Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.
Reserve Bank of India Act, 1934 and all regulations/rules/orders issued thereunder.
Banking Regulation Act, 1949 and all regulations/rules/orders issued thereunder.
Income Tax Act, 1961 and all regulations/rules/orders issued thereunder.
Securities and Exchange Board of India Act, 1992 and all regulations/rules/orders issued thereunder.
Foreign Contribution (Regulation) Act, 1976 and all regulations/rules/orders issued thereunder.
Foreign Trade (Development and Regulation) Act, 1976 and all regulations/rules/orders issued thereunder.
Securities Contracts (Regulation) Act, 1956 and all regulations/rules/orders issued thereunder.
Prevention of Money Laundering Act, 2002 and all requlations/rules/orders issued thereunder.
Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and all regulations/rules/orders issued thereunder.
Customs Act, 1962 and all regulations/rules/orders issued thereunder.
Customs Tariff Act, 1975 and all regulations/rules/orders issued thereunder.
Central Excise Act, 1944 and all regulations/rules/orders issued thereunder.
Central Excise Tariff Act, 1985 and all regulations/rules/orders issued thereunder.
Additional Duties of Excise (Textiles and Textiles Articles) Act, 1978 and all regulations/rules/orders issued thereunder.
Bureau of Indian Standards Act, 1986 and all regulations/rules/orders issued thereunder.
Environment Protection Act, 1986 and all regulations/rules/orders issued thereunder.
Description:
The Central Government may, in public interest, suspend or relax permission granted or restriction imposed by the Foreign Exchange Management Act, 1999 (FEMA, 1999), by notification specifying the duration of such suspension.
The Central Government may from time to time give general or special directions as it thinks fit, to the Reserve Bank of India in the discharge of functions with relation to administration of the FEMA, 1999.
Where a company contravenes any of the provisions of the FEMA, 1999, or any rule, direction or order made there- under, the company and every person who at the time the contravention was committed, was in charge of, and was responsible to the company for conduct of the business of the company would be liable to be punished under the provisions of the FEMA, 1999 unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.
4.
Sector: All Sectors
Sub-Sector: Items reserved for manufacture by Micro, Small and Medium enterprises.
Industry Classification:
Type of Reservation: Prohibition of Performance Requirement (Article 89)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.
Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and all regulations/rules/orders issued thereunder.
Description:
Any industrial undertaking which is not a Micro or Small Scale Enterprise, but manufactures items reserved for the MSE sector, would require Government route where foreign investment is more than 24 percent in the equity capital, subject to conditions such as obtaining of an Industrial Licence under the Industries (Development and Regulation) Act 1951 for such manufacture and the condition that the Industrial Undertaking shall undertake to export a minimum of 50 percent of the new or additional annual production of the MSE reserved items to be achieved within a maximum period of three years.
5.
Sector: Atomic Energy
Sub-Sector: Atomic Power Generation, Manufacturing and supply of nuclear fuel, Radioactive Waste Treatment and Disposal, Radio isotope and Radiation Generation Facilities ,Services relating to Nuclear Energy Planning, Maintenance and Repair Services
Industry Classification:
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.
Atomic Energy Act, 1962 and all
regulations/rules/orders issued thereunder.
Description: Foreign direct investment is prohibited in Atomic Energy Sector.
6.
Sector: Chit Fund Business, Nidhi, Transferable Development Rights; Agriculture and Plantation (other than Tea Plantation); and Real estate business (other than construction development)
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.
Atomic Energy Act, 1962 and all regulations/rules/orders issued thereunder.
Description: No person resident outside India shall make investment in India in any form, in any company or partnership firm or proprietary concern, or any entity, whether incorporated or not which is engaged or proposes to engage:
(a) in the business of chit fund;
(b) as Nidhi company;
(c) in agricultural or plantation activities;
(d) in real estate business, or construction of farm houses; or
(e) in trading in Transferable Development Rights.
(a) Chit means a transaction whether called chit, chit fund, chitty, kuri or by any other name which a person enters into an agreement with a specified number of persons that every shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of instalments over a definite period and that each such subscriber shall, in his turn, as demand or by auction or by tender or in such other manner as may be specified in the chit agreement entitled to the prize amount.
(b) Nidhi or mutual benefit society means a company which the Central Government may by notification in the official gazette declare to be a nidhi company or a mutual benefit society.
(d) Real estate business (however for the purposes of this limitation, "real estate" does not include development of townships, construction of residential/commercial premises, roads and bridges)
(e) Transferable Development Rights means certificates issued in respect of category of land acquired for public purposes either by the Central or State Government in consideration of surrender of land by the owner without monetary compensation which are transferable in part or whole.
NRIs are allowed to invest in development of serviced plots, construction of built-up residential premises, investment in real estate covering residential and commercial premises including business centres and offices, development of townships, city and regional level urban infrastructure facilities including roads and bridges, investment in manufacture of building materials, investment in participatory ventures for all of the above; and investment in housing finance institutions without the conditions of minimum capitalisation or minimum area for development or lock-in of investment.
7.
Sector: Manufacturing of Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes
Sub-Sector:
Industry Classification: NIC: 22 ISIC: 12
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Companies Act, 1956 and all regulations/rules/orders issued thereunder.
Industries (Development and Regulation) Act, 1951 and all regulations/rules/orders issued thereunder.
Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 and all regulations/rules/orders issued thereunder.
Description: FDI in manufacture of "Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes" (Code 24.02 of Indian Trade Classification which follows the Harmonised Commodity Description and Coding System) is prohibited.
8.
Sector: Gambling, Betting, Lottery
Sub-Sector:
Industry Classification: NIC: 84 ISIC: 92
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Description: No person resident outside India shall make investment in India in any form, in any company or partnership firm or proprietary concern, or any entity, whether incorporated or not which is engaged or proposes to engage in lottery business (including Government/private lottery, online lotteries, etc.), gambling and betting including casinos etc.
Foreign technology collaboration or use of franchise/trademark/brand name of foreign collaborator, or management contract, etc. is not permitted in lottery business, gambling and betting. This includes foreign investment through, FII portfolio investment, NRI/Overseas Corporate Bodies (OCBs) investment on non- repatriable basis and investment by foreign venture capital investors.
9.
Sector: Acquisition of Land
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Transfer of Property Act, 1882 and all regulations/rules/orders issued thereunder.
The Registration Act, 1908 and all regulations/rules/orders issued thereunder.
The Indian Stamp Act, 1899 and all regulations/rules/orders issued thereunder.
The Land Acquisition Act, 1894 and all regulations/rules/orders issued thereunder.
Description: Save and except as otherwise provided under FEMA and regulations made thereunder, no person resident outside India can transfer any immovable property in India.
A person resident outside India can purchase immovable property in India including land only if he or she has established in India a branch, office (excluding liaison office) or other place of business for carrying on a permitted activity in India which is necessary for or incidental to carrying on such activity provided that it complies with all applicable laws, regulations or directions and a declaration in this regard is filed with Reserve Bank of India.
10.
Sector: Agriculture
Sub-Sector: All agriculture activities like farming and plantation.
Industry Classification: NIC: 00, 01, 03 ISIC: O1
Type of Reservation: National Treatment (Article 85) Most-Favoured-Nation Treatment (Article 86)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Transfer of Property Act, 1882 and all regulations/rules/orders issued thereunder.
The Registration Act, 1908 and all regulations/rules/orders issued thereunder.
The Indian Stamp Act, 1899 and all regulations/rules/orders issued thereunder.
Description:
1. FDI is not allowed in any agricultural/plantation sector/activity except the following:
(a) 100 percent FDI is allowed under automatic route in Floriculture, Horticulture, Development of Seeds, and Cultivation of Vegetables and Mushrooms under controlled conditions and services related to agro and allied sectors.
(b) 100 percent FDI is allowed in the Tea sector including tea plantations under Government route subject to the conditions of :
(i) Compulsory divestment of 26 percent equity of the company in favour of an Indian partner/Indian public within a period of 5 years
(ii) Prior approval of the State Government concerned in case of any future land use change.
2. For companies dealing with development of transgenic seeds/vegetables, the following conditions apply:
(a) When dealing with genetically modified seeds or planting material the company shall comply with safety requirements in accordance with laws enacted under the Environment (Protection) Act on the genetically modified organisms.
(b) Any import of genetically modified materials if required shall be subject to the conditions laid down vide Notifications issued under Foreign Trade (Development and Regulation) Act, 1992.
(c) The company shall comply with any other Law, Regulation or Policy governing genetically modified material in force from time to time.
(d) Undertaking of business activities involving the use of genetically engineered cells and material shall be subject to the receipt of approvals from Genetic Engineering Approval Committee (GEAC) and Review Committee on Genetic Manipulation (RCGM).
(e) Import of materials shall be in accordance with National Seeds Policy.
(f) The term "under controlled conditions" covers the following:
- "Cultivation under controlled conditions" for the categories of Floriculture, Horticulture, Cultivation of vegetables and Mushrooms is the practice of cultivation wherein rainfall, temperature, solar radiation, air humidity and culture medium are controlled artificially. Control in these parameters may be effected through protected cultivation under green houses, net houses, poly houses or any other improved infrastructure facilities where micro-climatic conditions are regulated anthropogenically.
- Development of seeds will be considered to be "under controlled conditions" when seed farms/laboratories use tissue culture or any other micro-propagation techniques for development and multiplication of seeds/planting material. Seed development in the case of anthuriums, orchids and other ornamental crops in green houses/net houses/poly houses is also included in this category.
11.
Sector: Animal Husbandry, Pisciculture and Aquaculture
Sub-Sector:
Industry Classification: NIC: 05, 06 ISIC: 01, 03
Type of Reservation: National Treatment (Article 85), Most-Favoured-Nation Treatment (Article 86)
Measures: Article 73 Of the Constitution of India Read with Article 246 of the Constitution of India.
Foreign Exchange Management Act, 1999 and all regulations/rules/orders issued thereunder.
Press Notes and Circulars on FDI Policy issued by the Central Government.
Essential Commodities Act, 1955 and all regulations/rules/orders issued thereunder.
Destructive Insects and Pests Act, 1914 and all regulations/rules/orders issued thereunder.
Ban on fishing by all fishing vessels in the EEZ beyond territorial waters.
Notification dated 24-08-09 for the Prevention and Control of Infectious and Contagious Diseases in Animals.
The Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009 and all regulations/rules/orders issued thereunder.
Milk and Milk Product Order, 1992.
The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1991 and all regulations/rules/orders issued thereunder.
Description: 100 percent FDI is allowed under automatic route in Animal Husbandry, Pisciculture and Aquaculture under controlled conditions and services related to agro and allied sectors.
- In case of Animal Husbandry, scope of the term "under controlled conditions" includes;
. Rearing of animals under intensive farming systems with stall-feeding. Intensive farming system will require climate systems (ventilation, temperature/humidity management), health care and nutrition, herd registering/pedigree recording, use of machinery, waste management systems.