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2 January 2015
Major FDI Policy Changes
Government has put in place an investor-friendly policy on FDI, under which FDI, up to 100% is permitted, under the automatic route, in most sectors/activities. FDI policy is reviewed on an ongoing basis, with a view to making it more investor friendly. FDI helps in the economic growth of the country by supplementing the domestic capital, bringing technology transfers, global best practices leading to increased manufacturing and productive capacity. Overall growth in different sectors of economy results in job creation.
Following are the major FDI policy changes made during the year:
Defence:
The Government vide Press Note 7 /2014 dated 26th August, 2014 has allowed FDI upto 49% on approval route in Defence sector with certain conditions e.g., the applicant company seeking FIPB approval be an Indian company owned and controlled by resident Indian citizens. Above 49% the proposal will be routed to Cabinet Committee on Security on a case to case basis, wherever it is likely to result in access to modern and state-of-art technology in the country. FPI investment has been allowed to be made in the Defence sector upto 24% on automatic route. A number of conditions have been relaxed /removed making the sector more investor friendly.
The proposal is expected to result in technology transfer which would help in increasing the production base and providing an impetus to manufacturing sector and job creation in India. The measure is expected to not only reduce the heavy burden of imports and conserve foreign exchange reserves but also make domestic manufacturing an integral part of GDP growth of the country.
Railways:
The Govt. (vide PN 8/2014 dated 26th August, 2014) has allowed 100% private and FDI investment under automatic route in Rail infrastructure (other than construction, operation and maintenance of (i) Suburban corridor projects through PPP, (ii) High speed train projects, (iii) Dedicated freight lines, (iv) Rolling stock including train sets, and locomotives/coaches manufacturing and maintenance facilities, (v) Railway Electrification, (vi) Signaling systems, (vii) Freight terminals, (viii) Passenger terminals, (ix) Infrastructure in industrial park pertaining to railway line/sidings including electrified railway lines and connectivities to main railway line and (x) Mass Rapid Transport Systems ) subject to meeting sectoral laws and with the condition that FDI beyond 49% in sensitive areas from security point of view will be approved by the Cabinet Committee on Security on a case to case basis.
The proposal for amendments will facilitate private investment including FDI inflows into infrastructure projects including elevated rail corridor project in Mumbai, High Speed Train project, port connectivity projects, dedicated freight corridors, logistic parks, station development, locomotive manufacturing units and power plants, through public-private partnerships which would not only bring in the much needed capital but also technology and global best practices.
Construction Development:
The Government has issued the Press Note No. 10 on 3rd December, 2014 amending the FDI policy regarding Construction Development Sector. Amended policy includes easing of area restriction norms, reduction of minimum capitalization and easy exit from project. Further, in order to give boost to low cost affordable housing, it has been provided that conditions of area restriction and minimum capitalization will not apply to cases committing 30% of the project cost towards affordable housing.
FDI INFLOWS
Total FDI into India, since April, 2000, including equity inflows, reinvested earnings and other capital, is US $ 345.29 billion (April, 2000-September, 2014). During the calendar year 2014 (i.e. during January- September, 2014), FDI equity inflows of US $ 22.43 billion have been received. This represents increase of 24% over the FDI equity inflows of US $ 18.07 Billion received during the corresponding period (January- September 2013) of the previous calendar year (2013).
During the financial year 2014-15 (i.e. April- September, 2014), FDI equity inflows of US $ 14.69 billion have been received. This represents an increase of 17% over the FDI equity inflows of US$ 12.59 billion received during the corresponding period (April 2013- September, 2013) of the previous financial year (2013-14).
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Year End Review- |
Government constitutes National Institution for Transforming India (NITI) Aayog
Press Note
The Government has replaced Planning Commission with a new institution named NITI Aayog (National Institution for Transforming India). The institution will serve as ‘Think Tank’ of the Government-a directional and policy dynamo. NITI Aayog will provide Governments at the central and state levels with relevant strategic and technical advice across the spectrum of key elements of policy, this includes matters of national and international import on the economic front, dissemination of best practices from within the country as well as from other nations, the infusion of new policy ideas and specific issue-based support.
The following is the full text of the Cabinet Resolution:-
RESOLUTION
Mahatma Gandhi had said: “Constant development is the law of life, and a man who always tries to maintain his dogmas in order to appear consistent drives himself into a false position”. Reflecting this spirit and the changed dynamics of the new India, the institutions of governance and policy have to adapt to new challenges and must be built on the founding principles of the Constitution of India, the wealth of knowledge from our civilizational history and the present day socio-cultural context.
a. The industry and service sectors have developed and are operating on a global scale now. To build on this foundation, new India needs an administration paradigm in which the government is an “enabler” rather than a “provider of first and last resort”. The role of the government as a “player” in the industrial and service sectors has to be reduced. Instead, government has to focus on enabling legislation, policy making and regulation.
b. India’s traditional strength in agriculture has increased manifold on account of the efforts of our farmers and improvements in technology. We need to continue to improve, and move from pure food security to a focus on a mix of agricultural production as well as the actual returns that farmers get from their produce.
c. Today, we reside in a ‘global village’, connected by modern transport, communications and media, and networked international markets and institutions. As India ‘contributes’ to global endeavours, it is also influenced by happenings far removed from our borders. Global economics and geo-politics are getting increasingly integrated, and the private sector is growing in importance as a constituent within that. India needs to be an active player in the debates and deliberations on the global commons, especially in relatively uncharted areas.
d. India’s middle class is unique in terms of its size and purchasing power. This formidable group is increasing with the entry of the neo-middle class. It has been an important driver of growth and has enormous potential on account of its high education levels, mobility and willingness to push for change in the country. Our continuing challenge is to ensure that this economically vibrant group remains engaged and its potential is fully realised.
e. India’s pool of entrepreneurial, scientific and intellectual human capital is a source of strength waiting to be unleashed to help us attain unprecedented heights of success. In fact, the ‘social capital’ that is present in our people has been a major contributor to the development of the country thus far and, therefore, it needs to be leveraged through appropriate policy initiatives.
f. The Non-Resident Indian community, which is spread across more than 200 countries, is larger in number than the population of many countries of the world. This is a significant geo-economic and geo-political strength. Future national policies must incorporate this strength in order to broaden their participation in the new India beyond just their financial support. Technology and management expertise are self-evident areas where this community can contribute significantly.
g. Urbanisation is an irreversible trend. Rather than viewing it as an evil, we have to make it an integral part of our policy for development. Urbanisation has to be viewed as an opportunity to use modern technology to create a wholesome and secure habitat while reaping the economic benefits that it offers.
h. Transparency is now a sine qua non for good governance. We are in a digital age where the tools and modes of communication, like social media, are powerful instruments to share and explain the thoughts and actions of the government. This trend will only increase with time. Government and governance have to be conducted in an environment of total transparency – using technology to reduce opacity and thereby, the potential for misadventures in governing.
In essence, effective governance in India will rest on the following pillars:
a. Pro-people agenda that fulfils the aspirations of the society as well as individual,
b. Pro-active in anticipating and responding to their needs,
c. Participative, by involvement of citizens,
d. Empowering women in all aspects
e. Inclusion of all groups, with special attention to the economically weak (garib), the SC, ST and OBC communities, the rural sector and farmers (gaon and kisan), youth and all categories of minorities.
f. Equality of opportunity to our country’s youth,
g. Transparency through the use of technology to make government visible and responsive.
In the context of governance structures, the changed requirements of our country, point to the need for setting up an institution that serves as a Think Tank of the government – a directional and policy dynamo. The proposed institution has to provide governments at the central and state levels with relevant strategic and technical advice across the spectrum of key elements of policy. This includes matters of national and international import on the economic front, dissemination of best practices from within the country as well as from other nations, the infusion of new policy ideas and specific issue-based support. The institution has to be able to respond to the changing and more integrated world that India is part of.
An important evolutionary change from the past will be replacing a centre-to-state one-way flow of policy by a genuine and continuing partnership with the states. The institution must have the necessary resources, knowledge, skills and, ability to act with speed to provide the strategic policy vision for the government as well as deal with contingent issues.
Perhaps most importantly, the institution must adhere to the tenet that while incorporating positive influences from the world, no single model can be transplanted from outside into the Indian scenario. We need to find our own strategy for growth. The new institution has to zero in on what will work in and for India. It will be a Bharatiya approach to development.
i. Vice-Chairperson: To be appointed by the Prime Minister
ii. Members: Full-time
iii. Part-time members: Maximum of 2 from leading universities research organizations and other relevant institutions in an ex-officio capacity. Part time members will be on a rotational basis.
iv. Ex Officio members: Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister.
v. Chief Executive Officer : To be appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India.
vi. Secretariat as deemed necessary.
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Government establishes NITI Aayog (National Institution for Transforming India) to replace Planning Commission
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composition of NITI ayog
The NITI Aayog, set up by a resolution of the Union Cabinet, will have a multi-tiered structure, with the PM as the chairperson, a governing council comprising the chief ministers of all states and lieutenant governors of union territories, regional councils to be set up on region and state specific issues, and experts and specialists as the PM’s special invitees. “The regional councils will be convened by the Prime Minister and will comprise the chief ministers of all the states and lieutenant governors of union territories in the region. These will be chaired by the chairperson of the NITI Aayog or his nominee,” said an official statement.
In addition, the full-time organisation framework of the NITI Aayog will comprise the PM as its chairperson, who will appoint a CEO and vice-chairperson. It will also have some full-time members and two part-time members, while four union ministers will serve as ex-officio members. While the two part-time members will - be from leading universities and research organisations, the number of full-time members has not been specified as yet.
Sources said the names of the members are likely to be announced over the next few days - While the Planning Commission was primarily responsible for deciding on plan spending of the Centre and allocation to state governments, the NITI Aayog will provide a “national agenda framework for the Prime Minister and the chief ministers” after evolving “a shared vision of national development priorities, sectors and strategies with the active involvement of states”. Invoking the words of national and spiritual leaders including Mahatma Gandhi, Swami Vivekananda and B R Ambedkar, the government said the new agency will also “foster cooperative federalism through structured support initiatives and mechanisms with states” as well as develop mechanisms to formulate credible plans at the village level.
“Nearly 65 years later, the country has transformed from an under-developed economy to an emergent global nation with one of the world’s largest economies… People require institutional reforms in governance and dynamic policy shifts that can seed and nurture largescale change,” said the statement. Besides, the NITI Aayog will interact with and encourage partnerships between key stakeholders and national and international like-minded think tanks, maintain a state-of-the-art resource centre on good governance and best practices in sustainable and equitable development and actively monitor and evaluate the implementation of programmes and initiatives. It will also “ensure, on areas that are specifically referred to it, that the interests of national security are incorporated in economic strategy and policy,” said the official statement, adding that it will pay special attention to the sections of society that may be at risk of not benefiting adequately from economic progress. Further, it will design strategic and long-term policy and programme frameworks and initiatives, and monitor their progress and their efficacy.
The Centre we need
New year resolutions, for the most part, are platitudes. This is because, to paraphrase Sherlock Holmes, it is the obvious that eludes us the most. The government is generating a lot of activity, but in a form more likely to cause greater economic uncertainty rather than restore clarity. And this is most true of the finance ministry, the economic face of the government. We all hope the new year will bring new resolve and clarity. But the signals are a bit confusing. So here are reminders in terms of the five key transitions needed in the new year.
First, the government was elected to restore institutional credibility, not erode it further. Frankly, the defence of the ordinance route for important legislation like coal and land acquisition is dubious on two grounds. The Opposition may have stalled Parliament. But the prime minister could have seized the political initiative with simple gestures like, “I will answer all questions in both Houses of Parliament for at least one hour a week.” A prime minister’s question hour would have restored the dignity of Parliament. It would not have given the impression that he is running away. And if, after that, the Opposition were still obtuse, at least legitimacy would be on the government’s side. There has not been a single major gesture by the government to restore institutional credibility. The prime minister rightly said that countries with ideologies falter, those with values endure. He should have added: Those with strong institutions thrive.
Second, the government needs to make a transition from “we are a too-clever-by-half lawyers’ government” to a people’s government. This hubris did the last government in. The land acquisition act needed modification, particularly on procedures. But the nature of the proposed modifications is a recipe for future problems. First, the social impact assessment (SIA) needed rationalisation. But this could have been done by promulgating rules. It did not need an ordinance. Second, the exemption granted to PPP projects will make the act liable to misuse. The courts will step in and we will be back to square one. A typical government manoeuvre: Preserve the form of the SIA but hollow it out. And third, the ordinance does not clean up anomalies in the act. (An odd one is that if the property of a minority education institution is acquired, the market value should be such that it would not abrogate the right of the institution to function, but the same protection does not apply to majority-run educational institutions. So, as a Jain, my private institution has more protection than as a Hindu.) The intent seems to have been more to create a splash. As my colleague, Partha Mukhopadhyay, colourfully puts it, this government seems to believe not in MGNREGA, but LEGA (legal employment generation acts).transition is thinking about ends and means differently in public finance. Financial prudence and macroeconomic stability is a good thing. But making India competitive will require at least four wheels: infrastructure and energy, human capital, low morbidity and good regulation. Right now, we have about half a wheel. There is some activity in infrastructure and energy, though without credible financing plans. The ministry of human resource development is a black hole, more intent on destroying than creating. Health has always been low priority and we have not even begun to reckon with its costs to the economy. There are some interesting moves on regulation. But building a credible state that can generate compliance will require massive investment — from information systems to the judiciary, from regulatory capacity to technical knowledge. The state will need to spend on all the areas it needs to get into. We have not seen a budget in years that has a credible financial plan to get all the four wheels going. Quite the contrary, the administrative form that budgetary compression takes usually means even less rationality in expenditure. In the short run, it will also be impossible to raise growth without public investment. Let the budget serve the needs of the economy, not the economy the needs of the budget. We need to make the transition from crony capitalism to well-regulated capitalism. The inherited mess has left its imprint on every single institution, including the banking sector. Under pressure, some prosecutions are proceeding. But the government knows that chasing black money with special investigation teams is another one of those delusional too-clever-by-half solutions. It needs to create an institutional architecture that can create sensible accountability. Getting the infrastructure sector out of the mess it is in will require cutting new deals, renegotiating contracts and so forth. If the government does not have anti-corruption political capital, it will not be able to cut those deals credibly. But there is no evidence that the government has done anything to restore trust in its institutions on this score. This government was not elected to paper over the problem of plutocracy. It was elected to confront it. Finally, a modern state has to be a welfare state.
There can be a debate about which forms of welfare enhance participation in an economy and which lock citizens into low-capability traps. Welfare is a floor, not a ceiling. There can also be a debate about the instruments of delivery. Unfortunately, what we are seeing by way of reform is not a transition from dole to participation; it is simply cutting for the sake of cutting. Rather than ad hoc cuts here and there, the government will need to spell out its roadmap for a welfare state that is credible and effective. This is particularly so in a context where rural wages are likely to stagnate over the next year or so. A good welfare state is both politically and economically prudent. A government that lets itself be ideologically confused about this will be in -trouble soon. The last year saw one of the most astounding political feats in modern Indian history: The political victory of Narendra Modi. But the political audacity has not yet been matched by economic imagination, institutional regeneration or ideological assurance. The government still has lots of political capital. It has also been lucky with energy and food prices. So the immediate sense of crisis has dissipated. But, as the year came to a close, so did the sense of euphoria. Old pathologies are beginning to reassert themselves faster than new innovations. Contrary to the defensiveness of the government, people want it to be a success. The criticism is to goad it into action. The new year resolution has to be “back to basics, not building castles in the sand”. The tides of politics wash those away rather swiftly. -
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