The Industrial Finance Corporation Act, 1948
27. Loans in foreign currency.
- Notwithstanding anything
contained in the Foreign Exchange Regulation Act, 1947 (7 of 1947), or in any
other enactment for the time being in force relating to foreign exchange, the
Corporation may, for the purpose of granting loans or advances to industrial
concerns, borrow, with the previous consent of the Central Government, foreign
currency FROM the International Bank for Reconstruction and Development 3*[or
any bank or financial institution in India or in any foreign country] or
otherwise.
- The Central Government may,
where necessary, guarantee all loans taken by the Corporation under
sub-section (1) as to the repayment of the principal and the payment of the
interest and other incidental charges.
- 4*All loans and advances granted to industrial concerns by the Corporation
out of foreign currency borrowed under sub-section (1)
shall be expressed in terms of foreign currency as equivalent of
Indian currency, calculated in accordance with the rate of exchange prevailing
at the time of grant thereof, and the amount due there -
under shall be repayable in equivalent Indian currency, calculated
- Ins. by Act 2 of 1982, s. 14 (w.e.f. 12.3.1982).
- Subs. by Act 78 of 1952, s. 16, for s. 27.3. Ins. by Act 43 of 1957, s. 8.4.
Subs. by Act 74 of 1972, s. 15, for sub-sections (3) and (4).
55.in accordance with the rate of exchange prevailing at the time of repayment
of such loan or advance.
- Any loss or profit in
connection with any borrowing of foreign currency under sub-section (1) for
the purpose of granting loans and advances under this Act or with its
repayment to the concerned foreign lending agency, on account of any
fluctuations in the rate of exchange accruing -
- during the period within
which the loan or advance is repayable by the industrial concern or the
period of actual repayment thereof by the concern, whichever is longer,
shall be reimbursed by, or paid to, as the case may be, the recipients of
such loans and advances;
- after the expiry of the period specified in clause
(a) -
- shall be borne by the
Corporation in respect of normal market fluctuations in foreign exchange;
- shall be reimbursed by, or
paid to, as the case may be, the Central Government in respect of fluctuations
other than the normal market fluctuations in foreign exchange.
Explanation.-If any question arises as to whether any fluctuation as aforesaid
is a normal market fluctuation or not, the same shall be decided by the Central
Government whose decision thereon shall be final.]
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