In this article Perry4Law and Perry4Law Techno Legal Base (PTLB) would discuss the FDI in Industrial Parks sector of India under consolidated FDI policy of India 2012. FDI in industrial parks, new and existing, is allowed upto 100% through automatic route.
(i) Industrial Park is a project in which quality infrastructure in the form of plots of developed land or built up space or a combination with common facilities, is developed and made available to all the allottee units for the purposes of industrial activity.
(ii) Infrastructure refers to facilities required for functioning of units located in the Industrial Park and includes roads (including approach roads), water supply and sewerage, common effluent treatment facility, telecom network, generation and distribution of power, air conditioning.
(iii) Common Facilities refer to the facilities available for all the units located in the industrial park, and include facilities of power, roads (including approach roads), water supply and sewerage, common effluent treatment, common testing, telecom services, air conditioning, common facility buildings, industrial canteens, convention/conference halls, parking, travel desks, security service, first aid center, ambulance and other safety services, training facilities and such other facilities meant for common use of the units located in the Industrial Park.
(iv) Allocable area in the Industrial Park means-
(a) In the case of plots of developed land- the net site area available for allocation to the units, excluding the area for common facilities.
(b) In the case of built up space- the floor area and built up space utilized for providing common facilities.
(c) In the case of a combination of developed land and built-up space- the net site and floor area available for allocation to the units excluding the site area and built up space utilized for providing common facilities.
(v) Industrial Activity means manufacturing; electricity; gas and water supply; post and telecommunications; software publishing, consultancy and supply; data processing, database activities and distribution of electronic content; other computer related activities; basic and applied R&D on bio-technology, pharmaceutical sciences/life sciences, natural sciences and engineering; business and management consultancy activities; and architectural, engineering and other technical activities.
FDI in Industrial Parks would not be subject to the conditionalities applicable for construction development projects etc. provided the Industrial Parks meet with the under-mentioned conditions:
(i) It would comprise of a minimum of 10 units and no single unit shall occupy more than 50% of the allocable area;
(ii) The minimum percentage of the area to be allocated for industrial activity shall not be less than 66% of the total allocable area.