Mentoassociates.com – Legal Articles

BWSSB has decided not to sanction new water connections to multistoryied residential and commercial apartments till 2011 end.This was announced by minister in charge of BWSSB, Katta subramanya Naidu on 20-07-10.

BBMP Plans to clean and fill vacant and uneven sites which are filled with obnoxious vegetation or  filth causing nuisance and disturbance to  neighbours.As per provisions of Karnataka Municipal Corporations Act, site owners are supposed keep their sites clean and tidy. In case they do not do the same, BBMP has the power to do the cleaning and then charge the said amount for the site owners.

As per press reports, BWSSB has issued notices to nearly one lakh building owners for not taking steps to harvest rain water.

The rural development ministry of the central government has come up with a Land Titling Bill which may revolutionize the property transactions in the country making them easier and safer. Accordingly property title will be conclusive and guaranteed by the government. Every immovable property will have a unique identification number. A Land Titling Authority will be formed which will enforce uniform procedures regarding titling. There will be a Registry of Title which will make entries regarding changes of the tile holder after a transaction. The overall scheme may help reduce litigations in courts and it will also make land acquisitions faster. There is going to be a 5 year deadline after which the transactions done beyond the purview of Titling Authority may be deemed invalid.

GOBAL INVESTORS MEET-2010

The Global Investors Meet was held on the 3rd and 4th of June 2010 at Bangalore at the initiative of Karnataka Government to attract investments in Karnataka. From the government side the key players included Chief Minister B S Yediyurappa, Industries Minister Murugesh Nirani and V P Baligar, Principal Secretary, Industries Department.

HIGHLIGHTS:

1.Government of Karnataka signed 361 MOU (Memorandum Of Understanding) with investors who promised to invest Rs 3.92 lakhs crores in the state during the two day Global Investors Meet (GIM) held at Palace Grounds, Bangalore.

2.Some prominent companies which signed MOUs included Arcelor Mittal, POSCO, Reliance, Brahmani Steel, Rajashree Cements, Wipro, Infosys, JSW Group, Shell and HAL.

3.About 3900 companies from 18 countries and 21 Indian states participated in the meet. Companies from countries like UK, USA, Germany, France, South Korea, Japan, Malaysia, Sweden Singapore, China, Switzerland etc, participated in the meet. About 7600 delegates also attended the meet. 20 % of the total investment proposals were from foreign countries.

4.Maximum investment was agreed upon in the Iron and Steel Sector followed by Power and Cement.

5.IRON AND STEEL SECTOR: In the iron and Steel Sector, commitments to the tune of Rs 2.43 lakhs crores were given for 52 projects. Mr. Lakshmi Mittal from Arcelona Mittal was the first industrialist to sign an MOU to start a proposed Steel Plant at Bellary for Rs 30,000 crores. Karnataka minister Janardhana reddy‘s wife Aruna Lakshmi singed an MOU on behalf of Brahmani Steels to set up a Rs 36,000 crore steel plant in Sandur and Hospet in  Bellary. POSCO signed MOU to invest Rs 32,336 crores in Bagalkot. Shree Renuka Infra projects Limited signed an MOU worth Rs 6000 crore for a steel Plant   in Vijayanagara.

6.POWER SECTOR: In the power sector the investment proposals stood at 44,152 crores in 38 projects. Shree Renuka Infra projects Limited signed an MOU worth Rs 6000 crore for a power project    in Belgaum.

7.IT: Wipro announced that it will invest Rs 537 crore for a software development center in Bangalore. Infosys signed MOU worth Rs 2,250 crore to set up two software development centers in Bangalore

8.HEALTH CARE: Eleven MOUs worth Rs 4,500 crore were signed with nearly 26000 employments assured. Sagar Hospital signed MOU worth  Rs 3000 crore followed by Narayana Hrudayalaya with 990 crores for  Bangalore Rural. HCG
signed an MOU to stet up a comprehensive cancer treatment and research center at Devanahalli near Banglaore.

9.HELI-TOURISM PROJECTS: During GIM, Karnataka got its first heli-tourism project. A Delhi based company signed the MOU to conduct the tour  packages in Hampi-Bijapur Sector(Hampi- Badami, Pattadkal and Bijapur). The aviation company said it will start its operation in  two to three months time.

10. INFRA STRUCTURE SECTOR: In the infrastructure sector, the government presented 89 project reports, worth nearly Rs 92,000 crores under  the Public Private partnership(PPP).

11.AIRSTRIPS: The government announced to develop 11 airstrips in small towns of Karnataka within the next 18 months. With these, every 100 km in the state will have air connectivity. The government had initially allowed the same under PPP; however no response came from the private firms. Now there are 5 airport projects under the PPP and AAI is developing 6
airports.

12. FINANCE: Canara Bank has committed an initial amount of Rs 20,000 crore, for financially feasible projects identified at GIM.

13.FOLLOW UPS: The state has already launched an interactive website for the investors. Passwords would be given to all investors who signed MOUs at the GIM. The government said that it will consider all these projects in the next State High Level Clearance Committee meeting to be held in June. The Chief Minister assured that the implementation of the projects
will be reviewed every month  by the Chief Secretary and once in three months personally by him.

The government of Karnataka has reserved the Bangalore Urban and Bangalore Rural districts for investemtnts in IT and aero space sectors and it is advising the investors especially in manufacturing sectors to go to places in and around Bangalore.

In Bangalore Urban district the government has only 2321 acres of land andin Bangalore Rural it has 3011 acres, mostly in and around Devanahalli.The Karnataka Industrial Area Development Board(KIADB) has acquired about 12,205 acres of land in Ramanagara district(highest among districts) for creating a land bank.

a. For lease of residential property not exceeding 1 year=0.5% of (Average Annual rent +Security deposit),subject to a maximum of Rs 500/-.
b.For lease of commercial/industrial property not exceeding 1 year=0.5% of (Average Annual rent +Security deposit).
c.For lease exceeding 1 year but not exceeding 10 years=1 % of (Average Annual rent +Security deposit).
d.For lease exceeding 10 years but not exceeding 20 years=2 % of (Average Annual rent +Security deposit).
e.For lease exceeding 20 years but not exceeding 30 years=3 % of (Average Annual rent +Security deposit).
f.For lease exceeding 30 years or in perpetuity or for not a definite term =Same duty as conveyance for the total of (average annual rent plus security deposit) or the market value of the  property, whichever is higher.

BEFORE DISTRICT FORUMS
a.For claim upto Rs 1 lakh:Rs 100/-
b.For claim above Rs 1 lakh upto Rs 5 lakhs:Rs 200/-
c.For claim above Rs 5 lakhs upto Rs 10 lakhs:Rs 400/-
d.For claim above Rs 10 lakhs upto Rs 20 lakhs:Rs 500/-

BEFORE STATE COMMISSION:
a.For claim above Rs 20 lakhs upto Rs 50 lakhs:Rs 2000/-
b.For claim above Rs 50 lakhs upto Rs 1 crore:Rs 5000/-

1. What is FIPB?
A. FIPB stands for Foreign Investment Promotion Board. This is a government body which offers a single window clearance for proposals on Foreign Direct Investment in India.

2. What types of foreign investments are approved by FIPB?
A. Investments which are not through the Automatic Route require the approval of FIPB.

3. Are the recommendations of Foreign Investment Promotion Board final?
A. No. Recommendations of Foreign Investment Promotion Board, for foreign investment proposals not more than Rupees Six Hundred Crore will  be considered and approved by the Finance and Company Affairs Minister. Investment proposals beyond Rupees 600 crores would be initially recommended by Foreign Investment Promotion Board and thereafter sent to Cabinet Committee of Economic Affairs for decision.

4. Under which ministry is FIPB placed?
A. FIPB is placed in the Department of Economic affairs under the Ministry of Finance.

5. Which department looks after Foreign Investment Policy?
A. The Foreign Investment Policy is looked after by DIPP (Department of Industrial Policy and Promotion).

6. Where is the office of FIPB?
A. At North Block, New Delhi.

7. What is the normal time frame for an approval from FIPB?
A. Six weeks.

1. What are the legal forms in which a foreign company or a foreigner can conduct business in India?

a. By incorporating a company under the Companies Act 1956, which may be a joint venture or a wholly owned subsidiary.
b. By opening an office of a foreign entity which may be a liasoning office, representative office, a project office or a branch office.

2. What are the two routes through which foreign investment is permitted in India?
a. Automatic route
b. Government route.

3. What is automatic route of Foreign Investment?
Under this up to 100% of investment is permitted in most of the activities and sectors. There is no requirement of any prior government approval for the investments in this route. The investor shall notify the Reserve Bank of India within 30 days of the receipt of the inward remittance and file the required documents with RBI within 30 days of issue of shares to the non resident investors.

4. Explain Government route of Foreign Investment?
These are sectors or activities where foreign investment requires prior government permission from Foreign Investment Promotion Board (FIPB). These include:
a. Sectors mentioned in Press Note I(2005 series) issued by the Government of India
b. Areas reserved for Small Scale sector.

5. Which are the areas where Foreign Direct Investment is not permitted in India?
A.   a. Retail Trading
b. Atomic Energy
c. Lottery business
d. Gambling and betting
e. Chit fund
f. Nidhi company
g. Agricultural or plantation activities
h. Housing and real estate business.
i. Transferable Developmental Rights.

6.  Can a foreigner repatriate the profits made in India?
Yes.

7. Can a foreigner do partnership or proprietorship concern business in India?
No. However NRIs and PIOs are permitted for the same. But the profits are not repatriable.