Plantations(Tea, coffee, rubber, cardamom, palm oil tree, olive oil)

a. mining and exploration of metal and non-metal, coal and lignite.

b. mining of titanium bearing minerals and ores

100

100

Automatic

Government

·         value addition facilities are set up within India along with transfer of technology;

·         disposal of tailings during the mineral separation shall be carried out in accordance with regulations framed by the Atomic Energy Regulatory Board

·         FDI will not be allowed in mining of “prescribed substances” listed in the Notification No. S.O. 61(E), dated 18.1.2006, issued by the Department of Atomic Energy.

a. exploration activites, marketing, pipelines, LNG, natural gas, market study, formulation and Petroleum refining in private sector

b. petroleum refining by PSUs

100

49

Automatic

Automatic

Defence

49

Automatic up to 49% Above 49% under Government route on case to case basis, wherever it is likely to result in access to modern and ‘stateof-art’ technology in the country.

·         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 and Ministry of External Affairs.

·         The investee/joint venture company along with manufacturing facility, should also have maintenance and life cycle support facility of the product.

i) broadcasting carriage services:

Ø  Teleports, DTH, Mobile TV, HITS, Cable network

ii)Broadcasting Content Services:

Ø  FM Radio, uplinking of news and current affairs TV Channels

Ø  uplinking of Non-news and current affairs and downlinking

100

49

100

Government

Automatic

1.      Majority Directors of the company should be Indian citizens CEO, Chief officer n-charge of technical operations and chief security officer should be resident Indian citizens.

2.      Security clearance of personnel required

3.      Availability of necessary infrastructure, hardware/software for monitoring by Government.

4.      Government has the right to inspect the facilities after reasonable notice, unless circumstances specify otherwise.

5.      Provide training to government or TRAI officials.

(Publication of newspaper, periodicals, foreign magazines)

Publication of scientific, technical media, facsimile of foreign edition

100

Government

2. The Co. Undertaking the publication of above shall be an Indian incorporated company.

i.) Airports

Greenfield

Existing projects

ii)Airport transport services

–          Domestic scheduled passenger airline

–          Non scheduled air transport service

–          Helicopter/seaplane services

iii) Ground handling services

iv) Maintenance and repair

100

100

49(100 for NRI)

100

100

100

100

Automatic

Automatic upto 74%, beyond that Government route.

Automatic

Automatic

Automatic

Automatic

Automatic

1. Foreign airlines can invest in Indian Companies under government approval route.

2. Scheduled Operator Permit will be granted only when: a) the company has registered and principal place of business in India, b) chairman and 2/3^rd directors are Indian citizens and c) substantial ownership and effective control vests in Indian nationals.

3. Security clearance required.

2)      a foreign investor will be permitted to exit and repatriate foreign investment before the completion of project under automatic route, provided that a lock-in-period of three years, has been completed.( Condition of lock-in period at (A) above will not apply to Hotels &Tourist Resorts, Hospitals, Special Economic Zones (SEZs), Educational Institutions, Old Age Homes and investment by NRIs)

3)      project should conform to norms and standards.

6) Indian investee can only sell developed plots.[4] It is also responsible for obtaining all necessary approvals.

7) FDI is not permitted in an entity which is engaged or proposes to engage in real estate business, construction of farm houses and trading in transferable development rights (TDRs).

8)100% FDI under automatic route is permitted in completed projects for operation and management of townships, malls/ shopping complexes and business centres.

2)minimum area for industrial activity shall not be less than 66%.

100

Automatic upto 49

Beyond that government route.

route

i)Cash & Carry Wholesale Trading

ii)E-commerce

iii)Single brand product retail

Multi brand retailing

Duty free shops

100

100

100

51

100

Automatic

Automatic

Automatic upto 49%, beyond that government route

Government

Automatic

2)WT made in following entities will fall under this category:

– entities holding sales tax/VAT registration/service tax/ excise duty registration

–   entities holding trade license, permit for undertaking retail trade

–   institutes incorporated as a society or public trust.

–   maintain full records on daily basis

– WT of goods would be permitted among companies of the same group.(should not be more than 25% of total turnover)

–  A Wholesale/Cash & carry trader can undertake single brand retail.(Keep business separate)

1)      e-commerce entities would engage only in Business to Business (B2B) e-commerce and not in Business to Consumer (B2C) e-commerce.

2)      FDI is not permitted in inventory based model of e-commerce, only on market based model.

3)      sale of services through e-commerce will be under automatic route.

4)      E-commerce entity providing a marketplace will not exercise ownership over the inventory

5)      An e-commerce entity will not permit more than 25% of the sales affected through its marketplace from one vendor

6)      Warrantee/guarantee shuld be responsibility of seller

7)      Goods/services should hpi;d rovide details f the seller.

8)      It should not directly or indirectly influence sale price of goods/services/

1.      Products to be sold should be of a ‘Single Brand’ only and they should be sold internationally under the same brand. Products should be branded during manufacturing.

2.      Non-residents can undertake single brand retail through legally tenable agreement with brand owner. Evidence such as license should be filed with RBI (automatic route) and SIA/FIPB(approval route)

3.      Foreign investment above 51%, sourcing of 30% of goods will be done from India(MSMEs). This will be checked by duly accounts of company. At the first instance, the requirement has to be met within 5 years and then annually.

4.      A single brand retail operating through brick and mortar stores can undertake retail trade through e –commerce.

5.      An Indian manufacturer is permitted to sell its own branded products in any manner i.e. wholesale, retail, including through e-commerce platforms. Indian manufacturer would be investee owner of Indian brand, owned, controlled by Indian citizens.

1)minimum amount of FDI by foreign investor: US$ 100 million.

2)At least 50% of above shall be invested in ‘back-end infrastructure’ within three years.

3) At least 30% of the value of procurement of manufactured/processed products purchased shall be sourced from Indian micro, small and medium

industries, which have a total investment in plant & machinery not

exceeding US $ 2.00 million.

4) Retail sales outlets may be set up only in cities with a population of more

than 10 lakh.

5) Government will have the first right to procurement of agricultural products

6) Retail trading by e-commerce not permissible.

Duty Free Shop entity shall not engage into any retail trading activity in the Domestic Tariff Area of the country.

view, will be brought by the Ministry of Railways before the Cabinet Committee on Security (CCS).

i) ARC

ii) Private sector banking

iii) Public sector banking

iv) Credit Information

Companies

vi) Infrastructure in securities market

vii)Insurance

vii)Pension

viii)Power exchanges

ix) White Label ATM Operations

100

74

20

100

49

49

49

49

100

Automatic upto 49%, government route beyond that

Automatic upto 49%, government route beyond that

Government

Automatic

Automatic

Automatic

Automatic

Automatic

Automatic

1) Investment limit of a sponsor in the shareholding of an ARC will be governed by the SARFAESI Act.

2)individual shareholding (total) of FII/FPI shall be below 10%

3) All investments would be subject to provisions of SARFAESI Act.

1) at least 26 per cent of the paid up capital will have to be held by residents, except in regard to a wholly-owned subsidiary of a foreign bank.

2)individual FII/FPI holding is restricted to below 10 percent of the total paid-up capital, aggregate limit for all FIIs/FPIs cannot exceed 24 percent, which can be raised up to sectoral limit of 74 percent

3)In the case of NRIs, individual holding is restricted to 5 per cent of the

total paid-up capital both on repatriation and non-repatriation basis and aggregate limit cannot exceed 10 per cent of the total paid-up capital

4)Foreign banks will be permitted to either have branches or subsidiaries but not both. They can set up wholly own subsidiaries.

5)A foreign bank will be permitted to establish a subsidiary through acquisition of shares of an existing private sector bank provided at least 26 percent of the paid capital of the private sector bank is held by residents

(a) A single entity should directly or indirectly hold below 10% equity.

(b) Any acquisition in excess of 1% will have to be reported to RBI as a mandatory requirement; and

(c) FIIs/FPIs investing in CICs shall not seek a representation on the Board of Directors based upon their shareholding.

(i)FII/FPI can invest only through purchases in the secondary market.

(ii) No non-resident investor/entity,  will hold more than 5% of

the equity in commodity exchanges.

1) Aggregate holdings by foreign investor should not exceed 49% of the paid up equity capital.

2) An Indian Insurance company shall ensure that its ownership and control remains at all times

in the hands of resident Indian entities

Necessary registration from the Pension Fund Regulatory and Development Authority and comply with other requirements as per the PFRDA Act, 2013 and Rules and Regulations

(i)FII/FPI purchases shall be restricted to secondary market only;

(ii) No non-resident investor/entity, including persons acting in concert, will hold more than 5% of

the equity in these companies

Any non-bank entity intending to set up WLAs should have a minimum net worth of Rs. 100 crore as per the latest financial year’s audited balance sheet

Greenfield

Brownfield

100

100

Automatic

Government

ii)Investor and investee are required to provide a certificate along with FIPB application

iii) FDI up to 100%, under the automatic route is permitted for manufacturing of medical devices.

FII/FPI limit of 23 per cent of the paid-up capital;

(ii) FII/FPI purchases shall be restricted to secondary market only;

(iii) No non-resident investor/entity, including persons acting in concert, will hold more

than 5% of the equity in these companies;