10.1.2010 ksidc fdi policy 2006

Foreign Direct
Investment Policy

April 2006

lR;eso t;rs

Department of Industrial Policy & Promotion
Ministry of Commerce & Industry
Government of India

lR;eso t;rs

FOREWORD

Foreign Direct Investment (FDI) plays an important role in the long-term economic development
of a country not only as a source of capital but also for enhancing competitiveness of the domestic
economy through transfer of technology, strengthening infrastructure, raising productivity and generating
new employment opportunities. FDI also has an important role in enhancing exports. We in India see
FDI as a developmental tool.

The policy of the Government of India is to strive to maximize the developmental impact and
spin-offs of FDI. While the Government encourages, and indeed, welcomes FDI in all the sectors
where it is permitted, we are especially looking for large FDI inflows in the development of
infrastructure, technological upgradation of Indian industry through ‘greenfield’ investments in
manufacturing, and in projects having the potential for creating employment opportunities on a large
scale. We also invite investments in setting up Special Economic Zones and establishing manufacturing
units therein.

India has consistently been classified as among the most attractive investment destinations by
a slew of reputed international rating organizations. With its highly-skilled and cost-effective
manpower, it offers immense opportunities not only for Business Process Outsourcing, but
increasingly for the higher end of the value chain in Knowledge Process Outsourcing and Engineering
Process Outsourcing.

In order to further improve the investment climate, a major rationalization of the FDI policy and
associated procedures was recently undertaken by my Ministry. This Compendium is the result of that
exercise, and I am very happy to present it to the investing community.

KAMAL NATH
Minister of Commerce & Industry

New Delhi
April 17, 2006

COMPENDIUM ON FOREIGN DIRECT INVESTMENT POLICY
AN OVERVIEW

The Government of India has recently undertaken a comprehensive review of the FDI policy and
associated procedures. As a result, a number of rationalisation measures have been undertaken which,
inter alia include, dispensing with the need of multiple approvals from Government and/or regulatory agencies
that exist in certain sectors, extending the automatic route to more sectors, and allowing FDI in new
sectors. The latest changes in the FDI policy were notified vide Press Note 4 (2006 Series).
* * *
As per the extant policy, FDI up to 100% is allowed, under the automatic route, in most sectors/
activities. FDI under the automatic route does not require prior approval either by the Government of
India or the Reserve Bank of India (RBI). Investors are only required to notify the concerned Regional
office of RBI within 30 days of receipt of inward remittances and file required documents with that
office within 30 days of issue of shares to foreign investors.
Under the Government approval route, applications for FDI proposals, other than by Non-Resident
Indians, and proposals for FDI in ‘Single Brand’ product retailing, are received in the Department of
Economic Affairs, North Block, New Delhi. Proposals for FDI in ‘Single Brand’ product retailing and by
NRIs are received in the Department of Industrial Policy & Promotion, Udyog Bhavan, and New Delhi.
Applications can be submitted either in the prescribed proforma FC-IL form, or on plain paper with a
check list available on the website www.dipp.gov.in.
Foreign investments in equity capital of an Indian company under the Portfolio Investment Scheme
are not within the ambit of FDI policy and are governed by separate regulations of RBI /Securities &
Exchange Board of India (SEBI).
Foreign investors intending to set up Branch /Liaison/Project Offices would also be governed
by specific Regulations under Foreign Exchange Management Act (FEMA) which, inter alia,
prescribe permissible activities and approvals required for such offices. These are available at the
RBI website www.rbi.org.in
* * *
This Compendium on the extant Foreign Direct Investment Policy has been organized in three sections
dealing with FDI policy, related Press Notes and FDI statistics.
Section A gives an overview of extant FDI policy. In the sectors listed in the statement, FDI is
allowed only in the indicated activities subject to the equity limits and/or other conditions, as indicated. FDI
in all sectors/activities is subject to sectoral guidelines and requirements. FDI is not permitted in Retail
trade (except Single Brand product retailing); Lottery; Gambling and Atomic Energy. In the remaining
sectors/activities, FDI up to 100% would be allowed on the automatic route.
Section B contains relevant Press Notes on FDI policy and procedures in a chronological order. All
Press Notes, issued since 1991, are available at the website www.dipp.gov.in.
Section C deals with FDI inflow statistics since 1991, including the country-wise and sector wise
details. It also gives FDI inflow statistics, as per international practices, since 2000-01. FDI statistics is
also available at the website www.dipp.gov.in

CONTENTS

SECTION A : FDI POLICY

SECTION B : PRESS NOTES ON FDI POLICY

SECTION C : FDI DATA

SECTION A

FDI POLICY

1

POLICY ON FOREIGN DIRECT INVESTMENT (FDI)
I. Sectors prohibited for FDI

i. Retail trading (except Single Brand Product retailing)

ii. Atomic energy

iii. Lottery business

iv. Gambling and Betting

II. All Activities/ Sectors would require prior Government approval for FDI in the following
circumstances:

i. where provisions of Press Note 1(2005 Series) are attracted;

ii. where more than 24% foreign equity is proposed to be inducted for manufacture of items
reserved for the Small Scale sector.

III. In Sectors/Activities not listed below, FDI is permitted up to 100% on the automatic route
subject to sectoral rules / regulations applicable.

IV. Sector-specific policy for FDI : In the following sectors/activities, FDI upto the limit indicated
below is allowed subject to other conditions as indicated:

S.No. Sector/Activity FDI Cap / Entry Other conditions Relevant Press
Equity Route Note issued by
Deptt. of IPP
www.dipp.gov.in
1. Airports-
a. Greenfield projects 100% Automatic Subject to sectoral PN 4 / 2006
regulations notified by
Ministry of Civil Aviation
www.civilaviation.nic. in
b. Existing projects 100% FIPB Subject to sectoral PN 4 / 2006
beyond regulations notified by
74% Ministry of Civil Aviation
2. Air Transport 49%- FDI; Automatic Subject to no direct or PN 4 / 2006
Services 100%- for indirect participation by
NRI foreign airlines. Government
investment of India Gazette Notification
dated 2.11.2004 issued by
Ministry of Civil Aviation

3

Deptt. of IPP
www.dipp.gov.in

3. Alcohol- 100% Automatic Subject to license by PN 4 / 2006
Distillation & appropriate authority
Brewing
4. Asset 49% FIPB Where any individual
Reconstruction (only investment exceeds 10% of
Companies FDI) the equity, provisions of
Section 3(3)(f) of
Securitization and
Reconstruction of Financial
Assets and Enforcement of
Security Interest Act, 2002
should be complied with.
www.finmin.nic.in
5. Atomic Minerals 74% FIPB Subject to guidelines issued
by Department of Atomic
Energy vide Resolution
No. 8/1(1)/97-PSU/1422
dated 6.10.98.
6. Banking - 74% Automatic Subject to guidelines for PN 2 / 2004
Private sector (FDI+FII) setting up branches /
subsidiaries of foreign banks
issued by RBI.
www.rbi.org.in
7. Broadcasting
a. FM Radio FDI +FII FIPB Subject to Guidelines PN 6 / 2005
investment notified by Ministry of
up to 20% Information & Broadcasting
www.mib.nic.in
b. Cable network 49% FIPB Subject to Cable Television
(FDI+FII) Network Rules (1994)
Notified by Ministry of
Information & Broadcasting
www.mib.nic.in
c. Direct-To-Home 49% FIPB Subject to guidelines issued
(FDI+FII). by Ministry of Information
Within this & Broadcasting
limit, FDI www.mib.nic.in
component
not to
exceed
20%

4

Deptt. of IPP
www.dipp.gov.in
d. Setting up 49% FIPB Subject to Up-linking PN 1 / 2006
hardware facilities (FDI+FII) Policy notified by Ministry
such as up-linking, of Information &
HUB, etc Broadcasting
www.mib.nic.in
e. Up-linking a News 26% FIPB Subject to guidelines issued PN 1/ 2006
& Current Affairs FDI+FII by Ministry of Information
TV Channel & Broadcasting
www.mib.nic.in
f. Up-linking a Non- 100% FIPB Subject to guidelines issued PN 1 / 2006
news & Current by Ministry of Information
Affairs TV & Broadcasting
Channel www.mib.nic.in
8. Cigars & 100% FIPB Subject to industrial license PN 4 / 2006
Cigarettes- under the Industries
Manufacture (Development & Regulation)
Act, 1951
9. Coal & Lignite 100% Automatic Subject to provisions of PN 4 / 2006
mining for captive Coal Mines
consumption by (Nationalization) Act, 1973
power projects, www.coal.nic.in
and iron & steel,
cement production
and other eligible
activities permitted
under the Coal
Mines
(Nationalisation)
Act, 1973.
10. Coffee & Rubber 100% Automatic PN 4 / 2006
processing &
warehousing
11. Construction 100% Automatic Subject to conditions PN 2 / 2005 &
Development notified vide Press Note 2 PN 2 / 2006
projects, including (2005 Series) including:
housing, a. minimum capitalization
commercial of US$ 10 million for
premises, resorts, wholly owned subsidiaries
educational and US$ 5 million for
institutions, joint venture. The funds
recreational would have to be brought
facilities, city within six months of
and regional commencement of
level infrastructure, business of the Company.
townships.

5

Deptt. of IPP
www.dipp.gov.in
b. Minimum area to be
developed under each
project- 10 hectares in
case of development of
serviced housing plots;
and built-up area of
50,000 sq. mts. in case
of construction
development project;
and any of the above in
case of a combination
project.
[Note: For investment by
NRIs, the conditions
mentioned in Press
Note 2 / 2005 are not
applicable.]
12. Courier services 100% FIPB Subject to existing laws and PN 4 / 2001
for carrying exclusion of activity relating
packages, parcels to distribution of letters,
and other items which is exclusively
which do not come reserved for the State.
within the ambit of www.indiapost.gov.in
the Indian Post
Office Act, 1898.

13. Defence 26% FIPB Subject to licensing under PN 4 / 2001 &
production Industries (Development & PN 2 / 2002
Regulation) Act, 1951 and
guidelines on FDI in
production of arms &
ammunition.

14. Floriculture, 100% Automatic PN 4 / 2006
Horticulture,
Development of
Seeds, Animal
Husbandry,
Pisciculture,
aqua-culture,
cultivation of
vegetables,
mushrooms,
under controlled
conditions and
services related to
agro and allied
sectors.

6

Deptt. of IPP
www.dipp.gov.in
15. Hazardous 100% Automatic Subject to PN 4 / 2006
chemicals, viz., industrial license under
hydrocyanic acid the Industries (Development
and its derivatives; & Regulation) Act, 1951
phosgene and its and other sectoral
derivatives; and regulations.
isocyanates and
diisocyantes of
hydrocarbon.

16. Industrial 100% Automatic Subject to PN 4 / 2006
explosives- industrial license under
Manufacture Industries (Development &
Regulation) Act, 1951 and
regulations under Explosives
Act, 1898

17. Insurance 26% Automatic Subject to licensing by the PN 10 / 2000
Insurance Regulatory &
Development Authority
www.irda.nic.in
18. Investing 49% FIPB Foreign investment in an PN 2 / 2000 &
companies in investing company will not PN 5 / 2005
infrastructure / be counted towards sectoral
services sector cap in infrastructure/services
(except telecom sector provided the
sector) investment is up to 49%
and the management of the
company is in Indian hands
19. Mining covering 100% Automatic Subject to Mines & PN 2 / 2000,
exploration and Minerals (Development & PN 3 / 2005, &
mining of diamonds Regulation) Act, 1957 PN 4 / 2006
& precious stones; www.mines.nic.in
gold, silver and Press Note 18 (1998) and
minerals. Press Note 1 (2005) are
not 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.

7

Deptt. of IPP
www.dipp.gov.in
20. Non Banking Finance Companies- approved activities
i) Merchant 100% Automatic Subject to: PN 2 / 2000,
banking a. minimum capitalization PN 6 / 2000, &
ii) Underwriting norms for fund based PN 2 / 2001
iii) Portfolio NBFCs - US$ 0.5 million
Management to be brought upfront for
Services FDI up to 51%; US$ 5
iv) Investment million to be brought
Advisory upfront for FDI above
Services 51% and up to 75%; and
v) Financial US$ 50 million out of
Consultancy which US$ 7.5 million to
vi) Stock Broking be brought upfront and the
vii) Asset balance in 24 months for
Management FDI beyond 75% and up
viii) Venture Capital to 100%.
ix) Custodial b. minimum capitalization
Services norms for non-fund based
x) Factoring NBFC activities-
xi) Credit US$ 0.5 million.
Reference c. foreign investors can set
Agencies up 100% operating
xii) Credit Rating subsidiaries without the
Agencies condition to disinvest a
xiii) Leasing & minimum of 25% of its
Finance equity to Indian entities
xiv) Housing subject to bringing in
Finance US$ 50 million without
xv) Forex Broking any restriction on
xvi) Credit card number of operating
business subsidiaries without
xvii) Money bringing additional
changing capital.
business d. joint venture operating
xviii) Micro credit NBFC’s that have 75%
xix) Rural credit. or less than 75% foreign
investment will also be
allowed to set up
subsidiaries for
undertaking other NBFC
activities subject to the
subsidiaries also
complying with the
applicable minimum
capital inflow.
e. compliance with the
guidelines of the RBI.

8

Deptt. of IPP
www.dipp.gov.in
21. Petroleum & Natural Gas sector
a. Other than 100% Automatic Subject to sectoral PN 1 / 2004 &
Refining and regulations issued by PN 4 / 2006
including market Ministry of Petroleum &
study and Natural Gas; and in the
formulation; case of actual trading and
investment/ marketing of petroleum
financing; setting products, divestment of
up infrastructure 26% equity in favour of
for marketing in Indian partner/public
Petroleum & within 5 years.
Natural Gas www.petroleum.nic.in
sector.
b. Refining 26% in FIPB Subject to Sectoral policy PN 2 / 2000
case of (in case of www.petroleum.nic.in
PSUs PSUs)
100% in
case of Automatic
Private (in case of
companies private
companies)
22. Print Media-
a. Publishing of 26% FIPB Subject to Guidelines
newspaper and notified by Ministry of
periodicals Information & Broadcasting.
dealing with www.mib.nic.in
news and
current affairs
b. Publishing of 100% FIPB Subject to guidelines issued PN 1 / 2004
scientific by Ministry of Information
magazines/ & Broadcasting.
specialty www.mib.nic.in
journals/
periodicals
23. Power including 100% Automatic Subject provisions of the PN 2 / 1998,
generation Electricity Act, 2003 PN 7 / 2000, &
(except Atomic www.powermin.nic.in PN 4 / 2006
energy);
transmission,
distribution and
Power Trading.
24. Tea Sector, 100% FIPB Subject to divestment of PN 6 / 2002
including tea 26% equity in favour of
plantation Indian partner/Indian
public within 5 years and
prior approval of State
Government for change in
land use.

9

Deptt. of IPP
www.dipp.gov.in
25. Telecommunications
a. Basic and 74% Automatic Subject to guidelines PN 5 / 2005
cellular, Unified (Including up to notified in the PN 5 (2005
Access Services, FDI, FII, 49%. Series).
National/ NRI,
International FCCBs, FIPB
Long Distance, ADRs, beyond
V-Sat, Public GDRs, 49%.
Mobile Radio convertible
Trunked preference
Services shares, and
(PMRTS), proportio-
Global Mobile nate
Personal foreign
Communications equity in
Services Indian
(GMPCS) and promoters/
other value Investing
added telecom Company)
services
b. ISP with 74% Automatic Subject to licensing and PN 4 / 2001
gateways, radio- up to 49%. security requirements
paging, end-to- notified by the Department
end bandwidth. FIPB of Telecommunications.
beyond www.dotindia.com
49%.
c. ISP without 100% Automatic Subject to the condition PN 9 / 2000
gateway, up to 49%. that such companies shall
infrastructure divest 26% of their equity
provider FIPB in favour of Indian public in
providing dark beyond 5 years, if these companies
fibre, electronic 49%. are listed in other parts of
mail and voice the world. Also subject to
mail licensing and security
requirements, where
required.
www.dotindia.com
d. Manufacture of 100% Automatic Subject to sectoral PN 2 / 2000
telecom requirements.
equipments www.dotindia.com

10

Deptt. of IPP
www.dipp.gov.in
26. Trading
a. Wholesale/cash 100% Automatic Subject to guidelines for PN 4 / 2006
& carry trading FDI in trading issued by
Department of Industrial
b. Trading for 100% Automatic Policy & Promotion vide
exports Press Note 3 (2006 Series).
c. Trading of items 100% FIPB
sourced from
small scale
sector
d. Test marketing 100% FIPB
of such items
for which a
company has
approval for
manufacture
e. Single Brand 51% FIPB
product retailing
27. Satellites - 74% FIPB Subject to Sectoral
Establishment guidelines issued by
and operation Department of Space/ISRO
www.isro.org
28. Special 100% Automatic Subject to Special PN 9 / 2000,
Economic Zones Economic Zones Act, 2005 PN 2 / 2006 &
and Free Trade and the Foreign Trade PN 4 / 2006
Warehousing Policy.
Zones covering www.sezindia.nic.in
setting up of
these Zones
and setting up
units in the
Zones

11

SECTION B

PRESS NOTES
ON FDI POLICY

13

PRESS NOTES ON FDI POLICY
S.No Press Note No. Subject Page No.
1. 3 (1997 Series) Guidelines for considering FDI proposals by FIPB 17
2. 2 (1998 Series) Foreign Equity for Electric Generation, transmission 23
3. 16 (1998 Series) Guidelines - Non-Banking Financial Companies (NBFCs) 24
4. 5 (1999 Series) Reduction in time frame for FIPB approvals 25
5. 7 (1999 Series) Increase in foreign equity (without change in % age) 26
6. 9 (1999 Series) Review of policy for downstream investment 27
7. 12 (1999 Series) Capitalisation norms for Non-Banking Financial Services 29
8. 2 (2000 Series) Expansion of list of activities for automatic route 30
9. 6 (2000 Series) FDI in Non-Banking Financial Sector - norms 39
10. 7 (2000 Series) Sectoral policy and sectoral equity cap review 40
11. 9 (2000 Series) Sectoral policy and sectoral equity cap review (SEZ) 41
12. 10 (2000 Series) Sectoral policy and sectoral equity cap review (Insurance) 43
13. 2 (2001 Series) Liberalisation of norms for foreign investment (NBFC) 44
14. 4 (2001 Series) Sectoral Policy and sectoral equity cap review 45
(Biotechnology, airports, defence industry sector, township,
tourism sector, courier services, MRTS, telecom services,
banking sector)
15. 2 (2002 Series) Guidelines for licensing production of Arms & Amumunitions. 47
16. 5 (2002 Series) Prohibition on foreign investment in lottery business, gambling 49
and betting.
17. 6 (2002 Series) Revision of Sectoral guidelines (agriculture sector) 50
18. 3 (2003 Series) Capitalisation of import payables 51
19. 5 (2003 Series) Issue of shares agaisnt External Commercial Borrowings 52
20. 1 (2004 Series) Sectoral guidelines and equity cap review (printing of scientific 53
& technical magazines, petroleum products, oil exploration,
petrole um product pipelines, Natural Gas / LNG Pipelines)
21. 2 (2004 Series) Sectoral guidelines and equity cap review (FDI limit in Indian 54
Private Sector Banks, setting up subsidiary by foreign banks)
22. Press Note Simplification of Foreign Investment Procedures 56
23. 1 (2005 Series) Guidelines for approval of foreign / technical collaborations 57
24. 2 (2005 Series) FDI in township, housing, built-up infrastructure and 58
construction development projects
25. 3 (2005 Series) Clarification regarding Guidelines for approval of foreign / 60
technical collaborations
26. 4 (2005 Series) Conversion of NRI investment into repatriable 61
equity - clarification
27. 5 (2005 Series) Enhancement of FDI Ceiling in Telcom Sector 62
28. Press Release Foreign Direct Investment (FDI) in Asset Reconstruction 66
Companies
29. 6 (2005 Series) FDI in Terrestrial Broadcasting FM 67
30. Press Release Clarifications on approval procedure regarding cases not 68
covered under automatic route of RBI.
31. 1 (2006 Series) FDI in UP-linking of TV Channels 69
32. 2 (2006 Series) Clarification regarding FDI in townships, housing, built-up 70
infrastructure and construction development projects
33. 3 (2006 Series) Guidelines for FDI in Retail Trade of ‘Single Brand’ Products 71
34. 4 (2006 Series) Rationalisation of the FDI Policy 72
35. 5 (2006 Series) Enhancement of FDI Ceiling in Telecom Sector-amendment to 74
Press Note 5 (2005 Series)

15

Government of India
Ministry of Industry
(Department of Industrial Policy & Promotion)
SIA (FC Division)
***

Press Note No. 3 (1997 Series)

The Government have taken a series of steps to further liberalise and streamline the procedures
and mechanism for approval of both domestie and foreign direct investment. In fulfilment of its
commitment to provide greater transparency in decision making, the Government have announced a
set of Guidelines for consideration of foreign direct invetment proposals by the Foreign Investment
Promotion Board.

A set of Guidelines announced in this regard is enclosed for general information and for information
of investors.

(Ashok Kumar)
Joint Secretary to the Government of India

F.No. 10(32)/97-IP
Dated 17th January, 1997.

17

Government of India
SIA (FC Division)
***

Guidelines for the consideration of Foreign Direct Investment (FDI)
proposals by the Foreign Investment Promotion Board (FIPB)

The following Guidelines are laid-down to enable the Foreign Investment Promotion Board (FIPB)
to consider the proposals for Foreign Direct Investment (FDI) and formulate its recommendations.

1. All applications should be put up before the FIPB by the SIA (Secretariat of Industrial Assistance)
within 15 days and it should.4 be ensured that comments of the administrative ministries are placed
before the Board either prior to/or in the meeting of the Board.

2. Proposals should be considered by the Board keeping in view the time-frame of 6 weeks for
communicating Government decision (i.e. approval of IM/CCFI or rejection as the case may be).

3. In cases in which either the proposal is not cleared or further information is required in order to
obviate delays presentation by applicant in the meeting of the FIPB should be resorted to.

4. While considering cases and making recommendations, FIPB should keep in mind the sectoral
requirements and the sectoral policies vis-a-vis the proposal(s).

5. FIPB would consider each proposal in totality (ie. if it includes apart from foreign investment.
technical collaboration/industrial licence) for composite approval or, otherwise. However,
the FIPB's recommendation would relate only to the approval for foreign financial and
technical collaboration and the foreign investors will need to take other prescribed
clearances separately.

6. The Board should examine the following while considering proposals submitted to it for consideration.

(i) whether the items of activity involve industrial licence or not and if so the considerations for
grant of industrial licence must be gone into;

(ii) whether the proposal involves technical collaboration and if so (a) the source and nature of
technology sought to be transferred, (b) the terms of payment (payment of royalty by 100%
subsidiaries is not permitted);

(iii) whether the proposal involves any mandatory requirement for exports and if so whether the
applicant is prepared to under take such obligation (this is for Small Industry Units, as also for
dividend balancing and for 100% EOUs/EPZ Units).

(iv) whether the proposal involves any export projection and if so the items of export and the
projectcd destinations.

18

(v) whether the proposal has concurrent commitment, under other schemes such as EPCG scheme,
etc.

(vi) in the case of Export Oriented Units (EOUs) whether the prescribed minimum value addition
norms and the minimum turn over of exports are met or not.

(vii) whether the proposal involves relaxation of locational restrictions stipulated in the industrial
licensing policy; and

(viii) whether the proposal has any strategic or defence related considerations.

7. While considering proposals the following may be prioritised.

(a) Items falling whithin Annexure III of the New Industrial Policy (i.e. those which do not qualify)'
for automatic approval).

(b) Items falling in infrastructure sector.

(c) Items which have an export potential.

(d) Items which have large scale employment potential and especially for rural people.

(e) Items which have a direct or backward linkage with agro business/farm sector

(f) Items which have greater social relevance such as hospitals, human resource development,
life saving drugs and equipment.

(g) Proposals which result in induction of technology or infusion of capital.

8. The following should be especially considered during the secrutiny and consideration of proposas.

(a) The extent of foreign equity proposed to be held (keeping in view sectoral caps if any - e.g.
24% for SSI units, 40% for air taxi/airlines operators, 49% in basic/cellular /paging etc. in
Telecom Sector.)

(b) Extent of equity with composition of foreign/NRl (which may include OCB)/resident Indians.

(c) Extent of equity from the point of view whether the proposed project would amount to a
holding company/wholly owned subsidiary/a company with dominant foreign investment (i.e.
76% or more) joint venture.

(d) Whether the proposed foreign equity is for setting up a new project (joint venture or otherwise)
or whether it is for enlargement of foreign/NRl equity or whether it is for fresh induction of
foreign equity/NRI equity in an existing Indian company.

19

(e) In the case of fresh induction offoreign/NRI equity and/or in cases of enlargement of foreign/
NRI equity), in existing Indian companies whether there is a resolution of the Board of
Directors supporting the said induction/enlargement of foreign/NRl equity and whether there
is a shareholders agreement or not.

(f) In the case of induction of fresh equity in the existing Indian companies and/or enlargement
of foreign equity in existing Indian companies, the reason why the proposal has been made
and the modality for induction/enhancement (i.e. whether by increase of paid up capital/
authorised capital, transfer of shares (hostile or otherwise) whether by rights issue, or by
what modality].

(g) Issue/transfer/pricing of shares will be as per SEBI/RBI guidelines.

(h) Whether the activity is an industrial or a service activity or a combination of both.

(i) Whether the item of activity involves any restriction by way of reservation for the small scale
sector.

(j) Whether there are any sectoral restrictions on the activity (e.g. there is ban on foreign investment
in real estate while it is not so for NRI/OCB investment).

(k) Whether the item involves only trading activity and if so whether it involves export or both
export and import, or also includes domestic trading and if domestic trading whether it also
includes retail trading.

(l) Whether the proposal involves import of items which are either hazardous, banned or detrimental
to environment (e.g. import of plastic scrap or recycled plastics).

In respect of the industries/activities listed in Annex III of the New Industrial Policy automatic approval
for majority equity holding (50/51/74 per cent) is accorded by the Reserve Bank of India. FIPB may
consider recommending higher levels of foreign equity in respect of these activities keeping in view the
special requirements and merit of each case.

10. In respect of other industries/activities the Board may consider recommending 51 per cent foreign
equity on examination of each individual proposal. For higher levels of equity upto 74 per cent the
Board may consider such proposals keeping in view considerations such as the extent of capital
needed for the project, the nature and quality of technology, the requirements of marketing and
management skills and the commitment for exports.

11. FIPB may consider and recommend proposals for 100 per cent foreign owned holding/subsidiary
companies based on the following criteria:

(a) where only "holding" operation is involved and all subsequent/downstream investments to be
carried out would require prior approval of the Government.

(b) where proprietary technology is sought to be protected or sophisticated technology is proposed
to be brought in;

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(c) where at least 50% of production is to be exported,

(d) proposals for consultancy; and

(e) proposals for power, roads, ports and industrial model towns/industrial parks or estates.

12. In special cases, where the foreign investor is unable initially to identify an Indian joint venture
partner, the Board may consider and recommend proposals permitting 100 per cent foreign equity
on a temporary basis on the condition that the foreign investor would divest to the Indian parties
(either individual, joint venture partners or general public or both) at least 26 percent of its equity
within a period of 3 - 5 years.

13. Similarly in the case of a joint venture, where the Indian partner is unable to raise resources for
expansion/technological upgradation of the existing industrial activity the Board may consider and
recommend increase in the proportion/percentage (up to 100 per cent) of the foreign equity in the
enterprise.

14. In respect of trading companies, 100 per cent foreign equity may be permitted in the case of the
activities involving the following;

(i) exports;

(ii) bulk imports with export/expanded warehouse sales;

(iii) cash and carry wholesale trading;

(iv) 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.

15. In respect of the companies in the infrastructure/services sector where there is a prescribed cap for
foreign investment, only the direct investment should be considered for the prescribed cap and
foreign investment in an investing company should not be set off against this cap provided the foreign
direct investment in such investing company does not exceed 49 per cent and the management of the
investing company is with the Indian owners.

16. No condition specific to the letter of approval issued to a foreign investor would be changed or
additional condition imposed subsequent to the issue of a letter of approval. This would not
prohibit changes in general policies and, regulations applicable to the industrial sector.

17. Where in case of a proposal (not being 100% subsidiary) foreign direct investment has been approved
upto a designated percentage of foreign equity in the joint venture company, the percentage would
not be reduced while permitting induction of additional capital subsequently. Also in the case of
approved activities, if the foreign investor(s) concerned wishes to bring in additional capital on later
dates keeping the investment to such approved activities, FIPB would recommend such cases for
approval on an automatic basis.

18. As regards proposal for private sector banks, the application would be considered only after "in
principle" permission is obtained from the Reserve Bank of India (RBI).

19. The restrictions prescribed for proposals in various sectors as obtained, at present, are given in the
Annex and these should be kept in view while considering the proposals.

21

These Guidelines are meant to assist the FIPB to consider proposals in an objective and transparent
manner. These would not in any way restrict the flexibility or bind the FIPB from considering the proposals
in their totality or making recommendations based on other criteria or special circumstances or features it
considers relevant. Besides these are in the nature of administrative Guidelines and would not in any way
be legally binding in respect of any recommendation to be made by the FIPB or decisions to be taken by
the Government in cases involving Foreign Direct Investment (FDI).

These guidelines are issued without prejudice to the Government's right to issue fresh guidelines or
change the legal provisions and policies whenever considered necessary.

22

Government of India
***


Under the present policy,. Indian companies undertaking generation and transmission of electric
energy, produced in hydro-electric power plants, coal based power plants, oil based thermal power
plants and gas based thermal power plants are eligible for automatic approval up to 74% foreign
equity.

2. The Government has reviewed the existing guidelines for automatic approval for foreign equity
for electric generation, transmission and distribution projects and has decided to enlarge the provisions
for automatic-approval for such projects. Accordingly, projects for electric generation, transmission
and distribution will be permitted foreign equity participation up to 100% on the automatic approval
route provided the foreign equity in any such project does not exceed Rs. 1500 crore. The categories
which would qualify for such automatic approval are:

(i) Hydro-electricpower plants.

(ii) Coal/lignite based thermal power plants.

(iii) Oil based thermal power plants.

(iv) Gas based thermal power plants.

3. It is clarified that the facility for automatic approval, as enumerated in paragraph 2 above, does not
include generation, transmission and distribution of electric energy produced in atomic reactor power
plants and hence such proposals shall not qualify for automatic approval by RBI under this Press Note.

4. The provisions referred in para 2 above would be listed under the heading Part "D" of Annexure-III
as appended to this Press Note as a substitution of the existing entry No. C-4 in Part “C” of Annexure-III.

5. The list appended to this Press Note is based on the National Industrial Classification of all Economic
Activities (NIC), 1987. The entrepreneurs/investors are advised to give the description of their activity
under this classification system when submitting their applications to the RBI.

6. All other terms and conditions as notified under Press Note No. 2 (1997 Series) dated the 17th
January, 1997 and Press Note No. 14 (1997 Series) dated the 8th October, 1997 remain unchanged.

(Ashok Kumar)
F.No. 10(31)/97-I.P.
Dated 13th June, 1998.

23

Government of India
***


In the Press Note No. 4 (1997 Series) issued by this Department on 30th April, 1997, guidelines
for FDI in the Non-Banking Financial Companies (NBFCs) including norms for the minimum
capitalisation were announced. The question of minimum capitalisation requirement has been reviewed
by the Government and it has been decided that foreign investment proposals for purely financial
consultancy services that are non-fund based, would not be subjected to the minimum capitalisation
norms subject to the following conditions :-

“It would not be permissible for such a company to set up by any subsidiary for any other
activity, nor any equity it may contribute in an NBFC holding/operating company would be reckoned
as domestic equity.”

NBFCs undertaking fund based activities shall, however, continue to attract minimum
capitalisation norms.

(Ashok Kumar)
F.No. 10(32)/97-I.P.
Dated 3rd November, 1998.

24

Government of India
***

Press Note No. 5 (1999 SERIES)

As per guideline No. 2 of the Guidelines for the consideration of Foreign Direct Investment (FDI)
proposals by the Foreign Investment Promotion Board (FIPB) as notified vide Press Note No. 3 (1997
series), proposals for FDI should be considered by the Board keeping in view the time-frame of six weeks
for communicating government decision (i.e., approval of IM or CCFI or rejection as the case may be).

With a view to expediting disposal of FDI proposals, Government have decided to reduce the time
frame for consideration of such proposals to thirty (30) days from six weeks. Accordingly, guideline No. 2
as contained in Press Note No. 3 (1997 series) shall stand modified as under:

"Proposals should be considered by the Board keeping in view the time-frame of thirty (30)
days for communicating Government decision (i.e., approval of IM/CCFI or rejection as the case may
be)."

This is for general information of investors.

(Ashok Kumar)
F. No. 10(32)/97-IP
Dated 19th March, 1999.

25

Government of India
***


As per existing provision the foreign collaboration approvals are subject to the condition that the
total non resident shareholding including foreign holding in the Indian company should not exceed the
amount as well as the percentage specified in the approval letter. For any proposed increase in the amount
as also the percentage of non resident shareholding, prior approval of the Government is necessary.

Proposals are received by the Government for financial restructuring in the following manner:

(a) in the case of joint venture companies proposals for increase in the amount of non resident
equity within the approved percentage of non resident equity and

(b) In case of wholly owned subsidiaries or holding companies of foreign companies in India,
proposals relating to enhancement of paid up capital.

Government keeping in view the desirability of infusion of additional funds as equity by the
foreign company leading to increased investment inflows have reviewed the existing provision for
obtaining prior approval of the Government for increase in the amount of foreign equity without
change in the percentage of equity in the above type of cases and decided that henceforth there
would be no need for obtaining prior approval of FIPB/Government for increase in the amount of
foreign equity within the percentage of foreign equity already approved in all cases in which the
original project cost was up to Rs. 600 crore. Any company can henceforth infuse additional funds
by way of foreign equity as a result of financial restructuring (provided there is no change in the
percentage of foreign equity) and notify the same to the Secretariat of Industrial Assistance (SIA)
within thirty days of receipt of funds as also allotment of shares to non resident shareholders.

The above procedure will. however, not apply in cases of increase in the percentage of foreign
equity as also where initial approval was granted by CCFI. Such cases shall require prior approval of the
FIPB/Government as per the existing procedure.

This is for general information of investors.

(Ashok Kumar)
F.No. 7(9)/99-IP
Dated 1st April, 1999.

26

Government of India
***


Subject: Policy relating to the standard conditions applicable to foreign owned Indian holding companies
requiring prior and specific approval of FIFB/Government for downstream investment in Annexure
III activities, which qualify for Automatic Approval.

The Government have reviewed the existing policy relating to the standard conditions
applicable to foreign owned Indian holding companies requiring prior and specific approval of
FIFB/Government for downstream investment. On careful consideration of the matter and
with a view to further simplifying the investment procedures for downstream investment. it has
been decided to permit foreign owned Indian holding companies to make downstream
investment in Annexure III activities, which qualify for Automatic Approval subject to the
following conditions:-

(a) downstream investments may be made within foreign equity levels permitted for different
activities under the automatic route;

(b) proposed/existing activities for the joint venture company being fully confined to Annexure III
activities;

(c) increase in equity level resulting out of expansion of equity base of the existing/fresh equity of
the new joint venture company;

(d) the downstream investment involving setting up of an EOU/STP/EHTP project or items involving
compulsory licensing; SSI reserved items; acquisition of existing stake in an Indian company
by way of transfer/ as also buyback shall not be eligible for automatic approval and shall
require prior approval of FIPB/Government;

(e) the holding company to notify SIA of its downstream investment within 30 days of such
investment even if shares have not been allotted alongwith the modality of investment in new/
existing ventures (with/without expansion programme);

(f) proposals for downstream investment by way of induction of foreign equity in an existing
Indian Company to be duly supported by a resolution of the Board of Directors supporting
the said induction as also a shareholders Agreement and consent letter of the Foreign
Collaborator;

(g) issue/transfer/pricing/valuation of shares shall be in accordance with SEBI/RBI guidelines;

(h) foreign owned holding companies would have to bring in requisite funds from abroad and not
leverage funds from domestic market for such investments. This would, however not preclude
downstream operating companies to raise debt in the domestic market.

27

2. The above procedure will form part of the FIPB Guidelines and paragraph 11(a) of the "Guidelines
for the consideration of Foreign Direct Investment (FDI) proposals by the Foreign Investment
Promotion Board (FIPB)" notified vide Press Note No. 3 (1997 Series) shall stand modified
accordingly in respect of down stream investment by foreign owned Indian holding companies.

3. All investors and entrepreneurs may please take note of the aforesaid revision in the policy.

(Ashok Kumar)
F.No. 7(13)/99-IP
Datde 12th April, 1999.

28

Government of India
***


The Government, vide Press Note No. 4 (1997 Series), had announced the norms for FDI in Non
Banking Financial Sector. It was further clarified vide Press Note No. 16 (1998 series) that foreign
investment proposals for purely financial consultancy services that are non-fund based, would not be
subjected to the minimum capitalisation norms as applicable to the NBFCs subject to certain conditions.

2. The matter has been reviewed and it has since been decided as under:

3. The guidelines for foreign equity investment in Non Banking Financial Services sector would be
amended to provide for a minimum capitalisilion norm of US$ 0.5 million, for the activities which are not
fund based and only advisory or consultancy in nature, irrespective of the foreign equity participation level.

4. The provision of (1) above would be applicable in the following permitted NBFC activities for
foreign equity investment:

i. Investment advisory services

ii. Financial consultancy

iii. Credit Reference Agencies

iv. Credit Rating Agencies

v. Forex broking

vi. Money changing business

5. The other provisions of the guidelines of Press Note No. 4 (1997 Series) and Press Note
No. 16 (1998 Series) would, however, continue to be applicable in the above cases.

(Ashok Kumar)
F. No. 10(32)/97-IP
Dated 1st July, 1999.

29

Government of India
SIA (FC Division)
***

Press Note No.2 (2000 Series)

Subject : Expansion of list of industries/activities eligible for automatic route for Foreign Direct Investment
(FDI), Non Resident Indian (NRI) and Overseas Corporate Body (OCB) investment.

In pursuance of Government’s commitment to early implementation of the second phase of the
economic reforms and with a view to further liberalising the FDI regime, Government, on review of the
policy on FDI, has decided to place all items / activities under the automatic route for FDI/NRI and OCB
investment except the following :

i. All proposals that require an Industrial Licence which includes (i) the item requiring an Industrial
Licence under the Industries (Development and Regulation) Act, 1951; (ii) foreign investment
being more than 24% in the equity capital of units manufacturing items reserved for small
scale industries; and (iii) all items which require an Industrial Licence in terms of the locational
policy notified by Government under the New Industrial Policy of 1991.

ii. All proposals in which the foreign collaborator has a previous venture/tie-up in India. The
modalities prescribed in Press Note No. 18 dated 14.12.98 of 1998 Series, shall apply in
such cases.

iii. All proposals relating to acquisition of shares in an existing Indian company in favour of a
foreign/NRI/OCB investor.

iv. All proposals falling outside notified sectoral policy/caps or under sectors in which FDI is not
permitted and/or whenever any investor chooses to make an application to the FIPB and not
to avail of the automatic route.

2. All proposals for investment in public sector units as also for EOU/EPZ/ EHTP/STP units would
qualify for automatic route subject to the above parameters.

3. The modalities and procedures for automatic route would remain the same and RBI would continue
to be the concerned agency for monitoring/reporting as per existing procedure. The National Industrial
Classification of all Economic Activities (NIC), 1987, shall remain applicable for description of activities
and classification for all matters relating to FDI/NRI/OCB investment.

4. FDI/NRI/OCB investment under the automatic route shall continue to be governed by the notified
sectoral policy and equity caps and RBI shall ensure compliance with the same.

30

5. Areas/sectors/activities hitherto not open to FDI/NRI/OCB investment shall continue to be so unless
otherwise decided and notified by Government.

6. Henceforth, any change in sectoral policy/sectoral equity cap shall be notified by the Secretariat for
Industrial Assistance (SIA) in the Department of Industrial Policy & Promotion.

7. Press Note No. 2 (1997 Series), Press Note No. 14 (1997 Series), Press Note No. 2 (1998
Series) and Press Note No. 1 (1999 Series) stand superseded to the extent as aforesaid.

(Ashok Kumar)

F. No. 7(4)/2000-IP
Dated 11th February, 2000.

31

SECTOR SPECIFIC GUIDELINES FOR FOREIGN DIRECT INVESTMENT

Sl.No. Sector Guidelines
1. Banking 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.
Non-Banking a. FDI/NRI/OCB investments allowed in the following 17 NBFC
Financial activities shall be as per levels indicated below:
Companies i. Merchant banking
(NBFC) ii. Underwriting
iii. Portfolio Management Services
iv. Investment Advisory Services
v. Financial Consultancy
vi. Stock Broking
vii. Asset Management
viii. Venture Capital
ix. Custodial Services
x. Factoring
xi. Credit Reference Agencies
xii. Credit rating Agencies
xiii. Leasing & Finance
xiv. Housing Finance
xv. Forex Broking
xvi. Credit card business
xvii. Money changing Business
b. Minimum Capitalisation Norms for fund based NBFCs:
i For FDI upto 51% - US$ 0.5 million to be brought upfront
i For FDI above 51% and upto 75% - US$5 million to be
brought upfront
iii For FDI above 75% and upto 100% - US$ 50 million
out of which US $ 7.5 million to be brought upfront and
the balance in 24 months
iv 100% NBFC with a minimum capital of US$ 50 million
allowed to set up 100% downstream subsidiary to
undertake specific NBFC activities. Such a subsidiary,
however, would be required to dis-invest its equity to
the minimum extent of 25%, through a public offering
only, within a period of 3 years.
c. Minimum capitalisation norms for non-fund based activities:

32

Minimum capitalisation norm of US $ 0.5 million is applicable
in respect of all permitted non-fund based NBFCs with foreign
investment.
2. Civil Aviation In the domestic Airlines sector:
(detailed guidelines i. FDI upto 40% permitted subject to no direct or indirect equity
have been issued participation by foreign airlines is allowed.
by Ministry of ii. 100% investment by NRIs/OCBs.
Civil Aviation) iii. The automatic route is not available.
3. Telecommunication i. 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.
ii. No equity cap is applicable to manufacturing activities.
4. Information FDI upto 100% permitted for E-commerce activities subject to
Technology 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 retail trading, inter alia,
implying that existing restrictions on FDI in domestic trading would be
applicable to e-commerce as well.

5. Petroleum a. Under the exploration policy, FDI upto 100% is allowed for
(other than small fields through competitive bidding; upto 60% for
Refining) unincorporated JV; and upto 51% for incorporated JV with a
No Objection Certificate for medium size fields.
b. For petroleum products and pipeline sector, FDI is permitted
upto 51%.
c. FDI is permitted upto 74% in infrastructure related to marketing
and marketing of petroleum products.
d. 100% wholly owned subsidiary(WOS) is permitted for the
purpose of market study and formulation.
e. 100% wholly owned subsidiary is permitted for investment/
Financing.
f. For actual trading and marketing, minimum 26% Indian equity
is required over 5 years.

33

Petroleum Refining a. FDI as permitted upto 26% in case of Public Sector Units. 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.
6. Housing & Real No foreign investment is permitted in this sector. NRIs/OCBs are
Estate allowed to invest. The scheme specific to NRIs and OCBs covers
the following:
a. Development of serviced plots and construction of built up
residential premises.
b. Investment in real estate covering construction of residential
and commercial premises including business centres and offices
c. Development of townships
d. City and regional level urban infrastructure facilities, including
both roads and bridges
e. Investment in manufacture of building materials
f. Investment in participatory ventures in (a) to (e) above
g. Investment in housing finance institutions
7. Coal and Lignite i. Private Indian companies setting up or operating power projects
as well as coal or lignite mines for captive consumption are
allowed FDI upto 100%.
ii. 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.
iii. FDI upto 74% is allowed for exploration or mining of coal or
lignite for captive consumption.
iv. 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.
8. Venture Capital An offshore venture capital company may contrinute upto 100%
Fund (VCF) and of the capital of a domestic venture capital fund and may also set
Venture Capital up a domestic asset management company to manage the fund.
Company(VCC)
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

34

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.
9. 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:-
i. 100% FDI is permitted in case of trading companies for the
following activities:
exports;
bulk imports with export/exbonded 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:
a. Companies for providing after sales services (that is no trading
per se)
b. 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.
c. Trading of hi-tech items/items requiring specialised after sales
service
d. Trading of items for social sector
e. Trading of hi-tech, medical and diagnostic items.
f. 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.
g. Domestic sourcing of products for exports.
h. 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.
10. Investing companies In respect of the companies in infrastructure/service sector, where
in infrastructure/ there is a prescribed cap for foreign investment, only the direct
service sector 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.

35

11. 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):
a. Mining and mineral separation
b. Value addition per se to the products of (a) above
c. Integrated activities (comprising of both (a) and (b) above.
The following FDI participation is permitted:
i. Upto 74% in both pure value addition and integrated projects.
ii. 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%.
iii. In exceptional cases, FDI beyond 74% will be permitted subject
to clearance of the Atomic Energy Commission before FIPB
approval.

12. Defence and No FDI/NRI/OCB investment is permitted
strategic industries

13. Agriculture No FDI/NRI/OCB investment is permitted
(including
plantation)

14. Print media No FDI/NRI/OCB investment is permitted

15. Broadcasting No FDI/NRI/OCB investment is permitted

16. Power Upto 100% FDI allowed

17. Drugs & i. FDI upto 74% in the case of bulk drugs, their intermediates
Pharmaceuticals and formulations (except those produced by the use of
recombinant DNA technology) would be covered under
automatic route.
ii. 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.

36


18. Roads & FDI upto 100% under automatic route is permitted in projects for
Highways, construction and maintenance of roads, highways, vehicular
Ports and Harbours. bridges, toll roads, vehicular tunnels, ports and harbours.

19. 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 organisation.
Automatic route is also available upto 51% subject to the following
parameters.
For foreign technology agreements, automatic approval is granted if
i. upto 3% of the capital cost of the project is proposed to be paid
for technical and consultancy services including fees for
architecture, design, supervision, etc.
ii. upto 3% of the net turnover is payable for franchising and
marketing/publicity support fee, and
iii. upto 10% of gross operating profit is payable for management
fee, including incentive fee.

20. Mining. i. For exploration and mining of diamonds and precious stones
FDI is allowed upto 74% under automatic route.
ii. 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.
iii. 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.

21. 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.

37

22. Pollution FDI upto 100% in both manufacture of pollution control equipment
Control and and consultancy for integration of pollution control systems is
management permitted under automatic route.

23. Advertising and Automatic approval is available for the following:
films Upto 74% FDI in advertising sector
Upto 100% FDI in film industry (i.e. film financing,
production, distribution, exhibition, marketing and
associated activities relating to film industry) subject to the
following:
i. Companies with an established track record in films, TV,
music, finance and insurance would be permitted.
ii. The company should have a minimum paid up capital of
US$ 10 million if it is the single largest equity shareholder
and at least US$ 5 million in other cases.
iii. Minimum level of foreign equity investment would be US$
2.5 million for the single largest equity shareholder and US$
1 million in other cases.
iv. Debt equity ratio of not more than 1:1, i.e., domestic
borrowings shall not exceed equity.

38

Government of India
SIA (FC Division)
***


Subject : FDI in the Non-Banking Financial Sector – relaxation of norms – reg.

Press Note No. 4 (1999 Series), inter-alia, provides for a 100% foreign equity in Non-Banking
Finance Companies (NBFCs) where such NBFC has to act only as a holding company with a minimum
capitalisation of US $ 50 million and specific activities to be undertaken by down stream subsidiaries with
minimum 25% domestic equity, of which 10% has to be brought-up front and the remaining 15% over a
period of 2 years.

2. Government, on review of the policy in this regard, has decided to allow holding companies with a
minimum capital of US$ 50 million, to set up a 100% downstream subsidiary to undertake specific NBFC
activities. Such a subsidiary, however, would be required to dis-invest its equity to the minimum extent of
25%, through a public offering only, within a period of 3 years.

3. Press Note No. 4 (1997 Series) issued by Government on 30th April, 1997 shall stand amended to
the above extent.

4. The other provisions of the NBFC guidelines issued through Press Notes No. 13 of (1997 Series),
8 and 16 of (1998 Series), 11, 12 and 14 of (1999 Series) would continue to be applicable.

(A.C. Duggal)
Director

F. No. 7(4)/2000-IP
Dated 31st March, 2000.

39

Government of India
SIA (FC Division)
***
Subject: Review of existing sectoral policy and sectoral equity cap for Foreign Direct Investment (FDI)
/ Non Resident Indian (NRI) / Overseas Corporate Bodies (OCB) Investment.
In pursuance of Government’s commitment to further liberalising the FDI regime, Government, on
review of the policy on FDI, has decided to bring about the following changes in the FDI policy:
I. Foreign Direct Investment upto 100% is allowed for e-commerce activities subject to the condition
that such companies would divest 26% of their equity in favour of the Indian public in 5 years, if
these companies are listed in other parts of the world. Further, these companies would engage only
in business to business (B2B) e-commerce and not in retail trading, inter alia, implying that existing
restrictions on FDI in domestic trading would be applicable to e-commerce as well.
II. Vide Press Note No. 12 of 1992 Series, it had been decided to withdraw the condition of dividend
balancing in all foreign investment approvals except for industries in the 22 specified consumer
goods sector. On review of the existing policy on dividend balancing applicable to 22 specified
consumer goods industries, and with a view to attracting FDI, it has been decided, with immediate
effect, to remove the condition of dividend balancing on these 22 consumer goods industries. This
decision will come into force from the date of issue of this Press Note and the export obligation and
concomitant dividend balancing will remain applicable until the date of issue of this Press Note.
III. Under Press Note No. 2 of 1998 series, projects for electricity generation, transmission and
distribution with foreign equity upto 100%, had been made eligible for automatic approval provided
the foreign equity in any such project does not exceed Rs. 1500 crore. The categories that qualified
for such automatic approval are hydroelectric power plants, coal / lignite based thermal power
plants, oil based thermal power plants and gas based thermal power plants. Generation, transmission
and distribution of electrical energy produced in atomic reactor power plants is not elgible for automatic
approval. Keeping in view the growing demand for power in the country and the need for more
investment in this sector, Government, as part of further liberalisation of FDI regime, has decided to
remove the upper limit for foreign direct investment in respect of projects relating to electric generation,
transmission and distribution (other than atomic reactor power plants).
IV. As per existing guidelines for FDI in petroleum sector, FDI in refining is permitted upto 26%
(public sector holding of 26% and balance 48% by public). In case of private Indian companies,
FDI in refining is permitted upto 49%. Government, as part of liberalisation of FDI regime has
decided to increase the level of FDI in oil refining sector under automatic route from the existing
49% to 100%.
(M.S. Srinivasan)
F. No. 7(4)/2000-IP
Dated 14th July, 2000.

40

Government of India
SIA (FC Division)
***


Subject : Review of existing sectoral policy and sectoral equity cap for Foreign Direct Investment (FDI)
and investment by Non Resident Indians (NRI) / Overseas Corporate Bodies (OCB).

In pursuance of Government’s commitment to liberalisting the FDI regime, Government, on review
of the policy on FDI, has decided to bring about the following changes in the FDI policy :

I. FDI upto 100% is allowed through the automatic route for all manufacturing activities in Special
Economic Zones (SEZs), except for the following activities :

a. arms and ammunition, explosives and allied items of defence equipment, defence aircraft
and warships;

b. atomic substances;

c. narcotics and psychotropic substances and hazardous chemicals;

d. distillation and brewing of alcoholic drinks; and

e. cigarettes / cigars and manufactured tobacco substitutes.

II. FDI upto 100% is allowed for the following activities in the telecom sector :

a. ISPs not providing gateways (both for satellite and submarine cables);

b. Infrastructure Providers providing dark fibre (IP Category I);

c. Electronic Mail; and

d. Voice Mail

The above would be subject to the following conditions :

a. 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.

b. The above services would be subject to licensing and security requirements, wherever required.

c. Proposals for FDI beyond 49% shall be considered by FIPB on case to case basis.

III. Payment of royalty upto 2% for exports and 1% for domestic sales is allowed under automatic route
on use of trademarks and brand name of the foreign collaborator without technology transfer.

41

IV. Payment of royalty upto 8% on exports and 5% on domestic sales by wholly owned subsidiaries to
offshore parent companies is allowed under the automatic route without any restriction on the duration
of royalty payments.

V. 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.

(A.C. Duggal)
Director

F. No. 7(4)/2000-IP
Dated 8th September, 2000.

42

Government of India
SIA (FC Division)
***


Subject : Review of existing sectoral policy and sectoral equity cap for Foreign Direct Investment (FDI)
and investment by Non Resident Indians (NRI) / Overseas Corporate Bodies (OCB).

In pursuance of Government’s commitment to liberalise the FDI regime, on review of the policy on
FDI, it has been decided that foreign equity participation upto 26% in the Insurance sector, as prescribed
in the Insurance Act, 1999, will be allowed under the automatic route.

Companies bringing in FDI shall, however, be required to obtain necessary licence from the Insurance
Regulatory & Development Authority for undertaking insurance activities.

(M.S. Srinivasan)

F. No. 7(4)/2000-IP
Dated 19th October, 2000.

43

Government of India
SIA (FC Division)
***


Subject : Liberalisation of the existing norms for foreign investment in the NBFC sector.

In pursuance of the Government’s commitment to liberalise the FDI regime, it has been decided to
further liberalise the FDI guidelines in respect of NBFC sector as under :

(a) The existing requirements to bring in capital would continue to be applicable. That is, if the

(i) FDI is less than 51%, US$ 0.5 million to be brought in upfront;

(ii) FDI is more than 51% and upto 75%, US$ 5 million to be brought in upfront; and

(iii) FDI is more than 75% and upto 100%, US$ 50 million, out of which US$ 7.5 million to
be brought in upfront and the balance in 24 months.

(b) Foreign investors can set up 100% operating subsidiaries without the condition to disinvest a
minimum of 25% of its equity to Indian entities, subject to bringing in US$ 50 million as at (a) (iii)
above (without any restriction on number of operating subsidiaries without bringing in additional
capital).

(c) Joint Venture operating NBFCs that have 75% or less than 75% foreign investment will also
be allowed to set up subsidiaries for undertaking other NBFC activities, subject to the subsidiaries
also complying with the applicable minimum capital inflow, i.e., (a) (i) and (a) (ii) above.

(d) FDI in the NBFC sector is put on automatic route subject to compliance with guidelines of the
Reserve Bank of India. RBI would issue appropriate guidelines in this regard.

2. Press Note No.4 (1997 Series), Press Note No.13 (1997 Series), Press Note No.8 (1998 Series),
Press Note No.16 (1998 Series), Press Note No.11 (1999 Series), Press Note No.12 (1999 Series) and
Press Note No.6 (2000 Series) issued on FDI in NBFC Sector stand modified to this extent.

(M. S. Srinvasan)

F. No. 5(16)/2001-FC.I
Dated 17th April, 2001.

44

Government of India
SIA (FC Division)
***


Subject : Revision of existing sectoral guidelines and equity cap on Foreign Direct Investment (FDI),
including investment by Non Resident Indians (NRIs) and Overseas Corporate Bodies (OCBs).

With a view to further liberalising the FDI regime, Government have effected the following changes
in the FDI policy:

i. FDI up to 100% is permitted on the automatic route for manufacture of drugs and
pharmaceutical, provided the activity does not attract compulsory licensing or involve use
of recombinant DNA technology and specific cell / tissue targeted formulations. FDI
proposals for the manufacture of licensable drugs and pharmaceuticals and bulk drugs
produced by recombinant DNA technology and specific cell / tissue targeted formulations
will require prior Government approval.

ii. FDI up to 100% is permitted in airports, with FDI above 74% requiring prior approval of
the Government.

iii. The defence industry sector is opened up to 100% for Indian private sector participation
with FDI permissible up to 26%, both subject to licensing.

iv. FDI up to 100% is permitted for development of integrated townships, including
housing, commercial premises, hotels, resorts, city and regional level urban
infrastructure facilities such as roads and bridges, mass rapid transit systems; and
manufacture of building materials. Development of land and providing allied
infrastructure will form an integral part of township’s development, for which necessary
guidelines/norms relating to minimum capitalisation, minimum land area, etc., will be
notified separately by the Government. FDI in this sector would be permissible with
prior Government approval.

v. FDI up to 100% is permitted on the automatic route in hotel and tourism sector.

vi. FDI up to 100% is permitted in courier services subject to existing laws and exclusion of
activity relating to distribution of letters. FDI in this sector would be permissible with prior
Government approval.

vii. FDI up to 100% is permitted on the automatic route for Mass Rapid Transport Systems in
all metropolitan cities, including associated commercial development of real estate.

viii. NRI investment in foreign exchange is made fully repatriable whereas investments made in
Indian rupees through rupee accounts shall remain non-repatriable.

45

ix. FDI up to 74% is permitted for the following telecom services subject to licensing and security
requirements:

a. Internet service providers with gateways;

b. Radio paging; and

c. End-to-end bandwidth

Proposals with FDI beyond 49% shall require prior Government approval.

x. FDI up to 49% from all sources is permitted in the banking sector on the automatic
route subject to conformity with guidelines issued by RBI from time to time.

2. The provisions of Press Note No. 2 of 2000 stand modified to the above extent.

(M. S. Srinvasan)

F. No. 5(6)/2000-FC.I
Dated: 21st May, 2001.

46

Government of India
SIA (FC Division)
***


Subject: Guidelines for licensing production of Arms & Ammunitions.

In pursuance of the Government decision to allow private sector participation up to 100% in
the defence industry sector with foreign direct investment (FDI) permissible up to 26%, both subject
to licensing, as notified vide Press Note No. 4 (2001 Series), the following guidelines for licensing production
of arms and ammunitions are hereby notified:

1. Licence applications will be considered and licences given by the Department of Industrial
Policy & Promotion, Ministry of Commerce & Industry, in consultation with Ministry of Defence.

2. Cases involving FDI will be considered by the FIPB and licences given by the Department of
Industrial Policy & Promotion in consultation with Ministry of Defence.

3. The applicant should be an Indian company / partnership firm.

4. The management of the applicant company / partnership should be in Indian hands with majority
representation on the Board as well as the Chief Executive of the company / partnership firm
being resident Indians.

5. Full particulars of the Directors and the Chief Executives should be furnished along with the
applications.

6. The Government reserves the right to verify the antecedents of the foreign collaborators and
domestic promoters including their financial standing and credentials in the world market.
Preference would be given to original equipment manufacturers or design establishments and
companies having a good track record of past supplies to Armed Forces, Space and Atomic
energy sectors and having an established R & D base.

7. There would be no minimum capitalization for the FDI. A proper assessment, however,
needs to be done by the management of the applicant company depending upon the
product and the technology. The licensing authority would satisfy itself about the
adequacy of the net worth of the foreign investor taking into account the category of
weapons and equipment that are proposed to be manufactured.

8. There would be a three-year lock-in period for transfer of equity from one foreign investor to
another foreign investor (including NRIs & OCBs with 60% or more NRI stake) and such
transfer would be subject to prior approval of the FIPB and the Government.

9. The Ministry of Defence is not in a position to give purchase guarantee for products to be
manufactured. However, the planned acquisition programme for such equipment and overall
requirements would be made available to the extent possible.

47

10. The capacity norms for production will be provided in the licence based on the application as
well as the recommendations of the Ministry of Defence, which will look into existing capacities
of similar and allied products.

11. Import of equipment for pre-production activity including development of prototype by the
applicant company would be permitted.

12. Adequate safety and security procedures would need to be put in place by the licensee once
the licence is granted and production commences. These would be subject to verification by
authorized Government agencies.

13. The standards and testing procedures for equipment to be produced under licence from
foreign collaborators or from indigenous R & D will have to be provided by the licensee
to the Government nominated quality assurance agency under appropriate confidentiality
clause. The nominated quality assurance agency would inspect the finished product
and would conduct surveillance and audit of the Quality Assurance Procedures of the
licensee. Self-certification would be permitted by the Ministry of Defence on case to
case basis, which may involve either individual items, or group of items manufactured
by the licensee. Such permission would be for a fixed period and subject to renewals.

14. Purchase preference and price preference may be given to the Public Sector organizations
as per guidelines of the Department of Public Enterprises.

15. Arms and ammunition produced by the private manufacturers will be primarily sold to
the Ministry of Defence. These items may also be sold to other Government entities
under the control of the Ministry of Home Affairs and State Governments with the
prior approval of the Ministry of Defence. No such item should be sold within the
country to any other person or entity. The export of manufactured items would be
subject to policy and guidelines as applicable to Ordnance Factories and Defence Public
Sector Undertakings. Non-lethal items would be permitted for sale to persons / entities
other than the Central or State Governments with the prior approval of the Ministry of
Defence. Licensee would also need to institute a verifiable system of removal of all
goods out of their factories. Violation of these provisions may lead to cancellation of
the licence.

16. Government decision on applications to FIPB for FDI in defence industry sector will be
normally communicated within a time frame of 10 weeks from the date of acknowledgement
by the Secretariat for Industrial Assistance in the Department of Industrial Policy &
Promotion.

(M. S. Srinvasan)

F. No. 5(37)/2001-FC:I

48

Government of India
SIA (FC Division)
***


Subject: Prohibition on foreign investment in lottery business, gambling and betting - regarding

As per existing policy, lottery business, gambling and betting are not open to foreign investment,
which applies to FDI, FII portfolio investment, NRI/OCB portfolio investment, NRI/OCB investment on
non-repatriation basis and investment by foreign venture capital investors.

2. Government has been receiving queries from certain State Governments, prospective investors,
technology providers, franchise / trademark / brand name licesnsors, management consultants, etc. as to
whether fdi is permissible in Government / private lotteries, online lotteries, casinos, etc., and also whether
foreign technology collaboration, including licensing of franchise / trademark / brand name, management
contract, etc., are permitted in the lottery business, gambling and betting sector.

3. It is clarified that both foreign investment and foreign technology collaboration in any form are
completely prohibited in the lottery business, gambling and betting sector.

(M.S. Srinivasan)
Joint Secretary to the Government of india

F. No. 5(31)/2000-FC I

49

Government of India
SIA (FC Division)
***


Subject: Revision of existing sectoral guidelines for FDI, including investment by non-resident Indians and
overseas corporate bodies.

As part of the ongoing liberalisation of the FDI regime, the Government, in partial relaxation of the
extant policy which prohibits FDI in the agriculture sector, including plantations, has decided to allow FDI
up to 100% in tea sector, including tea plantations. Proposals for FDI in tea sector will require prior
approval of the Central Government and would be subject to following conditions:

(i) compulsory divestment of 26% equity of the company in favour of an Indian partner / Indian
public within a period of five years; and

(ii) prior approval of the State Government concerned in case of any future land use change.

The above dispensation would be applicable to all fresh investments (FDI) made in this sector from
the date of this notification.

2. The provisions of Press Note No. 2 (2000 Series) dated 11.2.2000 stand modified to the above
extent.

(M. S. Srinvasan)

F. No. 5(9)/2000-FC.I

50

Government of India
SIA (FC Division)
***


Subject: Capitalisation of import payables -liberalisation of policy.

At present, issue or shares by a company in India to a person resident outside India is permitted
only against inward remittance of convertible foreign exchange through normal banking channels or by
debit to NRE / FCNR account of the person concerned maintained with an authorised foreign exchange
dealer bank.

2. As a part of the ongoing process of liberalisation, it has been decided to permit issue of equity
shares against lumpsum, fee, royalty and External Commercial Borrowings (ECBs) in convertible foreign
currency already due for payment/repayment, subject to meeting all applicable tax liabilities and procedures.

(R.S. Julaniya)
Director

F. No. 5(4)/2003-FC

51

Government of India
SIA (FC Division)
***


Subject: Issue of shares against External Commercial Borrowings - liberalisation of.

Vide Press Note 3 (2003 Series) dated 28th July, 2003 issue of equity shares against lump-sum fee,
royalty and External Commercial Borrowings (ECBs) in convertible foreign currency already due for
payment/repayment, subject to meeting all applicable tax liabilities and procedures has been permitted.

As a part of the ongoing process of liberalisation, it has been decided to permit issue of equity shares
against all External Commercial Borrowings (excluding those deemed as ECBs) received in convertible
foreign currency, subject to meeting all tax liabilities and procedures.

(R.S. Julaniya)
Director

F.No. 5(4)/2003-FC
Dated 28th November, 2003.

52

Government of India
SIA (FC Division)
***


Subject: Revision of existing sectoral guidelines and equity cap on Foreign Direct Investment (FDI), including
investment by Non Resident Indians (NRIs) and Overseas Corporate Bodies (OCBs)

With a view to further liberalising the FDI regime, Government have effected the following changes
in the FDI Policy:

i) FDI up to 100 per cent is permitted in printing scientific and technical magazines, periodicals and
journals, subject to compliance with the legal framework as applicable and guidelines issued in
this regard from lime to time by the Ministry of Information and Broadcasting. FDI in this sector
would be permissible with prior Government approval.

ii) FDI up to 100 per cent is permitted on the automatic route on Petroleum product marketing.
FDI for this sector would be permissible subject to the existing sectoral policy and regulatory
framework in the oil marketing sector.

iii) FDI up to 100 per cent is permitted on the automatic route in oil exploration in both small and
medium sized fields subject to and under the policy of the Government on private participation
in : (a) exploration of oil and (b) the discovered fields of national oil companies.

iv) FDI up to 100 per cent is permitted on the automatic route for petroleum product pipelines
subject to and under the Government Policy and regulations thereof.

v) FDI up to 100 per cent is permitted for Natural Gas/LNG Pipelines with prior Government
approval.

2. The provisions of Press Note 2 of 2000 stand modified to the above extent.

(Umesh Kumar)
Joint Secretary to the Gavemment of India

F. No. 9/1//2002-FC

53

Government of India
SIA (FC Division)
***


Subject: Revision of existing sectoral guidelines and equity cap an Foreign Direct Investment (FDI),
including investment by Non Resident Indias (NRIs) and Overseas Corporate Bodies
(OCBs)/Foreign Institutional Investors (FIIs) in the Banking Sector.

With a view to further liberalising foreign investment in Banking Sector, the Government have effected
the following changes:

1. FDI limit in Indian Private Sector Banks

(a) FDI limit in Private Sector Banks is raised to 74 per cent under the automatic route including
investment by FIIs. This will include FDI investment under Portfolio Investment Scheme
(PIS) by FIIs, NRIs and shares acquired prior to September 16, 2003 by OCBs and
continue to include IPOs, Private placements, GDRs/ADRs and acquisition of shares from
existing sharehoiders.

(b) The aggregate foreign investment in a private bank from all sources will be allowed up to a
maximum of 74 per cent of the paid up capital or the Bank. At all times. at least 26 per cent
of the paid up capital will have to be heid by residents, except in regard to a wholly-owned
subsidiary of a foreign bank.

(c) The stipulations as above will be applicable to all investments in existing private sector banks
also.

(d) The permissible limits under portfolio investment schemes through stock exchangers for FIIs
and NRIs will be as follows:

(i) In the case of FIIs, as hitherto, individual FII holding is restricted to 10 per cent,
aggregate limit for all FIIs cannot exceed 24 per cent, which can be raised to 49 per
cent by the bank concerned passing a resolution by its Board of Directors followed by
passing of a special resolution to that effect by its General Body.

(ii) Thus, the FII investment limit will continue to be within 49 per cent.

(iii) In the case of NRIs, as hitherto, individual holding is restricted to 5 per cent and aggregate
limit cannot exceed 10 per cent. However, NRI holding can be allowed up to 24 per
cent provided the banking company passes a special resolution to that effect in the
General Body.

54

(e) Applications for Foreign Direct Investment (FDI route) in private banks having joint venture/
subsidiary in insurance sector may be addressed to the Reserve Bank of India (RBI) For
consideration in consultation with the Insurance Regulatory and Development Authority (IRDA)
in order to ensure that the 26 per cent limit of Foreign shareholding applicable for the insurance
sector is not being breached.
(f) Transfer of shares under FDI from residents to non-residents will continue to require approval
of Foreign Investment Promotion Board (FIPB) under Foreign Exchange Management Act
(FEMA).
(g) The policies and procedures prescribed from time to time by RBI and other institutions such
as SEBI, D/o Company Affairs and IRDA on these matters will continue to apply.
(h) RBI guidelines relating to acquisition by purchase or othewise of shares of a private bank, if
such acquisition results in any person owning or controlling 5 per cent or mare of the paid up
capital of the private bank will apply to foreign investors as well.
2. Setting up of a subsidiary by foreign banks
(a) Foreign banks will be permitted to either have branches or subsidiaries not both.
(b) Foreign banks regulated by a banking supervisory authority in the home country and meeting
Reserve Bank's licensing criteria will be allowed to hold 100 per cent paid up capital to
enable them to set up a wholly-owned subsidiary in India.
(c) A foreign bank may operate in India through only one of the three channels viz., (i) branch/es
(ii) a wholly-owned subsidiary and (iii) a subsidiary with aggregate foreign investment up to a
maximum of 74 per cent in a private bank.
(d) A foreign bank will be permitted to establish a wholly-owned subsidiary either through
conversion of existing branches into a subsidiary or through a fresh banking licence, A foreign
bank will be permitted to establish a subsidiary through acquisition of shares of an existing
private sector bank provided at least 26 per cent of the paid capital of the private sector bank
is held by residents at all times times consistent with para 1(b) above.
(e) A subsidiary of foreign bank will be subject to the licensing requirements and conditions
broadly consistent with those for new private sector banks.
(f) Guidelines for setting up a wholly-owned subsidiary or a foreign bank will be issued separately
by RBI.
(g) All applicaticns by a foreign bank for setting up a subsidiary or for conversion of their existing
branches to subsidiary in India will have to be made to the RBI.
3. At present there is a limit of ten per cent on voting rights in respect of banking companies, and this
should be noted by potential investor. Any change in the ceiling can be brought about only after final policy
decisions and appropriare parliamentary approvals.

(Umesh Kumar)

F. No. 5/6/2000-FC

55

Government of India
Ministry of Finance
Department of Economic Affairs
(FI Unit)
***

Press Note

Subject: Simplification of foreign investment procedures

In order to make the environment in India more attractive for foreign investors, Government has
decided to simplify the procedure by placing the following under the General Permission route (i.e. RBI
route) instead of existing Government approval route (i.e. FIPB route) for speedy and streamlined investment
approvals:

a) Transfer of shares from resident to non-resident (including transfer of subscribers’ shares to
non-residents) other than in financial services sector provided the investment is covered under
automatic route, does not attract the provisions of SEBI’s ( Substantial Acquisition of Shares
and Takeovers) Regulations, 1997, falls within the sectoral cap and also complies with
prescribed pricing guidelines.

b) Conversion of ECB/Loan into equity provided the activity of the company is covered under
automatic route, the foreign equity after such conversion falls within the sectoral cap and also
complies with prescribed pricing guidelines.

c) Cases of increase in foreign equity participation by fresh issue of shares as well as conversion
of preference shares into equity capital provided such increase falls within the sectoral cap in
the relevant sectors, are within the automatic route and also complies with prescribed pricing
guidelines.

In respect of the procedural simplifications given at para 1 above, the onus of complying with the
sectoral cap/limits prescribed under the FDI policy as well as other guidelines/regulations would rest with
the buyer and seller/issuer.

Necessary notification/circular under FEMA giving details of the simplification of procedures are
being brought out by the Reserve Bank of India.

(U.K. Sinha)

F. No. 1/3/2003-FIU
Datde 29th September, 2004.

56

Government of India
SIA (FC Division)
***


Subject: Guidelines pertaining to approval of foreign/technical collaborations under the automatic route
with previous ventures/tie-up in India.
The Government has reviewed the guidelines notified vide Press Note 18 (1988 series) which
stipulated approval of the Government for new proposals for foreign investment/technical collaboration
where the foreign investor has or had any previous joint venture or technology transfer/ trademark agreement
in the same or allied field in India.
2. New proposals for foreign investment/technical collaboration would henceforth be allowed under
the automatic route, subject to sectoral policies, as per the following guidelines.
(i) Prior approval of the Government would be required only in cases where the foreign investor
has an existing joint venture or technology transer/trademark agreement in the ‘same’ field.
The onus to provide requisite justification as also proof to the satisfaction of the Government
that the new proposal would or would not in any way jeopardize the interests of the existing
joint venture or technology/trademark partner or other stakeholders would lie equally on
the foreign investor/technology supplier and the Indian partner.
(ii) Even in cases where the foreign investor has a joint venture or technology transfer/trademark
agreement in the ‘same’ field prior approval of the Government will not be required in the
following cases:
a. Investments to be made by Venture Capital Funds registered with the Security and
Exchange Board or India (SEBI); or
b. Where in the existing joint-venture investment by either of the parties is less than 3%; or
c. Where the existing venture/collaboration is defunct or sick.
(iii) In so far as joint ventures to be entered into after the data of this Press Note are concered, the
joint venture agreement may embody a ‘conflict’ of interest clause to safeguard the interests of
joint venture partners in the event of one of the partners desiring to set up another joint venture
or a wholly owned subsidiary in the ‘same’ field of economic activity.
3. These guidelines would come into force with immediate effect.

(Umesh Kumar)
F. No. 8/1/2003-FC (Pt.)

57

Government of India
SIA (FC Division)
***

Subject: Foreign Direct Investment (FDI) in townships, housing, built-up infrastructure and construction-
development projects

With a view to catalysing investment in townships, housing, built-up infrastructure and construction-
development projects as an instrument to generate economic activity, create new employment opportunities
and add to the available housing stock and built-up infrastructure, the Government has decided to allow
FDI up to 100% under the automatic route in townships, housing, built-up infrastructure and construction-
development projects (which would include, but not be restricted to, housing, commercial premises,
hotels, resorts, hospitals, educational institutions, recreational facilities, city and regional level
infrastructure), subject to the following guidelines:

a. Minimum area to be developed under each project would be as under:
i. In case of development of serviced housing plots, a minimum land area of 10 hectares
ii. In case of construction-development projects, a minimum built-up area of 50,000 sq.mts
iii. In case of a combination project, anyone of the above two conditions would suffice
b. The investment would further be subject to the following conditions:

i. Minimum capitalization of US$10 million for wholly owned subsidiaries and US$ 5
million for joint ventures with Indian partners. The funds would have to be brought in
within six months of commencement of business of the Company.

ii. Original investment cannot be repatriated before a period of three years from completion
of minimum capitalization. However, the investor may be permitted to exit earlier with
prior approval of the Government through the FIPB.

c. At least 50% of the project must be developed within a period of five years from the date of
obtaining all statutory clearances. The investor would not be permitted to sell undeveloped
plots.

For the purpose of these guidelines, “undeveloped plots” will mean where roads, water supply,
street lighting, drainage, sewerage, and other conveniences, as applicable under prescribed
regulations, have not been made available. It will be necessary that the investor provides this
infrastructure and obtains the completion certificate from the concerned local body/service
agency before he would be allowed to dispose of serviced housing plots.

d. The project shall conform to the norms and standards, including land use requirements and
provision of community amenities and common facilities, as laid down in the applicable building
control regulations, bye-laws, rules, and other regulations of the State Government!Municipal/
Local Body concerned.

58

e. The investor shall be responsible for obtaining all necessary approvals, including those of the
building/layout plans, developing internal and peripheral areas and other infrastructure facilities,
payment of development, external development and other charges and complying with all
other requirements as prescribed under applicable rules/bye-Iaws/regulations of the State
Government! Municipal/Local Body concerned.

f. The State Government / Municipal / Local Body concerned, which approves the building /
development plans, would monitor compliance of the above conditions by the developer.”

2. Para (iv) of Press Note 4 (2001 Series), issued by the Government on 21.5.2001, and Press Note
3 (2002 Series), issued on 4.1.2002, stand superceded.

(Umesh Kumar)

F. No. 5(6)/2000-FC
Dated 3rd March, 2005.

59

Government of India
SIA (FC Division)
***


Subject: Clarification regarding Guidelines pertaining to approval of foreign/technical collaborations under
the automatic route with previous ventures/tie-ups in India.

The Government, vide Press Note 1 (2005 Series) dated 12.1.2005, notified fresh guidelines for
approval of new proposals for foreign/technical collaboration under the automatic route with previous
venture/tie up in India. According to these guidelines, prior approval of the Government would be required
for new proposals for foreign investment/technical collaboration, in cases where the foreign investor has an
existing joint venture or technology transfer/trademark agreement in the same field in India.

2 The Government had, earlier vide Press Note 10 (1999 Series) notified the definition of “same field”
as the 4 digit National Industrial Classification (NIC) 1987 Code. It is hereby reiterated that for the
purposes of Press Note 1 (2005 Series), the definition of ‘same’ field would continue to be 4 digit NIC
1987 Code.

3 It is also clarified that proposals in the Information Technology sector, investments by multinational
financial institutions and in the mining sector for same area/mineral were exempted from the application of
Press Note 18 (1998 Series) vide Press Note 8 (2000 Series), Press Note 1(2001 Series) and Press
Note 2 (2000 Series) respectively. Investment proposals in these sectors would continue to be exempt
from Press Note 1 (2005 Series).

4. From para 2(i) of the guidelines notified vide Press Note 1 (2005 Series), it is clear that prior
Government approval for new proposals would be required only in cases where the foreign investor has
an existing joint venture, technology transfer/trademark agreement in the ‘same’ field subject to provisions
of para 2(ii) of the Press Note 1 (2005 Series).

5. For the purpose of avoiding any ambiguity it is reiterated that joint ventures, technology transfer/
trademark agreements existing on the date of issue of the said Press Note i.e. 12.1.2005 would be treated
as existing joint venture, technology transfer/trademark agreement for the purposes of Press Note 1
(2005 Series).

(Umesh Kumar)

F.No.8/1/2003-FC(Pt.)

60

Government of India
SIA (FC Division)
***


Subject: Conversion of NRI investment into repatriable equity-clarification

Vide Press Note 4 (2001 Series), investment by Non-Resident Indian (NRI) made in foreign exchange
on non-repatriable basis was allowed to be made fully repatriable whereas investment made in Indian
rupees through rupee account continued to remain non-rapatriable.

2. Proposals for conversion of NRI investment into repatriable equity are hitherto being considered by
the FIPB for approval. The procedure has been reviewed in the context of various liberalization measures
taken by the Government in the recent past.

3. It is clarified that in terms of Press Note 4 (2001 Series), all proposals would qualify for conversion
of non-repatriable equity into repatriable equity under the automatic route provided:

(a) the original investment by the NRI was made in foreign exchange under the FDI Scheme
(Schedule I of FEMA Regulation 20/2000 dated 3.5.2000); and

(b) the sector/activity in which the investment is proposed to be converted into repatriable
equity is on the automatic route for FDI.

(R.S. Julaniya)
Director

F. No. 5/20/2005-FC
Dated 31st August, 2005.

61

Government of India
SIA (FC Division)
***


Subject: Enhancement of the Foreign Direct Investment ceiling from 49 per cent to 74 per cent in the
Telecom sector

In pursuance of the Government’s commitment to liberalise the FDI regime, it has been
decided to enhance the Foreign Direct Investment ceiling from 49 per cent to 74 per cent in
certain telecom services (such as Basic, Cellular, Unified Access Services, National/International
Long Distance, V-Sat, Public Mobile Radio Trunked Services (PMRTS), Global Mobile
Personal Communications Services (GMPCS) and other value added services), subject to the
following conditions:-

A. The total composite foreign holding including but not limited to investments by Foreign
Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign Currency Convertible
Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts
(GDRs), convertible preference shares, proportionate foreign investment in Indian
promoters/investment companies including their holding companies, etc., herein after
referred as FDI, will not exceed 74 per cent. Thus, 74 per cent foreign investment can be
made directly or indirectly in the operating company or through a holding company. Hence,
the remaining 26 per cent will be owned by resident Indian citizens or an Indian Company
(i.e. foreign direct investment does not exceed 49 percent and the management is with
the Indian owners). It is clarified that proportionate foreign component of such an Indian
Company will also be counted towards the ceiling of 74%. However, foreign component
in the total holding of Indian public sector banks and Indian public sector financial
institutions will be treated as ‘Indian’ holding. The licensee will be required to disclose
the status of such foreign holding and certify that the foreign investment is within the
ceiling of 74% on a half yearly basis.

B. The majority Directors on the Board including Chairman, Managing Director and Chief
Executive Officer (CEO) shall be resident Indian citizens, enforced through licence agreement.
The appointment to these positions from among resident Indian citizens shall be made in
consultation with serious Indian investors. Serious investor has been defined below in para
G(ii).

C. The Share Holder Agreements (SHA) shall specifically incorporate the condition that majority
directors on the Board including Chairman, Managing Director and CEO shall be resident
Indian citizens and shall also envisage the conditions of adherence to Licence Agreement.

D. FDI upto 49 per cent will continue to be on automatic route. Foreign Investment Promotion
Board (FIPB) approval shall be required for FDI in the licensee company/Indian promoters/
investment companies including their holding companies if it has a bearing on the overall

62

ceiling of 74 per cent. While approving the investment proposals, FIPB shall take note that
investment is not coming from unfriendly countries.

E. The investment approval by FIPB shall envisage the conditionality that Company would adhere
to Licence Agreement.
F. FDI shall be subject to laws of India and not the laws of the foreign country/countries.
G. Department of Telecommunications (DoT) will enforce the above and the conditions mentioned
below through appropriate amendment in licence:-

(i) There shall be a non-obstante clause in the licence which confers powers upon the
licensor to cancel the licence under certain defined circumstances.

(ii) In order to ensure that at least one serious resident Indian promoter subscribes reasonable
amount of the resident Indian shareholding, such resident Indian promoter shall hold at
least 10 per cent equity of the licensee company.

(iii) The Company shall acknowledge compliance with the licence agreement as a part of
Memorandum of Association of the Company. Any violation of the licence agreement
shall automatically lead to the company being unable to carry on its business in this
regard. The duty to comply with the licence agreement shall also be made a part of
Articles of Association.

(iv) Chief Technical Officer (CTO)/Chief Finance Officer (CFO) shall be resident Indian
citizens. The Licensor/DoT shall also be empowered to notify key positions to be held
by resident Indian citizens.

(v) The Company shall not transfer the following to any person/ place outside India:-

(a) any accounting information relating to subscriber (except for roaming/billing) (Note:
it does not restrict a statutorily required disclosure of financial nature);

(b) user information (except pertaining to foreign subscribers using Indian Operator’s
network while roaming); and

(c) details of their infrastructure/network diagram except to telecom equipment
suppliers/manufacturers who undertake the installation, commissioning etc. of
the infrastructure of the licensee Company on signing of non-disclosure agreement.

(vi) The Company when entering into roaming agreements with service providers outside
India must provide, on demand, the list of such users (telephone numbers, in case of
foreign subscribers using Indian Operator’s network while roaming).

(vii) The Company must provide traceable identity of their subscribers. However, in case of
providing service to roaming subscriber of foreign Companies, the Indian Company
shall endeavor to obtain traceable identity of roaming subscribers from the foreign
company as a part of its roaming agreement.

63

(viii) No traffic (mobile and landline) from subscribers within India to subscribers within
India shall be hauled to any place outside India.

(ix) No Remote Access (RA) shall be provided to any equipment manufacturer or
any other agency out side the country for any maintenance/repairs by the
licensee. However, RA may be allowed for catastrophic software failure (such
as failure to boot up etc.) which would lead to major part of the network
becoming non-functional for a prolonged period, subject to meeting the following
conditions:

(a) An identified Government agency (Intelligence Bureau) will be notified, when
RA is to be provided.

(b) Remote Access password is to be enabled for a definite period only and only for
access from pre-approved locations of the Original Equipment Manufacturer
(OEM) Vendors and only for the equipments specifically under repair/
maintenance.

(c) The control of Remote Access i.e. activation, transfer of data, termination etc.
shall be within the country and not at a Remote location, abroad.

(d) The Government agency will be given all support to record the transactions for
on-line monitoring.

(e) Any equipment or software that forms part of the overall monitoring shall not be
permitted to have remote access under any circumstances.

(f) DoT will define appropriately the terms catastrophic software failure, major part
of the network, and prolonged period used under this clause.

(x) It shall be open to the Department of Telecommunications to restrict the Licensee
Company from operating in any sensitive area from the National Security angle.

(xi) In order to maintain the privacy of voice and data, monitoring shall only be upon
authorisation by the Union Home Secretary or Home Secretaries of the States/Union
Territories.

(xii) For monitoring traffic, the licensee company shall provide blind access of their network
and other facilities as well as to books of accounts to the security agencies.

(xiii) In case of not adhering to Licence conditions envisaged in para G, the licence(s) granted
to the company shall be deemed as cancelled and the licensor shall have the right to
encash the performance bank guarantee(s) and the licensor shall not be liable for loss of
any kind.

2. The conditions at para 1 above shall also be applicable to the existing companies operating telecom
service(s) which had the FDI cap of 49%.

64

3. The relevant provisions of FDI policy for ‘investment companies’, as given in Press Note 2 (2000
series) dated 11.2.2000 issued by Department of Industrial Policy and Promotion will no longer be applicable
to telecom sector.

4. An initial correction time of 4 months from the date of issue of this notification shall be allowed to the
existing licensee companies providing telecom services mentioned in para 1 above for ensuring adherence
to the aforesaid conditions. An unconditional compliance to the aforesaid conditions shall be submitted to
the licensor within this period.

5. Press Note 15 (1998 Series) and Press Note 2 (2000 Series) issued by Department of Industrial
Policy & Promotion stand modified to the above extent.

(Umesh Kumar)

F. No. 9(1)/2002-FC
Dated 3rd November, 2005.

65

Government of India
Ministry of Finance
Department of Economic Affairs
(Banking Division)
***

Press Release

Subject: Foreign Direct Investment (FDI) in Asset Reconstruction Companies.

Government has decided to permit Foreign Direct Investment (FDI) in the equity capital of Asset
Reconstruction Companies (ARCs). Foreign Investment Promotion Board (FIPB) would henceforth con-
sider applications from person/entities eligible to invest in India in the equity capital of Asset Reconstruction
Companies registered with Reserve Bank of India under the FDI route subject to the following conditions:

(a) Maximum Foreign equity shall not exceed 49% of the paid up capital.

(b) Where any individual investment exceeds 10% of the equity, ARC should comply with the
provisions of Section 3(3)(f) of SARFAESI Act.**

Foreign Direct Investment alone will be permitted; investments by Foreign institutional Investors
(Flls) will not be permitted.

2. The policy on FDI in ARCs would be reviewed after two years.

3. Necessary notification/circular under FEMA are being brought out separately by Reserve Bank of India

(Amitabh Verma)

F.No. 44/17/2004-BO II

66

Government of India
SIA (FC Division)
***


Subiect: FDI in Terrestrial Broadcasting FM.

Till now, foreign investment was permitted in Terrestrial Broadcasting up to 20% under the Portfolio
Investment Schemes under Foreign Exchange Management (Transfer or Issue of Security by a Person
Resident outside India) Regulations, 2000 and Foreign Direct Investment (FDI) was not permitted by
foreign entities.

2. Government of India has recently announced Phase II of the programme for expansion of FM radio
broadcasting services through private agencies to supplement and complement the efforts of the All India
Radio by operationalising radio for providing programmes with local content and relevance, improving the
qualiy of fidelity in reception and generation, encouraging participation by local talent and generating,
employment.

3. The Government has now decided to permit foreign investment, including FDI, NRI and PIO
investments and portfolio investments up to 20% equity for FM Radio's Broadcasting Services subject to
such terms and conditions as specified from time to time by Ministry of Information and Broadcasting for
grant of permission for setting up of FM Radio Stations.

(Umesh Kumar)

F. No. 5(35)/99-FC

67

Government of India
SIA (FC Division)
***

Press Release
Subject: Clarifications on approval procedure regarding cases not covered under automatic
route of RBI.

Under the extant policy, FDI up to 100% is permitted under the automatic route in most sectors/
activities. Similarly, automatic route is also allowed for foreign technology collaboration where the pay-
ments are within 5% for domestic sales and 8% for exports. No approval of the Government is required in
such cases.

2. Only cases not covered under the automatic route need approval of the Government through the
Foreign Investment Promotion Board (FIPB) or Project Approval Board (PAB) for FDI and/or Foreign
Technology collaboration respectively. It has been observed that sometimes proposals are submitted for
prior Government approval even though the cases are eligible for the automatic route.

3. `The investors are hereby advised to access the automatic route where the policy so permits. Hence-
forth, whenever prior approval of the Government is sought for activities or royalty payments eligible for
the automatic route, the investors would need to indicate specific reason for seeking prior Government
approval while submitting their proposals.

(Umesh Kumar)

F .No. 5(19)/2005-FC
Dated 23rd December, 2005.

68

Government of India
SIA (FC Division)
***


Subject: Foreign Direct Investment (FDI) in Up-linking of TV Channels.
At present, FDI up to 49% is permitted for setting up hardware, Up-linking HUB, etc., subject to
compliance with the Broadcasting Laws and Regulations and subject to the detailed guidelines for Up-linking
announced by the Ministry of Information and Broadcasting from time to time.
2. Under the revised guidelines for Up-linking notified on 2.12.2005, the Government has decided to
allow FDI in the Up-linking of TV Channels as under:
a) FDI up to 49% would be permitted with prior approval of the Government for setting up Up-
linking HUB/ Teleports;
b) FDI up to 100% would be allowed with prior approval of the Government for Up-linking a
Non-News & Current Affairs TV Channel;
c) FDI (including investment by Foreign Institutional Investors (FIIs) up to 26% would be
permitted with prior approval of the Government for Up-linking a News & Current Affairs
TV Channel subject to the condition that the portfolio investment in the form of FII/ NRI
deposits shall not be “persons acting in concert” with FDI investors, as defined in the SEBI
(Substantial Acquisition of Shares and Takeovers) Regulations, 1997. The Company
permitted to uplink the channel shall certify the continued compliance of this requirement
through the Company Secretary at the end of each financial year.
While calculating foreign equity of the applicant company, the foreign holding component,
if any, in the equity of the Indian shareholder companies of the applicant company will be
duly reckoned on pro-rata basis, so as to arrive at the total foreign holding in the applicant
company. However, the indirect FII equity in a company as on 31st March of the year
would be taken for the purposes of pro-rata reckoning of foreign holdings.
3. FDI for Up-linking TV Channels will be subject to compliance with the Up-linking Policy of
the Government of India notified by the Ministry of Information & Broadcasting from time to time.

(Umesh Kumar)
F.No. 5(35)/99-FC
Dated the 13th January, 2006.

69

Government of India
SIA (FC Division)
***


Subject: Clarification regarding Foreign Direct Investment (FDI) in townships, housing, built-up
infrastructure and construction-development projects.

The Government, vide Press Note 2 (2005 Series) dated 2.3.2005, had notified the policy for
Foreign Direct Investment (FDI) in townships, housing, built-up infrastructure and construction-
development projects. The Government has received few requests from investors seeking clarifications
on applicability of these policy guidelines to some other sectors such as Special Economic Zones,
Hotels, Hospitals, etc.

2. The matter has been considered in the light of the policy prevailing prior to issue of the subject
Press Note. FDI up to 100% was already allowed under the automatic route in the Hotel and tourism
sector, vide Press Note 4 (2001 Series) and in the Hospital sector, vide Press Note 2 (2000 Series).
Special Economic Zones are separately regulated under the Special Economic Zone Act, 2005.

3. It is clarified that the provisions of Press Note 2 (2005 Series) shall not apply to Special Economic
Zones; neither shall it apply to establishment and operation of hotels and hospitals which shall continue to
be governed by Press Note 4 (2001 Series) and Press Note 2 (2000 Series) respectively.

(Umesh Kumar)

F. No. 12/36/2005-FC

70

Government of India
SIA (FC Division)
***


Subject: Guidelines for FDI in Retail Trade of ‘Single Brand’ Products

The Government has decided to allow FDI up to 51%, with prior Government approval, in retail
trade of ‘Single Brand’ products. This is, inter alia, aimed at attracting investments in production and
marketing, improving the availability of such goods for the consumer, encouraging increased sourcing of
goods from India, and enhancing competitiveness of Indian enterprises through access to global designs,
technologies and management practices.

2. FDI up to 51% in retail trade of ‘Single Brand’ products would be subject to the following conditions:

i. Products to be sold should be of a ‘Single Brand’ only.

ii. Products should be sold under the same brand internationally.

iii. ‘Single Brand’ product-retailing would cover only products which are branded during
manufacturing.

3. FDI would be allowed only with prior approval of the Government. Application seeking permission
of the Government for FDI in retail trade of ‘Single Brand’ products would be made to the Secretariat for
Industrial Assistance (SIA) in the Department of Industrial Policy & Promotion. The application would
specifically indicate the product/product categories which are proposed to be sold under a ‘Single Brand’.
Any addition to the product/ product categories to be sold under’Single Brand’ would require a fresh
approval of the Government.

4. Applications would be processed in the Department of Industrial Policy & Promotion, to determine
whether the products proposed to be sold satisfy the notified guidelines, before being considered by the
FIPB for Government approval.

5. These guidelines would come into force with immediate effect.

(Umesh Kumar)

F. No. 5(3)/2005-FC

71

Government of India
SIA (FC Division)
***


Subject: Rationalisation of the FDI Policy
The policy on Foreign Direct Investment (FDI) has been reviewed on a continuing basis and several
measures announced from time to time for rationalization / liberalization of the policy and simplification of
procedures.

2. Government of India has recently further reviewed the policy on FDI and decided as under:

a. To allow under the automatic route, FDI up to 100%, for :

i. distillation & brewing of potable alcohol;

ii. manufacture of industrial explosives;

iii. manufacture of hazardous chemicals;

iv. manufacturing activities located within 25 kms of the Standard Urban Area limits which
require Industrial license under the Industries (Development & Regulation) Act, 1951;

v. setting up Greenfield airport projects;

vi. laying of Natural Gas/LNG pipelines, market study & formulation and Investment
financing in the Petroleum & Natural Gas sector; and

vii. cash & carry wholesale trading and export trading.

b. To increase FDI caps to 100% and permit it under the automatic route for:

i. coal & lignite mining for captive consumption;

ii. setting up infrastructure relating to marketing in Petroleum & Natural Gas sector; and

iii. exploration and mining of diamonds & precious stones.

c. To allow FDI up to 100% under the automatic route in

i. power trading subject to compliance with Regulations under the Electricity Act, 2003;

ii. processing and warehousing of coffee and rubber.

d. To allow FDI up to 51 % with prior Government approval for retail trade of ‘Single Brand’
products, detailed guidelines for which have been notified vide Press Note 3 (2006 Series).

72

e. To allow under the automatic route transfer of shares from residents to non-residents in financial
services, and where Securities & Exchange Board of India (Substantial Acquisition of Shares &
Takeovers) Regulations, 1997 are attracted, in cases where approvals are required from the Reserve
Bank of India/ Securities & Exchange Board of India (Substantial Acquisition of Shares & Takeovers)
Regulations, 1997/Insurance Regulatory & Development Authority. With this, transfer of shares
from residents to non-residents, including acquisition of shares in an existing company would be on
the automatic route subject to sectoral policy on FDI.

f. To dispense with the requirement of mandatory divestment of 26% foreign equity in B2B e-
Commerce.

3. FDI/NRI investment under the automatic route shall continue to be governed by the Sectoral
regulations/licensing requirements.

4. A summary of the FDI policy and regulations applicable in various sectors / activities is at the
Annex.*

(Umesh Kumar)
F. No. 5(3)/2005-FC

* Policy in Section ‘A’.

73

Government of India
SIA (FC Division)
***


Subject: Enhancement of Foreign Direct Investment ceiling from 49% to 74% in the Telecom Sector -
Amendment to Press Note 5 (2005 Series)
Guidelines for enhancement of Foreign Direct Investment (FDI) ceiling in the telecom sector were
notified vide Press Note 5 (2005 Series) on 3.11.2005. In terms of para 4 of the said Press Note, an initial
correction time of 4 months from the date of issue of the Press Note was allowed to the existing licensee
companies providing telecome services for ensuring adherence to the conditions.

The Government has decided to extend the time limit for the telecom service provider companies to
comply with the conditions set out in Press Note 5 (2005 Series) by four months w.e.f. from 3.3.2006,
i.e. till 2.7.2006.

Press Note 5 (2005 Series) dated 3.11.2005 stands modified to the above extent.

(Umesh Kumar)
F. No. 9(1)/2002-FC
Dated 3rd March, 2006.

74

SECTION C

FDI DATA

75

FOREIGN DIRECT INVETMENT DATA
(From August 1991 to December 2005)

Table 1 - Financial year-wise FDI Inflows (equity capital only)

Table 2 - FDI Inflows Data as per International practices.

Table 3 - Country-wise FDI Inflows from August 1991 to December 2005.

Table 4 - Sector-wise FDI Inflows from August 1991 to December 2005.

77

Table-1

Financial year-wise FDI Inflows (equity capital only)

(Amount US$ million)
S.No. Financial Year Amount of FDI Inflows
(April – March)
1. August 1991-March 2000 16,703
2. 2000-2001 2,908
3. 2001-2002 4,222
4. 2002-2003 3,134
5. 2003-2004 2,634
6. 2004-2005 3,755
7. 2005-2006
(up to December 2005) 3,695
8. Total
(April 2000-
December 2005) 20,348

Cumulative Total
(from August 1991 to
December 2005) 37,051

78

Table-2

FDI Data as per International practices

(Amount US$ million)
S. Financial Year Equity Re-invested Other Total Portfolio
No. (April- FIPB Equity earnings capital FDI investment
March) Route/ RBI’s capital of Inflows including
Automatic unincor- GDR/ADR,
Route/Acquiti- porated FIIs & Offs-
sition Route bodies # hore Funds
1. August 1991 -
March 2000 15,483 - - - 15,483 18,492

2. 2000-01 2,339 61 1,350 279 4,029 2,760

3. 2001-02 3,904 191 1,645 390 6,130 2,021

4. 2002-03 2,574 190 1,833 438 5,035 979

5. 2003-04 2,197 190 1,798 488 4,673 11,377

6. 2004-05 3,251 111 1,816* 357* 5,535 8,909

7. 2005-06
(up to Dec. 05) 3,691 140 738* 150* 4,719 8,161

8. Total
(April 2000-
December 2005) 17,956 883 9,180 2,102 30,121 34,207

Cumulative Total
(from August 1991
to December 2005) 33,439 883 9,180 2,102 45,604 52,699

Source: (i) ‘#’ Figures for equity capital of unincorporated bodies for 2005-06 are estimates.

(ii) ‘*’ Data in respect of ‘Re-invested earnings’ & ‘Others capital’ for the year
2004-2005 & 2005-2006 (up to December) are provisional.

79

Table-3

Country-wise FDI Inflows from August 1991 to December 2005

(Amount in US$ million)
Ranks Sector Amount of %age of
FDI inflows total inflows
1 Mauritius 11,115.47 37.25
2 U.S.A. 4,912.75 15.80
3 Japan 2,059.33 6.79
4 Netherlands 1,987.18 6.65
5 U.K. 1,911.77 6.26
6 Germany 1,338.88 4.27
7 Singapore 962.41 3.14
8 France 772.99 2.55
9 South Korea 748.98 2.28
10 Switzerland 613.58 1.98
11 Italy 485.74 1.58
12 Sweden 471.99 1.56
13 Hongkong 366.11 1.05
14 Australia 154.79 0.51
15 Denmark 156.49 0.51
16 U.A.E. 140.95 0.50
17 Belgium 142.41 0.46
18 Malaysia 135.82 0.46
19 Cyprus 117.47 0.40
20 Russia 116.33 0.39
21 Cayman Island 103.46 0.37
22 Canada 105.39 0.35
23 British Virginia 81.42 0.28
24 Bermuda 70.51 0.23
25 Thailand 74.73 0.22
26 Phillipines 52.35 0.15
27 Finland 43.25 0.14
28 Luxembourg 41.05 0.14
29 Israel 43.71 0.13
30 Austria 39.62 0.13
31 Spain 32.16 0.11

80

32 Bahrain 32.65 0.11
33 South Africa 30.87 0.11
34 Indonesia 30.32 0.11
35 West Indies 31.98 0.11
36 Oman 24.02 0.08
37 Nevis 19.17 0.07
38 Bahamas 20.76 0.06
39 Ice Land 18.65 0.06
40 Ireland 19.80 0.06
41 Saudi Arabia 19.14 0.06
42 Moracco 15.21 0.05
43 Iran 19.66 0.05
44 Norway 14.40 0.05
45 Taiwan 15.13 0.04
46 Gibraltar 10.97 0.04
47 Bangladesh 9.66 0.04
48 Kenya 8.98 0.03
49 Panama 10.19 0.03
50 Slovenia 8.24 0.03
51 Korea(North) 8.36 0.02
52 Kuwait 6.09 0.02
53 British Isles 5.38 0.02
54 Channel Island 5.64 0.02
55 Sri Lanka 4.88 0.02
56 Tunisia 4.31 0.02
57 Czech Republic 4.73 0.02
58 Liechtenstein 4.48 0.02
59 New Zealand 3.66 0.01
60 China 2.91 0.01
61 Isle of Man 2.85 0.01
62 Nigeria 2.48 0.01
63 Greece 2.68 0.01
64 Poland 2.00 0.01
65 Scotland 2.00 0.01
66 Slovakia 1.85 0.01

81

67 Uruguay 1.45 0.00
68 St. Vincent 1.38 0.00
69 Liberia 1.36 0.00
70 Portugal 1.21 0.00
71 Cuba 1.04 0.00
72 Seychelles 1.02 0.00
73 Ukraine 0.84 0.00
74 Uganda 0.81 0.00
75 Estonia 1.07 0.00
76 Belorussia 0.90 0.00
77 Brazil 0.81 0.00
78 Maldives 0.56 0.00
79 Aruba 0.43 0.00
80 Bhutan 0.61 0.00
81 Egypt 0.45 0.00
82 Malta 0.29 0.00
83 Hungary 0.31 0.00
84 Yugoslavia 0.24 0.00
85 Columbia 0.25 0.00
86 Croatia 0.20 0.00
87 Muscat 0.28 0.00
88 Nepal 0.22 0.00
89 Tanzania 0.18 0.00
90 Bulgaria 0.14 0.00
91 Virgin Islands 0.13 0.00
92 Zambia 0.10 0.00
93 Turkey 0.10 0.00
94 Vietnam 0.10 0.00
95 Qatar 0.09 0.00
96 Mayanmar 0.05 0.00
97 Peru 0.04 0.00
98 Mexico 0.04 0.00
99 Kazakhstan 0.02 0.00
100 Afghanistan 0.02 0.00
101 Romania 0.02 0.00

82

102 West Africa 0.02 0.00
103 Tatarstan 0.01 0.00
104 Argentina 0.01 0.00
105 Jordon 0.01 0.00
106 Yaman 0.01 0.00
107 Sudan 0.01 0.00
108 Syria 0.01 0.00
109 Malta 0.00 0.00
110 Lebanon 0.00 0.00
111 Georgia 0.00 0.00
112 Costa Rica 0.00 0.00
113 NRI 310.98 0.96
114 Unindicated Country 301.49 0.95
Total 30,452.54 100.00
115 Advance of Inflows
(from 1999 to 2004) 2,178.72 -
116 RBI’s –NRI Schemes 2,509.86 -
117 Acquisition of existing shares
(from 1996 to 1999) 1,848.86 -
118 Stock Swapped 61.20 -
Grand Total 37,051.18 -

83

Table-4

Sector-wise FDI Inflows from August 1991 to December 2005

1 Electrical Equipments
(Including computer software & electronics) 4,885.88 16.50
2 Transportation Industry 3,143.09 10.34
3 Services Sector 2,971.66 9.64
4 Telecommunications 2,890.12 9.58
5 Fuels (Power & Oil Refinery) 2,521.49 8.41
6 Chemicals (Other than Fertilizers) 1,889.51 5.86
7 Food Processing Industries 1,173.18 3.67
8 Drugs and Pharmaceuticals 948.54 3.18
9 Cement and Gypsum Products 746.79 2.54
10 Metallurgical Industries 627.32 2.12
11 Consultancy Services 444.48 1.59
12 Miscellaneous Mechanical & Engineering 491.45 1.51
13 Textiles (Includ Dyed, Printed) 430.07 1.32
14 Trading 374.23 1.16
15 Paper and Pulp including paper product 363.46 1.10
16 Hotel & Tourism 308.51 1.04
17 Glass 255.59 0.81
18 Rubber Goods 233.30 0.77
19 Commercial, Office & Household Equipment 231.67 0.66
20 Industrial Machinery 204.84 0.65
21 Machine Tools 155.43 0.52
22 Agricultural Machinery 135.50 0.43
23 Timber Products 107.12 0.37
24 Medical and Surgical Appliances 101.68 0.35
25 Soaps, Cosmetics and Toilet Preparations 88.74 0.31
26 Ceramics 89.70 0.27
27 Earth-moving Machinery 73.91 0.26
28 Fertilizers 78.22 0.26
29 Fermentation Industries 76.52 0.25
30 Leather, Leather Goods and Pickers 51.84 0.15
31 Glue and Gelatin 36.04 0.12
32 Vegetable Oils and Vanaspati 35.14 0.11

84


33 Prime movers other than Electrical 30.61 0.08
34 Industrial Instruments 21.70 0.06
35 Sugar 17.27 0.06
36 Scientific Instruments 14.85 0.05
37 Photographic Raw Film and Paper 15.25 0.05
38 Dye-stuffs 16.01 0.05
39 Boilers and Steam Generating Plants 5.01 0.01
40 Mathematical, Surveying and Drawing 0.00 0.00
41 Miscellaneous Industries 4,166.86 13.79
Total 30,452.58 100.00
42 Advance of Inflows
(from 1999 to 2004) 2,178.72 -
43 RBI’s -NRI Schemes 2,509.86 -
44 Acquisition of existing shares
(from 1996 to 1999) 1,848.86 -
45 Stock Swapped 61.20 -
Grand Total 37,051.22 -

85

10.1.2010 ksidc fdi policy 2006

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