Roadmap to setup
an industry in Gujarat
 

   

 
Undertaking Government formalities

For project formulation and Government formalities, iNDEXTb acts as a single point contact organization in  Gujarat.

A)    General   C)   Foreign Technology Agreements  
B)  For FDI companies   D) Specific Approvals  

 

A)    General
Obtaining provisional SSI registration/filing of IEM/ LOI/LOP

Approval

Applicability

Authority

Provisional SSI registration

In the case of SSI units

Concerned District Industries Centre

IEM

In the case of medium and large delicensed industries

Secretariat for Industrial Assistance
Dept. of Industrial Policy & Promotion, Ministry of Comm. & Ind., New Delhi

LOI

In the case of licensed industries

Secretariat for Industrial Assistance
Dept. of Industrial Policy & Promotion, Ministry of Comm. & Ind., New Delhi

LOP

In the case of 100% EOUs

 

a) Items for automatic approval

Development Commissioner of the concerned EPZ

b) Items other than automatic approval

Secretariat for Industrial Assistance
Dept. of Industrial Policy & Promotion, Ministry of Comm. & Ind., New Delhi

 

Constitution of business organization – Proprietorship/Partnership/Pvt Ltd/ Public Ltd companies

Form of business organization

Type of   ownership

Authority

Proprietorship

Individual ownership

No registration required

Partnership

Minimum 2 owners upto a  maximum of 20 owners

Registrar of Partnership Firms, Ahmedabad

Pvt Ltd Co.

Minimum 2 and maximum 50 shareholders with limited liability

Registrar of Companies, Gujarat Region, Ahmedabad

Public Ltd Co.

Minimum 7 and maximum unlimited numbers with limited liability

Registrar of Companies, Gujarat Region, Ahmedabad

 

Acquisition of land – from GIDC/Govt authorities/private sources
Purpose

Authority

Land acquired in GIDC estate

Concerned Regional Office of
Gujarat Industrial Dev. Corpn.

Government land

Concerned District Collector or DDO under whose jurisdiction the survey nos. fall with the recommendation of Industries Commissionerate

Private land

Deemed NA permission up to 10 Hectares granted by the concerned District Collector or DDO under whose jurisdiction the survey nos. fall

 

Pollution Control Board clearance

Purpose

Authority

Items exempted from obtaining permission

--

All other items barring highly polluting industries

NOC to be obtained from
Gujarat Pollution Control Board

Highly polluting industries

First NOC to be obtained and on effective installation of pollution control equipments/satisfactory arrangement for disposal of wastes/effluents, consent to be obtained from Gujarat Pollution Control Board

 

Arrangement of power

Purpose

Authority

For sanction of power

To be applied to concerned  Circle Office of Gujarat Electricity Board under whose jurisdiction the location falls

Captive power

Gujarat Electricity Board

Non-conventional sources of energy

Gujarat Energy Dev. Agency, Vadodara

 

Arrangement of water

Purpose

Authority

Units located in GIDC estates

Executive Engineer, GIDC of the concerned Region

Units located outside GIDC estates for drawing canal water

Irrigation Dept., Government of Gujarat

 

Approval of building plans

Purpose

Authority

Units located in GIDC estates

Executive Engineer, GIDC of the concerned Region

Units located outside GIDC estates for bore-well permission

Local authority under whose jurisdiction the location falls

 

Registration for incentives available, if any

Purpose

Authority

SSI units

Concerned DIC

Other than SSI units

Industries Commissionerate,
Government of Gujarat, Gandhinagar

 

Financial tie-up – Medium or long term loan/short term loan for working capital

Purpose

Authority

Term loan upto Rs.240 lakhs for acquisition of fixed assets

Gujarat State Financial Corpn

Term loan exceeding Rs.240 lakhs for acquisition of fixed assets

Gujarat Industrial Investment Corpn and consortia of other financial institutions/banks

Working capital

Any commercial bank

 

Fund to be raised through public issue

Purpose

Authority

Offer of shares to the public

As per the guidelines issued by RBI/SEBI

 

B)    For FDI companies

Approval

Applicability

Authority

Automatic Route

All items/activities produced/carried out by new ventures, barring a few falling under automatic route for FDI/NRI/OCB investment upto 100%

Reserve Bank of India after ensuring compliance of sectoral policy and equity caps stipulated if any.

Automatic Route

Existing companies proposing to raise foreign equity with an expansion programme, should fulfill  (i) the increase in equity level to result from the expansion of the equity base of the company without acquisition of existing shares by NRI/OCB/foreign investors, (ii) money to be remitted in foreign currency and (iii) proposed expansion programme to be in the sectors under Automatic Route.

Reserve Bank of India after ensuring compliance of sectoral policy and equity caps stipulated if any.

Automatic Route

Existing companies without an expansion program for eligibility under Automatic Route should fulfill (i) they are engaged in the industries under Automatic Route (ii) the increase in equity level will result in expansion of the equity base and (iii) the foreign equity in foreign currency.

Reserve Bank of India after ensuring compliance of sectoral policy and equity caps stipulated if any.

For Foreign Direct Investment under the Automatic Route, RBI has given permission to Indian companies to accept investment under this Route without obtaining prior approval from RBI. Investors are  required to notify the concerned regional office of RBI of receipt of inward remittance within 30 days of such receipts and file required documentation within 30 days of issue of shares to foreign investors.

 

Government Approval

All proposals requiring IL under ID&R Act, 1951

Foreign Investment Promotion Board, Ministry of Industry, GoI, New Delhi

Government Approval

Foreign investment exceeding 24% in the equity capital of units manufacturing items reserved for small scale industries.

Foreign Investment Promotion Board, Ministry of Industry, GoI, New Delhi

Government Approval

All items requiring IL in terms of the locational policy notified by Government under NIP, 1991.

Foreign Investment Promotion Board, Ministry of Industry, GoI, New Delhi

Government Approval

All proposals in which the foreign collaborator has a previous venture/tie up in India

Foreign Investment Promotion Board, Ministry of Industry, GoI, New Delhi

Government Approval

All proposals relating to acquisition of shares in an existing Indian Company in favour of foreign/NRI/OCB investor

Foreign Investment Promotion Board, Ministry of Industry, GoI, New Delhi

Government Approval

All proposals falling outside notified sectoral policy/caps or under sectors in which FDI is not permitted

Foreign Investment Promotion Board, Ministry of Industry, GoI, New Delhi

RBI has granted general permission under FEMA for proposals approved by the Government. Indian companies getting foreign investment approval through FIPB route do not require any further clearance from RBI for the purpose of receiving inward remittance and issue of shares to foreign investors. Such companies would notify the concerned regional office of the RBI about the receipt of inward remittance within 30 days and file the required documentation within 30 days after issue of shares to the foreign investors.

 

C)    Foreign Technology Agreements

Approval

Applicability

Authority

Automatic Approval for foreign technology collaboration agreements

All industries for foreign technology collaboration agreement subject to
(i) lumpsum payments not exceeding US$ 2 million
(ii) royalty payable limited to 5% for domestic sales and 8% for exports subject to a total payment of 8% on sales over a period of 10 years and
(iii) period of payment of royalty not exceeding 7 years from commencement of commercial production or 10 years from the date of agreement whichever is earlier.  The limits of royalty are net of taxes.

Reserve Bank of India

Automatic Approval for use of foreign trade marks and brand names

Payment of royalty upto 2% for export and 1% for domestic sales is allowed on trade marks and brand name of the foreign collaborator without technology transfer. This royalty shall be paid as a percentage of net of sales .

Reserve Bank of India

Automatic Approval by wholly owned subsidiaries

Payment of royalty upto 8% on exports and 5% for domestic sales by wholly owned subsidiaries to offshore parent companies permitted without any restriction on the duration of royalty payments.

Reserve Bank of India

Government approval

For following categories, Govt approval is necessary:

(i) Proposals attracting compulsory licensing
(ii) Items of manufacture reserved for SSI sector
(iii) Proposals involving any previous JV or technology transfer or trade mark agreement in the same or allied field in India
(iv) Extension of agreements
(v) Proposals not meeting any or all the parameters for Automatic Approval.

Secretariat for Industrial Assistance
Dept. of Industrial Policy & Promotion, Ministry of Comm. & Ind., New Delhi

 

D)    Specific Approvals

Purpose

Authority

Food & drug manufacturing units 

Commissioner  of Food & Drug Administration.

Environmental clearance

Forest & Env. Dept. , Government of Gujarat

Boiler registration

Chief Inspectorate,  Steam & Boiler,
Government of Gujarat

Mining of minerals

Commissionerate of Geology & Mining,
Government of Gujarat

Storage of explosive materials

Directorate of Explosives,
Government of India, Vadodara

Environment Impact Assessment

Dept of Environment., GoI

Import of machinery

Joint Directorate General of Foreign Trade,
Ministry of Commerce, GoI, Ahmedabad

Import of raw materials

Joint Directorate General of Foreign Trade,
Ministry of Commerce, GoI, Ahmedabad

Handling of hazardous items

Chief Inspector of Factories,
Government of Gujarat, Ahmedabad

Factory registration

Chief Inspector of Factories,
Government of Gujarat, Ahmedabad

Site clearance certificate for LOI holders for converting into IL

Industries Commissionerate,
Government of Gujarat, Gandhinagar

Powerloom registration

DIC/IC/Textile Commissioner

Registration for hotel

Commissioenrate of Tourism, Government of Gujarat

Registration for milk products

Milk & Milk Products Board, New Delhi

Project located within a distance of 500 mtrs. on coastline

Gujarat Maritime Board, Gandhinagar

Customs bonding for 100% EOUs located outside SEZ

Collector of Customs, Gujarat

Quality registration

Bureau of Indian Standards, Ahmedabad

 

 
 
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