministerial body under the chairmanship of Secretary, Department of Industrial Policy & Promotion, SIA, subject to sectoral limits/norms. These investments also enjoy full repatriation benefits.

3. Other Investments with Repatriation Benefits

4. Investment upto 100% Equity without Repatriation Benefits

5. Other Iinvestments by NRIs/OCBs without Repatriation Benefits

1. Investment in non convertable debentures
2. Money market mutual funds
3. Deposits wit companies
4. Commercial papers (OCBs are presently not permitted)

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Portfolio Investment
NRIs/OCBs are permitted to make portfolio investment in shares/debentures (convertible and non-convertible) of Indian companies, wit or without repatriation benefit provided the purchase is made through a stock exchange and also through designated branch of an authorised dealer. NRIs/ OCBs are required to designate only one branch authorised by Reserve Bank for this purpose.

General Conditions for Purchase with Repatriation of Non-Repatriation Rights

Investment in equity shares and convertible debentures is permitted subject to an overall ceiling of (a) 10 per cent of the total paid-up equity capital of the company concerned; and (b) 10 per cent of the total paid-up value of each series of the convertible debentures issued by the company concerned for all NRIs/OCBs taken together both on repatriation and on non-repatriation basis.
The purchase of shares and debentures under the scheme is required to be made at the ruling market price.
Indian companies listed on recognised stock exchanges in India are however permitted to allow NRIs/OCBs to acquire shares/debentures up to 24% instead of the 10% limit after a resolution in General Body and necessary information to RBI.

Investment on Non-repatriation Basis

NRIs/OCBs intending to invest on non-repatriation basis should submit the application in form NRI and NRC respectively, to a designated branch of an authorised dealer. Authorised Dealer will grant general permission to purchase shares/debentures to NRI/ OCB subject to the condition that the payment for such investment is received through inward remittance or from the investor's NRE/FCNR/NRO Account.
Securities acquired by NRIs/OCBs under PI scheme on a non-repatriation basis can be sold without any permission on the floor of a stock exchange.
Dividend and interest income is fully repatriable

Investment on Repatriation Basis

NRIs and OCBs intending to invest with repatriation benefits should submit the application to the designated branch of authorised dealer. AD will grant to NRI/IOCB for purchase of shares/debentures subject to the conditions that :
The payment is received through an inward remittance in foreign exchange or by debit to the investor's NRE/FCNR account.
Investment made by any single NRI/OCB investor in equity/preference shares and convertible debentures of any listed Indian company does not exceed 5% of its total paid-up equity or preference capital or 5% of 
the total paid-up value of each series of convertible debentures issued by it.
NRIs/OCBs take delivery of the shares/convertible debentures purchased and give delivery of the shares/convertible debentures sold under the Scheme.
NRIs and OCBs can freely sell securities acquired by tem wit repatriation benefits, without any permission, through a stock exchange. Dividend and interest income is also fully reportable.

Investment in the Units of Domestic Mutual Funds on Non-Repatriation / Repatriation Basis

Same procedure as indicated in paragraphs for Investment on Non-Repatriation Basis and Repatriation Basis above is applicable. However, approvals already ranted for portfolio investment in shares/debentures of Indian companies will also be valid for purchase of units of domestic mutual funds.

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Investment in Real Estate
All persons, whether resident in India or outside India, who are citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal or Bhutan require prior permission of Reserve Bank for acquiring or transferring any immovable property in India.
A person resident outside India, who has been permitted by Reserve Bank to establish a branch, or office, or place of business in India (excluding a Liaison Office), has general permission of Reserve Bank to acquire immovable property in India, which is necessary for, or incidental to, the activity. However, in such cases a declaration, in prescribed form (IPI), is required to be filed wit the Reserve Bank, within 90 days of the acquisition of immovable property.
An Indian citizen resident outside India does not require any permission to acquire any immovable property in India other than agricultural/plantation property or a farm house.
An Indian citizen resident outside India does not require any permission to transfer any immovable property, to a citizen of India who is resident in India.
An Indian citizen resident outside India does not require any permission to transfer any immovable property other than agricultural or plantation property or farm house, to a person who:

1. is a citizen of India resident outside India, or 

2. is a person of Indian origin resident outside India

A person of Indian origin resident outside India does not require any permission to acquire any immovable property other than agricultural land/farm house/ plantation property in India by purchase, from out of funds:

1. received in India by way of inward remittance through banking channel from any place outside India, or

2. held in any non-resident account maintained in accordance with the provisions of the Act and the regulations made by the Reserve Bank under the Act.

A person of Indian origin resident outside India does not require any permission to acquire any immovable property in India other than agricultural land/farm house/plantation property by way of gift from a person resident in India or from a person resident outside India who is a citizen of India or from a person of India origin resident outside India.
A person of Indian origin resident outside India does not require any permission to acquire any immovable property in India by way of inheritance from a person resident outside India who had acquired such 
property in accordance with the provisions of the foreign exchange law in force at the time of acquisition by him or the provisions of these Regulations or from a person resident in India.
A person of Indian origin resident outside India does not require any permission to transfer any immovable property in India other than agricultural land/farm house/plantation property, by way of sale to a person resident in India.
A person of Indian origin resident outside India does not require any permission to transfer agricultural land/farm house/plantation property in India, by way of gift or sale to a person resident in India who is a citizen of India.

A person of Indian origin resident outside India does not require any permission to transfer residential or commercial property in India by way of gift to a person resident in India or to person resident outside India who is a citizen of India or to a person of India origin resident outside India.
Repatriation outside India, including credit to RFC, NRE or FCNR account, of sale proceeds of any immovable property situated in India, requires prior permission of the Reserve Bank except in circumstances stated in paragraph 13 below.
In the event of sale of immovable property, other than agricultural land/farm house/plantation property in India by a person resident outside India, who is a citizen of India, or a person of Indian origin, the authorised dealer may allow repatriation of the sale proceeds outside India, provided All the following conditions are satisfied:

1. the immovable property was acquired by the seller in accordance with the provisions of the Exchange Control Rules/Regulations/Law in force at the time of acquisition, or the provisions of the Regulations framed under the Foreign Exchange Management Act, 1999;

2. the sale takes place after three years from the date of acquisition of such immovable property or from the date of payment of final installment of consideration for its acquisition, whichever is later;

3. the amount to be repatriated does not exceed
   (a) the amount paid for acquisition of the immovable property in foreign exchange received through normal banking channels or out of funds held in foreign currency non-resident account or 
   (b) the foreign currency equivalent, as on the date of payment, of the amount paid where such payment was made from the funds held in non-resident external account for acquisition of the property; and

4. in the case of residential property, the repatriation of sale proceeds is restricted to not more than two such properties.

All requests for acquisition of agricultural land/plantation/property/farm house by any person resident outside India or foreign nationals may be made to the Chief General Manager, Reserve Bank of India, Central Office, Exchange Control, Department, Foreign Investment Division (III), Mumbai - 400 001.

The NRIs/PIOs can freely rent out their immovable property in India without seeking any permission from the Reserve Bank. The rental income being a current account transaction is freely reportable outside India.

Notes:
For the purposes of transactions, i.e., transfer, sale, purchase, etc., dealing with immovable property in India, a person of Indian origin is defined as under:
"an individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan), who
at any time, held Indian passport; or 
who or either of whose father or whose grandfather was a citizen of India by virtue of the constitution of India or the Citizenship Act, 1955 (57 of 1955)."

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PIO Cards scheme
The Government has launched a comprehensive Scheme for the Persons of Indian Origin-called the 'PIO Card Scheme'. Under this Scheme, Persons of Indian Origin up to the fourth generation (great grand parents) settled throughout the world, except for a few specified countries, would be eligible. The Card would be issued to eligible applicants through the concerned Indian Embassies/High Commissions/ Consulates and for those staying in India on a long term visa, the concerned Foreigners Regional Registration Officer (Delhi, Mumbai, Calcutta, Chennai) would do the same. The fee for the card, which will have a validity of 20 years, would be US$1000.

In this scheme, unless the context otherwise requires: "Person of Indian origin" means a foreign citizen (not being a citizen of Pakistan, Bangladesh and other countries as may be specified by the Central Government from time to time) if,
he/she at any time held an Indian passport; or he/she or either of his/her parents or grand parents or great grand parents was born in and permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries (as referred to in 2(b) above); or he/she is a spouse of a citizen of India or a person of Indian origin covered under (i) or (ii) above.

Besides making their journey back to their roots simpler, easier and smoother, this Scheme entitles the PIOs to a wide range of economic, financial, educational and cultural benefits. The benefits envisaged under the Scheme include:

No requirement of visa to visit India;
No requirement to register with the Foreigners Registration Officer if continuous stay does not exceed 180 days. If continuous stay exceeds 180 days, then registration is required to be done within a period of 30 days of the expiry of 180 days; Parity with Non-Resident Indians in respect of facilities available to the latter in economic, financial, educational fields etc. These facilities ill include:

Acquisition, holding, transfer and disposal of immovable properties in India except of agricultural/ plantation properties; Admission of children in educational institutions in India under the general category quota for NRIs- including medical/engineering colleges, IITs, IIMs etc.
Various housing schemes of Life Insurance orporation of India, State Governments and other Government agencies;
All future benefits that would be extended to NRIs would also be available to the PIO Card holders;
However, they shall not enjoy political rights in India.

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Facilitation Agencies
The main regulatory and facilitation agencies involved in the matters related to NRIs/OCBs investment are Reserve Bank of India (RBI), Securities and Exchange Board of India (SWBI), Authority for Advance Rulings (AAR), Secretariat for Industrial Assistance (SIA), Ministry of Commerce and Industry; and Office of the Chief Commissioner (Investments & NRIs). Briefly their areas of activities are as under:

Reserve Bank of India (RBI)
Reserve Bank of India regulates the investment by persons resident outside India. In order to simplify the regulations and procedures they issue 'general permission' from time to time so that no specific permission are required for the activities covered under the 'general permission'. The specific permission as required under exchange control manual are granted by Foreign Investment Division-NRI Cell of RBI Mumbai or Exchange Control Department of the concerned Regional office of RBI depending upon the nature of permission required. The permissions are granted in a time bound manner. RBI maintains a comprehensive Website with latest updates, notifications, forms at www.rbi.org.in .
The RBI has introduced the Ban king Ombudsman Scheme since 1995 to provide a mechanism for redressal of grievances relating to customer services offered by Indian Banks. Ombudsmen have been appointed to receive complaints relating to provision of banking services, including complaints from NRIs having accounts in India in relation to their remittances from abroad and other bank related matters.

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Securities and Exchange Board of India (SEBI)
The Overseas Investor Cell of SEBI provides answers to queries on registration procedures, formalities and other investment related issues pertaining to SEBI to all overseas investors including NRIs through its website at www.sebi.gov.in  and www.sebi.com 

Authority for Advance Rulings (AAR)
The Authority for Advance Rulings enables non-residents to obtain, in advance, a binding ruling on the issues that could arise in determining their Income Tax liabilities. Therefore, time consuming and expensive legal disputes can, thus, be avoided. The Authority is empowered to determine any question of law or of fact as specified in the application made before it in respect of a transaction, which has been undertaken or is proposed to undertaken by a non-resident. 
Any non-resident person individual, company, firm, association of persons or other body corporate, can make an application for seeking an advance ruling.
The applicant is entitled to represent his case before the Authority either personally or through an authorised representative.

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Secretariat for Industrial Assistance (SIA)
SIA has been set up by the Government of India in the Department of Industrial Policy and Promotion in the Ministry of Commerce and Industry to provide a single window for entrepreneurial assistance, investor facilitation, receiving and processing all applications which require Government approval, conveying Govt. decisions on applications filed, assisting entrepreneurs and investors in setting up projects, (including liaison with other organisations and State Govt.) and in monitoring implementation of projects. SIA maintains a comprehensive website at http://indmin.nic.in 

Indian Investment Centre
[Office of the Chief Commissioner (Investments & NRIs)]
The Indian Investment Centre - a service organisation of the government of India advises overseas investors on setting up industrial projects in India by providing information regarding investment opportunities in India, the Government's industrial policy licensing procedures, taxation laws and facilities and incentives available. It also helps them in finding partners in India. The centre also provides escort services to NRIs. For details kindly refer website www.nic.in/iic 

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RBI Forms
NRIs/OCBs/PIOs do not have to seek specific permission for approved activities covered under 'General permission' schemes. The activities relating to NRIs/OCBs/PIOs not covered under those schemes either require declaration to RBI or permission from RBI. The activities requiring Declaration/Permission along with corresponding forms are as under;

corresponding forms are as under;

Abbreviations

Contact Addresses

SIA
Joint Secretary
Secretariat for Industrial Assistance 
Ministry of Commerce & Industry
Government of India
Udyog Bhavan
New Delhi - 110 001
Tel: +91-11-3011983
Fax: +91-11-3011034
Website http://indmin.nic.in/ 
e mail: jsmssind@ub.nic.in 

Reserve Bank of India
The Chief General Manager-In-Charge
Exchange Control Department
Central Office Building
Shahid Bhagat Singh Road
Mumbai - 400 123
Tel: +91-22-266 3596
Fax: +91-22-266 5330
Website http://www.rbi.org.in/ 

Securities and Exchange Board of India (SEBI)
Mittal Court, B Wing
224 Nariman Point, Mumbai
Tel: +91-22-204 5623
Fax: +91-22-202 1093
Website http://www.sebi.com/ 

The Commissioner of Income Tax
Authority for Advance Rulings 
5th Floor, NDMC Building
Yashwant Place, Satya Marg, Chanakyapuri
New Delhi - 110 021 INDIA
Tel: +91-11-611 7792, 91-11-611 7802,
+91-11-611 7935
Fax: +91-11-611 3407
E-mail: avipra@del2.vsnl.net.in 

Indian Investment Centre
Office of the Chief Commissioner
(Investments & NRIs)
Department of Economic Affairs,
Ministry of Finance, Jeevan Vihar Building,
Sansad Marg,
New Delhi - 110 001 INDIA
Tel: +91-11-3732035, 91-11-3360938
Fax: +91-11-3732182, 91-11-3733712
Website http://www.nic.in/iic 
E-mail: iic@giasdl01.vsnl.net.in 

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