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LIST OF INDUSTRIES/ITEMS FOR AUTOMATIC APPROVAL FOR FOREIGN EQUITY
 

Annexure III of the New Industrial Policy, 1991, giving the list of industries/items for automatic approval for foreign equity was amended as per Press Notice No. 14 of 1997 dt. 8.10.1997. Text of the amended Annexure III is not being reproduced here as the same has become redundant since sectoral caps have now been provided in Annexure 'B' of Schedule I to FEM (Transfer and Issue of Security by a Person Resident outside India) Regulations. 2000 (reproduced below).


 

SECTORAL CAP ON INVESTMENT BY PERSONS RESIDENT OUTSIDE INDIA


SECTOR INVESTMENT CAP

DESCRIPTION OF ACTIVITY/ITEMS/CONDITIONS


 1. Telecommunications 49 %

(i) In basic, Cellular Mobile, paging and Value Added Services, and Global Mobile Personal Communications by Satellite subject to the license from Department of Telecommunication of Government of India.

100 %

(ii) In Manufacturing Activities.
 


 2. Housing and Real Estate 100 %

In manufacturing activities.
Only NRI's/OCBs are allowed to invest in the areas listed below:

(a) Development of service plots and construction residential premises.

(b) Investment in real estate covering construction residential and commercial premises including business centers 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 (c) above.

(g) Investment in Housing finance institutions.
 


 3. Coal & Lignite 49 %

(i) in Public Sector Undertaking (PSUs) and
 

50 %

(ii) in other (PSUs) and

(a) Where private Indian companies are setting up or operating power projects as well as coal or lignite mines for captive consumption.

(b) For setting up coal processing plants provided 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 arc supplying raw coal to coal processing plants for washing or sizing.
(c) For exploration, or mining of coal or lignite for captive consumption.
 


 4. Drugs and Pharmaceuticals 74 %

For bulk drugs, their intermediaries and Formulations (except those produced by the use of recombinant DNA technology).
 


 5. Hotel & Tourism

51 %

Hotels include restaurants, beach resort.%, and other tourist complexes providing accommodation and/or catering and food facilities to tourists.

 

 

(ii) Tourism related industry included travel agencies, tour. operating agencies and tourist transport operating agencies, units providing facilities for cultural and adventure and wild life experience to tourist, leisure surface, air and water transport facilities to tourists, leisure entertainment amusement, sports and health units for tourists and  Convention/Seminar units and  organizations.
 


 6. Mining

74 %

Exploration and mining of diamonds and precious stones.

  100 %

Exploration and mining of gold an silver and minerals other than diamonds and precious stone metallurgy and processing.
 


 7. Advertising

74 %

Advertising Sector
 


 8. Films

100 %

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.

(ii) The company should have minimum paid up capital of US $10 million if it is the single largest equity share holder at least US $5 million in other cases.

(iii) Minimum level of foreign equity, investment would be US $25 million for the single largest Equity shareholder and US &5 million in other cases.

 (iv) Debt equity ratio of not more than 1: 1 i.e. domestic borrowings shall not exceed equity.

(v) Provisions of dividend balancing would apply.


 


 9. Oil Refining

100 % ----------
 

10. Manufacturing activities in Special
      Economic Zones (SEZ's)

100 %

The company is, not engaged in any any of following activities:-

(a) arms and ammunition, explosives and allied items of defense equipment, defense aircrafts and warships.

(b) atomic substances,

(c) narcotics and psychotropic substances and hazardous chemicals.

(d) distillation and brewing of alcoholic drinks,

(e) cigarettes/cigars and manufactured tobacco substitutes.
 


11. Any other sector/activity other then
      included in Annexure A (i.e. which
      are not eligible for automatic
      approval).

100 % -----------
     


 





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