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| Policies & Approvals |
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| INDUSTRIAL POLICY – INDIA |
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| The Industrial Policy Resolution of 1956 and the Statement on Industrial Policy of 1991 provide the basic framework for the overall industrial policy of the Government of India The industrial policy announced on 24th July, 1991 substantially dispensed with licensing, announced measures facilitating foreign investment and technology transfers, and threw open the areas earlier reserved for the public sector. |
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| WEST BENGAL |
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Keeping in mind the new Economic Policy, West Bengal formulated its Industrial Policy Resolution in 1994 with a view to secure faster and balanced economic development with the active cooperation of the private sector. The key features of West Bengal's present industrial policy are as follows:
Appropriate foreign technology and investment are welcomed on mutually advantageous terms.
The Government recognizes the importance and key role of Private, Public & Joint sectors in providing accelerated growth and in improvement and upgradation of industrial as well as social infrastructure.
Based upon the available opportunities and the potential of this region, the State Govt, has identified certain segments of industries as thrust areas for special attention viz. |
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Petro-chemicals & Downstream Industries |
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Electronics & Information Technology |
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Iron & Steel, Metallurgical and Engineering |
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Textiles |
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Leather and Leather Products |
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Food Processing, Edible Oil, Vegetable |
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Processing and Aquaculture |
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Development of Medicinal plants, Rubber, Palm oil and Tea |
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Manufacture of basic drugs, chemicals and pharmaceuticals |
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Optimal utilization of minerals and development of mine based industries |
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Gems and Jewellery |
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Promotion of Tourism and Tourism related activities |
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| Keeping in mind the recent surge in entrepreneurs interest to set up industry in the State, the government is drawing up a comprehensive document on its approach to industrialization considering matters such as location policy for industries, areas of development and focus, needs for remote connectivity and meeting the challenges of industrialization without harming farm growth. |
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 FOREIGN INVESTMENT POLICY
India's Economic Policies are designed to attract significant capital inflows on a sustained basis and to encourage technology collaborations between the domestic & foreign entities. The Statement on Industrial Policy issued on July 24, 1991 recognises the role of Foreign Investments considering the maturity of the Indian Economy and the attendant advantages it is expected to bring in the form of technology transfer, marketing expertise, introduction of modern managerial techniques and new possibilities for promotion of exports. Policy initiatives taken over the last few years have resulted in flows of foreign investment in diverse sectors of the economy.
The FDI regime has been progressively liberalized during the course of 1990s (particularly after 1996). Most of the restrictions on foreign investment have been removed & procedures simplified. With limited exceptions Foreigners can now invest directly in India either wholly by themselves or as part of a joint venture.
The Ministry of Commerce & Industry has expanded the list of industries eligible for automatic approval of foreign investments and, in certain cases, raised the upper level of foreign ownership from 51 to 74 percent and further in certain sectors/activities to 100 percent. Today there are only few industries where foreign investment is prohibited. |
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 FOREIGN DIRECT INVESTMENT (FDI) POLICY
| The Government of India recognizes the importance of FDI in the long term development of the 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. India sees FDI as a developmental tool and has progressively liberalized entry norms and caps, which are under regular review by the Ministry of Commerce & Industry. India today has shown its potential to become one of the most attractive global investment destinations and is well poised to play a leadership role in the near future as one of the emerging investment hot spots. The West Bengal government welcomes foreign Technology and Investments as may be appropriate for the needs of the State and is mutually advantageous. The State looks for a balance between the requirements of gobalisation and the needs of self-reliance while according topmost priority to FDI proposals which are being promoted vigorously particularly in areas where it has competitive advantages. The overall objective of the State is to boost economic growth, improve physical and social infrastructure and reduce unemployment and poverty. |
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| FDI Routes |
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There are two distinct routes for making FDI in the State:
AUTOMATIC
Not requiring any prior clearance from the Foreign Investment Promotion Board (FIPB) or the Reserve Bank of India.
FIPB
Investments not on automatic route require prior permission Foreign Investment Promotion Board. |
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| Foreign Investment Promotion Board (FIPB) |
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| FIPB is chaired by the Secretary, Department of Economic Affairs, Gol, and works within the guidelines issued. The main purpose of FIPB is to expedite the approval process. Recommendations up to Rs 6 billion (US$ 130 millon) are approved by the Finance Minister and those above this cut off value are approved by the Cabinet Committee on Economic Affairs. |
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| Foreign Investment Implementation Authority (FIIA) |
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FIIA acts as the single point interface between the investor and the government agencies and helps the former to obtain necessary approvals, sort out operational problems and expedite implementation.
Agencies Facilitating Investment and Business in West Bengal
The relevant agencies, their roles and functions are discussed in Part II of this handbook. |
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| Prohibited Sectors |
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| FDI at the present juncture is prohibited in the following sectors: |
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Gambling Lottery Business, |
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Atomic Energy |
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Retail Trading (except single brand product retailing) |
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| Prior Government approval for FDI is mandatory in the following circumstances: |
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In case the foreign investor has /had any previous joint venture or technology transfer /trademark agreement in the same field or allied field in India. |
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Where more than 24% foreign equity is proposed to be inducted for manufacture of items reserved for the small scale sector. |
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Items requiring Industrial License and not on automatic route viz. manufacture of cigars & cigarettes and defense products. |
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| The summarized sectors/activities, routes for investment and the prevailing FDI/Equity caps are shown in Appendix I. In sectors or activities not listed in the Appendix, FDI is permitted up to 100% on the automatic route subject to sectoral rules/ regulations applicable. |
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 FOREX POLICY
| Under the liberalized exchange control environment of the Foreign Exchange Management
Act (FEMA) 1999, the emphasis of the Gol has shifted to the facilitation of external trade and the orderly development of the forex market. India's exchange reserves have phenomenally increased to around US $ 164 billion. The Rupee is fully convertible on the Current Account and prior approval of RBI is necessary only for foreign currency above certain limits for the following purposes: |
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Holiday travel over US$10,000 p.a. |
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Gift /donation over US$5,000 / US$10,000 per beneficiary p.a. |
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Business travel over US$25,000 per person. |
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Foreign studies as per estimate of institution or US$100,000 per academic year. |
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Architectural / consultancy services procured from abroad over US$1,000,000 per project. |
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Remittance for purchase o Trade Mark / Franchise. |
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Reimbursement of pre incorporation expenses over US$100,000. |
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Remittances exceeding US$25,000 p.a. (over and above ceilings prescribed for other remittances mentioned above) by a resident individual for any current account or capital account transaction. |
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 ENVIRONMENT POLICY
| The National Environment Policy approved by the Union Cabinet in May 2006 mainstreams Environmental concerns, strategies and action plans in all developmental Activities. India believes that only such development is sustainable that respects ecological constraints and the imperatives of justice. Accordingly the overall objectives of the policy that is applicable to all States including West Bengal are focused on: |
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Conservation of Critical Environmental resources |
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Livelihood Security for the Poor |
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Judicious Resource Use |
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Integration of Environmental concerns into policies, plans, projects for economic and social development |
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Efficiency in use of Environmental Resources |
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Environmental Good Governance |
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Partnerships with civil society and communities to enhance resource flows |
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| The Environment Protection Act 1986 was legislated in India, which lays down the broad framework of governance in this area. The GoWB's policy is to strike a balance between the needs of development and the preservation and conservation of environment and natural resources. The GoWB's Policy Statement made as far back as June 1995 seeks special emphasis and thrust on: |
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Control over pollution problems created by organized industries |
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Control over water, air and noise pollution within permissible limits |
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Protection of rivers, water bodies etc from encroachment |
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Preservation, Protection and Restoration of the coastal zone of some 220 kms |
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Improvement of the physical environment of cities and towns |
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Promotion of bio diversity and preservation of forests and wild life |
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Environmental impact assessments prior to location of industries, infrastructure and urban development |
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Public private partnerships and working relationships with societal organizations to generate awareness and active participation in environmental protection |
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Coordination among the various Ministries and Departments of Government to ensure appropriate action plans for policy implementation |
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The West Bengal Pollution Control Board is the Statutory Authority, which is entrusted with the responsibility of implementing environmental laws and regulations within the State. The West Bengal Bio-Diversity Board advises the GoWB on conservation of bio-diversity, sustainable use of its components and equitable sharing of the benefits of the use of biological resources.
Industries have been classified into certain categories keeping in mind the requirements of environmental pollution. Ordinary and Special Red categories (highly polluting) cannot be set up within Kolkata Metropolitan Area, and Orange categories (moderately polluting) not within Kolkata or Howrah Municipal Areas but permissible within Industrial Estates within those areas. Green category industries can be set up in any area subject to pollution and site clearances. Apart from these there is an exempted category that can be set up in any area and only requires local site clearance by the local body. |
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In addition, West Bengal has framed marketing policies for SMEs which include price preference in purchases; exemption from payments of Earnest money; distribution of products through the public distribution system; construction and development of industrial estates, plots, commercial and trade offices; extension of credit support through the West Bengal Financial Corporation, State Cooperative Banks and Commercial Banks; and eligibility to incentives as provided under the West Bengal Incentive Scheme.
The State Government is actively promoting micro and small industries in areas of handicrafts, handlooms, textiles, sericulture, khadi and village industries. The Department of Cottage and Small-scale Industries, its Directorates and Corporations are actively engaged in realizing the policy objectives of GoWB, which aims to promote rapid development of SMEs. Over 314,000 registered small enterprises are in existence in the state employing around 2 million people. The policy adopted involves a multi pronged strategy comprising of a mix of institutional, marketing and infrastructure support, which can help the sector to sustain and gain growth momentum.
The Government of India, keeping in mind the interests of this sector, has recently enacted "The Micro, Small and Medium Enterprises Development Act, 2006 (SMED)" with the objective of promoting, developing and enhancing the competitiveness of small and medium industries. The Act also includes interest and penal provisions for delayed payments to such enterprises by the buyers. The Gol is also coming out with a promotional package of measures for the SME sector which include development of more clusters, preferential treatment for women entrepreneurs, technology up gradation and energy efficiency, capacity building and building forward as well as backward linkages for the clusters. |
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