The Appeal against the environmental clearance or rejection can be made before the National Green Tribunal established in 2010.
US 19:
Report by the Secretariat (WT/TPR/S/249): II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES: (4) Investment Regime: (ii) Foreign investment regime: Page 32, Paragraph 38:
The Secretariat's Report notes that FDI in LLPs is allowed with FIPB approval, in sectors where 100% FDI is permitted and where FDI is not linked to any performance conditions. In which sectors is FDI linked to performance conditions? What precisely are those conditions?
Reply: The sectors inter alia include "non banking finance companies" and "development of townships, housing, built up infrastructure and construction development projects" where performance conditions, including fulfilment of a minimum capitalisation norm, are to be fulfilled.
US 20:
Report by the Secretariat (WT/TPR/S/249): II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES: (4) Investment Regime: (ii) Foreign investment regime: Pages 32 33, Paragraph 39:
The Secretariat's Report notes that the number of sectors/activities in which FDI is prohibited by India has increased during the review period. Please confirm whether the Secretariat's statement on this issue is correct? If so, what is the policy rationale for increased prohibition on FDI, in light of India's stated intention to liberalize its investment regime? The Secretariat's Report also notes that between April 2007 and December 2009, the FIPB approved 949 FDI proposals with total investment of Rs. 404 billion. How many FDI proposals, if any, were declined during this period? On what basis are FDI proposals declined?
Reply: The list of sectors prohibited under both the Foreign Exchange Management Act and FDI Policy as extant at the time of the earlier review, was subsequently consolidated under the FDI policy, which is available in the public domain. Only one additional sector i.e. "manufacturing of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes" has since been added. This has aligned the policy with Government's earlier decision of not permitting industrial licenses for fresh capacity in the sector.
