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MANAGEMENT
6. INDUSTRIAL POLICY
TODAYS SESSION:
MAIN FEATURES OF THE INDUSTRIAL POLICY
INDUSTRIAL LICENSING
Licensing policy
Locational policy
Small Scale Industries (SSI)
Environmental clearances
FOREIGN DIRECT INVESTMENT (FDI)
Automatic / Government approval
FDI in SSI sector
INVESTMENT BY NRIs & OCBs
FOREIGN TECHNOLOGY AGREEMENTS
Automatic / Government approval
100 % EOUs , EPZs and SEZs
ELECTRONIC HARDWARE TECHNOLOGY PARKS & SOFTWARE
TECHNOLOGY PARK SCHEMES
OBJECTIVES OF
THE INDUSTRIAL POLICY
Industrialization in a country is a barometer of
Development of its economy
In the era of global competition it is necessary to:
Maintain a sustained growth in industrial productivity and
production;
Generate gainful employment;
Ensure optimal utilization of human and other resources;
Help the nation to attain international competitiveness and
Transform a nation into a major partner and player in the
global arena.
GOVERNMENTS APPROACH:
WTO regime requires that we should gear ourselves to integrate with
the global economy as early as possible to be able to take on the
international competition successfully.
The Government's liberalisation and economic reforms programme aims
at:
- Rapid and substantial economic growth,
- Integration with the global economy
Achievements of the industrial policy reforms:
- Have reduced the industrial licensing requirements,
- Removed restrictions on fresh investments and expansion,
- Facilitated easy access to foreign technology and foreign direct
investment.
POLICY FOCUS
Policy focus of the Government is on
Deregulating Indian industry;
Allowing the industry freedom and
flexibility in responding to market forces
and
Providing a policy regime that facilitates
and fosters growth of Indian industry.
COMPULSORY LICENSING
Similarly, only six industries are under compulsory licensing mainly on account
of environmental, safety and strategic considerations.
ANNEXURE-II
LIST OF INDUSTRIES FOR WHICH INDUSTRIAL
LICENSING IS COMPULSORY
1. Distillation and brewing of alcoholic drinks.
2. Cigars and cigarettes of tobacco and manufactured tobacco substitutes.
3. Electronic Aerospace and defence equipment: all types.
4. Industrial explosives including detonating fuses, safety fuses, gunpowder,
nitrocellulose, and safety matches.
5. Hazardous chemicals. (Hydrocyanic acid and its derivatives, Phosgene and its
INDUSTRIAL ENTREPRENEUR
MEMORANDUM (IEM)
Industrial undertakings, which are exempt from obtaining an
industrial license are required to file an Industrial
Entrepreneur Memorandum (IEM) Part A with the Secretariat
of Industrial Assistance (SIA), Department of Industrial
Policy and Promotion, Government of India, and obtain an
acknowledgement. No further approval is required.
Part B of the IEM has to be filled immediately after
commencement of commercial production.
No industrial approval is required for exempted industries.
Amendments are also allowed to IEM proposals filed after
1.7.1998.
LOCATION POLICY
A significantly amended location policy in tune with the
liberalized licensing policy is in place.
No industrial approval is required from the Government for
locations not falling within 25 kms of the periphery of cities (from
the Standard Urban Area (SUA) limits of that city) having a
population of more than one million except for those industries
where industrial licensing is compulsory.
Non-polluting industries such as electronics, computer software
and printing can be located within 25 kms of the periphery of cities
with more than one million population.
Permission to other industries is granted in such locations only if
they are located in an industrial area so designated prior to 25.7.91.
Zoning and land use regulations as well as environmental
legislations have to be followed.
IMPORTANCE OF
SMALL SCALE SECTOR
Small Scale Sector is a dynamic and vibrant sector
of the economy.
- It accounts for nearly 35% of the gross value of output in
the manufacturing sector and over 40% of the total exports
from the country.
- In terms of value added this sector accounts for about 40%
of the value added in the manufacturing sector.
- The sector's contribution to employment is next only to
agriculture in India.
*PROJECTED
*Provisional
Source: Economic Times (February 10, 2006)
** Estimated
*PROJECTED
ENVIRONMENTAL CLEARANCES
Entrepreneurs are required to obtain Statutory clearances
relating to Pollution Control and Environment for setting up an
industrial project.
1.
ENVIRONMENTAL CLEARANCES
(CONTD.)
3. Further, any item reserved for the Small-scale sector manufactured
by a small-scale unit is also exempt from obtaining environmental
clearance from the Central Government.
Government wishes to facilitate foreign direct investment (FDI) and investment from
Non-Resident Indians (NRI)s including Overseas Corporate Bodies (OCBs),
predominantly owned by them, to complement and supplement domestic investment.
Investment and returns are freely repatriable. The condition of balancing the foreign
exchange outflow on account of remittance of dividend to foreign investors by foreign
exchange inflow of exports in respect of 22 consumer goods industries initially
stipulated by Government in the FDI policy has since been withdrawn (dividend
balancing).
Foreign direct investment is freely allowed in all sectors including the services
sector, except where the existing and notified sectoral policy does not permit FDI
beyond a ceiling.
FDI for virtually all items / activities can be brought in through the automatic
route under powers delegated to the Reserve Bank of India (RBI), and for the
remaining items / activities through Government Approval.
AUTOMATIC ROUTE
(a) New Ventures
All items/activities except the following fall under the automatic route for
FDI/NRI/OCB investment
The increase in equity level must result from the expansion of the equity base of
the existing company,
The money to be remitted should be in foreign currency and
The proposed expansion programme or existing activities should be
predominantly in the sector(s) under Automatic Route.
The automatic route for FDI and/or technology collaboration would not be
available to those who have or had any previous joint venture or technology
transfer/trade mark agreement in the same or allied field in India.
AUTOMATIC ROUTE
APPROVAL ROUTE
Government approval for FDI through the FIPB
shall be necessary for the following categories:
Foreign Investment through GDRs /ADRs /FCCBs are treated as Foreign Direct
Investment. Indian companies are allowed to raise equity capital in the
international market through the issue of GDR /ADRs /FCCBs. These are not
subject to any ceilings on investment.
There is no restriction on the number of GDRs /ADRs /FCCBs to be floated by a
company or a group of companies in a financial year.
There are no end-use restrictions on GDR/ADR issue proceeds, except for an
express ban on investment in real estate and stock markets
Investment by the NRIs and OCBs in which the NRIs hold at least 60 per cent
equity is treated as foreign direct investment. For all sectors excluding those
falling under Government Approval, NRIs and OCBs are eligible to bring
investment through the Automatic Route of RBI. All other proposals which do not
fulfil any or all of the criteria for automatic approval are considered by the
Government through the FIPB.
The NRIs and OCBs are allowed to invest in housing and real estate development
sector, in which foreign direct investment is not permitted. They are allowed to
hold even100 per cent equity in civil aviation sector in which otherwise foreign
equity only up to 40 per cent is permitted. Similarly for the banking sector, NRIs/
OCBs can hold 40 per cent equity inclusive of foreign direct investment. Equity
participation by foreign banking companies, foreign financial companies, and
multilateral institutions as co-promoter and/or technical collaborator is also
permitted up to 20 per cent. Investment made by the NRIs and OCBs are fully
repatriable except in the case of real estate, which has a 3-year lock-in period on
original investment and 16 per cent cap on dividend repatriation.
Government Approval
For the following categories, Government approval would be
necessary:
Proposals attracting compulsory licensing
Items of manufacture reserved for the small scale sector
Proposals involving any previous joint venture, or technology
transfer/trademark agreement in the same or allied field in India.
Extension of foreign technology collaboration agreements (including
those cases, which may have received automatic approval in the first
instance)
Proposals not meeting any or all of the Parameters for automatic
approval.
Where the foreign technology agreement if any, envisages a lump sum payment
not exceeding US $ 2.00 Million and royalty payment up to 8% on exports and
5% on DTA sales (net of taxes) over a period of 5 years from the date of
commencement of commercial production.
Where the exports are to general currency/hard currency areas;
Where the unit is amenable to bonding by customs authorities; and
The unit has projected the minimum export turnover, as specified in the
Handbook of Procedures. All proposals for FDI/NRI/OCB investments in
EOU/EPZ units qualify for approval through Automatic.
Conversion of existing Domestic Tariff Area (DTA) units into EOU is also
Permitted under automatic route, if the DTA unit satisfies the Parameters
mentioned earlier and there is no outstanding export obligation under any
other Export Oriented scheme of the Government of India.
Automatic Approval
The Directors of STPs in respect of STP proposals; and the
Designated Officers in respect of EHTP proposals accord
automatic approval if
The items do not attract compulsory licensing;
The location is in conformity with the prescribed Parameters;
The export obligation laid down in the respective EHTP scheme or
STP scheme is fulfilled;
The CIF value of the imported capital goods required for the project
does not exceed Rs. 100 million;
TYPICAL QUESTIONS:
1. List industries reserved for public sector and industries
for which Industrial Licensing is compulsory under
current Industrial Policy of the Government.(2001)
2. What are the eligibility criteria under the current
Industrial Policy of the Government of India for an
industry to be covered under SSI sector? What are the
special provisions, concessions and incentives
available to the SSI sector under the policy? (2002)
TYPICAL QUESTIONS:
3. What are the criteria under the current Industrial Policy of the
Government of India for the Automatic Approval for
Foreign Technology Agreement? Under what circumstances
one has to obtain specific Government approval for entering
into Foreign Technology Agreement? (2003)
4. Industrial Policy of India before 1991 was mainly regulatory
and restrictive in nature. What are the main changes in the
policy approach & outlook after economic liberalization?
Briefly discuss in view of changes in licensing policy,
Technology Transfer and Foreign Direct Investment. (2005)