1. How business can be conducted by a foreign company in India?
Foreign companies can make investments or operate their business in a number
of ways as given below:
· Liaison/representative office
· Project Office
· Branch Office
· 100% Wholly owned subsidiary
· Joint venture company
2. Is foreign company treated as domestic company?
Yes, a foreign company incorporated under the Companies Act is treated
at par with any domestic Indian company within the scope of approval and subject
to all Indian laws.
3. How does a foreign company invest in India?
A foreign company can invest in India either through
· Automatic Approval - by the country's Central Bank, the Reserve Bank of India (RBI), Mumbai, or
· Through the Foreign Investment Promotion Board (FIPB)
4. How are 100% Export Oriented Units (EOUs) registered?
There are four schemes for such units. They are the 100% EOUs / Export
Processing Zones (EPZ), Electronics Hardware Technology Parks (EHTPs), Software
Technology Parks (STPs) and Special Economic Zones (SEZ)
5. Is investment by Non-Resident Indians (NRIs) permitted?
The Government attaches importance to investments by NRIs and Overseas
Corporate Bodies (OCBs) i.e. corporate bodies in which NRIs hold at least 60% of
equity. Government has provided a liberalised policy framework for approval of NRI
investments through both the Automatic and the Government route.
6. What proposals require an Industrial License (IL) and how is it obtained?
Products given below and those reserved for the Small Scale Sector require Industrial License
Schedule I: Industries Reserved for the Public Sector
i. Atomic energy.
(The substances specified in the schedule to the notification of the Government
of India in the Department of Atomic Energy number S.O.212(E), dated the 15th March,
1995.)
ii. Railway transport.
Schedule II: Industries for which Industrial Licensing is Compulsory
i. Distillation and brewing of alcoholic drinks.
ii. Cigars and Cigarettes of tobacco and manufactured tobacco substitutes.
iii. Electronic Aerospace and Defense equipment: all types.
iv. Industrial explosives including detonating fuses, safely fuses, gun powder,
nitrocellulose and matches.
v. Hazardous Chemicals.
vi. Drugs and Pharmaceuticals (according to modified Drug Policy issued in September,
1994 as amended in 1999 and in 2005).
The projects located within 25 kms from the standard urban area of a city with a
population of more than one million according to 1991 census also required Licensing
under locational policy.
The application in
form IL-FC should be filed with the SIA. Approvals normally granted within 6-8 weeks.
7. What is the procedure for a delicensed sector?
An Industrial undertaking exempted from licensing needs only to file information
in the Industrial Entrepreneurs Memorandum (IEM) with the SIA , which will issue an acknowledgement. No further approvals
are required.
8. How is the value of plant & machinery computed?
Broadly speaking, the following points may be kept in mind while computing
value of plant and machinery:
i. Consider original price irrespective of whether the machinery is new or second
hand.
ii. Exclude cost of land and building.
iii. Exclude cost of pollution control equipment, generator sets, bank charges,
cable, storage tanks and fire fighting equipment.
iv. Exclude cost of installation, wiring, transportation charges, and charges for
technical know-how.
v. For imported machinery include import duty, shipping charges and custom clearance
charges.
9. What is a woman enterprise and what are the benefits provided to it by the
Government?
A woman enterprise is a small scale unit where one or more women entrepreneurs
have not less than 51% financial holding.
i. SIDO conducts various programmes such as entrepreneurship development
programmes exclusively for women.
ii. A special prize to outstanding woman entrepreneur of the year is also given
to
recognise achievements made by women entrepreneurs.
iii. SIDBI operates two special schemes for women namely Mahila Udyam Nidhi which
is an exclusive scheme for providing equity to women entrepreneurs and the Mahila
Vikas Nidhi which offers development assistance for pursuit of income generating
activities to women. See SIDBI for more details.
10. Can an industry be set up under self-employment?
A small-scale industry or a tiny unit can easily be set up for self-employment.
You can choose an activity depending upon your interest and suitability not only
to become self-employed but also to generate employment for others.
11. Who will assist in identifying the activity?
District Industries Centers / Commissionerate of Industries facilitate
in identification of a suitable activity. SISI, APITCO can assist you in identifying
the activity based on the Industrial Potential Survey and product specific market
studies.
12. What steps are required for identifying the activity?
A preliminary market study of product(s) or service(s) needs to be undertaken
to analyse consumption and availability pattern. If there is a gap in demand and
supply, the activity considered ideal for selection.
13. Where is market information available?
Market Survey reports on various items and Industrial potential surveys
of particular areas provide the information about the market potential of items.
Industry and Trade associations, specialized institutions like APITCO can also provide
such information.
14. How can market potential be ascertained?
Market potential can be ascertained by conducting preliminary study to
estimate local demand, demand within the state or country, export market and future
prospects of product(s)/service(s). Visit to wholesale and retail markets, bulk
consumers etc. provides accurate information on market potential.
15. Which are the agencies providing financial assistance?
Financial assistance is available from institutions such as Nationalized
Banks, Scheduled and commercial banks, Regional Rural Banks, SIDBI, NSIC, APSFC
etc. Financial assistance will be as term loan for fixed capital such as plant and
machinery, land and building and working capital loan to meet day to day operational
cost of the production.
16. What are the eligibility criteria for getting a loan?
Profitability of the project proposed to be set up and the return on the
investment is the criteria for getting a loan. Any financial institution will support
the project if repayment is assured in terms of surety / collateral security.
17. How much money the entrepreneur is required to invest out of his own resources?
Debt – Equity Ratio
Some portion of total investment has to be contributed by the Entrepreneur out of
own sources. This is called margin money. Financial Institutions insist on 10 to
25 per cent margin money depending upon the category of the entrepreneur, risk factor
and existing scheme under which the project will be financed.
18. What is the cost of borrowing money?
Rate of Interest
The cost of borrowing money depends upon the size of loan required. Lesser the amount
of loan, lesser is the cost of borrowing. Normally, loans involving an amount of
Rs. 25,000/- are available at a rate of interest of about 12.5 %. For loans of higher
amount upto Rs. 2 lakhs, the rate may be 13-14% and for amount higher than that,
it may be 3-4 % more.
19. What is the procedure for getting a loan?
An entrepreneur should approach the concerned finanical institution Application
in prescribed proformae has to be submitted along with project report.
20. How is a Project Report prepared?
A project report is prepared with the help of prescribed guidelines available
industries department & financial institutions. Information about prices of
machinery & equipment, raw material and other various inputs required for setting
up an enterprise need to be collected from the market.
21. Is there any standard model for preparing the project report?
Every financial institution has its own loan application along with bankable
report. However contents of all the proforma are similar.
22. Is a model project report available?
Yes, Model project profiles are available at Commissionerate of Industries
& DIC’s for the guidance of entrepreneurs. However, these project profiles have
to be recast in accordance with specific needs of the entrepreneurs and the current
prices of inputs.
23. Which agency assists in preparation of Project Report?
You can also prepare the Project Report yourself by collecting detailed
information on various points. However institutions like APITCO, SISI, NSIC and
other agencies such as APTDC can help you in preparing the Project Report.
24. What details are required for preparation of Project Report?
Information is required about the technical process, plant and machinery,
raw materials, manpower, market information and statutory representations (like
pollution control and public safety) etc. The details of power and water tariff,
land/shed/building and selling prices etc. needs to be collected.
25. Which are the agencies providing training?
Entrepreneurship Development Programme (EDP) are conducted by SISI, NISIET,
NIRD, and State Government developmental agencies like APPC, APITCO etc.
26. Are there institutions providing consultancy for development or setting
up of project?
APITCO, SISI, APTDC and FAPSIA - SSI centre can provide consultancy for
development or setting up of project. Suitable technologies and consultancy services
are also offered by CSIR Laboratories, PPDC’s, NRDCs, R&D institutions.
27. Which institutions provide details of pollution control guidelines?
A.P. Pollution Control Board, Department of industries provides details
of pollution control guidelines.
28. Does any agency help in promoting exports?
ITPO, DGFT, FIEO & Chambers of commerce in different countries Ministry
of Commerce provide assistance in promoting exports. Office of the Development Commissioner
(SSI), Government of India provides financial assistance to small scale entrepreneurs
to display their products in overseas fairs and also for sales-cum-study tours abroad.
29. What is single window? And how it is useful?
All the approvals / clearances from various agencies will be obtained by
filing a common application form with Single window Cell. Time slots / Deemed approval
provisions are unique in Single Window clearances act. For projects worth above
Rs. 5 crores the cell is operational from Commissionerate of industries and for
the projects below Rs. 5 crores the cell is operational at District Industries Centre.
30. What are scarce raw materials? How they can be procured?
Coal, Coke, Molasses, Alcohol (Rectified Spirit, Denatured Spirit) are
some of the scarce raw materials. These materials can be procured from the respective
agencies only after getting the allotment / linkage from the industries department.
31. MSMED act 2006
· Came into force from 2nd October,2006
· Govt of A.P issued G.O.Ms 311 dt 14.11.2006 for implementation of this act
· Enterprises are classified as manufacturing and Service enterprises
· Investment limit enhanced
· Two stage registration of enterprises is replaced by submission of Entrepreneur
Memorandums (EM)
· Mandatory for filing EM for a medium scale manufacturing enterprises. It is optional
in case of other enterprises
· The EM Application is in two parts i.e Part I and Part II. Part I has to be filed
before the commencement of production and Part II after the commencement of production
· Acknowledgements for EM application shall be given within 1 day in case of applications
filed in person and within 5 days incase of applications filed by post
· There is no fee for processing the memorandum.
32. Investment limits
Prior to MSMED act
|
Under MSMED act
|
Category
|
Investment Limit
|
Category
|
Investment limit
|
|
|
|
Manufacturing enterprises
|
Service enterprises
|
Tiny units
|
Rs. 10 lakhs in P&M
|
Micro enterprises
|
Rs. 25 lakhs
in P&M
|
Upto Rs.10 lakhs
|
SSI
|
Rs. 100 lakhs in P&M
|
Small enterprises
|
Rs. 25 lakhs to Rs. 5 crores in P&M
|
Rs. 10 lakhs to Rs. 2 crores
|
Spl 140 products like pharma, garments, hand tools, stationery
|
Rs. 500 lakhs in P&M
|
Medium enterprises
|
Rs. 5 - 10 crores
|
Rs. 2 - 5 crores
|
SSSBE
|
Rs.10 Lakhs in fixed assets
|
|
|
|
33. Industrial Facilitation Council
Ø Industry Facilitation Council has been constituted under the Interest on the delayed
payments to Small Scale and Ancillary Industrial Undertakings Act 32/93 (subsequent
amendment of 23/98.). Based on this Act, in A.P. constituted APIFC in 1999 and started
functioning from 2000
Ø The main aim of the APIFC to assess the effectiveness in talking the problems
of delay payments to SSI and Ancillary Industrial Undertakings. APIFC proceedings
being conducted on every Monday of the month (working day).
Ø “Micro Small and Medium Enterprises Development (MSMED) Act. 2006 is in force
w.e.f. 02-10-2006 and the Government is yet to formulate Industrial Facilitation
Council as per the new act.
Ø Micro & Small Enterprises Facilitation Council Constituted under MSMED act
2006
Delayed Payments Act to Micro & Small Enterprises
|
Previous Act
|
Change as per MSMED Act
|
Liability of buyer to make payment - period
|
90 days
|
45 days
|
Rate of interest payable on outstanding amount
|
Compound interest with monthly rests, at 1½ times bank rate
|
Compound interest with monthly rests, at 3 times bank rate
|
|