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Why
Invest in India:
India is today one of the six fastest growing economies of the world.
The country ranked fourth in terms of Purchasing Power Parity (PPP) in
2001. The business and regulatory environment is evolving and moving
towards constant improvement. A highly talented, skilled and
English-speaking human resource base forms its backbone.
The Indian economy has transformed into a vibrant, rapidly growing
consumer market, comprising over 300 million strong middle class with
increasing purchasing power. India provides a large market for consumer
goods on the one hand and imports capital goods and technology to
modernize its manufacturing base on the other.
An abundant and diversified natural resource base, sound economic,
industrial and market fundamentals and highly skilled and talented human
resources, make India a destination for business and investment
opportunities with an assured potential for attractive returns.
Return to top
Far-reaching measures introduced by the government over the past few
years to liberalise the Indian market and integrate it with the global
economy are widely acknowledged. The tenth five year plan document
targets a healthy growth rate of 8% for the Indian economy during the
plan period 2002–07.
-
India is the fourth largest economy in the world, and has the second
largest GDP among developing countries, based on purchasing power
parity.
-
Strategic location - On the crossroads between the Middle East with
its rich oil supplies and the rapidly growing economies in the Far
East.
-
Its 300 million strong middle class consumer market is the target
for some of the world's biggest names for branded consumer goods.
-
The market for consumer goods is estimated to be growing at 8% per
annum.
-
There are only 214 cars for every thousand Indian families, 169
refrigerators and 81washing machines indicating a virgin market
waiting to be explored.
-
Foreign investment is welcome, approval in some cases is required
but is automatic in sixty categories of Industries.
-
Skilled man-power and professional managers are available at
competitive cost.
-
India's large pool of scientific and engineering talents, second
largest in the world, makes it an ideal place for knowledge based
industries.
-
Its IT and IT-enabled industries are already seen as a key source
for quality infotech services to the world.
Return to top
-
It has one of the largest manufacturing bases in the world, spanning
almost all areas of manufacturing activities, supported by a huge
base of mineral and farm resources.
-
Sound, sophisticated and modern financial sector with a 250 year
history of stability.
-
Vibrant capital market with over 9,000 listed companies.
-
Enterprises have freedom of entry, investment, location, choice of
technology, production, import and export.
-
Well balanced package of fiscal incentives offered by both Federal
(also called Central) and state governments.
-
Established rule of the law with independent legal infrastructure.
-
A
sophisticated accounting system.
-
English is the language for business communication and is understood
in almost all parts of the country.
-
Rupee is convertible on Current Account at market determined rate.
-
Free and full repatriation of capital, technical fee, royalty and
dividends.
-
Foreign brand names are freely used. No income tax on profits
derived from export of goods.
-
Complete exemption from Customs Duty on industrial inputs and
Corporate Tax Holiday for five years for 100 per cent Export
Oriented units and units in Export Processing Zones.
-
Corporate Tax applicable to the foreign companies of a country with
which agreement for avoidance of Double Taxation exists, can be one
which is lower between the rates prevailing in any one of the two
countries and the treaty rate.
The Indian Market
One of the important factors for the
strong interest of foreign investors in India is the size and the
potential for growth of the domestic market. Marked sociological changes
brought about by rapid urbanisation, explosion of the electronic media,
education and increasing domestic and foreign travel are changing the
nature and composition of expenditure, with growing emphasis on brands,
product quality, features and convenience.
The vast and growing Indian market is
a reality. The increase in the number of households headed by salary
earners, professionals and businesspersons, along with the emergence of
a thriving consumer finance business, have led to a steep rise in the
number of consumers with greater disposable incomes. Expenditure on
consumer durables like washing machines, refrigerators and colour
televisions has shown an impressive growth during the 1990s. Private
consumption expenditure in services such as hotels and restaurants, home
products like furniture and furnishings, consumer durables and personal
transport has been steadily increasing, making India one of the larger
consumers of white goods as also in the Fast Moving Consumer Goods (FMCG)
segment. India offers one of the largest markets in the world for
manufactured items of mass consumption such as clothing, footwear,
detergents, cooking oil, etc. Markets for most manufactured products
have exhibited strong growth rates over the past few years.
Rural areas, where over 70% of Indians
live, have witnessed rapid market growth in recent times, driven largely
by agricultural growth, income redistribution, and inroads made by the
audio-visual media. The rural share of the market for durable goods has
grown steadily over the last few years. The rural consumer in India does
not limit himself to basic goods, and has been increasingly known to
patronise goods earlier assumed to be higher up in the consumer chain,
with white goods being a priority, and personal vehicles consumption
also showing an upturn.
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India has an extensive sales and
distribution network. It is estimated that there are over one million
market intermediaries - wholesalers, stockists' transporters and
retailers - involved in the distribution of a variety of consumer goods.
Marketers use this network to access nearly 3,800 cities and towns and
over half a million villages. While urban areas have a range of
distribution outlets, from large supermarkets and superstores to the
smaller neighbourhood retail stores, small shops that are part of the
local supply network cater to almost every village in India.
The widespread sales and distribution
network is supported by an equally extensive banking network. Consumer
financing is an accepted form of consumer goods marketing in India. The
presence of several non-banking finance companies engaged in leasing and
hire purchase activities has given a fillip to consumer goods sales. The
credit card market too has shown tremendous growth in recent years. The
products of several international companies like Diners Club, Visa
International, Master Card and American Express Bank are widely used in
the country along with the cards offered by several domestic banks.
The Indian Economy
The Indian economy has, since 1991,
undergone profound changes not only in its direction, but also its
fundamental structures and underpinnings. The deliberate change from a
command economy based on a socialist market model to that of a market
economy with a human face has led to major readjustments. As a result,
there has been greater reliance on technology, improvement of systems,
streamlining of procedures relating to approvals, and general reduction
in the involvement of the government in the business of running
businesses. These changes have been reflected across the Indian economic
landscape, resulting in a faster growing economy, with increasingly
stable fundamentals. At the same time, the economy has also been able to
integrate itself into the global economic mainstream, with participation
in global multilateral institutions, and a willingness to accept new
ideas and challenges.
Return to top
Given below are some broad indicators
of the Indian economy over the past few years, which provide some
insight into the general direction of the economy, as well as the impact
of the current and ongoing reforms -
Population & National Income
|
|
Units |
1996-97 |
1997-98 |
1998-99 |
1999-00 |
2000-01 |
|
Population
(as on 1 Oct) |
Million |
943 |
959 |
975 |
991 |
1007 |
|
GNP
at current market prices |
Rs. billion |
13489 |
15024 |
17476 |
19416 |
21550 |
|
GDP
at current market prices |
Rs. billion |
13620 |
15156 |
17626 |
19570 |
21800 |
|
GNP:
Per capita
(current prices) |
Rupees |
14304 |
15667 |
17925 |
19592 |
21400 |
|
GDP:
Per capita
(current prices) |
Rupees |
14443 |
15804 |
18078 |
19748 |
21648 |
|
Agriculture |
% change |
9.6 |
-1.9 |
7.2 |
0.7 |
0.2 |
|
Industry
(incl. construction) |
% change |
6.0 |
5.9 |
4.0 |
6.4 |
5.3 |
|
Service |
% change |
7.1 |
9.0 |
8.3 |
9.6 |
7.7 |
|
GNP (PPP) |
US$ billion |
1384 |
1587 |
1661 |
2144 |
|
|
Per capita
GNP (PPP) |
US$ |
1580 |
1650 |
1700 |
2149 |
|
Source: Centre for Monitoring Indian
Economy (CMIE), New Delhi
Note - 1 US Dollar : 48 Indian Rupees in January 2002
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Foreign Investment Policy
India's economic policies are designed
to attract significant capital inflows into India on a sustained basis
and to encourage technology collaboration between Indian and foreign
firms. Policy initiatives taken over the last few years have resulted in
significant inflows of foreign investment in diverse areas of the
economy. As a matter of fact, a recent survey of how foreign direct
investment and foreign companies in India have performed has come out
with findings that 87% found growth conditions in India to be
'attractive' vis-à-vis other countries; 74% found profit levels to be
'average' to 'good'; 54% are planning to augment their Indian
operations; and, 75% found the legal framework in India to be 'good'. An
inter-country comparison showed that 66% found the performance of their
Indian operations to be in the range of 'average' to 'good'; 97% found
the quality and availability of manpower to be 'absolutely superb'; 71%
found market penetration to be 'reasonably easy'; another 71% found it
easy to have two-way flow of funds and profits. This proves that those
who have invested in India have had positive experiences, and this has
provided the grounds for optimism for the future. India welcomes direct
foreign investment in virtually every sector, except those of strategic
concern. Even in this, there have been recent changes, with private
investment allowed to a limited degree in defence production, thus
opening up an important area for cooperation.
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Foreign Direct Investment
Under the foreign investment policy,
two routes are available for foreign investors, depending upon the
industry and the levels of investment contemplated. Additionally,
another fast-track approach is now available through the mechanism of
Special Economic Zones. Details of all these are given below -
Automatic Route
Companies proposing foreign investment
under the automatic route do not require any Government approval,
provided the requisite documents are filed with the Reserve Bank of
India (RBI) within 30 days of receipt of funds. Some of the sectors
recently shifted to the automatic route are given below, along with the
FDI limits in them -
-
100% in drugs
and pharmaceuticals compared to 74% earlier;
-
100% in hotels
and tourism;
-
100% in courier
services;
-
100% in the
Mass Rapid Transit System (MRTS) in all major cities; and,
-
74% in
airports.
-
foreign
investment limit in private banks has been raised to 74% under the
automatic route to encourage foreign banks to set up subsidiaries in
India,
Return to top
Foreign Investment Promotion Board
(FIPB)
All other proposals for foreign
investment, which are not covered under the automatic approval route,
are considered for approval, on merits, by the FIPB. Composite
proposals, i.e. proposals seeking other industrial approvals like
industrial licence, technical collaborations, etc. along with approval
for foreign investment, are given a composite clearance by the FIPB.
Further, foreign financial/ technical collaborators with previous
ventures/tie-up in India also have to apply to the FIPB for approval for
setting up any new venture. All proposals for raising foreign equity or
inducting new foreign equity in existing companies would need to be
accompanied by a Resolution of the Board of Directors of the existing
company and a consent letter from the Indian partner/ foreign
collaborator.
The current liberalisation has
included changes in the following sectors for FIPB approval -
-
100% in
airports;
-
26% in the
defence sector;
-
49% in banking
subject to approval by the Reserve Bank of India (RBI); and,
-
76% in some
areas of the telecom sector, particularly Internet Service
Providers, Internet Gateways, Radio Paging Services and end-to-end
bandwidth services.
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Special Economic Zones
In order to provide an internationally
competitive environment to businesses, the Government of India has
decided to set up Special Economic Zones (SEZ) in selected areas. SEZs
can be set up in the public, private, joint sector or by the State
Governments, with the minimum size of the SEZ fixed at 1000 hectares.
These zones will have world-class infrastructure, and help promote
export-oriented businesses.
The main benefits for those setting up
SEZs in India include -
-
No license
required for import.
-
Exemption from
custom duty on import of capital goods, raw materials, consumables
etc.
-
Exemption from
Central Excise Duty on procurement of capital goods, raw materials
etc. from the domestic market.
-
SEZ units have
to be a net foreign exchange earner. No pre-determined foreign
exchange earning or minimum performance requirement.
-
Access to
domestic market.
-
Simplified
Custom procedure.
-
Trading
activity for exports permitted.
-
Fast track
clearance of imports and exports.
-
Ready
infrastructure.
-
No separate
documentation required under Customs and Exim Policy.
-
100% FDI
permissible for units in SEZs in manufacturing sector except few
specified areas.
-
No cap on
foreign investment for SSI reserved items.
-
Profits allowed
to be repatriated freely without any dividend-balancing requirement.
-
70% of foreign
exchange earnings can be retained in EEFC account.
-
Attractive tax
holiday upto 2010 as per Section 10A of the Income Tax Act.
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Industry
Since 1991, the industrial sector has
witnessed positive structural changes, improvements in productivity,
modernisation and infusion of new technology. Companies have
consolidated their areas of core competence, while several have tied up
with foreign companies to acquire new technologies, management expertise
and access to foreign markets. The Government has taken steps to put the
industrial sector on an accelerated growth path. Steps taken include a
cut in personal and corporate income tax rates, modification of the
excise and customs duties to revive the manufacturing sector and further
deregulation of interest rates with greater freedom to banks to assess
credit requirements. The corporate sector was also allowed free access
to GDR/ECB windows to obtain finance at globally competitive rates.
Furthermore, the Government has decided to increase spending on
infrastructure to kick-start the economy and has announced several
measures to increase investment in the sector. The software industry in
particular has shown great promise and is amongst the fastest growing
sectors with an average growth of well over 50% over the last 5 years.
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Infrastructure
Infrastructure development has
traditionally been reserved for the public sector. However, recognising
the need for rapid growth and improvement in the quality of
infrastructural facilities, private and foreign participation is being
encouraged through a package of attractive incentives. Infrastructure
sector is being given a concerted push, with the aim of providing an
international level of infrastructure to India within a specified time
frame. Towards this end, a number of incentives have been offered, and
the following areas specific to infrastructure have undergone major
revision of rules to make it easier for foreign investors to come into
India -
Roads and Highways
An integrated National Highways
Development Plan has been put in place. This envisages the construction
of 87,000 km of highways and roads, including 13,000 km of expressways
and highways to international standards. This is estimated to call for
an investment of US$ 27 billion till the year 2006. The most ambitious
part of this is the Golden Quadrilateral scheme, under which expressways
will connect the four metropolitan cities of India -New Delhi, Mumbai, Kolkata and
Chennai. This scheme is already under way, and contracts for some
stretches have been awarded. Other contracts are to be finalised soon,
with completion planned by the end of 2003.
For greater details, please visit the
website of the National Highways Authority of India,
www.nhai.org
Return to top
Electricity and Power
The power situation in India is one of
supply not keeping up with demand, and huge investments in the power
sector are envisaged over the next few years. As per present estimates,
investments needed in the power sector over the next five years would
amount to US$ 178 billion, for creating facilities for the generation of
1,11,500 MW of electricity.
The institutional framework in place
for the power sector includes the following -
Central Electricity Authority:
Responsible for developing a sound, adequate, uniform policy for control
and utilisation of national power resources.
State Electricity Boards (SEBs):
Constituted by the State Governments, SEBs have the broad function of
generating, transmitting and distributing electricity in coordination
with generating companies, the Government and any relevant agency. Some
States have restructured their SEBs into generation and transmission
companies.
Central and State Electricity
Regulatory Commissions:
Responsible for defining policies on subsidies and promoting efficient
and environment friendly policies.
Power Grid Corporation of India:
Responsible for evacuating power from central generating stations,
inter-state transmission lines, formation of National Grid and operation
of regional load dispatch centres. Other government agencies include the
National Thermal Power Corporation (NTPC) and the Nuclear Power
Corporation that are responsible for thermal and nuclear power
generation respectively.
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Telecommunications
In the telecom sector, there is
currently a shortfall of nearly 52 million lines, which need to be added
on to the existing network of 22.64 million lines. These, as well as
other projects, offer the opportunity for investment of US$ 55 billion.
The telecom sector is one of the fast growing sectors in India, with
potential for investment as India moves to strengthen its digital and
telecom networks to move up the connectivity ladder over the next few
years.
The institutional framework within
which the telecom sector functions consists of the following -
Telecom Commission:
Responsible for formulation of policies, operation, maintenance and
development of telecom services and preparation of budgets, supervision
of policy implementation, plans and controls.
Telecom Regulatory Authority of
India (TRAI): Set up in 1997,
TRAl's functions include effective interconnection between different
operators and service providers, protection of consumer interests,
ensuring compliance of licence conditions by all service providers,
dispute settlement between the DoT and service providers.
Department of Telecommunications
(DoT): Responsible for the
provision of voice and non-voice telecom services throughout India, with
the exception of Delhi and Mumbai In addition to the above, the
Mahanagar Telephone Nigam Limited (MTNL) offers basic telecom services
in Delhi and Mumbai, and the Videsh Sanchar Nigam Limited (VSNL)
provides international telecom services in India.
Return to top
Financial Sector
A strong and vibrant financial and
banking sector supports the growing Indian economy. There exists an
extensive commercial banking network of over 63,000 branches, including
over 150 branches of foreign banks. The sector also has a number of
national and state level financial institutions, a large number of
domestic and foreign institutional investors, investment funds,
equipment leasing companies, venture capital companies, etc. Banks and
financial institutions in India observe the highest international norms,
they have adopted the international best practices. Further, the
country has a well-established stock market comprising 22 stock
exchanges, with over 9,000 listed companies. Figures in the table below
give an idea of the movements in the capital markets of India over the
past few years -
Capital Markets
|
|
Units |
1996-97 |
1997-98 |
1998-99 |
1999-00 |
2000-01 |
|
Capital Issues |
Rs.bln |
289 |
491 |
440 |
644 |
450 |
|
Public
Sector |
Rs.bln |
172 |
315 |
311 |
415 |
286 |
|
Private
Sector |
Rs.bln |
117 |
176 |
129 |
229 |
164 |
|
Equity |
Rs.bln |
128 |
174 |
120 |
234 |
115 |
|
Debt |
Rs.bln |
161 |
317 |
320 |
410 |
335 |
|
|
|
GDRs/ADRs/ECBs/(floatations) |
$ mln. |
1794 |
291 |
70 |
1025 |
600 |
|
GDRsi/ADRs |
$ mln. |
1346 |
291 |
70 |
925 |
480 |
|
ECBs/FRNs |
$ mln. |
448 |
0 |
0 |
100 |
120 |
|
|
|
Secondary Market |
|
|
|
Cos.
listed on BSE |
Number |
5832 |
5853 |
5848 |
5889 |
5953 |
|
Market
capitalisation of BSE |
Rs.bln. |
4639 |
5603 |
5429 |
9128 |
6255 |
|
|
|
Market Capitalisation |
% of GDP |
32.9 |
33.8 |
30.9 |
46.6 |
28.6 |
Source - Centre for Monitoring Indian
Economy (CMIE)
Return to top
Ports
India is looking to increase its
exports, and therefore needs world-class ports to handle the anticipated
increase in traffic. Towards this end, a conscious decision has been
taken to go in for major changes in the way ports in India are operated.
The emphasis now is on the corporatisation of ports, with the private
sector expected to play an important role as government slowly eases
away its heavy involvement. There are also ample opportunities by way of
construction of ports, and running them. The investments foreseen till
the year 2006 are in the range of US$ 8 billion, with most expected to
come from foreign investors with experience and expertise in handling
international ports.
As for the institutional framework for
the ports sector, the primary responsibility for the development and
management of major ports rests with the Central Government.
Administration of minor ports is the responsibility of the State
Government. Individual Ports Trusts are responsible for the
administration, control and management of major ports. The power to fix
and revise tariffs has been entrusted to an independent authority, the
Tariff Authority for Major Ports The tariff fixed by the authority shall
be a ceiling and the developer shall be free to charge less than the
notified tariff.
Return to top
Electronics and
Information Technology
Information Technology (IT) has
emerged over the past decade as one of the strongest areas of business
to come out of India. An important part of the 'knowledge industry', IT
in India has progressed by leaps and bounds, to establish India as an
important centre for development of software solutions, as well as one
of the most cost-efficient places for back office operations globally.
The government has taken a number of measures to promote investment into
this industry, including automatic approval for foreign equity in the
software and electronics fields, automatic approval accorded for foreign
technology agreements in all areas of electronics except aerospace and
defence, subject to specified conditions
Return to top
Sector Specific Guidelines For Foreign Direct Investment
|
Sector |
Guidelines |
|
Banking
Non Banking
Financial Companies (NBFC)
|
NRI holding may be upto 40%,
inclusive of equity participation by other foreign investors.
Foreign investment of upto 20% is permitted by foreign banking
companies or finance companies including multilateral financial
institutions. Multilateral institutions are allowed to invest
within the overall foreign direct investment cap of 40% in case
of shortfall in foreign direct investment contribution by NRIs.
The automatic route is not
available.
-
FDI/NRI/OCB investments allowed in the
following 18 NBFC activities shall be as per levels
indicated below:
-
Merchant banking
-
Underwriting
-
Portfolio Management Services
-
Investment Advisory Services
-
Financial Consultancy
-
Stock Broking
-
Asset Management
-
Venture Capital
-
Custodial Services
-
Factoring
-
Credit Reference Agencies
-
Credit rating Agencies
-
Leasing & Finance
-
Housing Finance
-
Forex Broking
-
Credit card business
-
.Money changing Busine
-
.Micro Credit
-
Rural Credit
Return to top
-
Minimum Capitalisation Norms for fund
based NBFCs:
For FDI UPTO 51% - US$ 0.5 million to be brought upfront
For FDI above 51% and upto 75% - US $ 5 million to be brought
upfront
For FDI above 75% and upto 100% - US $ 50 million out of which
US $ 7.5 million to be brought upfront and the balance in 24
months
100% NBFC Holding Company with a minimum capital of US $ 50
million allowed to set up a 100% downstream subsidiary to
undertake specific NBFC activities. Such a subsidiary, however,
could be required to dis-invest its equity to the minimum extent
of 25%, through a public offering only, within a period of three
years.
-
Minimum capitalisation norms for non-fund
based activities:
Minimum capitalisation norm
of US $ 0.5 million is applicable in respect of all permitted
non-fund based NBFCs with foreign investment.
The automatic route is not
available. |
|
Civil Aviation
(detailed guidelines have been issued by Ministry of Civil
Aviation) |
In the domestic Airlines
sector:
-
FDI upto 40% permitted subject to no
direct or indirect equity participation by foreign airlines
is allowed.
-
100% investment by NRIs/OCBs.
-
The automatic route is not available.
Return to top |
|
Telecommunication |
-
In basic, Cellular Mobile, paging and
Value Added service, and Global Mobile Personal
Communications by Satellite, FDI is limited to 49% subject
to grant of licence from Department of Telecommunications
and adherence by the companies (who are investing and the
companies in which investment is being made) to the licence
conditions for foreign equity cap and lock in period for
transfer and addition of equity and other licence
provisions.
-
No equity cap is applicable to
manufacturing activities.
-
FDI upto 100% is allowed for the
following activities in the telecom sector :
-
ISPs not providing gateways (both for
satellite and submarine cables);
-
Infrastructure Providers providing
dark fibre (IP Category 1);
-
Electronic Mail; and
-
Voice Mail
The above would be subject to the
following conditions:
-
FDI upto 100% is allowed subject to
the condition that such companies would divest 26% of
their equity in favour of Indian public in 5 years, if
these companies are listed in other parts of the world.
-
The above services would be subject
to licensing and security requirements, wherever
required.
-
Proposals for FDI beyond 49% shall be
considered by FIPB on case to case basis.
|
|
Petroleum
(other than Refining)
Petroleum (Refining)
|
-
Under the exploration policy, FDI utpo
100% is allowed for small fields through competitive
bidding; upto 60% for unincorporated JV; and upto 51% for
incorporated JV with a No Objection Certificate for medium
size fields.
-
For petroleum products and pipeline
sector, FDI is permitted upto 51%.
-
FDI is permitted upto 74% in
infrastructure related to marketing and marketing of
petroleum products.
-
100% wholly owned subsidiary(WOS) is
permitted for the purpose of market study and formulation.
-
100% wholly owned subsidiary is permitted
for investment/Financing.
-
For actual trading and marketing, minimum
26% Indian equity is required over 5 years.
The automatic route is not
available.
a. FDI is permitted upto 26% in case
of public sector units(PSUs). PSUs will hold 26% and balance 48%
by public.Automatic route is not available.
b. In case of private Indian
companies, FDI is permitted upto 100% under automatic route.
Return to top |
|
Housing & Real Estate |
No foreign investment is
permitted in this sector. NRIs/OCBs are allowed to invest. The
scheme specific to NRIs and OCBs covers the following:
-
Development of serviced plots and
construction of built up residential premises
-
Investment in real state covering
construction of residential and commercial premises
including business centres and offices
-
Development of townships
-
City and regional level urban
infrastructure facilities, including both roads and bridges
-
Investment in manufacture of building
materials
-
Investment in participatory ventures in
(a) to (e) above
-
Investment in housing finance
institutions
|
|
Coal and Lignite |
-
Private Indian companies setting up or
operating power projects as well as coal or lignite mines
for captive consumption are allowed FDI upto 100%.
-
100% FDI is allowed for setting up coal
processing plants subject to the condition that the company
shall not do coal mining and shall not sell washed coal or
sized coal from its coal processing plants in the open
market and shall supply the washed or sized coal to those
parties who are supplying raw coal to coal processing plants
for washing or sizing.
-
FDI upto 74% is allowed for exploration
or mining of coal or lignite for captive consumption.
-
In all the above cases, FDI is allowed
upto 50% under the automatic route subject to the condition
that such investment shall not exceed 49% of the equity of a
PSU.
Return to top |
|
Venture Capital
Fund(VCF) and Venture Capital Company(VCC) |
An offshore venture capital
company may contrinute upto 100% of the capital of a domestic
venture capital fund and may also set up a domestic asset
management company to manage the fund.
VCFs and VCCs are permitted
upto 40% of the paid up corpus of the domestic unlisted
companies. This ceiling would be subject to relevant equity
investment limit in force in relation to areas reserved for SSI.
Investment in a single company by a VCF/VCC shall not exceed 5%
of the paid-up corpus of a domestic VCF/VCC.
The automatic route is not
available.
(a) Offshore Venture
Capital Funds/Companies are allowed to invest in domestic
venture capital undertakings as well as other companies through
the automatic route, subject only to SEBI regulations and sector
specific caps on FDI. |
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Trading |
Trading is permitted under
automatic route with FDI upto 51% provided it is primarily
export activities, and the undertaking is an export
house/trading house/super trading house/star trading house.
However, under the FIPB route:-
-
100% FDI is permitted in case of trading
companies for the following activities:
-
exports;
-
bulk imports with export/ex-bonded
warehouse sales;
-
cash and carry wholesale trading;
-
other import of goods or services
provided at least 75% is for procurement and sale of goods
and services among the companies of the same group and for
third party use or onward transfer/distribution/sales.
ii. The following kinds of
trading are also permitted, subject to provisions of EXIM
Policy:
-
Companies for providing after sales
services (that is no trading per se)
-
Domestic trading of products of JVs is
permitted at the wholesale level for such trading companies
who wish to market manufactured products on behalf of their
joint ventures in which they have equity participation in
India.
-
Trading of hi-tech items/items requiring
specialised after sales service
-
Trading of items for social sector
-
Trading of hi-tech, medical and
diagnostic items.
-
Trading of items sourced from the small
scale sector under which, based on technology provided and
laid down quality specifications, a company can market that
item under its brand name.
-
Domestic sourcing of products for
exports.
-
Test marketing of such items for which a
company has approval for manufacture provided such test
marketing facility will be for a period of two years, and
investment in setting up manufacturing facilities commences
simultaneously with test marketing.
-
FDI upto 100% permitted for e-commerce
activities subject to the condition that such companies
would divest 26% of their equity in favour of the Indian
public in five years, if these companies are listed in other
parts of the world. Such companies would engage only in
business to business (B2B) e-commerce and not in retaiol
trading.
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Investing companies
in infrastructure/ service sector |
In respect of the companies in
infrastructure/service sector, where there is a prescribed cap
for foreign investment, only the direct investment will be
considered for the prescribed cap and foreign investment in an
investing company will not be set off against this cap provided
the foreign direct investment in such investing company does not
exceed 49% and the management of the investing company is with
the Indian owners. The automatic route is not available. |
|
Atomic energy |
The following three activities
are permitted to receive FDI/NRI/OCB investments through FIPB
(as per detailed guidelines issued by Department of Atomic
Energy vide Resolution No.8/1(1)/97-PSU/1422 dated 6.10.98):
-
Mining and mineral separation
-
Value addition per se to the products of
(a) above
-
Integrated activities (comprising of both
(a) and (b) above.
The following FDI
participation is permitted:
-
Upto 74% in both pure value addition and
integrated projects.
-
For pure value addition projects as well
as integrated projects with value addition upto any
intermediate stage, FDI is permitted upto 74% through joint
venture companies with Central/State PSUs in which equity
holding of at least one PSU is not less than 26%.
-
In exceptional cases, FDI beyond 74% will
be permitted subject to clearance of the Atomic Energy
Commission before FIPB approval.
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Defence and strategic
industries |
No FDI/NRI/OCB investment is
permitted
|
|
Agriculture
(including plantation) |
No FDI/NRI/OCB investment is
permitted
|
|
Print media |
No FDI/NRI/OCB investment is
permitted |
|
Broadcasting |
No FDI/NRI/OCB investment is
permitted |
|
Power |
Upto 100% FDI allowed
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|
Drugs &
Pharmaceuticals |
-
FDI upto 74% in the case of bulk drugs,
their intermediates and formulations (except those produced
by the use of recombinant DNA technology) would be covered
under automatic route.
-
FDI above 74% for manufacture of bulk
drugs will be considered by the Government on case to case
basis for manufacture of bulk drugs from basic stages and
their intermediates and bulk drugs produced by the use of
recombinant DNA technology as well as the specific
cell/tissue targeted formulations provided it involves
manufacturing from basic stage.
|
|
Roads & Highways,
Ports and Harbours. |
FDI upto 100% under automatic
route is permitted in projects for construction and maintenance
of roads, highways, vehicular bridges, toll roads, vehicular
tunnels, ports and harbours. |
|
Hotels & Tourism |
100% FDI is permissible in the
sector.
The
term hotels include restaurants, beach resorts, and other
tourist complexes providing accommodation and/or catering and
food facilities to tourists. Tourism related industry includes
travel agencies, tour operating agencies and tourist transport
operating agencies, units providing facilities for cultural,
adventure and wild life experience to tourists, surface, air and
water transport facilities to tourists, leisure, entertainment,
amusement, sports, and health units for tourists and
Convention/Seminar units and organisations.
Automatic route is
available upto 51% subject to the following parameters.
For foreign technology
agreements, automatic approval is granted if
-
upto 3% of the capital cost of the
project is proposed to be paid for technical and consultancy
services including fees for architects, design, supervision,
etc.
-
upto 3% of net turnover is payable for
franchising and marketing/publicity support fee, and
-
upto 10% of gross operating profit is
payable for management fee, including incentive fee.
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Mining. |
-
For exploration and mining of diamonds
and precious stones FDI is allowed upto 74% under automatic
route.
-
For exploration and mining of gold and
silver and minerals other than diamonds and precious stones,
metallurgy and processing FDI is allowed upto 100% under
automatic route.
-
Press Note No. 18 (1998 series) dated
14.12.98 would not be applicable for setting up 100% owned
subsidiaries in so far as the mining sector is concerned,
subject to a declaration from the applicant that he has no
existing joint venture for the same area and / or the
particular mineral.
|
|
Postal services |
Couriers carrying packages,
parcels and other items which do not come within the ambit of
Indian Post Office Act 1998 shall not be permitted. |
|
Pollution Control and
management |
FDI upto 100% in both
manufacture of pollution control equipment and consultancy for
integration of pollution control systems is permitted under
automatic route. |
|
Advertising and films |
Automatic approval is
available for the following:
| |