industrial policy

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Presentation Transcript

Legal Aspects of Trade : 

Legal Aspects of Trade Trade/Business Foreign Trade Policy Industrial Policy Bilateral Agreements Legal System of India OPPORTUNITIES umang goel

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UMANG GOEL BHABHA GROUP OF INSTITUTIONS KANPUR umang goel

MEANING OF INDUSTRIAL POLICY : 

MEANING OF INDUSTRIAL POLICY Industrial policy means rules, regulations, principles, policies, and procedures laid down by government for regulating , developing and controlling industrial undertakings in the country. After independence, the government of India has formulated policies for industrial growth and development. These policies have substantially regulated the business environment in the country. umang goel

OBJECTIVES OF INDUSTRIAL POLICY : 

OBJECTIVES OF INDUSTRIAL POLICY Industrial policy statements have been announced from 1948 onwards. A no. of objectives have been projected by the GOI while making industrial policy declarations. Some of the important objectives can be identified as follows: umang goel

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Achieving a socialistic pattern of society. Preventing undue concentration of economic power. Achieving industrial growth. Achieving economic growth. Developing heavy and capital goods industry. Providing opportunities for employment. Protecting and developing a healthy ss sector. Building up a large and growing cooperative sector. Updating technology and modernisation of industry. Liberalisation and globalisation of economy. umang goel

INDUSTRIAL POLICIES : 

INDUSTRIAL POLICIES INDUSTRIAL POLICY RESOLUTION OF 1948 INDUSTRIAL POLICY RESOLUTION OF 1956 INDUSTRIAL POLICY RESOLUTION OF 1973 INDUSTRIAL POLICY RESOLUTION OF 1977 INDUSTRIAL POLICY RESOLUTION OF 1980 THE NEW INDUSTRIAL POLICY OF 1991. umang goel

INDUSTRIAL POLICY RESOLUTION OF 1948 : 

INDUSTRIAL POLICY RESOLUTION OF 1948 THE INDUSTRIAL ACTIVITIES WERE DIVIDED INTO FOUR BROAD AREAS: ITEMS UNDER THE CENTRAL GOVERNMENT CONTROL- ARMS AND AMMUNITION PRODUCTION AND CONTROL OF ATOMIC ENERGY, RAILWAY TRANSPORT AND OTHERS ITEMS UNDER THE STATE GOVERNMENT CONTROL- COAL, IRON AND STEE, AIRCRAFT MANUFACTURE, SHIPBUILDING, TELEPHONES, TELEGRAPHS, AND WIRELESS APPARATUS umang goel

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ITEMS OF BASIC IMPORTANCE PLANNED AND REGULATED BY THE CENTRAL GOVERNMENT- SALT, AUTOMOBILES, TRACTOR, HEAVY MACHINERY, FERTILISER, CEMENT, SUGAR,PAPER, AND SO ON. ITEMS FOR THE PRIVATE SECTOR- ALL OTHER ITEMS LEFT TO THE PRIVATE SECTOR. umang goel

INDUSTRIAL POLICY RESOLUTION OF 1956 : 

INDUSTRIAL POLICY RESOLUTION OF 1956 The classification of industries under three heads, viz., Schedule A, schedule B, and schedule C, made in this policy are still being followed. Classification of industries Schedule A- Arms and ammunitions and defence equipment, Atomic energy Heavy castings and forging of iron and steel. Iron and steel Heavy plant and machinery required for iron and steel production. mining, machinery tools, and other basic industries. umang goel

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Heavy electrical plant Coal and lignite Mineral oils, Mining of iron ore, manganese ore, crome ore, gypsum, gold, diamonds, and sulphur Mining and processing of copper, zinc, lead, tin. Minerals as per Atomic Energy Order, 1953. Aircraft Air transport, Railway transport Shipbuilding, Telephones and telephones cable, telegraph and wireless Generation and distribution of electricity. umang goel

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Schedule B Other minerals excepting minor minerals defined in the minerals concession rules. Aluminum and other non-ferrous metals not included in schele A Ferro alloys and tool steels Machine tools Manufacture of drugs Antibiotics and other essential drugs Fertilizers Synthetic rubber Carbonisation of coal Chemical pulp Road transport Sea transport umang goel

India’s Industrial Policy, 1991 (IP) : 

India’s Industrial Policy, 1991 (IP) Focus on deregulating Indian industry Foreign Direct Investment (FDI) up to 100% permitted under the automatic route in all activities/sectors except: Activities requiring an Industrial Licence Proposals wherein the foreign collaborator has an existing venture/tie up in India in the same field Proposals for acquisition of shares in an existing Indian company in the: Financial services sector and Where SEBI Take Over Regulations are attracted; Proposals falling within notified sectoral policy/caps Government approval required for activities outside automatic route umang goel

IP-Major Policy Measures : 

umang goel IP-Major Policy Measures Liberalization of Industrial Licensing Policy –Industrial Licensing for only 6 industries Liberalisation of the Locational Policy –Advantages to companies located in specific areas Policy for Small Scale Industries –items reserved, investments limits prescribed Policy for FDI-opening up of sectors such as development of integrated townships (upto 100%); Domestic airlines (upto 49%); tea plantation (upto 100% subject to divestment of 26% within five years to FDI), etc.

INDUSTRIAL LICENSING : 

INDUSTRIAL LICENSING List of Industries for which Industrial Licensing is compulsory under IDR Act,1951 Distillation & brewing of alcoholic drinks Cigars and cigarettes of tobacco and manufactured tobacco substitutes. Electronic aerospace and defence equipment. Industrial explosives including detonating fuses, gun powder, nitrocellulose etc. Hazardous chemicals. Drugs and pharmaceuticals. umang goel

LOCATION POLICY : 

LOCATION POLICY Industrial undertakings are free to select the location of a project. In case of cities with population of more than a million, the proposed location should be at least 25 km away from the standard urban area limits of that city, unless it is to be located in an area designated as an industrial area before july 25, 1991. Electronics, computer software and printing are exempt from such locational restrictions. umang goel

DEFINITION OF SMALL INDUSTRIES : 

16 DEFINITION OF SMALL INDUSTRIES Year 1950 Size of Gross Investment in fixed assets in plant and machinery, land, building etc. (not exceeding Rs. 5 lakhs and strength of workforce (employment less than 50 workers / day using power or less than 100 workers / day without use of power) Year 1950 to 2004 Periodical change in the definition shifting the definition from work force, criteria, inclusion of cost of building in the definition to a sole criteria of investment in plant and machinery only and merging of this requirement for both segments of the industry Eligibility criteria based on investment in Machinery and Equipment only

INVESTMENT CEILINGS FOR SMALL SCALE INDUSTRIES YEAR 2004 : 

17 INVESTMENT CEILINGS FOR SMALL SCALE INDUSTRIES YEAR 2004

OBJECTIVES FOR PERIODIC CHANGES IN DEFINITION : 

18 OBJECTIVES FOR PERIODIC CHANGES IN DEFINITION To facilitate growth of this sector with changing economic scenario To facilitate growth within the framework of social and economic policy of the country To encourage technology modernization To promote entrepreneurship among technically qualified persons To improve product standards To create opportunities for in house R&D To provide greater export thrust

Items Reserved For Small Scale Industries in India : 

Items Reserved For Small Scale Industries in India As on 10 October 2008, following items are reserved for exclusive manufacture by micro and small enterprise sector: Food and Allied Industries: Pickles & Chutneys, Bread, Mustard Oil (except solvent extracted), Ground nut oil (except solvent extracted). Wood and Wood Products: Wooden furniture and fixtures Paper Products: Exercise books and registers umang goel

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Injection Moulding Thermo Plastic Product: PVC Pipes, including conduits upto 110 mm dia, Fittings for PVC pipes Other Chemicals & Chemical Products: Wax candles, Laundry soap, Safety matches, Fire works, Agarbatties Glass & Ceramics: Glass Bangles Mechanical Engg. Excluding Transport Equipment: Steel almirah, Rolling shutters, Steel chairs – all types, Steel tables – all other types, Steel furniture – all other types, Padlocks, Stainless steel utensils, Domestic utensils - Aluminium umang goel

SMES – THE MOST VIBRANT & POTENTIAL GROWTH SEGMENT : 

21 SMES – THE MOST VIBRANT & POTENTIAL GROWTH SEGMENT A recent World Bank Report states: “There is now widespread recognition within India that vibrant SMEs are potentially a key engine of economic growth, job creation and greater economic prosperity”. 10th Plan Document of Govt. of India states: “Growth as planned will come from a sharp step-up in industrial and services growth, spurred by SMEs”.

SME SECTOR – SIGNIFICANCE IN INDIAN CONTEXT : 

22 SME SECTOR – SIGNIFICANCE IN INDIAN CONTEXT SMEs are generally less capital-intensive and more labour-intensive. Are best suited for countries like India, China and most of the developing world having abundant supply of low-cost manpower and bountiful natural resources Have provided seed bed for Enterprise Development in the country Provide large scale employment, ensure equitable distribution of income and facilitate effective mobilization of resources of capital and skills, which would otherwise remain unutilized, particularly in rural and backward areas. India has already established a niche in SME Development Strategy and providing excellent support in product development, R&D, financial instruments, Infra-structure, marketing and export development

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Consequently, India is fast emerging as a global hub for labour-intensive manufacturing and knowledge-oriented businesses. umang goel

INDIAN SME SECTOR – AT A GLANCE : 

24 SSI units : 12.3 million Employment generated in SSIs : 29.5 million Production : At current Prices Rs. 4762.01 billion Exports : Rs. 1215 billion SSIs account Industrial Production : 40% Exports : 35% (50% of Direct & Indirect) GDP Share : 7% Ownership pattern : Proprietorships : 78% Partnerships : 16% Corporate & Others : 6% Industrial Units : 96% Service Enterprises : 3% Ancillary Units : 1% Produces Diverse range of products (more than 8000- consumer items, capital goods and intermediates) INDIAN SME SECTOR – AT A GLANCE

IP-Sectoral Limits (a synopsis) : 

IP-Sectoral Limits (a synopsis) umang goel

ROLE OF SSI IN INDIAN ECONOMY : 

ROLE OF SSI IN INDIAN ECONOMY SSI have an important role in India’s industrial and economic development. As in 2001-02 the output of ssi umang goel

Foreign Trade Policy-Basis : 

umang goel Foreign Trade Policy-Basis Focus on agriculture, handicrafts, handlooms, gems & jewellery, leather & footwear sectors Big leap towards procedural simplification and cutting transaction Specific initiatives for changing international trade dynamics New initiatives on infrastructure to reduce congestion at major ports EPCG extended to minor ports, ICDS

Foreign Trade Policy-Highlights : 

umang goel Foreign Trade Policy-Highlights Proposal to abolish cess on export of agricultural and plantation commodities levied under various Commodity Board Acts. Validity of all licences/entitlements issued under various schemes modified to a uniform period of 24 months. Import of second-hand capital goods permitted without any age restrictions. All goods and services exported, including those from DTA units, to be exempt from Service Tax. Time bound introduction of Electronic Data Interface (EDI) for export transactions. 75% of all export transactions to be on EDI within six months . The goods imported under the 'Served from India' Scheme shall be transferable within the group companies and managed hotels subject to ‘Actual User’ condition

Bilateral Agreements b/w Italy and India : 

umang goel Bilateral Agreements b/w Italy and India Bilateral Investment Protection Agreement (BIPA)- dated March 26, 1998 Objective: promotion and protection of investment Key Elements: Promotion and protection of investment National treatment and most favoured nation treatment; Expropriation of investments only in public interest on a non-discriminatory basis and against compensation. Free repatriation/ transfer of returns on investment; Recourse to domestic disputes resolution and international arbitration for investor-state and state-state disputes;

Double Taxation Avoidance Agreement (DTAA) : 

umang goel Double Taxation Avoidance Agreement (DTAA) Applicability Residents of India and/or Residents of Italy Covered taxes In case of India The income-tax including any surcharge thereon In case of Italy The surtax The personal income-tax The corporate income-tax The local income-tax

Other Agreements : 

umang goel Other Agreements Agreements for promotion of Science and Technology MoU on a Joint Laboratory for Applicable Mathematics and Information Sciences MoU on academic and research collaboration in Information and Communication Technology MoU on a Joint Laboratory for Micro-Electro-Mechanical Systems Agreement for cooperation in space science, technology and application MoU on the establishment of a research hub on Neuroinformatics, Bioinformatics MoU on the establishment of a research hub on Grid Technologies and Related Infrastructures

India’s Legal System : 

umang goel India’s Legal System SUPREME COURT METROPOLITAN CITY LEVEL Civil Side District Judge’s Court Civil Judge’s Court Court of Small Causes Criminal Side Sessions Court Chief Metropolitan Magistrate Metropolitan Magistrate’s Court DISTRICT LEVEL Civil side District Judge’s Court Civil Judge (Sr. & Jr.) Criminal Side Sessions Court Chief Judicial Magistrate Judicial Magistrate HIGH COURTS For each State

India’s Legal System-Quasi Judicial Bodies : 

umang goel India’s Legal System-Quasi Judicial Bodies COMPANY LAW BOARD Principal Bench Regional Bench [Single/Double] TRIBUNALS Income Tax Motor Accident Claims Industrial Customs and Excise Appellate Debt Recovery LABOUR COURTS COMMISSIONS Consumer Disputes Redressal- National and State Level Monopolistic & Restrictive Trade Practice

India’s Legal system-Investment Related Issues : 

umang goel India’s Legal system-Investment Related Issues Investment in India- creation of different contractual relationships Governing law- Indian Contract Act, 1872 Dispute resolution Through Courts –District Court, High Court, Supreme Court Through Arbitration Indian Arbitration and Conciliation Act, 1996- based on the UNCITRAL model law on international commercial arbitration

India’s Legal System-Other Issues : 

umang goel India’s Legal System-Other Issues Intellectual Property protection Indian laws on Trade Marks, Patent, Copyright, Designs interalia Trade Marks Act, 1999, Patents Act, 2002, etc. International Agreements/organizations to which India is a party Agreement on trade-related aspect of intellectual property rights (TRIPS) Geneva Convention for the Protection of rights of Producers of Phonograms Universal Copyright Convention World Intellectual Property Organisation (WIPO), Geneva and UNESCO

Areas of Interest-Existing : 

umang goel Areas of Interest-Existing Major items of export to Italy include inter alia chemical products cotton and synthetic yarns raw leather hides readymade garments granite and similar stones footwear cotton and synthetic fabrics handmade textile articles Major items of export to India include inter alia general machinery textile and granite machinery precision tools auto vehicle parts

Areas of Interest- Opportunities : 

umang goel Areas of Interest- Opportunities Information Technology Telecommunications Fashion Textiles Garments Food-processing Gems and Jewellery Engineering Waste Processing Water management Power Technical Education Leather and Leather Goods Agro-industry

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umang goel CORNUCOPIA OF OPPORTUNITIES

umanggoknp@yahoo.co.in : 

umanggoknp@yahoo.co.in umang goel Contact Details

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