SCHEDULE 1 - Regulation 5(1)(i) - Non-Resident (External) Rupee Account Scheme - Foreign Exchange Management (Deposit) Regulations, 2000

SCHEDULE 1 [See Regulation 5(1)(i)] Non-Resident (External) Rupee Account Scheme 1. Eligibility: The Non-resident Indians (NRIs) [***] are permitted to open and maintain these accounts with authorised dealers, and with banks (including co-operative banks) authorised by the Reserve Bank to maintain such accounts. The account should be opened by the non-resident account holder himself and not by the holder of the power of attorney in India. Note : Opening of NRE accounts in the names of individuals/entities of Bangladesh/Pakistan nationality/ownership requires approval of Reserve Bank. 2. Types of accounts: The accounts may be maintained in any form, e.g. savings, current, recurring or fixed deposit account etc. 3. Permitted Credits: (a) Proceeds of remittances to India in any permitted currency. (b) Proceeds of personal cheques drawn by the account holder on his foreign currency account and of travellers cheques, bank drafts payable in any permitted currency including instruments expressed in Indian rupees for which reimbursement will be received in foreign currency, deposited by the account holder in person during his temporary visit to India, provided the authorised dealer/bank is satisfied that the account holder is still resident outside India, the travellers' cheques/drafts are standing/endorsed in the name of the account holder and in the case of travellers' cheques, they were issued outside India. (c) Proceeds of foreign currency/bank notes tendered by account holder during his temporary visit to India, provided (i) the amount was declared on a Currency Declaration Form (CDF), where applicable, and (ii) the notes are tendered to the authorised dealer in person by the account holder himself and the authorised dealer is satisfied that account holder is a person resident outside India. (d) Transfers from other NRE/FCNR accounts. (e) Interest accruing on the funds held in the account. (f) Interest on Government securities and dividend on units of mutual funds, provided the securities/units were purchased by debit to the account holder's NRE/FCNR account or out of inward remittance through normal banking channels. (g) Maturity proceeds of Government securities including National Plan/Savings Certificates as well as proceeds of Government securities and units of mutual funds sold on a recognised stock exchange in India and sale proceeds of units received from mutual funds, provided the securities/units were originally purchased by debit to the account holders's NRE/FCNR account or out of remittances received from outside India in free foreign exchange. (h) Refund of share/debenture subscriptions to new issues of Indian companies or portion thereof, if the amount of subscription was paid from the same account or from other NRE/FCNR account of the account holder or by remittance from outside India through normal banking channels. 1 (i) Refund of application/earnest money/purchase consideration made by the house building agencies/seller on account of non-allotment of flat/ plot/cancellation of bookings/deals for purchase of residential/commercial property, together with interest, if any (net of income tax payable thereon), provided the original payment was made out of NRE/FCNR account of the account holder or remittance from outside India through normal banking channels and the authorised dealer is satisfied about the genuineness of the transaction. (j) Any other credit if covered under general or special permission granted by Reserve Bank. 4. Permitted Debits: (a) Local disbursements. (b) Remittances outside India. (c) Transfer to NRE/FCNR accounts of the account holder or any other person eligible to maintain such account. (d) Investment in shares/securities/commercial paper of an Indian company or for purchase of immovable property in India provided such investment/purchase is covered by the regulations made, or the general/special permission granted, by the Reserve Bank. (e) Any other transaction if covered under general or special permission granted by the Reserve Bank. 5. Rate of Interest: Rate of interest applicable to these accounts shall be in accordance with the directions/instructions issued by Reserve Bank from time to time 6. Loans against security of funds held in the account: (a) To account holder:- Authorised dealers and banks maintaining such accounts are permitted to grant loans in India to the account holder for - (i) personal purposes or for carrying on business activities except for the purpose of relending or carrying on agricultural/plantation activities or for investment in real estate business. The authorised dealer/bank should ensure that the advances are fully secured by the fixed deposits and regulations relating to normal margin, interest rate, etc. are complied with. Repayment shall be made either by adjustment of the deposit or by fresh inward remittances from outside India through normal banking channels. The loan can also be repaid out of local rupee resources in the NRO account of the borrower. The interest on such loans shall be in accordance with directives issued by Reserve Bank from time to time ; (ii) the purpose of making direct investment in India on non-repatriation basis by way of contribution to the capital of Indian firms/companies subject to compliance with the provisions of the Foreign Exchange Management (Transfer of Indian security by a person resident outside India) Regulations, 2000 and Foreign Exchange Management (Investment in proprietary or a partnership firm) Regulations, 2000. (iii) the purpose of acquisition of flat/house in India for his own residential use subject to the provisions of the relevant Regulations made under the Act. (b) To third parties:- Authorised dealers and authorised banks may grant any type of fund based and/or non-fund based facilities to resident individuals/firms/ companies in India against the collateral of fixed deposits held in NRE account subject to the following conditions: (i) There should be no direct or indirect foreign exchange consideration for the non-resident depositor agreeing to pledge his deposits to enable the resident individual/firm/company to obtain such facilities. (ii) Regulations relating to margin, interest rate, purpose of loan, etc., as stipulated by Reserve Bank from time to time should be complied with. (iii) The loan should be utilised for personal purposes or for carrying on business activities other than agricultural/plantation activities or real estate business. The loan should not be utilised for relending. (iv) The usual norms and considerations as applicable in the case of advances to trade/industry shall be applicable to such credit facilities. (c) Loans outside India.:- Authorised dealers may allow their branches/correspondents outside India to grant any type of fund based and/or non-fund based facilities to or in favour of non-resident depositor or to third parties at the request of depositor for bona fide purpose against the security of funds held in the NRE accounts in India and also agree to remittance of the funds from India, if necessary, for liquidation of the outstandings. 3 (d) The loans and facilities granted under this paragraph shall be subject to such directions as may be issued by the Reserve Bank from time to time. 7. Change of resident status of the account holder: NRE accounts should be redesignated as resident accounts or the funds held in these accounts may be transferred to the RFC accounts (if the account holder is eligible for maintaining RFC account) at the option of the account holder immediately upon the return of the account holder to India for taking up employment or for carrying on business or vocation or for any other purpose indicating intention to stay in India for an uncertain period. Where the account holder is only on a short visit to India, the account may continue to be treated as NRE account even during his stay in India. 8. Repatriation of funds to non-resident nominee: Authorised dealers/authorised banks may allow remittance of funds lying in the NRE account of the deceased account holder to his non-resident nominee. 9. Miscellaneous: 4 [a) Joint accounts-: - Joint accounts in the names of two or more non-resident individuals may be opened provided all the accountholders are persons of Indian nationality or origin. Opening of these accounts by a non-resident jointly with a resident is also permissible. Opening of these accounts by non-resident may be permitted jointly with the resident close relative(s) on 'former or survivor' basis. However, the said resident close relative shall be eligible to operate the account as a Power of Attorney holder in accordance with the extant instructions during the life time of the NRI accountholder. Explanation - For the purpose of this regulation, 'close relative' means relative as defined in section 6 of the Companies Act, 1956. ] (b) Opening of account during temporary visit: - An account may be opened in the name of an eligible NRI during his temporary visit to India against tender of foreign currency travellers cheques or foreign currency notes and coins tendered, provided the authorised dealer is satisfied that the person has not ceased to be a non-resident. 2 (c) Operations by Power of Attorney: - Authorised dealers/ authorised banks may allow operations on an NRE account in terms of Power of Attorney or other authority granted in favour of a resident by the non-resident account holder, provided such operations are restricted to withdrawals for local payments or remittance to the account holder himself through normal banking channels. In cases where the account holder or a bank designated by him is eligible to make investments in India, the Power of Attorney holder may be permitted by the authorised dealers/banks to operate the account to facilitate such investment. The resident Power of Attorney holder shall not, however, be allowed to repatriate outside India funds held in the account under any circumstances other than to the account holder himself, nor to make payment by way of gift to a resident on behalf of the account holder or to transfer funds from the account to another NRE account. (d) Special Series of Cheques: - For easy identification and quicker processing of cheques drawn on NRE accounts, authorised dealers/banks shall issue cheque books containing a special series of cheques to their constituents holding NRE accounts. (e) Temporary over drawings: - Authorised dealers/authorised banks may at their discretion/commercial judgement allow for a period of not more than two weeks, overdrawings in NRE savings bank accounts, upto a limit of ₹ 50,000 subject to the condition that such overdrawings together with the interest payable thereon are cleared/repaid within the said period of two weeks, out of inward remittances through normal banking channels or by transfer of funds from other NRE/FCNR accounts. (f) Remittances abroad by Resident nominee: - Application from a resident nominee for remittance of funds outside India for meeting the liabilities, if any, of the deceased account holder or for similar other purposes, should be forwarded to the Reserve Bank for consideration. (g) Tax Exemption: - Income from interest on balances standing to the credit of NRE Accounts is exempt from Income Tax. Likewise balances held in such accounts are exempt from wealth tax. (h) Reporting: - The transactions in these accounts shall be reported to the Reserve Bank in accordance with the directions issued by it from time to time. ****************** Notes : 1. Has been substituted vide Notification No. 064/2002 dated 29/6/2002 , before it was read as, Refund of application/earnest money made by the house building agencies on account of non-allotment of flat/plot, together with interest, if any (net of income tax payable thereon), provided the original payment was made out of NRE/FCNR account of the account holder or remittance from outside India through normal banking channels and the authorised dealer is satisfied about the genuineness of the transaction. 2. Has been substituted vide Notification No. 133/2005 dated 1/4/2005 , before it was read as, Operations by Power of attorney : Authorised dealers/authorised banks may allow operations on an NRE account in terms of Power of Attorney or other authority granted in favour of a resident by the non-resident account holder, provided such operations are restricted to withdrawals for local payments. In cases where the account holder or a bank designated by him is eligible to make investments in India, the Power of Attorney holder may be permitted by authorised dealers to operate the account to facilitate such investment. The resident Power of Attorney holder shall not, however, be allowed to repatriate outside India funds held in the account under any circumstances or make payment by way of gift to a resident on behalf of the account holder or transfer funds from the account to another NRE account. 3. Inserted vide G.S.R. 495(E) dated 13/6/2007 4. Substituted vide Notification No. FEMA 235/2012-RB, Dated 25-09-2012 , with effect from the 15th day of September, 2011, before it was read as;- Joint accounts-: Joint accounts in the names of two or more non-resident individuals may be opened provided all the account holders are persons of Indian nationality or origin. When one of the joint holders becomes resident, the authorised dealer may either delete his name and allow the account to continue as a NRE account or redesignate the account as a resident account, at the option of the account holders. Opening of these accounts by a non-resident jointly with a resident is not permissible.