FDI in retail and aviation sectors set to become a reality now

September 21, 2012

FDI_Retail

New Delhi, September 21: The government on Thursday evening braved intense political opposition and a nationwide bandh to notify the rules for allowing foreign retailers such as Walmart and Carrefour to set up stores in India.

The government also notified the relaxed conditions for single-brand retail as well as the norms for allowing 49% investment by foreign airlines in Indian carriers and permitting greater foreign investment in some sections of the broadcasting sector, sending out a clear message that it will not be cowed down by protests and effectively severing its relations with Trinamool Congress.

These notifications give effect to the decisions taken by the Cabinet last Friday, which have resulted in a political uproar and possibly threatened the long-term stability of the Manmohan Singh government.

Industry was quick to welcome the government's move. "...the notifications have been issued quite promptly, reflecting the government's strong commitment towards the reforms process. This will put to rest all apprehension on whether there would be any turnaround," said CII Director-General Chandrajit Banerjee.

The policy says foreign retailers can only open stores in states that have agreed to allow FDI in multi-brand retail. "The above policy is an enabling policy only," said the press note issued by the Department of Industrial Policy & Promotion.

Bar on Online Retail Trading

"State governments and Union Territories would be free to take their own decisions in regard to implementation of the policy," said the DIPP press note. The policy prohibits retail trading through e-commerce by companies with FDI engaged in multibrand retailing. This means the ban on FDI in B2C e-commerce continues, preventing Amazon and others from entering India.

The states that have agreed to allow foreign investment in multibrand retail, according to the press note, are Andhra, Assam, Delhi, Haryana, J&K, Maharashtra, Manipur, Rajasthan, Uttarakhand and the UTs like Daman & Diu and Dadra and Nagar Haveli.

The new rules stipulate that foreign retailers will have to invest a minimum of $100 million, and at least 50% of the total FDI brought in will have to be invested in backend infrastructure. They will have to source 30% of products from small industry within five years of operations, and every year subsequently.

Moreover, if a small industry crosses the $1-million investment mark in plant and machinery, purchases from it will not be counted towards the 30% mandatory sourcing requirement. If a state does not have a city with one million population, an exemption can be made.

The DIPP has also notified the relaxed rules for single-brand retail trading, allowing foreign retailers with more than 51% FDI the freedom to locally source 30% of the value of goods sold over a five-year period initially, and every year subsequently.

It also relaxed the condition that the single-brand retailer has to own the brand, allowing any one entity to retail the brand. Even FDI-funded single-brand retailers will not be allowed to sell their goods through e-commerce.

"The guidelines will allow many single-brand retail companies to come to India," said Diljeet Titus, senior partner at Titus & Co, which is working with foreign retailers looking to enter India.


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News Network
March 11,2020

New Delhi, Mar 11: A doctor in Kerala on Tuesday alleged that she was sacked by the management of the private clinic she was working with for informing authorities about a non-resident Indian (NRI) patient who reportedly declined to undergo the mandatory check for coronavirus.

Dr Shinu Syamalan said the patient had come to the clinic recently with suspected symptoms of the virus.

"When he was asked whether he had visited any foreign countries, he said he was coming from Qatar. But he had not reported to the Health department about his foreign trip," she said.

When he was directed to inform about his foreign travel to the state Health Department, which has been monitoring people coming from abroad for the virus, he refused and said he was going back to Qatar, she told reporters.

Concerned over the health of the person who had high fever, Ms Syamalan informed health and police authorities.

"Officials who let the patient go abroad do not have any problem, but I have become jobless," she posted on social media.

She alleged she was sacked by the management of the clinic for reporting the matter to police and informing the public about the incident through social media and through television.

"The argument of the management is that no one would turn up for treatment in the clinic if they come to know that it was visited by patients with suspected symptoms of Coronavirus," she said.

There was no immediate reaction from the management of the private health clinic.

Official sources said the District Medical Officer (DMO) at Thrissur has complained to the collector against Shinu Syamalan accusing her of defaming health officials.

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News Network
July 24,2020

New Delhi, Jul 24: The Delhi High Court on Friday asked the ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof ought not to be insisted upon for Covid-19 test of mentally ill homeless persons.

According to an Indian Council of Medical Research (ICMR) advisory of June 19, every person who was to be tested for Covid-19 has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said that ICMR should issue a clarification by way of a circular or an official order that the identity proof, address proof and mobile number are not required for testing mentally ill homeless persons.

The high court said a camp can be organised for testing such persons as is being done across Delhi for others.

"Guidelines have to be given by you (ICMR). You put it in black and white for the states'' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.

"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.

Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.

The high court, thereafter, listed the matter for further hearing on August 7.

The bench was hearing a PIL moved by advocate Gaurav Kumar Bansal seeking directions to ICMR and Delhi government to issue guidelines for Covid-19 testing of mentally ill homeless persons in the national capital.

Coronavirus India update: State-wise total number of confirmed cases, deaths on July 24

The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.

The bench had said to ICMR that many homeless mentally ill persons are institutionalised or in shelter homes and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for Covid-19.

In response to the court''s query, ICMR has filed an affidavit stating that the purpose behind the submission of government identity card and telephone number was to ensure proper tracking and treatment of positive cases and their contacts as ''Test/Track/Treat'' is the best strategy for control of Covid-19 pandemic. 

It further said that since health was a state subject, the concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the PIL is also addressed.

ICMR, in its affidavit, has said that it has only advised facilitating contact tracing as well as tracking of the Covid-19 infected patients.

"The modalities regarding the contact tracing as well as tracking of the Covid-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities. 

"ICMR is a research organization and the contact tracing, as well as tracking of the Covid-19 infected patients, is not under the domain of ICMR," it has said in its affidavit.

Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to Covid-19 testing of mentally ill homeless persons.

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He has said the high court had on June 9 directed it to address the grievances raised by him in another PIL with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.

He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof. 

However, nothing was done by the Delhi government, he had told the court.

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News Network
February 17,2020

New Delhi, Feb 17: Four death row convicts in the 2012 Nirbhaya gang rape and murder will be hanged on March 3 at 6 am a Delhi court said on Monday.

The Patiala House Court on Monday issued fresh death warrants against four convicts while hearing a petition by the state and Nirbhaya's parents.

Earlier, Delhi High Court on February 5 granted a week's time to the four convicts to avail of all legal remedies available to them and said that the convicts cannot be hanged separately since they were convicted for the same crime.

A Delhi Court had earlier issued a death warrant against the four convicts -- Vinay Sharma, Akshay Thakur, Pawan Gupta, and Mukesh Singh -- on January 7 and they were scheduled to be executed on January 22 at Tihar Jail. Later, the execution was suspended indefinitely by a Delhi court.

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