GOPIO NEWS BULLETIN

September, 2003

CONTENTS

v  Rules on Sales Proceeds of Immovable Properties and Repatriation by NRI/PIOs Relaxed

v  Fiji Labour Party Looks to Supreme Court for Resolution

v  Indians, the Most Employed among Asians in Britain

v  Bust of Gandhi Inaugurated in Trinidad and Tobago village

v  Guyana President Visits India and Ancestral Village

v  Punjab Formulates Policies to Attract NRI Investments

v  PIO Human Rights Perspectives and Experiences

v  GOPIO CHAPTER NEWS

-            GOPIO-Belgium Calls Upon MEP Neena Gill

v  GOPIO Sets Up Cultural Council

v  Book in India and America Give and Take Relationship Available from GOPIO

v  GOPIOs Business and Professional Service Bulletin Board

 

SALES PROCEEDS OF IMMOVABLE PROPERTIES AND REPATRIATION BY NRI/PIOs

During the financial year 2002-2003, the Reserve Bank of India has made several relaxations pertaining to repatriation of sale proceeds of immovable properties held by an Indian citizen resident outside India and a Person of Indian Origin (PIO).

The immovable property may have been acquired by the NRI/PIO in any one of the following ways:

- Acquired by purchase from out of funds received in India by way of inward remittance from any place outside India or from out of funds held in any non-resident account maintained in accordance with the provisions of FEMA, 1999.

- Acquired by way of inheritance/legacy

- Acquired out of local funds or prior to becoming an NRI/PIO

- Acquired by availing a Housing Loan from an authorized dealer/Housing Finance institution.

Each of these cases are further examines below:

(1) Acquired by purchase from out of funds received in India by way of inward remittance from any place outside India or from out of funds held in any non-resident account maintained in accordance with the provisions of FEMA, 1999. In this case the NRI/PIO would have acquired immovable property other than agricultural land/plantation property or farm house in India. Repatriation of sale proceeds of immovable property other than agricultural land/plantation property or farm house is allowed subject to the following conditions:

- The immovable property was acquired by the seller in accordance with the provisions of the foreign exchange law in force at the time of acquisition by him/her or the provisions of the FEMA.

- The sale proceeds allowed to be repatriated does not exceed the foreign exchange brought in to acquire the property.

- In case of residential property, the repatriation of sale proceeds is restricted to not more than two such properties.

(2) Acquired by way of inheritance/legacy

As per the earlier provision an NRI/PIO was allowed to repatriate an amount not exceeding USD.100000/- per calendar year out of assets acquired by inheritance/legacy. But this has been amended and now NRIs can repatriate upto US $ 1 million from the sale proceeds of immovable property acquired by way of inheritance/legacy. This limit of US $ 1 million is the overall limit fixed for repatriation out of NRO accounts in a calendar year for all purposes including education, medical treatment etc.

(3) Acquired out of local funds or prior to becoming an NRI/PIO

In case the NRI/PIO has acquired the property before he became an NRI/PIO or the NRI has purchased the property out of his local funds, then the sale proceeds of such a property will be governed by the following rule:

- Authorised dealers are permitted to repatriate sale proceeds of immovable property held by the NRIs/PIOs for a period of 10 years and credited to NRO accounts upto a limit of US $ 1 million per calendar year. This US $ 1 million is the overall limit fixed for a calendar year for different purposes such as education, medical treatment etc. For example, if the NRI has already availed the facility of repatriation from NRO account US $200000 for medical treatment, then the balance US $ 800000 will only be available for repatriation in that calendar year for repatriating sale proceeds of immovable properties.

(4) Acquired by availing a Housing Loan from authorized dealer/Housing-Finance institution

As per FEMA authorised dealers or housing finance institutions are permitted to provide housing loans to NRIs/PIOs for acquisition of residential accomodation in India. Now the authorised dealers are permitted to allow repatriation of sale proceeds of residential accomodation purchased by NRIs/PIOs out of funds raised by way of loans from the authorised dealers/housing finance institutions to the extent of such loans repaid by them out of foreign inward remittances received through normal banking channels or by debit to their NRE/FCNR accounts.

In all the above cases, the proceeds net of applicable taxes only are eligible for repatriation.

As per FEMA 1999, authorised dealers are required to obtain Income Tax Clearance Certificate /No Objection Certificate from the Income Tax Assessing Officer before allowing remittance of foreign exchange to a non-resident any sum chargeable under the Income Tax Act 1961, like remittance of sale proceeds of immovable property, remittance of assets in India acquired by way of inheritance/legacy etc. The Central Board of Direct Taxes have issued a Notification whereby an NRI can submit an undertaking addressed to the Assessing Officer accompanied by a certificate from a Chartered Accountant for compliance with the Income Tax provisions in lieu of the Income Tax Clearance Certificate/ No Objection Certificate as aforesaid.

 

The formats of the Undertaking and Certificate from the Chartered Accountant are available from commercial banks.

On receipt of the proof of sale of the immovable property, Undertaking and Certificate as per the formats the authorized dealer will arrange for repatriation of the eligible amount.

 Fiji Labour Party Looks to Supreme Court for Resolution

The Fiji Supreme Court on July 18th, 2003 ruled that the sacking of the Prime Minister Mahendra Chaudhary in 2001 was unlawful and ordered the government of the Prime Minster Laisenia Qarase to accept opposition lawmakers into the Cabinet. However there has been impasse on the number of labour party law makers to be included in the cabinet. The composition of a multi-party Cabinet and the entitlement of Cabinet positions for the Fiji Labour Party will now be determined by way of a reference to the Supreme Court.

Prime Minister Laisenia Qarase has told the Labour camp that he will have 14 ministers from Labour, but if the Supreme Court rules in Labour's favour that its entitlement should be 47 per cent or 17 positions, then an additional three from Labour will be appointed. Labour leader Mahendra Chaudhry had advised Mr Qarase that the FLP wants the issue of its proportional entitlement to Cabinet seats determined ahead of assumptions of office by FLP ministers.

In the meanwhile Qarase has named 14 members of the Fiji Labour Party to be included in Cabinet, with Chaudhry standing out as the notable absentee. The 14 Labour members, Prime Minister Qarase has picked are- Pratap Chand as Minister for National Reconciliation and Unity; Krishna Datt as Minister for Special Education, the Disabled and National Library Services; Vijay Singh as Minister for Fair Trading and Consumer Affairs; Satendra Singh as Minister for Environment; James Krishna as Minister for Natural Disaster Management; Surendra Lal as Minister for National Parks and Recreational Areas; Udit Narayan as Minister for Employment Opportunities; Dr Gunasagran Gounder as Minister for Health Promotion; Ram Sharan as Minister for Arts, Culture and Heritage; Ragho Nand as Minister for Drainage and Flood Protection and Management; Gaffar Ahmed as Minister for Prisons; Permal Mupnar as Minister for Transport; Vyas Deo Sharma as Minister for Veteran Affairs and Pravin Singh as Minister for State Properties.

Both leaders, however, have agreed to go back to the Supreme Court to resolve the proportionality clause. Mr Qarase is offering 14 seats while Labour maintains they are entitled to 17 seats.


Mr Chaudhry said it would not be correct for the Labour to proceed to be in a Cabinet that was not "constituted in accordance with the Constitution". He said his view was reinforced by the Supreme Court's decision that Cabinet must be comprised of qualifying parties in proportion to their respective membership of the House of Representatives.


Mr Qarase said pending the determination by the Supreme Court, he is keen to proceed with the appointment of 14 as his initial selection from Labour.

 

INDIANS, THE MOST EMPLOYED AMONG ASIANS IN BRITAIN

Indians in Britain have the highest employment rates among Asians, according to the newly released Census 2001 figures. In terms of economic activities, the Asian component of British population presents different profiles. The Indo-Asian News Service pointing out the Census reports that in the Indian group, 46.4 per cent of men aged between 16 and 74 are full time employees, 14.3 per cent are self-employed and 4.5 per cent are unemployed and are similar to the overall average for England and Wales. The Census further reveals that Pakistani and Bangladeshi have much lower employment rates: 31 per cent of Pakistani men aged between 16 and 74 are full time employees, 14.2 per cent are self-employed, and 9.1 per cent are unemployed. The corresponding figures for Bangladeshi men are 23.1 per cent full time employees, 9 per cent self-employed and 10.2 per cent unemployed. The Census points out that British Indians are, on average, slightly better off than while Britons, but there is relatively high inequality within the group, particularly among women.

Recently the British Home Secretary, David Blunkett while addressing the Asian Awards in the UK said Indians in Britain have broken through the glass ceiling through their enterprise, innovations and aspirations. Britain is home for many Indian immigrants and an estimated 1.5 million Indian community (NRI/PIO) live in Britain. In terms of education, it has emerged more successful than any other ethnic groups. Their contribution to the British economy is massive and they are the highest tax payers. The success of people of Indian origin living and working in Britain becomes more evident every time the Asian Whos who International is published. There are over 393,000 Indians in London who make up a sixth of the capitals population and includes 171,000 who were born in India. Britains capital has an estimated 13,000 Indian businesses who make a major contribution to Londons economy including in the IT sectors. The Indians have been living in UK since the 17th century. As a percentage of total population in UK, Indians constitute more than 1.5 per cent. The UK is Indias largest trading partner in Europe and its second largest in the world and in the last ten years the bilateral trade has almost doubled to 5 billion pounds. Last year, the Indians bagged 60 per cent of the UK InfoTech work permits.

 

BUST OF GANDHI INAUGURATED IN TRINIDAD AND TOBAGO VILLAGE

A bust of Mahatma Gandhi was inaugurated in a village named after the fourth such monument to be erected in the country, over 44 per cent of the population of which consists of people of Indian origin whose forefathers came here from Uttar Pradesh and Bihar between 1845 and 1917.

The inauguration ceremony last week in Gandhi village, which was so named in the late 1960s, was attended by village leaders and school children.

 

GUYANA PRESIDENT VISITS INDIA AND ANCESTRAL VILLAGE

Visiting Guyanese President Bharat Jagdeo said on Monday he was 'touched' by the warm reception the people of his ancestral village in Uttar Pradesh accorded him on Sunday, August 23rd. A trip to Thakurian village in Chhatrapati Sahuji Maharaj Nagar, from where his ancestors migrated to Guyana to work in the sugarcane fields nearly 100 years ago, while on a six-day state visit to India. "It was an emotional moment for me," the 39-year-old leader said responding to questions from reporters after Indian President APJ Abdul Kalam ceremonially received him with gun salute and guard of honour in the forecourt of Rashtrapati Bhavan where Prime Minister Atal Bihari Vajpayee and senior ministers were also present.

About 50 per cent of the 700,000 population of Guyana, situated on the northern coast of South America, is of Indian descent, taken there as indentured labour. Jagdeo's grandfather was among them. Referring to the warmth and affection with which he was received by the villagers, Jagdeo said he could understand their feelings because he was equally touched by their gesture. His official engagements in the capital included delegation-level talks with the Prime Minister Vajpayee and meetings with External Affairs Minister Yashwant Sinha, Commerce and Industry Minister Arun Jaitley, Human Resource Development Minister Murli Manohar Joshi. India has offered a $25 million line of credit to Guyana, which plans to use it for modernization of its sugar mills.

Speaking on the sidelines of an interactive meeting jointly organized by the Federation of Indian Chambers of Commerce and Industry (FICCI) and the Confederation of Indian Industry (CII), Jagdeo said, "Besides the line of credit being extended by India, we are looking for another $100 million credit for modernisation of the sugar mills, including setting up cogeneration facility for production of power utilising the sugarcane waste," the president said. Leading a high-level ministerial delegation to discuss ways of enhancing economic and cultural cooperation, Jagdeo is accompanied by five representatives of the Guyanese chamber of commerce.
Guyana chamber representatives Monday signed a memorandum of understanding with the FICCI for the establishment of a joint business council.
President Jagdeo also visited Coimbatore (Tamil Nadu), Bangalore and Mumbai before winding up his visit.

 

PUNJAB FORMULATES POLICIES TO ATTRACT NRI INVESTMENTS


CHANDIGARH: The Punjab government will soon formulate a commercial policy to attract foreign investment from Non-Resident Indians (NRIs) and float NRI bonds. The State government will also address the problems being faced by the Non Resident Indians from Punjab. A high-level meeting of the State government held on 8 August 2003 decided to formulate a policy to give more incentives to the NRIs for setting up various projects in the state. The meeting also focused on problems faced by the NRIs, many of whom from Punjab and head flourishing businesses abroad. In view of the growing need for investment in the state, the Punjab's NRI affairs department will soon move a proposal to set up a tribunal for speedy and expeditious disposal of cases involving NRIs that related to civil, criminal, property and matrimony issues. A website will also be launched for the benefit of NRIs from Punjab.

Punjab has a population of 20.2 million and there is a great potential for attracting investments from NRIs for setting up industrial, educational, technical and medicinal projects in Punjab. Punjab offers distinct advantage for investment as it possesses the best infrastructure in the country. The Punjabi Diaspora has the distinction of being the only Indian Diaspora which has presence in all continents, in all countries. The Punjabi NRIs are enterprising, innovative and adventurous and they have made great contribution to the development of Punjab and have won laurels for their motherland by earning name and fame in the countries of their adoption.

This competitive and hard working nature of the Punjabis combined with high average growth rate, high literacy rate and highest per capita income in the country makes Punjab a land of limitless opportunities. The NRIs from Punjab have strong attachment to their motherland which can be seen in rural Punjab which is witnessing a "social change" as a result of investment in infrastructure development in areas such as education, healthcare, communication by the NRIs. The Punjab government in the year 2001 amended the Punjab Security and Land Revenue Act, 1953, under which NRIs can now get back possession of their agricultural land from tenants or illegal occupants. Similarly, to protect NRI's residential and commercial properly, the Punjab Rent Restriction Act, 1949, has also been amended. The NRIs are entitled to several concessions and incentives on investment. Unfortunately, most policy decisions have so far remained only in papers without much success. Although Punjab offers a special deal to NRIs under its Industrial Policy, the investment and development in Punjab could have been much faster had the government been able to deal with the problems faced by the NRIs.

Most of the NRIs who came to invest in the industrial sectors in the past have gone back disappointed as they were unable to digest the numerous controls, bureaucratic delays in the approval of investment proposals, and the corruption. GOPIO International hopes that the Punjab government will address the issues that are hampering NRI investment in Punjab and take necessary measures to make investment climate in the state conducive to investment.

 

PIO HUMAN RIGHTS PERSPECTIVES & EXPERIENCES

GOPIO CONFERENCE ANNOUNCEMENT

Human Rights Perspectives and Experience: People of Indian Origin in the Caribbean, Americas, Asia,  Africa, Europe
In-Depth Reports, Discussions and Analyses.   Experiences of People of Indian Origin Living Outside  of India in Countries with Significant PIO Population. Reports on Fiji, the Caribbean, USACanada, UK, Europe, Africa, Guyana, Trinidad, Surname, and others.


Sponsored  By  
St. Johns Universitys
Center on Latin American & Caribbean Studies

on Saturday, October 25, 2003 @ 9:00am
at
St. Johns University
Bent Hall Auditorium
Jamaica     New York

Co-Sponsored By
Global Organization of People of Indian Origin (GOPIO), Inc.

Supported By  
The Guyanese East Indian Civic Association (GEICA)
And Several Other Institutions & Organizations

Contact:

Ashook Ramsaran    718-969-8206, E-mail: ramsaran@aol.com
Sudha Acharya        718-523-7668  eMail: sacharya@netzero.net  

GEICA - Prakash Singh           718-939-8194  eMail: geica@aol.com    

St. Johns. Univ. Dr. Camacho-Gingerich  718-990-1932 eMail: clacs@sju.edu
                

Admission is Free    *****     Attendance Confirmation Requested

 PROGRAM  OUTLINE

Friday, October 24, 2003              
 7:00pm           Reception        Off-Premise


Saturday, October 25, 2003
Conference  Venue - St Johns University    
8:30am            Registration      
9:00am            Opening Remarks (SJU/CLACS, GOPIO)
9:15am            General Remarks (with Speaker)   
9:30am             Keynote Address (On: Violations in General)
10:15am            Refreshments
10:30am            Session I  Country Reports  --  Region   I
11:30am            Discussion
12:00pm             LUNCH (with Speaker)
1:00pm              Session II   Country Reports  -- Region  II    
3:45pm              Refreshments
4:00pm              Session III   Country Reports  -- Region  III    
8::00pm               Dinner
       
Sunday, October 26, 2003
Working Session       Off-Premise
(Selected 1015 persons)    
9:30am               Introductory Remarks     
9:15am               Discussion    
12:15pm              Closing Remarks  
12:30pm              Lunch

Region   I            The Caribbean, Guyana, Malaysia, Trinidad, Suriname, Fiji, Bangladesh
Region  II            Kenya, South Africa, Tanzania, Uganda, Zimbabwe, Other Africa, Mauritius
Region III            Australia, Canada, Europe, United Kingdom, United States, Other Americas

 

SPEAK AT THE CONFERECE OR PRESENT A SCHOLARLY PAPER

Please send an abstract to Secretary General Ashook Ramsaran at ramsaran@aol.com or call 718-969-8206.

GOPIO CHAPTER NEWS

GOPIO Belgium Calls Upon MEP Neena Gill Who Terms Belgian Pension System as Discriminatory

 Brussels, 27 August, 2003: A three member GOPIO Belgium delegation called on Ms. Neena Gill, the European Member of Parliament on 27th August to apprise her of the activities of GOPIO Belgium and seek her support in its campaign to bring policy changes in the Belgian Pension system. The delegation had discussions with her on wide ranging issues such as social security, state of the Indians and other nationals who are living as refugees, bringing investment to the countries where the Indian Diaspora has a presence, etc. The MEP termed the Belgian Pension system as discriminatory when she learnt about the denial of pension to the NRIs/PIOs.

Ms. Gill said that in view of the fact that a majority of Indians are affected by the discriminatory Pension policy of the Belgian Government, the Indian government should take up this issue at the earliest and at the appropriate Government level. She also assured the delegation that being the member of the Group of Friends of India in the European Parliament; she would also ask the Indian authorities as well as other MEPs in the group to raise the issue at the appropriate level.

This was the third in the series of contact programme the GOPIO Belgium has embarked upon to seek support and reach to the European Members of Parliament of the People of Indian Origin. The delegation was composed of Sunil Prasad, President; Nawab Khan, Assistant Treasurer and Ms. Ramya Lakshminarasimhan, Assistant Secretary. The delegation requested Ms. Gill to take up the pension issue also in the European Parliament.

Ludhiana born Ms. Neena Gill is the Vice President of the Delegation to South Asia and SAARC. Ms. Gill is the first woman Asian Euro-MP elected in Britain. As the only female Asian Parliamentarian in the UK, she is involved in projects that aim to stimulate the political engagement of the various communities within society that are under represented and may feel excluded.  

GOPIO SETS UP CULTURAL COUNCIL

GOPIO has set up a Cultural Council to promote artists of Indian origin. Toward this goal, GOPIO Cultural Council will host details artists who would like to perform in countries with large NRI/PIO population. New York based Dharmatma Saran, Chairman of India Festival and organizer of Miss India Worldwide has been appointed as Chairman GOPIO Cultural Council.

NRIs/PIOs artists as well as artists from India are encouraged to publicize their trips abroad through GOPIO Cultural Council Bulletin Board. One could send in details to gopio@gopio.net. Details of artists will be compiled at GOPIO website so that NRI/PIO groups in different countries can get access to their information including planned trips for the future.

 

BOOK ON INDIA AND AMERICA - GIVE AND TAKE RELATION AVAILABLE FROM GOPIO

A new book by Dr. Jagat Motwani, published by Center for Asian, African and Caribbean Studies in cooperation with GOPIO.

The book provides a great reading for every Indian American family and prospective immigrants. The book has almost every thing what one would like to know about India in America from ancient times to today: America the, dreamland of immigrants; history of immigrants (1600-2002); immigration legislation; Asian Indians: A model ethnic minority; their socio-economic statistics compared with other ethnic groups; Do Indian Americans ghettoize?; their dispersion in all the fifty sates and big metropolis cities; the Indian-ness we fear to lose; Indian values compared with American values; political participation and political clout; presidential political appointments; relationship with PIOs from indentured countries; affirmative action and Indian Americans; Mahatma Gandhi statues;  civil disobedience: Thoreau - Gandhi -  Martin Luther King; America - a melting pot or an ethno-cultural mosaic?; what has India given to America?; Gadar movement; and first Indian Congressman Dalip Singh Saund. The book emphasizes that India has not been on only a receiving end. It has been giving lot to the Western world, especially to America.

Hard cover, 378 pages, Price: US$20 + $2 shipping ($10 overseas mailing)

To order a copy, mail a check or money order, payable  to: GOPIO, 8 Vanderbilt Parkway, Dix Hills, NY 11746 or contact (631) 421-4688 or email: gopio@gopio.net

GOPIO Chapter Initiation

GOPIO is looking for community activists in major cities of the world to initiate chapters. One can initiate a chapter and become part of this global network of people of Indian origin by visiting GOPIOs Chapter Initiative website www.gopio.net/chapter_initiative.htm to get a copy of the guidelines governing GOPIO chapters. Alternately, call GOPIOs International coordinator Dr. Jagat Motwani at 631-421-4688 in USA.

Business and Professional Services Bulletin Board

NRIs/PIOs and businessmen from India are encouraged to publicize businesses and services though GOPIO Business Council Bulletin Board free of charge. Please visit www.gopio.net/wboard/bulletin.htm

Editorial Board

v     Dr. Thomas Abraham (Stamford, CT, USA)

v     Prashant Gupta (Chicago, IL, USA)

v      Sunil Prasad (Brussles, Belgium)

Visit GOPIOs Official site at www.gopio.net