HFCs (NHB) - Directions 2010
HFCs (NHB) - Directions 2010
HFCs (NHB) - Directions 2010
CHAPTER I - PRELIMINARY
Short title, commencement and applicability of the Directions
1. (1) These Directions shall be known as the Housing Finance Companies (NHB) Directions,
2010. They shall come into force from the date of publication in the Official Gazette and any
reference in these Directions to the date of commencement thereof shall be deemed to be a
reference to that date.
(2) Unless otherwise directed by the National Housing Bank, these Directions except the
Directions contained in Chapter IV shall be applicable to every housing finance company
registered under section 29A of the National Housing Bank Act, 1987 (53 of 1987).
Directions contained in Chapter IV shall be applicable to every auditor of a housing finance
company.
Definitions
2. (1) In these Directions, unless the context otherwise requires,
(a) “banking company” means a banking company as defined in Section 5(c) of the Banking
Regulation Act, 1949 (10 of 1949);
(b) “breakup value” means the equity capital and reserves as reduced by intangible assets and
revaluation reserves, divided by the number of equity shares of the investee company;
(c) “carrying cost” means book value of the assets and interest accrued thereon but not
received;
(d) “company” means a company as defined in Section 45 I (aa) of the Reserve Bank of India
1Published in the Gazette of India Part III Section 4 dated June 26, 2010
Act, 1934 (2 of 1934) but does not include a company which is being wound up under any
law for the time being in force;
(e) "control" shall have the same meaning as is assigned to it under clause (c) of sub-
regulation (1) of regulation 2 of Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 1997.
(f) “current investment” means an investment which is by its nature readily realisable and is
intended to be held for not more than one year from the date on which such investment is
made;
(g) “deposit” shall have the same meaning as assigned to it in Section 45 I (bb) of the Reserve
Bank of India Act, 1934 (2 of 1934);
(h) “depositor” means any person who has made a deposit with the housing finance company
or a heir, legal representative, administrator or assignee of the depositor;
(i) “doubtful asset” means a term loan, or a leased asset, or a hire purchase asset, or any other
asset, which remains a substandard asset for a period exceeding two years;
Provided that with effect from March 31, 2005, “doubtful asset” shall mean a term loan, or a
leased asset, or a hire purchase asset, or any other asset, which remains a sub-standard asset
for a period exceeding twelve months;
(j) “earning value” means the value of an equity share computed by the average of profits
after tax as reduced by the preference dividend and adjusted for extra ordinary and non
recurring items, for the immediately preceding three years and further divided by the number
of equity shares of the investee company and capitalised at the following rate:-
(i) in case of predominantly manufacturing company, eight percent;
(ii) in case of predominantly trading company, ten percent; and
(iii) in case of any other company, including a Housing Finance Company, twelve percent;
Note: If an investee company is a loss making company, the earning value will be
taken as zero;
(k) “ fair value” means the mean of the earning value and the breakup value;
(l) “free reserves” shall include the balance in the share premium account, capital and
debenture redemption reserves and any other reserve shown or published in the balance sheet
of the company and created through an allocation of profits, not being (1) a reserve created
for repayment of any future liability or for depreciation in assets or for bad debt or (2) a
reserve created by revaluation of the assets of the company;
(m) “housing finance company” means a company incorporated under the Companies Act,
1956 (1 of 1956) which primarily transacts or has as one of its principal objects, the
transacting of the business of providing finance for housing, whether directly or indirectly;
(n) “hybrid debt” means capital instrument which possesses certain characteristics of equity
as well as of debt;
(o) “Innovative perpetual debt” means hybrid debt issued in accordance with the terms and
conditions stipulated in the Circular issued by National Housing Bank in this regard.
(p) “lending public financial institution” means -
(i) a public financial institution specified in or under section 4A of the Companies Act,
1956 (1 of 1956); or
(ii) a State Financial Corporation or a State Industrial Investment Corporation; or
(iii) a scheduled commercial bank; or
(iv) the General Insurance Corporation of India established in pursuance of the provisions
of section 9 of the General Insurance Business (Nationalisation) Act, 1972 (57 of
1972); or
(v) any other Institution which the National Housing Bank may, by notification, specify
in this behalf;
(q) “long term investment” means an investment other than a current investment;
(r) “loss asset” means -
(i) an asset which has been identified as loss asset by the housing finance company or its
internal or external auditor or by the National Housing Bank, to the extent it is not
written off by the housing finance company; and
(ii) an asset which is adversely affected by a potential threat of non recoverability due to
any one of the following, namely:-
(a) non-availability of security, either primary or collateral, in case of secured loans
and advances;
(b) erosion in value of security, either primary or collateral, is established;
(c) insurance claim, if any, has been denied or settled in part;
(d) fraudulent act or omission on the part of the borrower;
(e) the debt becoming time barred under Limitation Act, 1963 (36 of 1963);
(f) inchoate or defective documentation.
Explanation- For the removal of doubt, it is clarified that mere right of the housing
finance company to file suit against the borrower/guarantor for recovery of dues does
not debar the National Housing Bank or the auditors to consider the asset or part
thereof as loss asset due to aforesaid reasons;
(s) “net asset value” means the latest declared net asset value by the concerned mutual fund in
respect of that particular scheme;
(t) “net book value” means -
(i) in the case of hire purchase asset, the aggregate of overdue and future installments
receivable as reduced by the balance of the unmatured finance charges and further
reduced by the provisions made as per paragraph 24(2)(i) of these directions;
(ii) in the case of leased assets, aggregate of capital portion of overdue lease rentals
accounted as receivable and depreciated book value of the lease asset as adjusted by
the balance of lease adjustment account;
(u) “net owned fund” means net owned fund as defined under section 29A of the National
Housing Bank Act, 1987 including paid up preference shares which are compulsorily
convertible into equity capital.
(v) “non-performing asset” (referred to in these directions as “NPA”) means:-
(i) a loan asset, in respect of which, interest has remained past due for six months;
(ii) a term loan (other than the one granted to an agriculturist or to a person whose income
is dependent on the harvest of crops) inclusive of unpaid interest, when the
installment is overdue for more than six months or on which interest amount
remained past due for six months;
(iii) a bill of exchange which remains over due for six months;
(iv) the interest in respect of a debt or the income on a receivable under the head ‘other
current assets’ in the nature of short term loans/advances, which facility remained
over due for a period of six months;
(v) any dues on account of sale of assets or services rendered or reimbursement of
expenses incurred, which remained over due for a period of six months;
(vi) the lease rental and hire purchase installment, which has become over due for a
period of more than twelve months;
(vii) an inter corporate deposit, in respect of which interest or principal has remained over
due for a period of six months;
Provided that with effect from March 31, 2005, “non-performing asset” shall mean:-
(i) an asset, in respect of which, interest has remained overdue for a period of ninety
days or more;
(ii) a term loan (other than the one granted to an agriculturist or to a person whose
income is dependent on the harvest of crops) inclusive of unpaid interest, when the
installment is overdue for a period of ninety days or more or on which interest
amount remained overdue for a period of ninety days or more;
(iii) a demand or call loan, which remained overdue for a period of ninety days or more
from the date of demand or call or on which interest amount remained overdue for a
period of ninety days or more;
(iv) a bill which remains overdue for a period of ninety days or more;
(v) the interest in respect of a debt or the income on receivables under the head ‘other
current assets’ in the nature of short term loans/advances, which facility remained
overdue for a period of ninety days or more;
(vi) any dues on account of sale of assets or services rendered or reimbursement of
expenses incurred, which remained over due for a period of ninety days or more;
(vii) the lease rental and hire purchase installment, which has become over due for a
period of ninety days or more;
(viii) an inter corporate deposit, in respect of which interest or principal has remained
overdue for a period of ninety days or more.
(ix) a term loan granted to an agriculturist or to a person whose income is dependent on
the harvest of crops if the installment of principal or interest thereon remains
unpaid:
(a) for two crop seasons beyond the due date if the income of the borrower is
dependent on short duration crops, or
(b for one crop season beyond the due date if the income of the borrower is
dependent on long duration crop.
Explanation –
(1) For the purpose of this sub-clause “long duration” crops would be crops with
crop season longer than one year and crops, which are not “long duration”
crops, would be treated as “short duration” crops.
(2) The crop season for each crop means the period up to harvesting of the crops
raised, would be as determined by the State Level Bankers’ Committee in each
State.
(w) “owned fund” means paid up capital including preference shares compulsorily convertible
into equity shares, free reserves, balance in share premium account and capital reserves
representing surplus arising out of sale proceeds of asset, excluding reserves created by
revaluation of asset, as reduced by accumulated loss balance, book value of intangible assets
and deferred revenue expenditure, if any;
(x) “past due” means an amount of income or interest which remains unpaid for a period of
thirty days beyond the due date;
(y) “public deposit” means a deposit but does not include the following, namely:-
(i) any amount received from the Central Government or a State Government or any
amount received from any other source and whose repayment is guaranteed by the Central
Government or a State Government or any amount received from a local authority or any
public housing agency, or a foreign Government or any other foreign citizen, authority or
person;
(ii) any amount received from the National Housing Bank, established under the
National Housing Bank Act, 1987 (53 of 1987), or the Industrial Development Bank of
India established under the Industrial Development Bank of India Act, 1964 (18 of 1964)
or the Life Insurance Corporation of India established under the Life Insurance
Corporation Act, 1956 (31 of 1956) or the General Insurance Corporation of India and its
subsidiaries established in pursuance of the provisions of section 9 of the General
Insurance Business (Nationalisation) Act, 1972 (57 of 1972) or the Small Industries
Development Bank of India established under the Small Industries Development Bank of
India Act, 1989 (39 of 1989) or the Unit Trust of India established under the Unit Trust
of India Act, 1963 (52 of 1963) or National Bank for Agriculture and Rural Development
established under the National Bank for Agriculture and Rural Development Act, 1982 or
an Electricity Board constituted under the Electricity (Supply) Act, 1948 or the Tamil
Nadu Industrial Investment Corporation Ltd., or the National Industrial Development
Corporation of India Ltd., or the Industrial Credit & Investment Corporation of India Ltd.,
or the Industrial Finance Corporation of India Ltd., or the Industrial Investment Bank of
India Ltd., or State Trading Corporation of India Ltd., or the Rural Electrification
Corporation Ltd., or the Minerals and Metals Trading Corporation of India Ltd., or the
Agricultural Finance Corporation Ltd., or the State Industrial and Investment Corporation
of Maharashtra Ltd., or the Gujarat Industrial Investment Corporation Ltd.,or Asian
Development Bank or International Finance Corporation or [Japan Bank for International
Cooperation (JBIC)]1or Kreditanstalt für Wiederaufbau (KfW) or any other institution that
may be specified by the National Housing Bank in this behalf;
(iii) any amount received by a housing finance company from another company;
(iv) any amount received by way of subscription to any share, stock, bonds or debentures
pending the allotment of the said shares, stock, bonds or debentures and any amount
received by way of calls in advance on shares, in accordance with the Articles of
Association of the housing finance company so long as such amount is not repayable to
the members under the Articles of Association of the housing finance company;
(v) any amount received from a person who at the time of receipt of the amount was a
Director of the housing finance company or any amount received from its shareholders by
a private housing finance company or by a private housing finance company which has
become a public housing finance company under section 43A of the Companies Act, 1956
and continues to include in its Articles of Association provisions relating to the matters
specified in clause (iii) of sub-section (1) of section 3 of the Companies Act, 1956 (1 of
1956):
Provided that the Director or shareholder, as the case may be, from whom the money is
received furnishes to the housing finance company at the time of giving the money, a
declaration in writing to the effect that the amount is not being given out of funds
acquired by him by borrowing or accepting from others;
Provided further that in the case of joint shareholders of a private limited company,
money received from or in the name of the joint shareholders except the first named
shareholder shall not be eligible to be treated as the receipt of money from the
shareholder of the company;
(vi) any amount raised by the issue of bonds or debentures secured by the mortgage of
any immovable property of the housing finance company; or by any other asset or with an
option to convert them into shares in the housing finance company provided that in the
case of such bonds or debentures secured by mortgage of any immovable property or
secured by other assets, the amount of such bonds or debentures shall not exceed the
market value of such immovable property/ other assets;
(vii) any amount brought in by the promoters by way of unsecured loan in pursuance of
stipulations of lending institutions subject to the fulfillment of the following conditions,
namely :-
(a) the loan is brought in pursuance of the stipulation imposed by the lending public
financial institution in fulfillment of the obligation of the promoters to contribute
such finance,
(b) the loan is provided by the promoters themselves and/or by their relatives, and not
from their friends and business associates, and
1Substituted by NHB.HFC.DIR. 4 / CMD/2012 dated January 19 , 2012 published in the Gazette of India,
Part III Section 4 dated February 18 , 2012. Prior to its substitution, the words in the clause (y)(ii) read as
under;
“………International Finance Corporation or the Overseas Economic Cooperation Fund (OECF) or…..”
(c) the exemption under this sub-clause shall be available only till the loan of the
lending public financial institution is repaid and not thereafter;
(viii) any amount received from a mutual fund which is governed by the Securities and
Exchange Board of India (Mutual Funds) Regulations, 1996;
(ix) any amount received as hybrid debt or subordinated debt the minimum maturity
period of which is not less than sixty months;
(x) any amount received from a relative of a director of a housing finance company;
[
(xi) any amount received by issuance of commercial paper, in accordance with the
guidelines issued by the Reserve Bank of India, vide Circular No. IECD.3/08.15.01/2000-
2001 dated October 10, 2000.]1
Note : The deposit shall be accepted only on an application made by the depositor
containing therein a declaration that as on the date of deposit, he is related to the specific
director in the capacity of a relative as defined under Companies Act, 1956 (1 of 1956);
(z) “public housing agency” shall include any authority, constituted in India by or under any
law, engaged either for the purpose of dealing with and satisfying the need for housing
accommodation or for the purpose of planning, development or improvement of cities, towns
and villages or for both.
(za) “securities” means securities as defined in section 2(h) of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956);
(zb) “standard asset” means the asset in respect of which, no default in repayment of principal
or payment of interest is perceived and which does not disclose any problem nor carry more
than normal risk attached to the business;
(zd) “subordinated debt” means a fully paid up capital instrument, which is unsecured and is
subordinated to the claims of other creditors and is free from restrictive clauses and is not
1 Inserted by NHB.HFC.DIR. 4 / CMD/2012 dated January 19, 2012 published in the Gazette of India, Part
III Section 4 dated February 18, 2012.
redeemable at the instance of the holder or without the consent of the supervisory authority of
the housing finance company. The book value of such instrument shall be subjected to
discounting as provided hereunder:
1 Substituted by NHB.HFC.DIR.3/CMD/2011 dated August 5, 2011 published in the Gazette of India, Part III Section 4
dated August 27, 2011. Prior to its substitution, sub-clause(iii) read as under:
“(iii) general provisions and loss reserves to the extent these are not attributable to actual diminution in value or
identifiable potential loss in any specific asset and are available to meet unexpected losses to the extent of
one and one fourth percent of risk weighted assets;”
Restriction on acceptance of deposits
3. (1) No housing finance company shall accept or renew public deposits unless the housing
finance company has obtained minimum investment grade rating for its fixed deposits from
any one of the approved rating agencies, at least once a year and a copy of the rating is sent to
the National Housing Bank and it is complying with all the prudential norms, provided that:
(i) a housing finance company having obtained credit rating for its fixed deposits not
below the minimum investment grade rating as above and complying with all the
prudential norms, may accept public deposits not exceeding five times of its NOF.
(ii) a housing finance company which does not have the requisite rating for its fixed
deposits shall obtain the same within a period of six months time from the date of
notification or such extended period as may be permitted by the National Housing
Bank, to obtain the prescribed rating for its fixed deposits.
1[
Approved Credit Rating Agencies and the Minimum Investment Grade Credit Rating
The names of approved credit rating agencies and the minimum credit rating shall be as
follows:-
Name of the agency Minimum Investment Grade Rating
(2) No housing finance company shall have deposits inclusive of public deposits, the
aggregate amount of which together with the amounts, if any, held by it which are referred in
clauses (iii) to (vii) of sub-section (bb) of Section 45 I of the Reserve Bank of India Act, 1934
(2 of 1934) as also loans or other assistance from the National Housing Bank, is in excess of
sixteen times of its NOF.
(3) Where a housing finance company holds as on the date of commencement of these
directions public deposits in excess of the limits specified in (1) above and as applicable to it
or deposits inclusive of the items mentioned in (2) above in excess of the limits specified in
(2) above, it shall -
(i) not accept fresh deposit or open new deposit account; or
(ii) not renew the existing deposit or where the deposits are received under any recurring
scheme, receive installments under such scheme after the expiry of the scheme
period;
1 Substituted by NHB.HFC.DIR.6/CMD/2012 dated August 1, 2012 published in the Gazette of India, Part III Section 4
dated September 8, 2012. Prior to its substitution, sub-paragraph (1) of paragraph 3 read as under:
“Approved Credit Rating Agencies
The names of approved credit rating agencies for the time being are as follows:-
(a) The Credit Rating Information Services of India Ltd. (CRISIL)
(b) ICRA Ltd.
(c) Credit Analysis & Research Ltd.(CARE)
(d) FITCH Ratings India Private Ltd.”.
(iii) reduce such excess deposit by repayment on maturity.
(4) In the event of down gradation of the credit rating to any level below investment grade,
the housing finance company shall
(i) report the position within fifteen working days to the National Housing Bank;
(ii) with immediate effect stop accepting fresh public deposit and
(iii) reduce such excess deposit by repayment on maturity.
Period of deposits
4. No housing finance company shall accept or renew any public deposit:
(a) which is repayable on demand or on notice; or
(b) unless such deposit is repayable after a period of twelve months or more but not later
than eighty four months from the date of acceptance or renewal of such deposits.
Explanation
Where a public deposit is in Instalments, the period of such deposit shall be computed from
the date of receipt of first Installment.
Joint deposit
5. Where so desired, deposits may be accepted in joint names with or without any of the
clauses, namely, “Either or Survivor”, “Number One or Survivor/s”, “Anyone or Survivor/s”.
Particulars to be specified in application form soliciting public deposits
6 (i) No housing finance company shall accept or renew any public deposit except on a
written application from the depositors in the form to be supplied by the housing finance
company, which form shall contain all the particulars specified in the Non-Banking Financial
Companies and Miscellaneous Non-Banking Companies (Advertisement) Rules, 1977, made
under section 58A of the Companies Act, 1956 (1 of 1956) and also contain the particulars of
the specific category of the depositors, i.e. whether the depositor is a shareholder or a director
or a promoter of the housing finance company or a member of public or a relative of a
director of the company.
(ii) The application form shall also contain the following:-
(a) the credit rating assigned for its deposits and the name of the credit rating agency
which rated the housing finance company;
(b) a statement to the effect that in case of any deficiency of the housing finance
company in servicing its deposits, the depositor may approach the National
Consumers Disputes Redressal Forum, the State Level Consumers Disputes
Redressal Forum or the District Level Consumers Dispute Redressal Forum for relief;
(c) a statement to the effect that in case of non-repayment of the deposit or part thereof in
accordance with the terms and conditions of the deposit, the depositor may make an
application to authorised officer of the National Housing Bank;
(d) a statement to the effect that the financial position of the housing finance company as
disclosed and the representations made in the application form are true and correct
and that the housing finance company and its Board of Directors are responsible for
the correctness and veracity thereof;
(e) a statement to the effect that the housing finance company is within the regulatory
framework of the National Housing Bank. It must, however, be distinctly understood
that the National Housing Bank does not undertake any responsibility for the
financial soundness of the housing finance company or for the correctness of any of
the statements or the representations made or opinions expressed by the housing
finance company; and for repayment of deposit/ discharge of liabilities by the
housing finance company;
(f) the information relating to and the aggregate dues from the facilities, both fund and
non-fund based, extended to, and the aggregate dues from companies in the same
group or other entities or business ventures in which the directors and/or the housing
finance company are/is holding substantial interest and the total amount of exposure
to such entities;
(g) at the end of application form but before signature of the depositor, the following
verification clause by the depositor shall be appended. “I have gone through the
financial and other statements/ particulars/representations furnished/ made by the
housing finance company and after careful consideration I am making the deposit
with the housing finance company at my own risk and volition.
Introduction of depositors
7. Every housing finance company shall obtain proper introduction of new depositors before
opening their accounts and accepting the deposits, and shall keep on its record the evidence
on which it has relied for the purpose of such introduction.
Explanation:
For the purpose of this paragraph, introduction shall mean identification of the prospective
depositor and may be done either by one of the existing depositors or on the basis of any one
of Income Tax Permanent Account Number (PAN), Election Identity Card, Passport, or
Ration Card.
Furnishing of receipts to depositors
8. (1) Every housing finance company shall furnish to every depositor or his agent, unless, it
has done so already, a receipt for every amount which has been or which may be received by
the housing finance company by way of deposit before or after the date of commencement of
these Directions.
(2) The said receipt should be duly signed by an officer entitled to act for the housing finance
company in this behalf and shall state the date of deposit, the name of depositor, the amount
in words and figures received by the housing finance company by way of deposit, rate of
interest payable thereon and the date on which the deposit is repayable.
Provided that, if such receipts pertain to Installments subsequent to the first installment of a
recurring deposit it may contain only name of the depositor/s, date and amount of deposit.
Register of deposits
9. (1) Every housing finance company shall keep one or more registers in which shall be
entered separately in the case of each depositor or group of joint depositors the following
particulars, namely,
(a) name and address of the depositor or group of joint depositors, their nominees,
(b) date and amount of each deposit,
(c) duration and due date of each deposit,
(d) date and amount of accrued interest or premium on each deposit,
(e) date and amount of each repayment, whether of principal, interest or premium,
(f) date of claim made by the depositor,
(g) the reasons for delay in repayment beyond five working days, and
(h) any other particulars relating to the deposits.
(2) The register or registers aforesaid shall be kept at each branch in respect of the deposit
accounts opened by that branch of the housing finance company and a consolidated register
for all the branches taken together at the registered office of the housing finance company and
shall be preserved in good order for a period of not less than eight years following the
financial year in which the latest entry is made of the repayment or renewal of any deposit of
which particulars are contained in the register:
Provided that, if the housing finance company keeps the books of account referred to in sub-
section (1) of Section 209 of the Companies Act, 1956 (1 of 1956) at any place other than its
Registered Office in accordance with the provisions to that sub-section, it shall be sufficient
compliance with this sub-paragraph if the register aforesaid is kept at such other place, subject
to the condition that the housing finance company delivers to the National Housing Bank a
copy of the notice filed with the Registrar under the proviso to the said sub-section within
seven days of such filing.
Information to be included in the Board’s Report
10. (1) In every report of the Board of Directors laid before the housing finance company in
a general meeting under sub-section (1) of Section 217 of the companies Act, 1956 (1 of
1956) after the date of commencement of these Directions there shall be included, the
following particulars or information, namely:
(a) the total number of accounts of public deposit of the housing finance company which
have not been claimed by the depositors or not paid by the housing finance company
after the date on which the deposit became due for re-payment; and
(b) the total amounts due under such accounts remaining unclaimed or unpaid beyond
the dates referred to in clause (a) as aforesaid.
(2) The said particulars or information shall be furnished with reference to the position as on
the last date of the financial year to which the report relates and if the amounts remaining
unclaimed or undisbursed as referred to in clause (b) of the preceding sub-paragraph exceed
in the aggregate the sum of rupees five lakhs, there shall also be included in the report a
statement on the steps taken or proposed to be taken by the Board of Directors for the
repayment of the amounts due to the depositors or group of joint depositors and remaining
unclaimed or undisbursed.
Ceiling on the rate of interest and brokerage and interest on overdue public deposits
11. (1) (a) On and from 6th July, 2007 no housing finance company shall invite or accept or
renew any public deposit at a rate of interest exceeding twelve and half per cent per annum
such interest being payable or compounded at rests which should not be shorter than monthly
rests.
(b) On and from 20th September 2003, no housing finance company shall invite or accept or
renew repatriable deposits from non-resident Indians in terms of Notification No.
FEMA.5/2000-RB dated May 03, 2000 under Non-Resident (External) Account Scheme at a
rate exceeding the rates specified by the Reserve Bank of India for such deposits with
scheduled commercial banks.
Explanation: The period of deposits shall not be less than one year and not more than three
years.
(c) No housing finance company shall pay to any broker on public deposit collected by or
through him,
(i) brokerage, commission, incentive or any other benefit by whatever name called in excess
of two per cent of the deposit so collected;
(ii) expenses by way of reimbursement on the basis or relative vouchers/bills produced by
him, in excess of 0.5% of the deposit so collected.
(2) Payment of interest on overdue deposit - A housing finance company may, at its
discretion, allow interest on an overdue public deposit or a portion of the said overdue deposit
from the date of maturity of the deposit subject to the conditions that -
(i) the total amount of overdue deposit or the part thereof is renewed in accordance with
other relevant provisions of these Directions, from the date of its maturity till some
future date, and
(ii) the interest allowed shall be at the appropriate rate operative on the date of maturity
of such overdue deposit which shall be payable only on the amount of deposit so
renewed:
Provided that where a housing finance company fails to repay the deposit along with interest
on maturity on the claim made by the depositor, the housing finance company shall pay
interest from the date of claim till the date of repayment at the rate as applicable to the
deposit.
General provisions regarding repayment of deposits
12. (i) No housing finance company shall repay any public deposit within a period of three
months from the date of its acceptance.
(ii) Where a housing finance company at the request of depositor/s repays a public deposit
after the period indicated in clause (i) above but before its maturity, it shall pay interest at the
following rate:
(a) minimum lock in period three months
(b) after three months but before six no interest
months
(c) After six months but before the The interest payable shall be two percent
date of maturity. lower than the interest rate applicable to a
public deposit for the period for which the
deposit has run or if no rate has been
specified for that period, then three percent
lower than the minimum rate at which the
public deposits are accepted by that Housing
Finance Company.
(iii) A housing finance company may grant a loan up to seventy-five percent of the amount of
public deposit to a depositor after the expiry of three months from the date of public deposit at
a rate of interest two percentage points above the interest rate payable on the public deposit.
(iv) It is obligatory on the part of a housing finance company to intimate the details of
maturity of the deposit to the depositor at least two months before the date of maturity of the
deposit.
(v) all deposit accounts standing to the credit of sole/first named depositor in the same
capacity shall be clubbed and treated as one deposit account for the purpose of premature
repayment.
(vi) Provided that in the event of death of a depositor, the public deposit may be paid
prematurely to the surviving depositor/s in the case of joint holding with the survivor clause,
or to the nominee or legal heir/s with interest at the contracted rate up to the date of
repayment.
(vii) For the purpose, housing finance companies are classified into two categories viz. a
problem housing finance company and a normally run housing finance company. A housing
finance company, which is normally run housing finance company, with effect from the date
of this notification, can permit premature repayment of a public deposit after the lock-in
period at its sole discretion only and premature closure cannot be claimed as a matter of right
by the depositors. The problem housing finance companies have been prohibited from making
premature repayment of any public deposits or granting any loan against public deposits
except in the case of death of the depositor or in the case of tiny deposit up to Rs.10,000/- in
entirety or to enable the depositor to meet expenses of an emergent nature up to an amount
not exceeding Rs.10,000/-.
A problem housing finance company is one which:
(i) has refused or failed to meet within five working days any lawful demand for
repayment of the matured public deposits; or
(ii) intimates the Company Law Board under section 58AA of the Companies Act, 1956,
about its default to a small depositor in repayment of any public deposit or part thereof
or any interest thereupon; or
(iii) approaches the Bank for withdrawal of the liquid asset securities to meet its deposit
obligations; or closure
(iv) approaches the Bank for any relief or relaxation or exemption from the provisions of
these directions for avoiding default in meeting public deposit or other obligations; or
has been identified by the National Housing Bank to be a problem housing finance company
either suo moto or based on the complaints from the depositors about non-repayment of
public deposits or on complaints from the company’s lenders about non-payment of dues.
Renewal of public deposit before maturity
13. Where any housing finance company permits an existing depositor to renew his public
deposit before maturity for availing the benefit of higher rate of interest, such company shall
pay the depositor the increase in the rate of interest provided,
(i) the public deposit is renewed in accordance with the other provisions of these directions
and for a period longer than the remaining period of the original contract; and
(ii) the interest on the expired period of the public deposit is reduced by one percentage
point from the rate at which the housing finance company would have ordinarily paid,
had the deposit been accepted for the period for which such public deposit had run; any
interest paid earlier in excess of such reduced rate is recovered/adjusted.
Safe custody of approved securities
14. (1) Every housing finance company shall entrust to one of the scheduled commercial
banks designated by it on that behalf, in the place where the registered office of the housing
finance company is situated, the unencumbered approved securities required to be maintained
by it in pursuance of Section 29B of the National Housing Bank Act, 1987;
Provided that where a housing finance company intends to entrust these securities to the
Stock Holding Corporation of India Ltd. or to its designated bankers at a place other than the
place at which its registered office is situated or to keep them in the form of Constituent’s
Subsidiary General Ledger Account with a schedule commercial bank, or with a depository
participant registered with Securities and Exchange Board of India established under
Securities and Exchange Board of India Act, 1992 (15 of 1992), it shall obtain the prior
approval in writing, of the National Housing Bank.
(2) the securities mentioned in sub-paragraph (1) above shall continue to be entrusted to such
designated banker or to the Stock Holding Corporation of India Ltd. or the depository
participant or held in the constituent’s subsidiary General Ledger Account with the scheduled
commercial bank for the benefit of the depositors and shall not be withdrawn or encashed or
otherwise dealt with by the housing finance company except for repayment to the depositors.
Provided that,
(1) a housing finance company shall be entitled to withdraw a portion of such securities
proportionate to the reduction of its deposits duly certified to that effect by its auditors;
(2) where the housing finance company intends to substitute such securities, it may do so by
entrusting substitute securities of equal value to the designated bank before such withdrawal.
Explanation
‘scheduled commercial bank’ means a bank included in the Second Schedule to the Reserve
Bank of India Act, 1934 (2 of 1934) excluding a Regional Rural Bank or a Co-operative
Bank.
Creation of Floating Charge in favour of the Depositors
15. All Housing Finance Companies accepting/holding public deposits shall create floating
charge on the assets invested by them in terms of sub-sections (1) and (2) of Section 29B of
the National Housing Bank Act, 1987 in favour of their depositors in a manner as may be
prescribed by National Housing Bank from time to time, in this behalf.
Employee Security Deposit
16. A housing finance company receiving any amount in the ordinary course of its business as
security deposit from any of its employees for due performance of his duties shall keep such
amount in an account with a scheduled commercial bank or in a post office in the joint names
of the employee and the housing finance company on the conditions that -
(1) it shall not withdraw the amount without the consent in writing of the employee; and
(2) the amount shall be repayable to the employee along with interest payable on such
deposit account unless such amount or any part thereof is liable to be appropriated by the
housing finance company for the failure on the part of the employee for due performance
of his duties.
Advertisements and statement in lieu of advertisement
17. (1) Every housing finance company soliciting public deposits shall comply with the
provisions of the Non-Banking Financial Companies and Miscellaneous Non-Banking
Companies (Advertisement) Rules, 1977 and shall also specify in every advertisement to be
issued thereunder, the following :
(a) the actual rate of return by way of interest, premium, bonus or other advantage to the
depositors;
(b) the mode of payment to the depositors;
(c) maturity period of deposits;
(d) the interest payable on a specified deposit;
(e) the rate of interest which will be payable to the depositors in case the depositor
withdraws the deposit prematurely;
(f) the terms and conditions subject to which a deposit will be renewed;
(g) any other special features relating to the terms and conditions subject to which the
deposits are accepted/ renewed; and
(h) the information, relating to the aggregate dues (including the non-fund based
facilities) provided to/ from companies in the same group or other entities or
business ventures in which the directors and/ or the housing finance company are
holding substantial interest and the total amount of exposure to such entities.
(2) Where a housing finance company intends to accept public deposits without inviting or
allowing or causing any other person to invite such deposits, it shall, before accepting
deposits, deliver to the office of the National Housing Bank at New Delhi for registration, a
statement in lieu of advertisement containing all the particulars required to be included in the
advertisement pursuant to the Non-Banking Financial Companies and Miscellaneous Non-
Banking Companies (Advertisement) Rules, 1977 as also the particulars stated in sub-
paragraph (1) hereinabove, duly signed in the manner provided in the aforesaid Rules.
(3) A statement, delivered under sub-paragraph (2) shall be valid till the expiry of six months
from the date of closure of the financial year in which it is so delivered, or until the date on
which the balance sheet is laid before the annual general meeting, or where the annual general
meeting for any year has not been held, the latest day on which that meeting should have been
held in accordance with the provisions of the Companies Act, 1956(1 of 1956), whichever is
earlier and a fresh statement shall be delivered in each succeeding financial year before
accepting deposits in that financial year.
Full cover for public deposits
18. HFCs should ensure that at all times there is full cover available for public deposits
accepted by them. While calculating this cover the value of all debentures (secured and
unsecured) and outside liabilities other than the aggregate liabilities to depositors may be
deducted from the total assets. Further, the assets should be evaluated at their book value or
realizable/market value whichever is lower for this purpose.
Prior approval for acquisition or transfer of control of deposit taking housing finance
companies
19. Any takeover or acquisition of control of a deposit taking housing finance company,
whether by acquisition of shares or otherwise, or any merger or amalgamation of a deposit
taking housing finance company with another entity, or any merger or amalgamation of an
entity with a deposit taking housing finance company, shall require prior approval of the
National Housing Bank in writing.
Application of other laws not barred
20. The provisions of paragraph 19 shall be in addition to, and not in derogation of the
provisions of any other law, rules, regulations or directions, for the time being in force.
Closure of Branches
21. No housing finance company accepting deposits shall close its branch/office without
publishing such intention in any one national level newspaper and in one vernacular
newspaper in circulation in the relevant place and without advising National Housing Bank,
before ninety days of the proposed closure.
Quoted current investments for each category shall be valued at cost or market value,
whichever is lower. For this purpose, the investments in each category shall be considered
scrip-wise and the cost and market value aggregated for all investments in each category. If
the aggregate market value for the category is less than the aggregate cost for that category,
the net depreciation shall be provided for or charged to the profit and loss account. If the
aggregate market value for the category exceeds the aggregate cost for the category, the net
appreciation shall be ignored. Depreciation in one category of investments shall not be set off
against appreciation in another category.
(4) Unquoted equity shares in the nature of current investments shall be valued at cost or
breakup value, whichever is lower. Where the balance sheet of the investee company is not
available for two years, such shares shall be valued at one rupee only.
(5) Unquoted preference shares in the nature of current investments shall be valued at cost or
face value or the net asset value whichever is less. In case the net asset value is negative or
the balance sheet of the investee company is not available for two years, it should be valued at
rupees one per company.
(6) Investments in unquoted Government securities or Government guaranteed bonds shall be
valued at carrying cost.
(7) Unquoted investments in the units of mutual funds in the nature of current investments
shall be valued at the net asset value declared by the mutual fund in respect of each particular
scheme.
(8) Commercial papers shall be valued at carrying cost.
Note: Unquoted debentures shall be treated as term loans or other type of credit facilities
depending upon the tenure of such debentures for the purpose of income recognition and asset
classification.
[
Loan to Value (LTV) Ratio
27A. No housing finance company shall (i) grant housing loans upto Rs 20 lakh to individuals
with LTV ratio exceeding 90% and (ii) grant all other housing loans above Rs 20 lakh to
individuals with LTV ratio exceeding 80%.]1
Provisioning requirement
28. Every housing finance company shall, after taking in to account the time lag between an
account becoming non-performing, its recognition as such, the realisation of the security and
the erosion over time in the value of security charged, make provision against sub-standard
assets, doubtful assets and loss assets as provided hereunder:-
[
Loans, Advances and Other Credit Facilities Including Bills Purchased and Discounted
1
Inserted by NHB.HFC.DIR.2/CMD/2010 dated 24th December, 2010, published in the Gazette of India, Part
III Section 4 dated 15th January, 2011.
(1) The provisioning requirement in respect of loans, advances and other credit facilities
including bills purchased and discounted shall be as under:-
(i) Loss Assets The entire assets shall be written off. If the assets are
permitted to remain in the books for any reason, 100% of
the outstandings shall be provided for.
(ii) Doubtful Assets (a) 100% provision to the extent to which the advance is
not covered by the realisable value of the security to which
the housing finance company has a valid recourse shall be
made. The realisable value is to be estimated on a realistic
basis;
(b) in addition to item (a) above, depending upon the
period for which the asset has remained doubtful, provision
to the extent of 25% to 100% of the secured portion (i.e.
estimated realisable value of the outstandings) shall be
made on the following basis:-
Period for which the asset has % of provision
been considered as doubtful
Up to one year 25
One to three years 40
More than three years 100
(iii) Sub-standard A general provision of 15% of total outstanding shall be
Assets made
Up to one year 20
One to three years 30
More than three years 50
[(b) Standard Assets in respect of commercial real 1.00% on the total outstanding
estates (office buildings, retail space, multi- amount of such loans
purpose commercial premises, multi-family
residential buildings, multi-tenanted
commercial premises, industrial or warehouse
space, hotels, land acquisition, development
and construction etc.)
(c) Standard Assets in respect of all loans other A general provision of 0.4% of
than (a) & (b) above the total outstanding amount of
loans which are standard assets
shall be made]1
.
2 [
Provided that no provision need be made towards the portion of the housing loan
guaranteed by the Credit Risk Guarantee Fund Trust for Low Income Housing (hereinafter
referred as ‘Credit Risk Guarantee Fund Trust’) created by Declaration of Trust dated May 1,
2012 executed by the Government of India and registered as document no. 1984 dated May 1,
2012 with the Sub-Registrar V, New Delhi, in case the housing loan guaranteed by Credit
Risk Guarantee Fund Trust becomes non-performing. However, the amount outstanding in
excess of the guaranteed portion should be provided for as per the extant directions on
provisioning requirement.]
Lease and hire purchase assets
(2) The provisioning requirements in respect of hire purchase and leased assets shall be as
under:-
Hire purchase assets
(i) In respect of hire purchase assets, the total dues (overdue and future installments taken
together) as reduced by the finance charges not credited to the profit and loss account and
carried forward as unmatured finance charges and the depreciated value of the underlying
asset, shall be provided for.
Explanation
For this purpose, the depreciated value of the asset shall be notionally computed as the
original cost of the asset to be reduced by depreciation at the rate of 20 percent per annum
on a straight line method. In the case of second hand asset, the original cost shall be the
actual cost incurred for acquisition of such second hand asset.
Additional provision for Hire Purchase and Leased assets
1Substituted by NHB.HFC.DIR. 4 / CMD/2012 dated January 19 , 2012 published in the Gazette of India,
Part III Section 4 dated February 18 , 2012. Prior to its substitution, clause (iv), for sub-clause (b) as inserted
by NHB.HFC.DIR. 3/CMD/2011 read as under;
“(iv) Standard Assets in respect of A general provision of 0.4% of the total outstanding amount of
non-housing loans non-housing loans which are standard assets shall be made.”
1Inserted by NHB.HFC.DIR.3/CMD/2011 dated August 5, 2011 published in the Gazette of India, Part III
Section 4 dated August 27, 2011.
(2) The provisions shall be distinctly indicated under separate heads of accounts separately
for housing and non-housing finance business and individually for each type of assets as
under:-
(a) provisions for sub-standard, bad and doubtful and loss assets; and
(b) provisions for depreciation in investments
(3) Such provisions shall not be appropriated from the general provisions and loss reserves
held, if any, by the housing finance company.
(4) Such provision for each year shall be debited to the profit and loss account. The excess of
provisions, if any, held under the heads general provisions and loss reserves may be written
back without making adjustment against them.
(5) Every housing finance company shall, separately disclose, in the ‘Notes on Accounts’ to
the Balance Sheet in its next Annual Report,
(a) the details of the levy of penalty, if any, imposed on the housing finance company by
the National Housing Bank; and
(b) adverse comments, if any, on the housing finance company made in writing by the
National Housing bank on regulatory compliances, with a specific communication to
the housing finance company to disclose the same to the public.
1 Substituted by NHB.HFC.DIR.2/CMD/2010 dated December 24, 2010, published in the Gazette of India,
Part III Section 4 dated January 15, 2011. Prior to its substitution, item code and risk weight given in the On
Balance Sheet assets at item (3) (b)(ii) & (iii) read as under:
“ b)
(b)(ii) Housing loans sanctioned to individuals upto 75
30 lakhs secured by mortgage immoveable property,
which are classified as standard assets
with LTV ratio is = or < 75%
(b)(iii) Housing loans sanctioned to individuals, 100
irrespective of the amount, secured by mortgage
of immoveable property, which are classified as
standard assets, where LTV ratio
is > 75%”
2 Substituted by NHB.HFC.DIR.8/CMD/2013 dated June 24, 2013. Prior to its substitution item c) read as
under:
“c) Other housing loans 100
AAA 20
AA 30
Below AA or unrated As applicable
to
unguaranteed
portion
Where ‘+’ or ‘-‘ notation is attached to the rating, the
corresponding main rating category risk weight should be
used.
1[
Off-Balance Sheet items
(2) A. General
HFCs will calculate the total risk weighted off-balance sheet credit exposure as the sum
of the risk-weighted amount of the market related and non-market related off-balance
sheet items. The risk-weighted amount of an off-balance sheet item that gives rise to
credit exposure will be calculated by means of a two-step process:
i. the notional amount of the transaction is converted into a credit equivalent amount, by
multiplying the amount by the specified credit conversion factor or by applying the
current exposure method; and
ii. the resulting credit equivalent amount is multiplied by the risk weight applicable, viz,
zero percent for exposure to Central Government/State Governments, 20 percent for
1 Substituted by NHB.HFC.DIR.7/CMD/2013 dated March 21, 2013. Prior to its substitution, Explanation No.(2)
of paragraph 30 read as under:
“Off-Balance Sheet items
(2) In these directions, degrees of credit risk exposure attached to off-balance sheet items have been expressed as
a percentage of credit conversion factor. Hence the face value of each item requires to be first multiplied by the
relevant conversion factor to arrive at risk adjusted value of off-balance sheet item. The aggregate shall be taken in
to account for reckoning the minimum capital ratio. This shall have to be again multiplied by the risk weight of
100. The risk weighted value of the off-balance sheet items shall be calculated as per the credit conversion factors
of non-funded items as detailed under:-
Nature of Items credit conversion factor (%)
Undisbursed amounts of Housing loans 50
sanctioned
Financial & Other guarantees 100
Shares/ debentures underwriting obligations 50
Partly-paid shares/ debentures 100
Bills discounted/ rediscounted 100
Lease contracts entered into but yet to be 100
executed
Other contingent liabilities (to be specified) 50
Provided that in item (i) above, in those cases where no documents are executed, no disbursement has
taken place and in case sanction lapses in course of time and notice to that effect is served on prospective
borrower, credit conversion factor shall be taken as 0% and in the case of partly disbursed housing loans credit
conversion factor shall be taken as 50%.
Note: Cash margins/ deposits shall be deducted before applying the conversion factor.
exposure to banks and 100 percent for others.
The credit equivalent amount in relation to a non-market related off-balance sheet item will be
determined by multiplying the contracted amount of that particular transaction by the relevant
credit conversion factor (CCF).
Credit Conversion Factors for interest rate related, exchange rate related and gold
related derivatives
Credit Conversion Factors (%)
Interest Rate Exchange Rate Contracts &
Contracts Gold
One year or less 0.50 2.00
Over one year to five years 1.00 10.00
Over five years 3.00 15.00
a. For contracts with multiple exchanges of principal, the add-on factors are to be
multiplied by the number of remaining payments in the contract.
b. For contracts that are structured to settle outstanding exposure following specified
payment dates and where the terms are reset such that the market value of the
contract is zero on these specified dates, the residual maturity would be set equal
to the time until the next reset date. However, in the case of interest rate contracts
which have residual maturities of more than one year and meet the above criteria,
the CCF or add-on factor is subject to a floor of 1.0 per cent.
c. No potential future credit exposure would be calculated for single currency
floating / floating interest rate swaps; the credit exposure on these contracts would
be evaluated solely on the basis of their mark-to-market value.
d. Potential future exposures should be based on ‘effective’ rather than ‘apparent
notional amounts’. In the event that the ‘stated notional amount’ is leveraged or
enhanced by the structure of the transaction, the ‘effective notional amount’ must
be used for determining potential future exposure. For example, a stated notional
amount of USD 1 million with payments based on an internal rate of two times the
lending rate of the HFC would have an effective notional amount of USD 2
million.
(b) If a deal is put through with the help of a broker, the role of the broker should be
restricted to that of bringing the two parties to the deal together.
(c)While negotiating the deal, the broker is not obliged to disclose the identity of the
counterparty to the deal. On conclusion of the deal, he should disclose the
counterparty and his contract note should clearly indicate the name of the
counterparty.
(d) On the basis of the contract note disclosing the name of the counterparty, settlement
of deals, viz. both fund settlement and delivery of security should be directly between
the parties and the broker should have no role to play in the process.
(e) With the approval of their top managements, housing finance companies should
prepare a panel of approved authorized brokers which should be reviewed annually or
more often if so warranted. Clear-cut criteria should be laid down for empanelment of
brokers, including verification of their creditworthiness, market reputation, etc. A
record of broker-wise details of deals put through and brokerage paid, should be
maintained.
(f) A disproportionate part of the business should not be transacted through only one or a
few brokers. Housing finance companies should fix aggregate contract limits for each
of the approved brokers. A limit of 5% of total transactions (both purchase and sales)
entered into by a housing finance company during a year should be treated as the
aggregate upper contract limit for each of the approved brokers. This limit should
cover both, the business initiated by a housing finance company and the business
offered / brought to the housing finance company by a broker. Housing finance
companies should ensure that the transactions entered into through individual brokers
during a year normally do not exceed this limit. However, if for any reason it becomes
necessary to exceed the aggregate limit for any broker, the specific reasons therefore
should be recorded, in writing, by the authority empowered to put through the deals.
Further, the board should be informed of this, post facto. However, the norm of 5%
would not be applicable (i) to a housing finance company whose total transactions in a
year do not exceed Rs 20 crores; and (ii) to housing finance companies’ dealings
through Primary Dealers.
(g) The auditors who audit the treasury operations should scrutinise the business done
through brokers also and include it in their monthly report to the Chief Executive
Officer of the housing finance company. Besides, the business put through any
individual broker or brokers in excess of the limit, with the reasons therefor, should be
covered in the half-yearly review to the Board of Directors.
(h) Housing finance companies may undertake securities transactions through stock
brokers only on National Stock Exchange/Bombay Stock Exchange/ Over the Counter
Exchange of India.
Concentration of credit/ investment
32. (1) No housing finance company shall,-
(i) lend to-
(a) any single borrower exceeding fifteen percent of its owned fund; and
(b) any single group of borrowers exceeding twenty-five percent of its owned
fund;
(ii) invest in-
(a) the shares of another company exceeding fifteen percent of its owned fund;
(b) the shares of a single group of companies exceeding twenty-five percent of its
owned funds;
(iii) lend and invest(loans/investments together) exceeding –
(a) twenty-five percent of its owned fund to a single party; and
(b) forty percent of its owned fund to a single group of parties.
1[
Provided that within the overall ceiling prescribed under Sub- paragraph (1),
investment of a housing finance company in the shares of another housing finance
company (other than its subsidiary/ies) shall not exceed fifteen per cent of the
equity capital of the investee company.]
[
Housing Finance Companies not to be partners in partnership firms.
32A. (1) No housing finance company shall contribute to the capital of a partnership firm or
become a partner of such firm.
1 Substituted by NHB.HFC.DIR.7/CMD/2013dated March 21, 2013. Prior to its substitution, proviso to sub-
paragraph (1) in paragraph 32, read as under:
“Provided that within the overall ceiling prescribed under Sub- paragraph (1), investment of a housing
finance company in the shares of another housing finance company shall not exceed ten per cent of the equity
capital of the investee company.”.
(2) A housing finance company, which had already contributed to the capital of a partnership
firm or was a partner of a partnership firm, shall seek early retirement from the partnership
firm.]1
1Inserted by NHB.HFC.DIR.3/CMD/2011 dated August 5, 2011 published in the Gazette of India, Part III
Section 4 dated August 27, 2011
(viii) where the housing finance company is not accepting/ holding public deposits – whether
(a) the Board of Directors has passed a resolution for non-acceptance of any public
deposits;
(b) the company has accepted any public deposits during the relevant period/ year;
(c) the company has complied with prudential norms.
Reasons to be stated for unfavourable or qualified statement
35. Where, in the auditor’s report, the statement regarding any of the items referred to in
paragraph 34 above is unfavourable or qualified, the auditor’s report shall also state the
reasons for such unfavourable or qualified statement, as the case may be. Where the auditor is
unable to express any opinion on any of the items referred to in paragraph 34 above, the
auditor’s report shall indicate such fact together with reasons therefor.
Obligation of auditor to report to the National Housing Bank
36. Where, in the case of a housing finance company, the statement regarding any of the items
referred to in paragraph 34 above is unfavourable or qualified or in the opinion of the auditor
the company has not complied with the provisions of these Directions or the provisions of
chapter V of the National Housing Bank Act, 1987, it shall be the obligation of the auditor to
make a report containing the details of such unfavourable or qualified statements and/or about
the non-compliance, as the case may be, in respect of the company to head office of the
National Housing Bank at New Delhi.
CHAPTER V – MISCELLANEOUS
1[
Opening of Branches/Offices
37 (1) A housing finance company shall, before opening a branch or an office in India,
inform the National Housing Bank in writing of its intention to open a branch or an office.
(2) No housing finance company shall open a branch outside India.
(3) No housing finance company shall open a representative office outside India without
obtaining prior approval in writing from the National Housing Bank.
The application from HFC seeking approval would be considered keeping in view the Non-
Banking Financial Companies (Opening of Branch/Subsidiary/Joint Venture/Representative
Office or Undertaking Investment Abroad by NBFCs) Directions, 2011, dated June 14, 2011,
issued by the Reserve Bank of India and shall be subject to the following:-
(i)The representative office can be set up outside India for the purpose of liaison work,
undertaking market study and research but not undertaking any activity which involves
outlay of funds, provided it is subject to regulation by a regulator in the host country. As
it is not envisaged that such office would be carrying on any activity other than liaison
work, no line of credit should be extended.
(ii)The HFC shall obtain periodical reports about the business undertaken by the
representative office outside India. If the representative office has not undertaken any
activity or such reports are not forthcoming, the approvals given for the purpose shall be
reviewed/ recalled.]
1 Substituted by NHB.HFC.DIR.7/CMD/2013dated March 21, 2013. Prior to its substitution, paragraph 37, read
as under:
“Opening of Branches
37. A housing finance company shall, before opening a branch or an office, inform National Housing Bank in
writing of its intention to open a branch or an office.”
38. (1) No housing finance company shall lend against its own shares.
(2) Any outstanding loan granted by a housing finance company against its own shares on the
date of commencement of these directions shall be recovered by the housing finance company
as per the repayment schedule.
HFC failing to repay public deposit prohibited from making loans and investments
39. A housing finance company which has failed to repay any public deposit or part thereof in
accordance with the terms and conditions of such deposit, as provided in section 36A(1) of
the National Housing Bank Act, 1987, shall not grant any loan or other credit facility by
whatever name called or make any investment or create any other asset as long as the default
exists.
Constitution of Audit Committee
40. A housing finance company having assets of Rs 50 crore and above as per its last audited
balance sheet shall constitute an Audit Committee consisting of not less than three non-
executive Directors of the Board.
Explanation
The Audit Committee constituted under this paragraph shall have the same powers, functions
and duties as laid down in section 292A of the Companies Act, 1956 (1 of 1956).
Accounting year
41. Every housing finance company shall prepare its balance sheet and profit and loss account
as on March 31 every year with effect from the accounting year ending on March 31, 2002:
Provided that if the accounting year of any housing finance company ends on any date other
than March 31, 2002, such housing finance company shall prepare its balance sheet and profit
and loss account for any fraction of the year ending on March 31, 2002.
Copies of balance sheet and accounts together with the Directors’ report to be furnished
to the National Housing Bank.
42. Every housing finance company shall deliver to the National Housing Bank an audited
balance sheet as on the last date of each financial year and audited profit and loss account in
respect of that year as passed by the housing finance company in General Meeting together
with a copy of the report of the Board of Directors laid before the housing finance company in
such meeting in terms of Section 217(1) of the Companies Act, 1956 (1 of 1956) within 15
days of such meeting as also a copy of the report and the notes on accounts furnished by its
Auditors.
Auditor’s Certificate
43. Every housing finance company holding/accepting public deposits shall furnish to the
National Housing Bank, along with the copy of the audited balance sheet as provided under
paragraph 42, a copy of the auditor’s report to the Board of Directors and a certificate from its
auditors to the effect that the full amount of liabilities to the depositors of the company
including interest payable thereon are properly reflected in the balance sheet and that the
company is in a position to meet the amount of such liabilities to the depositors.
Returns to be submitted to the National Housing Bank
44. (1) Without prejudice to the provisions of paragraph 42, every housing finance company
shall submit to the National Housing Bank :
(ii) any change in the list referred to in clause (i) of this sub-paragraph shall be intimated to
the National Housing Bank within one month from the occurrence of such change.
Balance-sheet, returns, etc. to be submitted to the office of National Housing Bank at
New Delhi
45. Any balance sheets, returns or information required to be submitted or furnished to the
National Housing Bank in pursuance of these Directions shall be submitted or furnished to the
office of National Housing Bank at New Delhi.
Exemptions
46. The National Housing Bank may, if it considers it necessary for avoiding any hardship or
for any other just and sufficient reason, grant extensions of time to comply with or exempt
any housing finance company or class of housing finance companies, from all or any of the
provisions of these Directions either generally or for any specified period subject to such
conditions as the National Housing Bank may impose.
Interpretations
47. For the purpose of giving effect to the provisions of these directions, the National Housing
Bank may, if it considers necessary, issue necessary clarifications in respect of any matter
covered herein and the interpretation of any provision of these directions given by the
National Housing Bank shall be final and binding on all the parties concerned.
Saving of action taken or that may be taken for contravention of the Housing Finance
Companies (NHB) Directions, 2001
48. It is hereby clarified that the supersession of the Housing Finance Companies (NHB)
Directions, 2001, as amended from time to time, shall not in any way affect:
(i) any right, obligation or liability acquired, accrued or incurred thereunder;
(iii) any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceedings or remedy may be instituted, continued, or
enforced and any such penalty, forfeiture or punishment may be imposed as if those
Directions had not been superseded.
SCHEDULE I
If yes, give the following details of such reserve fund for the financial year to which the return pertains :
(i) Amount outstanding at the beginning of the year :
(ii) Amount transferred to the fund during the year :
(iii) Whether any amount was appropriated from the reserve fund during the year: Yes/No
If yes, (a) the amount appropriated
(b) purpose of appropriation
PART – 1
(A)
(Amount in lakhs of )
10. Total [9(i) to (viii)] should tally with item 6 above 150
11. Break-up of deposits at item 6 above according to
the size of deposits
(i) upto Rs 5,000 161
(ii) Rs 5,001 to Rs 10,000 162
(iii) Rs 10,001 to Rs 25,000 163
(iv) Rs 25,001 to Rs 50,000 164
(v) Rs 50,001 to Rs 100,000 165
(vi) Over Rs 100,000* 166
12. Total [11(i) to (vi)] should tally with item 6 above 160
13. Of the total deposits at item 6 above
(i) those which have matured but not claimed 171
(ii)those which have matured and claimed but not 172
paid
14. Of the deposits of the type at item 4 above
(i) deposits outstanding at the beginning of the 181
year
(ii)deposits accepted/renewed during the year 182
(iii)deposits repaid during the year 183
(iv)deposits outstanding at the end of the year 184
15. Of the deposits of the type at item 5 above
(i) deposits outstanding at the beginning of the 191
year
(ii) deposits accepted/renewed during the year 192
(iii) deposits repaid during the year 193
(iv) deposits outstanding at the end of the year 194
(B)
Particulars of Deposits Mobilised [Items 14 (ii) and 15 (ii) of Part – 1(A)] During the Reporting Period
(Amount in lakhs of )
Item No. Particulars Item Code No. of Accounts Amount
1 2 3 4 5
1. Of the total deposits at item no.14 (ii) of Part- 111.1
1(A), those (i) Repayable on demand or on
notice*
Part-1(A)
3. Of the total deposits at item no. 15 (ii) of Part -
1(A)
(i) Repayable on demand or on notice* 121.1
(ii) For a period less than 12 months* 122.1
(iii) For a period of 12 months or more but less 123.1
than 24 months
(iv) For a period of 24 months or more but less 124.1
than 48 months
(v) For a period of 48 months or more but less 125.1
than 60 months.
(vi) For a period of 60 months 126.1
(vii) For a period more than 60 months but less 127.1
than 84 months
(viii) For a period of 84 months 128.1
(ix) For a period more than 84 months* 129.1
F A statement showing the rates of interest offered as also the rates of brokerage paid on different types of deposits according to
their periods i.e. exceeding 12 months, 24 months, 36 months etc. should also be submitted along with this part of the return.
@ Region details
Northern Region: Chandigharh, Delhi, Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab & Rajasthan
Central Region : Chhattisgharh, Madhya Pradesh, Uttar Pradesh & Uttaranchal
Western Region: Dadra & Nagar Haveli, Daman & Diu, Goa, Gujrat & Maharashtra
Eastern Region: Andaman & Nicobar Islands, Arunachal Pradesh, Assam, Bihar, Jarkhand, Manipur, Meghalaya, Mizoram,
Nagaland, Orissa, Sikkim, Tripura & West Bengal
Southern Region: Andhra Pradesh, Karnataka, Kerala, Lakshadweep, Pondicherry & Tamil Nadu
Public Deposits
PART – 2
PART – 3
12. Outstanding loans and advances (including hire purchase and lease
finance) to and deposits with
(a) Subsidiaries 346
(b) Companies in the same group (Details to be furnished in separate 347
Annexure)
13. Total (341 to 347) 340
14. Amount of item 340 in excess of 10% of item 330 above 350
15. Net owned funds (330 – 350) 300
PART – 4
1Substituted by NHB.HFC.DIR.4/CMD/2012 dated 19th January, 2012 published in the Gazette of India, Part III- Sec.4 dated
18th February, 2012.
(b) Companies, firms and proprietary concerns where directors of the 413
company hold substantial interest
PART – 4.1
(A)
(Amount in lakhs of )
Sch.Caste Sch.Tribe
No. Amt No. Amt No. Amt No. Amt No. Amt
1 Substituted by NHB.HFC.DIR.4/CMD/2012 dated 19th January, 2012 published in the Gazette of India, Part III- Sec.4 dated
18th February, 2012.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Sub-total 450
(B)
No. Amt No. Amt No. Amt No. Amt No. Amt
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Sub-total 460
Category/size of Item Urban Rural Total Of Which to Repai Outsta Gross Non-
housing loans ( ) Code d nding performing
during as on Assets as
the March on March
year 31, 31,__
___
Sch.Caste Sch.Tribe
N0. Amt No. Amt No. Amt No. Amt No. Amt
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
upto 2,00,000
471
*Note: Please note that the Grand Total (item code 480) of Column 14 should be equal to Item Code 411 of Part 4.
(D)
No. Amt No Amt No. Amt No. Amt No. Amt No. Amt No. Amt
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Andhra
Pradesh 28
Arunachal
Pradesh 12
Assam 18
Bihar 10
Chhattisgarh 22
Delhi 07
Goa 30
Gujarat 24
Haryana 06
Himachal
Pradesh 02
Jammu and
Kashmir 01
Jharkhand 20
Karnataka 29
Kerala 32
Madhya
Pradesh 23
Maharashtra 27
Manipur 14
Meghalaya 17
Mizoram 15
Nagaland 13
Odisha 21
Punjab 03
Rajasthan 08
Sikkim 11
Tamil Nadu 33
Tripura 16
Uttarakhand 05
Uttar
Pradesh 09
West Bengal 19
S50
Union Territory
Chandigarh 04
Puducherry 34
Dadra and
Nagar Haveli 26
Daman and
Diu 25
Lakshadwee
p 31
Andaman
and Nicobar
Islands 35
UT 10
Grand
Total** 490
(490.1+490.2)
**Note: Please note that the Grand Total (item code 490) of Column 18 should be equal to Item Code 411 of Part 4.
(E)
Repaid Outstanding as
Disbursement during the on March 31,
year __
(in crores) (in crores)
State/Union
Territory
Item Code
Above Rs 2 Above Rs 5 Above Rs 15
Rs 25
Upto Rs 2 Crores and Crores and Crores and
Crores and Total
crores upto RS 5 upto RS 15 upto RS 25
above
Crores Crores Crores
No. Amt No. Amt No. Amt No. Amt No. Amt No. Amt
States
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Andhra
Pradesh 28
Arunachal
Pradesh 12
Assam 18
Bihar 10
Chhattisgarh 22
Delhi 07
Goa 30
Gujarat 24
Haryana 06
Himachal
Pradesh 02
Jammu and
Kashmir 01
Jharkhand 20
Karnataka 29
Kerala 32
Madhya
Pradesh 23
Maharashtra 27
Manipur 14
Meghalaya 17
Mizoram 15
Nagaland 13
Odisha 21
Punjab 03
Rajasthan 08
Sikkim 11
Tamil Nadu 33
Tripura 16
Uttarakhand 05
Uttar Pradesh 09
West Bengal 19
S50(495.
Sub Total 1)
Union Territory
Chandigarh 04
Puducherry 34
Dadra and
Nagar Haveli 26
Daman and
Diu 25
Lakshadweep 31
Andaman and
Nicobar
Islands 35
UT 10
Sub Total (495.2)
Grand
Total*** 495
(495.1+495.2)
*** Note: Please note that the Grand Total (item code 495) of Column 16 should be equal to Item Code 415 of Part 4.
PART – 4.2
Term Wise Break up of Housing Loans (Item Code 410 of Part – 4)
(Amount in lakhs of )
Term of the loan Housing loans to individuals Housing loans to corporate bodies
No. Amount No. Amount
Upto 1 year
Above 1 year & upto 3 years
Above 3 years & upto 5 years
Above 5 years & upto 7 years
Above 7 years
Part 4.3
Disbursements during the Financial Year
1[Statement of housing loan to borrower upto Rs 5 lakhs]
1 2 3 4 5 6 7 8 9=3 to 8 10 11
Upto Rs 1 496.1
lakh
Above Rs 1 496.2
lakh and
upto Rs 2
lakh
Above Rs 2 496.3
lakh and
upto Rs
3lakh
Above Rs 3 496.4
lakh and
upto Rs 4
lakh
Above Rs 4 496.5
lakh and
upto Rs
5lakh
Total 496
(496.1-
496.5)
1 Substituted by NHB.HFC.DIR.4/CMD/2012 dated 19th January, 2012 published in the Gazette of India, Part III- Sec.4 dated
18th February, 2012.
PART 4.4
Disbursements during the Financial Year
Statement showing details of area of the dwelling units financed on housing loan upto Rs 5 lakhs
Size of Item Area of the Units (in sq mt) Total Repaid during the Outstanding as on
Housing Code Year March 31_
Loan
Upto 25 sq 25 sq mt to 50 sq mt to 75 Above 75 sq
mt 50 sq mt sq mt mt
No. Amt No. Amt No. Amt No. Amt Amt Amt Amt
1 2 3 4 5 6 7 8 9 10 11=3 to 10 12 13
Upto Rs 1 531
lakh
Above Rs 1 532
lakh and
upto Rs 2
lakh
Above Rs 2 533
lakh and
upto Rs
3lakh
Above Rs 3 534
lakh and
upto Rs 4
lakh
Above Rs 4 535
lakh and
upto Rs
5lakh
Total (531- 530
535)
PART 4.5
Consolidated Statement on Total Housing Loan Disbursement during the Financial Year
(Amount in Lakhs of I)
PART – 5
Statement Showing Investments at Book Value as on March 31, _____
(Amount in lakhs of )
Part-6
( In Lakhs)
Item as at March 31,…..
1 2
A. Income (I + ii)
(i) Fund based
(ii) Fee based
B. Expenditure (i+ii+iii)
(i) Financial
(ii) Employees
(iii) Other administrative
C. Tax provisions
D. Net profit
E. Total Assets
• Financial Ratios (as percent of total assets)
(i) Income
(ii) Fund based income
(iii) Fee based income
(iv) Expenditure
(v) Financial Expenditure
(vi) Operating Expenditure
(vii) Other provisions
(viii) Tax provisions
(ix) Net profit
Certificate
1. Certified that the directions contained in the Housing Finance Companies (NHB) Directions, 2010 are being
complied with
2. Further certified that the particulars/information furnished in this return have been verified and found to be correct
and complete in all respects.
Name:
Designation:
Auditor’s Report
We have examined the books of account and other records maintained by ________________________________ in
respect of the data furnished in this return and report that to the best of our knowledge and according to the
information and explanations given to us and shown by the records examined by us, the data furnished in this return
are correct.
Place :
The following documents should be submitted along with the return in case they have not already been sent. Please
tick in the box against the item for the document enclosed and state the date of submission if already submitted
(1) A copy of the audited balance sheet and profit and loss account dated
nearest to the date of this return
(2) Specimen signature card (Please see instruction no. 5)
(3) A copy of the application form referred to in paragraph 6 of the Housing
Finance Companies (NHB) Directions, 2010
(4) A list of principal officers and the names and
addresses of directors
(5) Auditor’s certificate as required in paragraph 43 of the Directions
General
1.The return after compilation, should be submitted by a housing finance company once a year as early as possible
after March 31 and latest by June 30 with reference to its position as on March 31 irrespective of the date of closing
of the financial year of the company, to the Head office of the National Housing Bank, New Delhi as specified in
paragraph 45 of the Housing Finance Companies (NHB) Directions, 2010. A certificate from the auditors of the
company as required in terms of paragraph 43 of the Notification should be appended to the return.
2.The submission of the return should not be delayed for any reason such as the finalization / completion of the audit
of the annual accounts. The compilation of the return should be on the basis of the figures available in the books of
accounts of the company.
3.The return wherever possible should be sent in a CD/ DVD/ Pen Drive together with a hard copy duly signed.
4.The number of accounts should be given in actual figures while the amounts should be given in lakhs of I rounded
off to two decimal positions.
5.The return should be signed by the Manager(as defined in Section 2 of the Companies Act, 1956) and if there is no
such Manager, by the Managing Director or any official of the company who has been duly authorized by the Board
of Directors and whose specimen signature has been furnished to the National Housing Bank for the purpose. In case
the specimen signature has not been furnished in the prescribed card, the return may be signed by the authorized
official and his specimen signature may be furnished separately.
6.All particulars asked for in the Schedule should be filled up without leaving any part/item blank. In case there is
nothing to report in any part/item of the return, it should be marked “Nil” and if any part/item is not relevant or
applicable, it should be marked “NA”.
7.The date to which the return pertains should invariably be filled up in the first page as well as in all the parts of the
Schedule at the appropriate place.
8.“Subsidiaries” shall have the same meaning as assigned to it in the Companies Act, 1956 (1 of 1956).
9.A body corporate shall be deemed to be in the same group as the investing company if the body corporate is the
managing agent of the investing company or if the body corporate and the investing company are under the same
management.
10.“Substantial interest” means holding of a beneficial interest by an individual or his/ her spouse or minor child,
whether singly or taken together, in the shares of a company, the amount paid up on which exceeds ten per cent of
the paid up capital of the company or total capital subscribed by all the partners of a partnership firm.
Part – 1(A)
11. If the company is a public company and a declaration as specified in instruction no.18 has not been obtained
from its directors, such deposits should be shown against item 2.
12. The amount in respect of non-convertible portion of the debentures which are partly convertible and partly non-
convertible, may be included under item 3 and the convertible portion may be shown against item 10 of Part 2.
13. Non-convertible unsecured debentures subscribed to by banks and institutions mentioned under clauses (iii) and
(iv) of Section 45 I (bb) of the Reserve Bank of India Act, 1934 should not be included under item 3. Such amount
should be included under item 4 of Part 2.
14. The period-wise classification of deposits should be made against the various heads under item 7 according to
the periods for which they have been originally received/last renewed and not according to the periods they have run
as from March 31 i.e. the date of return.
15. In item 11, the number of accounts and the amounts should be calculated in respect of each range of deposits.
16. Under item 13, if the aggregate amount of deposits not repaid exceeds 5 lakhs, the reasons for non-payment of
each deposit and the steps taken for repayment should be indicated in an Annexure.
17. The amounts shown in Part-2 should not be included in this Part.
Part – 2
18. Only money received from such persons on a declaration in writing that the money has not been given by such
person/s out of funds acquired by him/them by borrowing or accepting deposits from another person should be
shown against items 6 and 7.
19. Money received from the shareholders of a private company deemed as a public company under section 43A of
the Companies Act, 1956, should also be included under item 7 subject to the obtaining of declaration referred to in
instruction no. 18 above.
20. The amounts already shown in Part -1(A) should not be included here.
Part -3
21. Figures relating to net owned funds should be as per the audited balance sheet pertaining to the date of return. In
case auditing is not over, figures should relate to the books of accounts for the relevant period.
22. ‘Free reserves’ shall include balance in share premium account, capital and debenture redemption reserves and
any other reserves shown in the balance sheet and created through an allocation out of profits but not being (a) a
reserve created for repayment of any future liability or for depreciation on assets or for bad debts, or (b) a reserve
created by revaluation of assets of the company.
23. Investment in shares includes investment in fully convertible debentures and/or convertible portion of partially
convertible debentures. Investments held either in investment account or stock-in-trade should be included under
item 10.
24. Debentures whether held in investment account or by way of stock-in-trade should be included under item 11.
Non-convertible debentures, non-convertible portion of partially convertible debentures and optionally convertible
debentures should also be included under this item.
25. Credit balance in the profit and loss account should be adjusted by the actual provisions made for NPAs.
Part – 4
26. Sundry debtors, tax paid in advance and other recoverable items not in the nature of loans and advances should
not be shown in this statement.
27. Fixed deposits with other companies should be included under item 2(i) or 2(ii) as the case may be and not in
Part 5.
28. Investment in unquoted debentures shall be treated as credit and not investment.
Part – 5
29. Details of shares, debentures and commercial papers held in investment account or by way of stock-in-trade
should be included in this part.
30. Fixed deposits with companies should not be included here but should be shown in Part-4.
31. Investment in unquoted debentures shall be treated as credit and not investment and should not be included in
Part-5.
SCHEDULE II
[See paragraph 44(1) of the Housing Finance Companies (NHB) Directions, 2010]
[ Amount in Rs lakhs]
PART-B-Capital Funds-Tier- II
[Amount Rs in lakhs]
Item Name Item Code Amount
(1) (2) (3)
(i) Preference shares (other than those compulsorily 161
convertible into equity)
(ii) Revaluation Reserves 162
(iii) General provisions and loss reserves 163
(iv) Hybrid capital instruments 164
(v) Subordinated debt 165
(vi) Aggregate Tier-II Capital 160
Total Capital Funds (151+160) 170
[Amount Rs in lakhs]
Item description Item Book Risk weight Adjusted
code Value Value
I.Cash and bank balances including fixed deposits & certificate 210 0
of deposits
II. Investments
(a) Approved securities as defined in the National Housing Bank 221 0
Act, 1987
(b) Bonds of public sector banks and FDs/CDs/ bonds of public
financial institutions
(i) Amount deducted in item 14 in Part A 222 0
(ii) Amount not deducted in item 14 in Part A 223 20
I Unit Trust of India 224 20
(d)Shares of all companies and debentures/bonds/ commercial
papers of companies other than (b) above/units of mutual fund
other than (c) above
(i) Amount deducted in item 14 in Part A 225 0
(ii) Amount not deducted in item 14 in Part A 226 100
III. Current assets
(a) Stock on hire (see Note 2 below)
(i) Amount deducted in item 14 in Part A 231 0
(ii) Amount not deducted in item 14 in Part A 232 100
(b) inter corporate loans /deposits
(i) Amount deducted in item 14 in Part A 233 0
(ii) Amount not deducted in item 14 in Part A 234 100
I Loans and advances fully secured by company’s own deposits 235 (i) 0
(d)Mortgage backed security, receipt or other security evidencing 235(ii) 50
the purchase or acquisition by a housing finance company of an
undivided right, title or interest in any debt or receivable
originated by a housing finance company recognized and
supervised by National Housing Bank or a scheduled commercial
bank and secured by mortgage of residential immovable
property, provided the conditions specified below in Note (4) are
fulfilled
(e) Loans to staff 236 0
(f) (i) Housing/ Project Loans guaranteed by Central /State 237(i) 0
Government (Refer note 4 below)
(f) (ii) Housing loans sanctioned to individuals up to 30 lakhs 237(ii) 50
secured by mortgage of immovable property, which are classified
as standard assets where LTV Ratio is = or < 75%
[(f)(iii) Housing loans sanctioned to individuals above 30 lakh 237(iii) 75
but below 75 lakh secured by mortgage of immoveable
property which are classified as standard assets with LTV ratio is
= or < 75%
(f)(iv) Housing loans sanctioned to individuals above 30 lakh 237(iv) 100
but below 75 lakh secured by mortgage of immoveable
property which are classified as standard assets with LTV ratio is
= or > 75%
(f)(v) Housing loans of 75 lakh and above, sanctioned to 237(v) 125
individuals irrespective of LTV ratio, secured by mortgage of
immoveable property, which are classified as standard assets
(f)(vi) Loans given for the purpose of insurance of the property / 237(vi) Same as
borrower in case of individual housing loans]1 applicable to
the
respective
housing loan
(g) Other housing loans (including those to individuals but not 238 100
qualifying under (f)
2[
(ga) Any portion of housing loans referred to in item III (f)(ii)
to (f)(iv) and (g) guaranteed by mortgage guarantee company
registered with the Reserve Bank of India, the risk weighted
assets for such guaranteed portion shall be calculated as %
weight mentioned against the rating of the mortgage guarantee
company as below:
1 Substituted by NHB.HFC.DIR.2/CMD/2010 dated December 24, 2010, published in the Gazette of India, Part III Section 4
dated January 15, 2011.Prior to substitution, item code and risk weight given in III(f)(iii) &(iv) read as under :
2 Substituted by NHB.HFC.DIR.5/CMD/2012 dated 28th May, 2012, published in the Gazette of India, Part III Section 4 dated
July 7, 2012.
Notes:
1. Netting may be done in respect of assets where provisions for depreciation or for bad and doubtful debts have
been made.
2. Stock on hire should be shown net of finance charges, i.e., interest and other charges recoverable.
3. Assets which have been deducted (item code150) from owned fund to arrive at net owned fund will have a
weightage of ‘0’
4. Where guarantee has been invoked and the concerned government has remain in default for a period more than 90
days after the invocation of guarantee, a risk weight of 100 percent should be assigned.
[
5. Housing loans referred to in item III(f)(ii) to (f)(iv) and (g) are excluding any portion of such housing loan
guaranteed by a mortgage guarantee company registered with the Reserve Bank of India.]1
2[
6. Housing loans referred to in item III (f)(ii) and (g) are excluding any portion of such housing loans guaranteed
by Credit Risk Guarantee Fund Trust.]
1 Inserted by NHB.HFC.DIR.5/CMD/2012 dated May 28, 2012, published in the Gazette of India, Part III Section 4 dated July
7, 2012
[Amount in lakhs]
Item Item description Item Book Conversion Equivalent Risk Adjusted
No. code Value Factor wt. value
i. Undisbursed amount of 311 50
housing loans/ other
loans
ii. Financial & other 312 100
guarantees
iii. Share/debenture 313 50
underwriting obligations
iv. Partly-paid shares/ 314 100
debentures
v. Bills discounted/ 315 100
rediscounted
vi. Lease contracts entered 316 100
into but yet to be
executed
vii. Sale and repurchase 317 100
agreement and asset
sales with recourse,
where the credit risk
remains with the HFC.
viii. Forward asset 318 100
purchases, forward
deposits and partly paid
shares and securities,
which represent
commitments with
certain draw down.
ix. Lending of HFC 319 100
securities or posting of
securities as collateral
by HFC, including
instances where these
arise out of repo style
transactions
[Amount in lakhs]
Item description Item Amount Provision required as Actual provision
code per directions made
(i) Standard Assets 411
(ii) Sub-standard assets
Individual housing loans 412
Housing loans to corporate/agencies 413
Lease and hire purchase assets 414
Other credit facilities 415
(iii) Doubtful Assets
Individual housing loans 416
Housing loans to corporate/agencies 417
Lease and hire purchase assets 418(i)
Other credit facilities 418(ii)
(iv) Loss Assets 419
Individual housing loans 420
Housing loans to corporate/agencies 421
Lease and hire purchase assets 422
Other credit facilities 423
Aggregate provisioning 400
Other provisions in respect of:
(i) Depreciation of fixed assets 451
(ii) Depreciation in investments 452
(iii) Loss/intangible assets 453
(iv) Provision for taxation 454
(v) Gratuity /provident fund 455
(vi) Others ( to be specified) 456
Total 450
PART G - Particulars regarding investments in and advances to companies/firms in the same group and
other HFCs.
PART H - Particulars regarding concentration of advances including off-balance sheet exposures and
investment to parties including those in Part G above
Notes:
(1) All these exposure limits are applicable to the HFC’s own group as well as to the borrower/investee company’s
group.
(2) Investment in debentures for this purpose shall be treated as credit and not investment.
Deposits Name of rating agency Date of rating Rating Valid up to Borrowing limit or
Instrument assigned conditions imposed
by rating agency, if
any
Note : A copy of the rating should be furnished along with this return.
PART K - Particulars on suit filed and decreed debts by the HFC and against it
Certificate
Certified that
(1) the data/information furnished in this statement are in accordance with the Housing Finance Companies (NHB)
Directions, 2010. The statement has been compiled from the books of account and other records of the company and
to the best of my knowledge and belief they are correct;
(2) the company has accepted public deposit and the quantum of such deposit is within the limits applicable to the
company;
(3) the company has not paid interest/ brokerage on deposit beyond the ceiling prescribed under the Directions;
(5) the credit rating for fixed deposits assigned by credit rating agency, viz. _______at (rating level) is valid;
(6) the capital adequacy disclosed in Part C of the return after taking into account the particulars contained in Parts,
D, E and F has been correctly worked out;
(7) the aggregate of amount outstanding in respect of loans, equipment leasing, hire purchase finance and investment
held together with other assets of the company during the half year ended March/ September is taken into account to
ensure that the minimum stipulated capital adequacy ratio as applicable to the company has been maintained through
the relevant period on an ongoing basis;
(8) classification of assets as disclosed in Part F of the return has been verified and found to be correct. No roll-
over/rephasement of loans, lease and hire purchase transactions and bills discounted beyond due dates has been
observed. The sub-standard or doubtful or loss asset, if upgraded, has been done so, in conformity with relevant
provisions of the Directions;
(9) investment in group companies as disclosed in Part G of the return and exposures to individuals/firms/other
companies exceeding the credit / investment concentration norms as disclosed in Part H of the half-yearly return,
investments in premises and exposure to stock market as disclosed in Part I of the return and particulars on suit filed
and decreed debts by the company and against it as disclosed in Part K of the return and classification of such asset
is correct; and
(10) net owned fund as per Tier-I capital of the company has been correctly worked out.
SCHEDULE III
(See Section 29 B of the National Housing Bank Act, 1987 and paragraph 44(1) of the Housing Finance Companies
(NHB) Directions, 2010 )
PIN
Phone Nos. Fax No. e-mail address
Part A
I. Details of Public Deposits outstanding as at the end of preceding second quarter i.e.
March/June/September/December 20 (Please see Note 1 below):
( in lakhs)
Sr.No. Particulars Item Code Amount
1. Deposits received from public in the form of Fixed Deposits, 111
Recurring Deposits etc.
2. (i) Deposits received from shareholders by a Public Limited 112
Company
(ii) Deposits received from Joint shareholders other than the first 113
named shareholder by a Private Limited Company
3. (i) Money received by issue of Non-convertible unsecured
debentures (please see Note 2 below) 114
(ii) Any other type of public deposits 115
4. Total ( 111 to 115) 100
Part B
Information regarding compliance of the Housing Finance Companies (NHB) Directions, 2010
( in lakhs)
1. Net owned fund (as per the last audited balance sheet of the 131
company)
2. Capital Adequacy Ratio (as per the last audited balance sheet 132
of the company)
3. Credit rating :
(i) Rating assigned 133
(ii) Date of rating 134
(iii) Name of the Rating Agency 135
(iv) Whether any change has occurred since the last rating 136
(Please furnish details separately)
4. Public deposits outstanding as at the close of business on the 137
date of commencement of the Housing Finance
Companies(NHB) Directions, 2010
5. Quantum of excess public deposits held, if any, by the 138
company as on the date of commencement of the Housing
Finance Companies (NHB) Directions, 2010
6. Public Deposits outstanding as on date of this return (i.e. last 139
working day of the quarter to which this return relates)
7. Quantum of public deposits permissible as per the provisions 140
of the Housing Finance Companies (NHB) Directions, 2010
as on date of this return
8. Quantum of excess public deposits remaining to be 141
regularised on the date of this return
9. Deposits accepted during the quarter under reference 142
10. Deposits renewed during the quarter under reference 143
11. Deposits matured but remained unpaid/ not renewed as on the
date of this return
(a) No. of accounts 144
(b) Amount 145
12. Of 11 above, those where orders of authorised officer of
National Housing Bank have been received
(a) No. of accounts 146
(b) Amount 147
13. (a) Steps taken/being taken to regularise the excess public
deposits within the time frame permitted under the Directions
(please furnish details in a separate statement)
(b) Steps taken to comply with orders of authorised officer of
National Housing Bank
(please furnish details in a separate statement)
Part C
Name and address of the Date of opening Reference No. and date of Remarks
branches/offices communication to NHB
Name and address of the Date of Date of closing Reference No. and date of Remarks
branches/ offices publicity communication to NHB
We declare that the above information is true and correct.
Place:
NOTE:
1. For the purpose of this return, assets should be maintained on daily basis and should relate to the public deposit
liabilities (including interest accrued thereon) as defined in paragraph 2 (1)(y) of the Housing Finance Companies
(NHB) Directions, 2010 as on the last working day of the second preceding quarter. For example, the liquid assets to
be maintained on each day during the quarter ended 30th June 2010 (i.e. 1.4.2010 to 30.6.2010) should relate to the
public deposit liabilities as at the close of business on the last working day of the quarter ended 31st December
2009.
2. The non-convertible unsecured debentures/bonds (other than those subscribed by banks and FIs) including interest
accrued thereon should be included under this item.
3. The return shall be submitted within fifteen days from the last day of the respective quarter.
Annexure - 1
Annexure - 3
Sr. No. Name of the bank Name of the branch and address Remarks (Reference no. of
letters of information to
NHB)
Annexure - 4
Annexure – 5
Details of shortfall in maintenance of liquid assets
A. Shortfall in approved securities
(Rs in lakhs)
Date Amount required to Amount actually Shortfall
be maintained maintained
From To No. of days
B. Shortfall in total liquid assets (i.e. approved securities taken together with other permissible forms of
liquid assets)
(Rs in lakhs)
Date Amount required to Amount actually Shortfall
be maintained maintained
From To No. of days