Section 6   [ View Judgements ]

Restriction on use of borrowed funds

No person resident in India who has borrowed in rupees from a person resident outside India,- (1) shall use such borrowed funds for any purpose except in his own business other than-

(i) the business of chit fund, or

(ii) as Nidhi Company, or

(iii) agricultural or plantation activities or real estate business; or construction of farm houses or

(iv) trading in Transferable Development Rights (TDRs).

(2) shall use such borrowed funds for any investment, whether by way of capital or otherwise, in any company or partnership firm or proprietorship concern or any entity, whether incorporated or not, or for relending.


For the purpose of sub-clause (iii) of clause (1), real estate business shall not include development of townships, construction of residential/commercial premises, roads or bridges.

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