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        Customs, DGFT & SEZ

        Definition of 'Infrastructure Loan' of NBFCs - Harmonisation

        December 29, 2012

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        RBI/2012-13/351

        DNBS.PD.CC.No. 317/03.10.001/2012-13

        December 28, 2012

        All NBFCs

        Dear Sir/Madam,

        Please refer to RBI’s circular DBOD.No.BP.BC.58/ 08.12.014/2012-13 dated November 20, 2012 on ‘Second Quarter Review of Monetary Policy 2012-13 – Definition of Infrastructure Lending' in terms of which the definition of ‘infrastructure lending for the purpose of financing of infrastructure by the banks and Financial Institutions’ has been harmonized with that of the Master List of Infrastructure sub-sectors’ notified by the Government of India on March 27, 2012. It has been decided to harmonise the definition of infrastructure lending for NBFCs with that of banks.

        2. Accordingly, the extant definition of infrastructure loan given in the NBFC Prudential Norms Directions, 2007 stands amended with immediate effect. The revised definition of ‘infrastructure loan’ is given in the Annex to this circular. Also please find enclosed the amending notification of date for meticulous compliance.

        3. The exposure of NBFCs to projects under sub-sectors which were included under our previous definition of infrastructure, but not included under the revised definition, will continue to get the benefits under ‘infrastructure lending’ for such exposures till the completion of the projects. However, any fresh lending to those sub-sectors from the date of this circular will not qualify as ‘infrastructure lending’.

        Yours faithfully,

        (C.R.Samyuktha)

        Chief General Manager


        Annex

        List of sub-sectors for ‘Infrastructure Loan’

        “Infrastructure loan” means a credit facility extended by NBFCs to a borrower for exposure in the following infrastructure sub-sectors:

        Sl.No.

        Category

        Infrastructure sub-sectors

        1.

        Transport

        i. Roads and bridges

        ii. Ports

        iii. Inland Waterways

        iv. Airport

        v. Railway Track, tunnels, viaducts, bridges1

        vi. Urban Public Transport (except rolling stock in case of urban road transport)

        2.

        Energy

        i. Electricity Generation

        ii. Electricity Transmission

        iii. Electricity Distribution

        iv. Oil pipelines

        v. Oil/Gas/Liquefied Natural Gas (LNG) storage facility2

        vi. Gas pipelines3

        3.

        Water & Sanitation

        i. Solid Waste Management

        ii. Water supply pipelines

        iii. Water treatment plants

        iv. Sewage collection, treatment and disposal system

        v. Irrigation (dams, channels, embankments etc)

        vi. Storm Water Drainage System

        4.

        Communication

        i.Telecommunication (Fixed network) 4

        ii. Telecommunication towers

        5.

        Social and Commercial Infrastructure

        i. Education Institutions (capital stock)

        ii. Hospitals (capital stock)5

        iii. Three-star or higher category classified hotels located outside cities with population of more than 1 million

        iv. Common infrastructure for industrial parks, SEZ, tourism facilities and agriculture markets

        v. Fertilizer (Capital investment)

        vi. Post-harvest storage infrastructure for agriculture and horticultural produce including cold storage

        vii. Terminal markets

        viii. Soil-testing laboratories

        ix. Cold Chain6

        Notes:

        1. Includes supporting terminal infrastructure such as loading/unloading terminals, stations and buildings

        2. Includes strategic storage of crude oil

        3. Includes city gas distribution network

        4. Includes optic fibre/cable networks which provide broadband / internet

        5. Includes Medical Colleges, Para Medical Training Institutes and Diagnostics Centres

        6. Includes cold room facility for farm level pre-cooling, for preservation or storage of agriculture and allied produce, marine products and meat.


        RESERVE BANK OF INDIA

        DEPARTMENT OF NON-BANKING SUPERVISION

        CENTRAL OFFICE

        CENTRE I, WORLD TRADE CENTRE,

        CUFFE PARADE, COLABA,

        MUMBAI 400 005.

        Notification no. DNBS. 253/CGM(CRS)-2012 dated December 28, 2012

        The Reserve Bank of India, having considered it necessary in public interest and being satisfied that, for the purpose of enabling the Bank to regulate the credit system to the advantage of the country, it is necessary to amend the Non-Banking Financial (Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007 (hereinafter referred to as the said Directions) contained in Notification No. DNBS. 192/DG(VL)-2007 dated February 22, 2007, in exercise of the powers conferred by section 45JA of the Reserve Bank of India Act, 1934 (2 of 1934) and of all the powers enabling it in this behalf, hereby directs that the said Directions shall be amended with immediate effect as follows-

        Amendment of paragraph 2(1)(viii)-

        Paragraph 2(1) (viii) may be replaced with the following:

        “Infrastructure loan” means a credit facility extended by NBFCs to a borrower for exposure in the following infrastructure sub-sectors:

        Sr.No.

        Category

        Infrastructure sub-sectors

        1.

        Transport

        i. Roads and bridges

        ii. Ports

        iii. Inland Waterways

        iv. Airport

        v. Railway Track, tunnels, viaducts, bridges1

        vi. Urban Public Transport (except rolling stock in case of urban road transport)

        2.

        Energy

        i. Electricity Generation

        ii. Electricity Transmission

        iii. Electricity Distribution

        iv. Oil pipelines

        v. Oil/Gas/Liquefied Natural Gas (LNG) storage facility2

        vi. Gas pipelines3

        3.

        Water & Sanitation

        i. Solid Waste Management

        ii. Water supply pipelines

        iii. Water treatment plants

        iv. Sewage collection, treatment and disposal system

        v. Irrigation (dams, channels, embankments etc)

        vi. Storm Water Drainage System

        4.

        Communication

        i. Telecommunication (Fixed network)4

        ii. Telecommunication towers

        5.

        Social and Commercial Infrastructure

        i. Education Institutions (capital stock)

        ii. Hospitals (capital stock)5

        iii. Three-star or higher category classified hotels located outside cities with population of more than 1 million

        iv. Common infrastructure for industrial parks, SEZ, tourism facilities and agriculture markets

        v. Fertilizer (Capital investment)

        vi. Post-harvest storage infrastructure for agriculture and horticultural produce including cold storage

        vii. Terminal markets

        viii. Soil-testing laboratories

        ix. Cold Chain6

        Notes:

        1. Includes supporting terminal infrastructure such as loading/unloading terminals, stations and buildings

        2. Includes strategic storage of crude oil

        3. Includes city gas distribution network

        4. Includes optic fibre/cable networks which provide broadband / internet

        5. Includes Medical Colleges, Para Medical Training Institutes and Diagnostics Centres

        6. Includes cold room facility for farm level pre-cooling, for preservation or storage of agriculture and allied produce, marine products and meat.

        (C.R.Samyuktha)

        Chief General Manager


        RESERVE BANK OF INDIA

        DEPARTMENT OF NON-BANKING SUPERVISION

        CENTRAL OFFICE

        CENTRE I, WORLD TRADE CENTRE,

        CUFFE PARADE, COLABA,

        MUMBAI 400 005.

        Notification no. DNBS. 254/CGM(CRS)-2012 dated December 28, 2012

        The Reserve Bank of India, having considered it necessary in public interest and being satisfied that, for the purpose of enabling the Bank to regulate the credit system to the advantage of the country, it is necessary to amend the Non-Banking Financial (Non-Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2007 (hereinafter referred to as the said Directions) contained in Notification No. DNBS. 193/DG(VL)-2007 dated February 22, 2007, in exercise of the powers conferred by section 45JA of the Reserve Bank of India Act, 1934 (2 of 1934) and of all the powers enabling it in this behalf, hereby directs that the said Directions shall be amended with immediate effect as follows, namely -

        Amendment of paragraph 2(1)(viii)-

        Paragraph 2(1)(viii) may be replaced with the following:

        “Infrastructure loan” means a credit facility extended by NBFCs to a borrower for exposure in the following infrastructure sub-sectors:

        Sr.No.

        Category

        Infrastructure sub-sectors

        1.

        Transport

        i. Roads and bridges

        ii. Ports

        iii. Inland Waterways

        iv. Airport

        v. Railway Track, tunnels, viaducts, bridges1

        vi. Urban Public Transport (except rolling stock in case of urban road transport)

        2.

        Energy

        i. Electricity Generation

        ii. Electricity Transmission

        iii. Electricity Distribution

        iv. Oil pipelines

        v. Oil/Gas/Liquefied Natural Gas (LNG) storage facility2

        vi. Gas pipelines3

        3.

        Water & Sanitation

        i. Solid Waste Management

        ii. Water supply pipelines

        iii. Water treatment plants

        iv. Sewage collection, treatment and disposal system

        v. Irrigation (dams, channels, embankments etc)

        vi. Storm Water Drainage System

        4.

        Communication

        i. Telecommunication (Fixed network)4

        ii. Telecommunication towers

        5.

        Social and Commercial Infrastructure

        i. Education Institutions (capital stock)

        ii. Hospitals (capital stock)5

        iii. Three-star or higher category classified hotels located outside cities with population of more than 1 million

        iv. Common infrastructure for industrial parks, SEZ, tourism facilities and agriculture markets

        v. Fertilizer (Capital investment)

        vi. Post-harvest storage infrastructure for agriculture and horticultural produce including cold storage

        vii. Terminal markets

        viii. Soil-testing laboratories
        ix. Cold Chain6

        Notes:

        1. Includes supporting terminal infrastructure such as loading/unloading terminals, stations and buildings

        2. Includes strategic storage of crude oil

        3. Includes city gas distribution network

        4. Includes optic fibre/cable networks which provide broadband / internet

        5. Includes Medical Colleges, Para Medical Training Institutes and Diagnostics Centres

        6. Includes cold room facility for farm level pre-cooling, for preservation or storage of agriculture and allied produce, marine products and meat.

        (C.R. Samyuktha)

        Chief General Manager

        Infrastructure loan definition harmonisation revises NBFC eligibility and sectoral list for infrastructure lending, with transitional protection for existing exposures. The Reserve Bank harmonised the definition of infrastructure loan for NBFCs with the Government's Master List by replacing paragraph 2(1)(viii) in the Prudential Norms Directions; the revised definition lists five categories (Transport, Energy, Water & Sanitation, Communication, Social and Commercial Infrastructure) and their constituent sub-sectors. Existing exposures that qualified under the prior definition but are excluded under the revised list remain eligible until project completion, while fresh lending to omitted sub-sectors after the circular's date will not qualify as infrastructure lending.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Infrastructure loan definition harmonisation revises NBFC eligibility and sectoral list for infrastructure lending, with transitional protection for existing exposures.

                                The Reserve Bank harmonised the definition of infrastructure loan for NBFCs with the Government's Master List by replacing paragraph 2(1)(viii) in the Prudential Norms Directions; the revised definition lists five categories (Transport, Energy, Water & Sanitation, Communication, Social and Commercial Infrastructure) and their constituent sub-sectors. Existing exposures that qualified under the prior definition but are excluded under the revised list remain eligible until project completion, while fresh lending to omitted sub-sectors after the circular's date will not qualify as infrastructure lending.





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                                ActsIncome Tax
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