Trade policy review report by the secretariat



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inter alia, filing fees were increased to Rs 1.5 million for Form I and Rs 5 million for Form II.

144 Ministry of Corporate Affairs, Notification No.5 63/2011-CS, 8 January 2011.

145 See, for example, CCI online information at: http://www.cci.gov.in/May2011/PressRelease/PressReleaseSuoMoto052013.pdf.

146 Ministry of Corporate Affairs (2014).

147 Department of Chemicals and Fertilizers online information. Viewed at: http://fert.nic.in/page/fertilizer-policy.

148 See WTO (2011) for details.

149 Department of Pharmaceuticals online information. Viewed at: http://pharmaceuticals.gov.in.

150 Previously, under the provisions of the Drugs (Prices Control) Order, 1995 (DPCO, 1995) prices of 74 bulk drugs and the formulations containing any of these scheduled drugs were controlled (WTO, 2011).

151 A list of CPSEs can be obtained online. Department of Public Enterprises online information: Viewed at: http://dpe.nic.in/sites/upload_files/dpe/files/survey1213/survey01/APENDIX1.pdf.

152 Department of Disinvestment online information. Viewed at: http://divest.nic.in/Nat_inves_fund.asp.

153 Nonetheless, due to the economic slowdown over 2008-09 and a recent drought, the Government decided that, between April 2009 and March 2012, proceeds would be fully used to finance social sector programmes; this was also extended by another year (April 2012-March 2013) in view of the persistent difficult economic conditions.

154 Department of Expenditure, Public Procurement Cell online information, Office Memorandum No. 10/1/2011, 30 November 2011. Viewed at: http://eprocure.gov.in/cppp/rulesandprocs.

155 DOT notification, 5 October 2012. Viewed at: http://www.dot.gov.in/sites/default/files/5-10-12.PDF.

156 Global Legal Group (2010).

157 Global Legal Group (2010).

158 Global Legal Group (2010).

159 General Financial Rules 2005.

160 Ministry of Micro, Small and Medium Enterprises, Order S.O.581(E), 23 March 2012.

161 Ministry of Micro, Small and Medium Enterprises (2012).

162 See WT/TPR/S/249/Rev.1, p. 112, fn. 336, 20 October 2011.

163 It is unclear whether "Indian" IPRs in the National Telecom Policy 2012 on pages 3, 10 and 17 refer only to IPRs granted to or generated by Indian national entities (even if filed first elsewhere) or to IPRs granted to or generated by any entity in India only. Viewed at: http://deity.gov.in/sites/upload_files/dit/files/National%20Telecom%20Policy%20(2012)%20(480%20KB).pdf)

164 Department of Industrial Policy and Promotion (2011)

165 World Intellectual Property Organization (WIPO) online information. Viewed at: http://www.wipo.int/pressroom/en/articles/2014/article_0010.html.

166 Department of Industrial Policy and Promotion (2014c).

167 See WT/TPR/S/249/Rev.1, p. 112, Table 3.29.

168 See WT/TPR/S/249/Rev.1, pp. 113-115.

169 Section 3(d):"the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant. Explanation. For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy". See: http://supremecourtofindia.nic.in/outtoday/patent.pdf for full text of this judgement.

170 Some academic research has shown that overall the rate of rejection of incremental inventions in the pharmaceutical sector is not higher than in other emerging markets or Europe (Sampat and Shadlen, 2014; and also Sampat and Amin, 2013).

171 The full text of the order of the Controller General of Patents, Designs and Trademarks is available at: http://www.ipindia.nic.in/iponew/compulsory_license_12032012.pdf.

172 See full text of IPAB Order available at: http://www.ipab.tn.nic.in/045-2013.htm.

173 Full text of the Order can be viewed at: http://courtnic.nic.in/supremecourt/temp/sc%203014514p.txt.

174 It is stated in the Annual Reports 2012-13 and 2011-12 that one such application was received during the reporting period.

175 India's patent law and rules make it mandatory for the applicant for a patent to submit a declaration under Form-1 (Application for Grant of Patent) of the Patent Rules 2003 to the effect that "the invention as disclosed in the specification uses the biological material from India and the necessary permission from the Competent Authority shall be submitted by me/us before the grant of patent to me/us."

176 The penalty may involve imprisonment for a term up to five years, or fine up to Rs 1 million. Where the damage caused exceeds Rs 1 million, such fine may commensurate with the damage caused, or with both.

177 A list of traditional knowledge patents may be viewed at: http://ipindiaservices.gov.in/publicfieldofinvention/. The traditional knowledge patents have been classified into traditional knowledge (biotechnology), traditional knowledge (chemical), and traditional knowledge (mechanical).

178 See full text available at: http://ipindia.nic.in/iponew/draft_Guidelines_CRIs_28June2013.pdf.

179 Full text of these guidelines available at: http://www.ipindia.nic.in/iponew/Guidelines_for_Examination_of_Patent_applications_Pharmaceutical_29Oct2014.pdf.

180 Fresenius Kabi Oncology Limited vs. Glaxo Group Limited ORA/17/2012/PT/KOL, Order No.162 of 2013.

181 Full text of guidelines available at: http://www.ipindia.nic.in/Whats_New/guidelines_MadridProtocol_17December2013.pdf.

182 See WT/TPR/S/249/Rev.1, paragraphs 262 to 270.

183 See Section 5.2 on on-conventional trademarks in the Manual for Trademark Practice and Procedure. Viewed at: http://ipindia.nic.in/tmr_new/TMR_Manual/DraftManual_TMR_23January2009.pdf. The authorities have clarified that India does not protect smell marks because of the difficulty in graphically representing them.

184 Philip Morris Products S.A & Anr vs. Sameer & Ors. See full text of judgement delivered on 10 March 2014. Viewed at: http://indiankanoon.org/doc/190034581/?type=print.

185 See N.R. Dongre and Others vs. Whirlpool Corporation ANR of 30 August 1996: 1996 SCR (5) SUPP 369. Full text available at: http://judis.nic.in/supremecourt/imgst.aspx?filename=19828.

186 Latest list available at: http://ipindiaservices.gov.in/tmrpublicsearch/wellknownmarks.aspx with details of the decisions/court orders.

187 Department of Industrial Policy and Promotion (2009b).

188 "Well-known trademark" means a mark that has become well known to the substantial segment of the public which uses goods or receives services that the use of such a mark.

189 See the Report on Counterfeiting, Piracy and Smuggling in India: Effects and Potential Solutions, authored by ICC, BSCAP and FICCI CASCADE. Viewed at: www.iccwbo.org.

190 The list of well-known marks is available at: http://ipindiaservices.gov.in/tmrpublicsearch/wellknownmarks.aspx.

191 See WTO document WT/TPR/S/249/Rev.1, paragraphs 271 to 277.

192 A case which discusses different aspects of novelty and functionality was decided in 2014. See Whirlpool of India Ltd. Vs. Videocon Industries Ltd. on 27 May 2014. Full text available at: http://indiankanoon.org/doc/188051985/. See also: http://spicyip.com/2012/10/novelty-of-design-tarun-sethi-v-vikas.html and Steelbird Hi-Tech India Ltd. vs. S.P.S. Gambhir and Others. Full text available at: http://lobis.nic.in/dhc/MAN/judgement/24-02-2014/MAN24022014S24072013.pdf.

193 This was upheld in Microfibres Inc. vs. Girdhar & Co., (2009 (40) PTC 519 (Del.)). Full text available at: http://indiankanoon.org/doc/112937069/.

194 This was the case in Standard Corporation India Ltd. vs. Tractors and Farm Equipment Ltd, which is analysed here at: http://spicyip.com/2014/04/standard-corporation-india-ltd-v-tractors-and-farm-equipment-ltd-the-copyright-design-conundrum.html.

195 Deloitte (2014).

196 Deloitte (2014), slide 42.

197 KPM Basheer (2014).

198 See WTO document WT/TPR/S/249/Rev.1, paragraphs 278-283.

199 Full text of the amended law can be viewed at: http://www.wipo.int/edocs/lexdocs/laws/en/in/in066en.pdf.

200 Copyright Office online information. Viewed at: http://copyright.gov.in/Documents/Copy-Right-Rules-2013.pdf.

201 Copyright Office online information. Viewed at: http://copyright.gov.in/Documents/handbook.html.

202 See WTO document WT/TPR/S/249/Rev.1, paragraphs 284-287.

203 Full list of GIs registered in India is available at: http://ipindia.nic.in/girindia/.

204 European Commission (2003).

205 APEDA AgriExchange online information. Viewed at: http://agriexchange.apeda.gov.in/product_profile/exp_f_india.aspx?categorycode=0601; and http://apeda.gov.in/agriexchange/market%20profile/one/mango.aspx.

206 The information on pending GI application is available at: http://ipindiaservices.gov.in/GirPublic/detailsGIR.aspx.

207 Ministry of Agriculture (2012).

208 See WTO document WT/TPR/S/249/Rev.1, paragraphs 284-287.

209 "Branded seed" means any seed put in a package or any other container and labelled in a manner indicating that such seed is of a variety protected under this Act.

210 Chapter VI of the Farmers' Rights Act, Section 39.

211 Out of the 834 certificates, those concerned extant varieties were 265, concerned extant varieties, 108 new varieties, and 461.

212 See a judgment of the Karnataka High Court of October 2012 in favour of a German subsidiary company. Viewed at: http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/759406/1/MFA1682-10-10-10-2012.pdf; and an analysis of this case is available at:

http://spicy-ip2.blogspot.ch/2012/10/karnataka-high-court-temporarily.html.

213 See American Express Bank Ltd. Vs. Ms Priya Puri of 24 May 2006. Full order viewed at: http://indiankanoon.org/doc/445135/.

214 See analysis of Indian trade secret law and practice. Viewed at: http://nopr.niscair.res.in/bitstream/123456789/1381/1/JIPR%2013(3)%20(2008)%20208-217.pdf; and https://www.aippi.org/download/commitees/215/GR215india.pdf.

215 Department of Chemicals and Petrochemicals (2007).

216 Embassy of the United States at New Delhi, India online information. Viewed at: http://newdelhi.usembassy.gov/iprdataprot.html.

217 International Chamber of Commerce (2013).

218 Central Board of Excise and Customs online information. See full text available at: http://www.cbec.gov.in/customs/cs-act/notifications/notfns-2k7/csnt47-2k7.htm.

219 See Rule 2(b) "intellectual property" means a copyright as defined in the Copyright Act, 1957, trade mark as defined in the Trade Marks Act,1999, patent as defined in the Patents Act, 1970, design as defined in the Designs Act, 2000 and geographical indications as defined in the Geographical Indications of Goods (Registration and Protection) Act, 1999.

1 These include the Commission for Agricultural Costs and Prices (CACP), Food Corporation of India (FCI), Central Warehousing Corporation, National Agricultural Cooperative and Marketing Federation of India (NAFED), Cotton Corporation of India (CCI), Jute Corporation of India (JCI), the Ministry of Food Processing Industries, and the Ministry of Consumer Affairs, Food, and Public Distribution. See WTO document WT/TPR/S/249/Rev.1, Table IV.2.

2 Within animals and animal products, the tariff rate on four lines is 100%.

3 See WTO (2011) for the list of designated agencies and tariff fill ratio. India's latest notification concerning tariff quotas were submitted in 2011 (WTO documents G/AG/N/IND/5 and 6, 7 March 2011).

4 Section 3 of the Foreign Trade (Development and Regulation) Act 1992 and through the issue of notifications under Section 11 of the Customs Act 1962.

5 WTO document G/STR/N/14/IND, 30 November 2012.

6 As regards non-agricultural goods, exports of crude oil and certain ores are also subject to state trading.

7 The Government has notified the subsidy at the rate of Rs 2,277 per MT, Rs 3,300 per MT, Rs 3,371 per MT for the bi-monthly period of April-May, June-July and August-September 2014, respectively.

8 WTO document G/AG/W/138, 5 February 2015.

9 See, for example, NAFED online information. Viewed at:

http://www.nafed-india.com/govt-operations.asp.

10 The Food Corporation of India (FCI) and the state agency under the Targeted Public Distribution System (TPDS) are the designated agency to distribute wheat, rice and coarse grains, the National Agricultural Cooperative Marketing Federation of India (NAFED), Central Warehousing Corporation (CWC) and National Cooperative Consumer Federation of India Ltd. (NCCF) for pulses and oilseeds, the Cotton Corporation of India and NAFED for cotton, and the Jute Corporation of India for jute.

11 Food Corporation of India (2015).

12 Based on the Sugarcane Control (Amendment) Order 2009. For FRPs for the past years, see Department of Food and Public Distribution online information. Viewed at: http://dfpd.nic.in/?q=node/10.

13 Other factors taken into account to fix the FRP include: the cost of production of sugarcane; the return that growers would have if planting alternative crops; the general trend of prices of agricultural commodities; supply of sugar to consumers at a "fair" price; price of refined sugar (made with sugarcane) at the mill; earnings made from selling by-products (e.g. molasses, bagasse, and pressed mud); and a "reasonable" profit margin for sugarcane producers to also account for risk.

14 Department of Food and Public Distribution online information. Viewed at: http://dfpd.nic.in/?q=node/101.

15 Ministry of Law and Justice (2013).

16 For an average family of five this comes to 25 kg per month, compared to 15 kg per month per household under the current TPDS. The central issue price (CIP) of goods sold under the TPDS is currently Rs 4.15 and Rs 5.65 for wheat and rice for those below the poverty line and Rs 2 and Rs 3 respectively for those under the AAY (Department of Food and Public Distribution (undated)).

17 Buffer stocks (including the strategic reserve) range from between 20 million and 30 million metric tonnes of rice and wheat together (revised recently up to 40 million metric tonnes in keeping with the requirements of the NSFA). Food Corporation of India (2015).

18 IMF (2014).

19 Food Corporation of India (2015).

20 They are: Bihar, Chandigarh, Chhattisgarh, Delhi, Haryana, Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Punjab, and Rajasthan.

21 The Planning Commission in a Report in 2005 for instance noted that around 57% of subsidized grains distributed through the PDS during 2003-04 did not reach below the poverty line beneficiaries; of this around 36% was siphoned off from the supply chain. (Planning Commission of India (2005)).

22 In this regard the report by the High Level Committee on reorienting the role and restructuring of the FCI on 19 January 2015 suggested that with leakages of between 40% and 50% in the PDS and up to 70% in some States, implementation of the NFSA in certain States should be deferred unless such provisions on identification and grievances have been put in place; the authorities maintain that these have not yet been accepted by the Government (Food Corporation of India, 2015). The report also indicates that: (i) not more than 6% of the total agricultural households in India (90.2 million) directly benefitted from the procurement of wheat and rice under MSP; and (ii) stocks have been hugely excessive, even though India has a shortage of storage capacity. The recommendations in the report have not yet been accepted by the Government.

23 WTO document G/AG/N/IND/10 and 10/Corr.1, 10 September 2014 and 1 October 2014.

24 Department of Fertilizers online information. Viewed at: http://fert.nic.in/page/policy-division-urea.

25 Planning Commission (2012).

26 See WTO (2011) for details.

27 The Agriculture Insurance Company of India Ltd. (AICI) is registered with the Insurance Regulatory and Development Authority (IRDA).

28 Ministry of Petroleum and Natural Gas (2014). The two NOCs are the Oil and Natural Gas Corporation Ltd (ONGC), and Oil India Ltd (OIL).

29 Petroleum & Natural Gas Regulatory Board online information. Viewed at: http://www.pngrb.gov.in.

30 See Ministry of Petroleum and Natural Gas online information for the details of relevant legislation. Viewed at: http://www.pngrb.gov.in.

31 Ministry of Finance (2014).

32 OECD (2014).

33 These include: (i) Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulation 2007; (ii) Central Electricity Authority (Furnishing of Statistics, Returns and Information) Regulations 2007, which specify requirements for collecting, recording the data concerning the generation, transmission, trading, distribution and utilization of electricity; (iii) Central Electricity Authority (Grid Standards) Regulation 2010; (iv) Central Electricity Authority (Measures Relating to Safety & Electric Supply) Regulations 2010; (v) Central Electricity Authority (Technical Standards for Construction of Electrical Plants and Electric Lines) Regulations 2010; (vi) Central Electricity Authority (Safety Requirements for Construction, Operation and Maintenance of Electrical Plants and Electric Lines) Regulations 2011; and (vii) Central Electricity Authority (Technical Standards for Connectivity of the Distributed Generation Resources) Regulations 2013.

34 The authorities indicate that some of the States have also privatized the distribution part, resulting in more efficient operation. However, sometimes the State Regulator is not inclined to raise the tariff.

35 For example, under the Mega Power Policy, large generation projects can obtain capital import-duty concessions, and/or the waiver of local levies to reduce costs. All inter-state projects with a capacity of 1,000 MW and above for thermal projects, and 500 MW and above for hydro projects, are treated as mega power projects.

36 International Energy Agency (2012).

37 This relates to Sections 38, 39, 40, 42, 61, 178 and 181 of the Act. In addition, Section 6 and Section 151 of the Act were amended. The amendment to Section 6 stipulates that the concerned state governments and the central government must jointly endeavour to provide access to electricity to all areas through rural electricity infrastructure and electrification of households.

38 The coal sector is highly regulated, with production dominated by two public sector enterprises.

39 Ministry of Statistics and Programme Implementation, Central Statistical Organization, Press Release dated 9 February 2015. Viewed at: http://mospi.nic.in/Mospi_New/upload/nad_press_release_9feb15.pdf.

40 OECD (2014).

41 Department of Industrial Policy and Promotion (2011).

42 Invest India online information. Viewed at: http://www.makeinindia.com.

43 Ministry of Textiles online information. Viewed at: http://www.texmin.nic.in/policy/Anx%20C-Category%20wise%20Subsidy%20Approved%20as%20on%205.3.2014.pdf.

44 Press Information Bureau online information. Viewed at: http://pib.nic.in/newsite/PrintRelease.aspx?relid=83745.

45 Ministry of Steel Order S.O.979 (3), 31 March 2014.

46 The scheme is aimed at providing modern infrastructure facilities along the value chain from farm gate to the market with backward and forward linkages. It includes creation of infrastructure for primary processing and storage near the farm in the form of primary processing centres (PPCs) and collection centres (CCs) and common facilities and enabling infrastructure at Central Processing Centre (CPC).

47 These are the north east regions including Sikkim, J&K, Himachal Pradesh, Uttarakhand and ITDP notified areas of the States.

48 Other acts governing the sector include: the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970/1980; the State Bank of India Act 1955; the State Bank of India (Subsidiary Banks) Act 1959; the State Bank of Hyderabad Act 1956; Regional Rural Banks Act 1976; the Multi State Co‑operative Societies Act 2002 and the co-operative society laws of respective states; the Negotiable Instruments Act, 1881, the Companies Act 1956; the Companies Act, 2013, the Bankers' Books Evidence Act, 1891; the Public Debt Act 1944; the Government Securities Act, 2006, the Securities Contract (Regulation) Act 1956; the Foreign Exchange Management Act 1999; and the Payment and Settlement Systems Act 2007; the Industrial Development Bank (Transfer of Undertaking and Repeal) Act 2003; the Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act 1993; the National Bank for Agriculture and Rural Development Act; the National Housing Bank Act; the Export Import Bank of India Act, 1981, Small Industries Development Bank of India Act 1989; and the Deposit Insurance and Credit Guarantee Corporation Act.

49 Other changes include: enabling banking companies to issue preference shares subject to RBI's regulatory guidelines; providing for prior approval of the RBI for acquisition of 5% or more shares or voting rights in a banking company; aligning the restriction on commission on sale of shares to issue price rather than to the paid-up value of shares; conferring power on the RBI to specify the cash reserve ratio for non-scheduled banks; establishing a depositor education and awareness fund to take over inoperative deposit accounts that have not been claimed or operated for ten years or more; conferring power on the RBI to call for information and returns from the associate enterprises of banking companies and to jointly inspect the bank with the regulators of the associate enterprises.

50 Changes include: raising the authorized capital of the nationalized banks from Rs 15 billion to Rs 30 billion; allowing the nationalized banks to issue "bonus shares" and "rights issue"; raising restrictions on voting rights to 10% for shareholders other than the central Government.

51 Ministry of Finance (2014).

52 Reserve Bank of India online information. Viewed at: http://www.rbi.org.in/scripts/NotificationUser.aspx?Id=7460&Mode=0.

53 Ministry of Corporate Affairs Notification S.O.93(E), 8 January 2013 and Notification No. 5 63/2011-CS, 8 January 2011.

54 RBI Master Circular – Basel III Capital Regulations (dated 1 July 2014, and updated periodically). Viewed at: http://www.rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=9015.

55 State Bank of India, Punjab National Bank, Bank of Baroda, Bank of India, Canara Bank, ICICI Bank Ltd., HDFC Bank Ltd., Axis Bank Ltd., Kotak Mahindra Bank Ltd., Citibank, HSBC, and Standard Chartered Bank. The aggregate total assets of the 12 banks accounted for 52.7% of the total assets of the banking system in India.

56 As of 18 November 2014, RBI has signed 22 MoUs and one Letter of Supervisory Cooperation.

57 The term "CAMELS" stands for Capital Adequacy, Asset Classification, Management, Earnings Appraisal, Liquidity, Sensitivity.

58 During 2013-14, 28 banks were supervised under the risk based model, covering 60% of assets of the Indian banking system.

59 Foreign banks that commenced banking business in India before August 2010 have an option to continue their banking business through the branch mode.

60 Including non-resident Indians and persons of Indian origin.

61 Those having minimum net worth of Rs 1 billion, CRAR of at least 10%, NPA of less than 5%, and have earned net profit continuously in the past three financial years.

62 WTO (2011).

63 Step-down subsidiaries are subsidiary companies of a company that are subsidiary of another company.

64 The "social sector" includes the "unorganized" sector, informal sector, economically vulnerable or backward classes, and other categories of persons both in rural and urban areas.

65 As per recent guidelines, District Co-operative Banks, Regional Rural Banks, individual owners of Kirana shops are among banking correspondents that can be appointed as micro-insurance agents.

66 For motor third-party cover, which is a statutory insurance cover required under the provisions of Motor Vehicles Act, the IRDA has retained the powers to determine the rates, terms and conditions.

67 WTO (2011), Table IV.7.

68 Insurance Regulatory and Development Authority (2014).

69 IRDA Notification No. IRDA/NL/NFTN/MOTP/098/03/2014, 27 March 2014. Viewed at: http://www.irda.gov.in/ADMINCMS/cms/frmGeneral_Layout.aspx?page=PageNo2247&flag=1.

70 Insurance penetration is measured as the ratio of premiums (in US$) to GDP (also in US$). Insurance density is calculated by dividing total premiums (in US$) by total population.

71 Other laws that regulate the securities sector include the Securities Contract (Regulations) Act 1956, the Depositories Act 1996, and the relevant provisions of the Companies Act 1956.

72 Ministry of Finance online information. Viewed at: http://finmin.nic.in/law/The%20Securities%20Laws%20Amendment%20Act%202014.pdf.

73 SEBI has a precedence for the recovery claim over all other claimants.

74 The authorities state that as the process of exit of stock exchanges is underway, the number of stock exchanges might change more frequently. Out of the total, the applications of 10 stock exchanges for exit is under process and one stock exchange is in the process of merger as on 24 February 2015.

75 SEBI online information. Viewed at: http://www.sebi.gov.in/sebiweb/userview/detail/2/388/No%20of%20Stock%20Exchange.

76 SEBI online information. Viewed at: http://www.sebi.gov.in/cms/sebi_data/attachdocs/1340272091708.pdf.

77 Securities and Exchange Board of India (2014).

78 SEBI online information. Viewed at: http://www.sebi.gov.in/cms/sebi_data/attachdocs/1337601524196.pdf.

79 SEBI online information. Viewed at: http://www.sebi.gov.in/cms/sebi_data/attachdocs/1358779330956.pdf.

80 SEBI online information. Viewed at: http://www.sebi.gov.in/cms/sebi_data/commondocs/RESEARCHANALYSTS-regulations_p.pdf.

81 SEBI online information. Viewed at: http://www.sebi.gov.in/cms/sebi_data/attachdocs/1411722678653.pdf.

82 SEBI online information. Viewed at: http://www.sebi.gov.in/cms/sebi_data/attachdocs/1411722495005.pdf.

83 SEBI online information. Viewed at: http://www.sebi.gov.in/cms/sebi_data/attachdocs/1389083605384.pdf. All existing FIIs and Sub-Accounts may continue to buy, sell or deal in securities under the FPI regime. All existing QFIs may continue to buy, sell or deal in securities until one year after the date of notification of the Regulation; in the meantime, these QFIs may obtain FPI registration through DDPs.

84 Instructions regarding risk-based KYC for FPIs was issued on 12 September 2013. DDPs are either an Authorized Dealer Category-1 bank authorized by the Reserve Bank of India or a Depository Participant and Custodian of Securities registered with SEBI.

85 SEBI online information. Viewed at: http://www.sebi.gov.in/cms/sebi_data/commondocs/takeovernotifi_p.pdf.

86 Department of Telecommunications online information. Viewed at:

http://www.dot.gov.in/act-rules/indian-telegraph-rule-2008.

87 The authorities consider that reports issued as per the regulation will provide information on revenues, costs, returns and capital employed in major areas of a service provider's business for regulatory purposes.

88 Department of Telecommunications (2010); and Telecom Regulatory Authority of India, Press Release No. 11/2011, 9 February 2011.

89 Telecom Disputes Settlement and Appellate Tribunal online information, "Statement of institution, disposal and pendency of cases as on 19 December 2014." Viewed at: http://www.tdsat.nic.in/Statement_of_Disposal.htm.

90 MTNL provides telecom services in Mumbai and Delhi, and BSNL covers the rest of India.

91 Fixed, mobile, and internet services, and radio paging services, leased circuit, integrated digital services network, value‑added services, telex and telegraph services, and global mobile personal communication by satellite.

92 To undertake these consultations TRAI holds public meetings or invites written comments.

93 For details, see Telecom Regulatory Authority of India online information, "Consultation Papers". Viewed at: http://www.trai.gov.in.

94 For details, see Telecom Regulatory of India online information, "Tariff Orders". Viewed at: http://www.trai.gov.in.

95 Access-facilitation charges per unit capacity per year were set for STM-1, STM-4, STM-16 and STM‑64 capacities at cable-landing stations and alternate locations, respectively.

96 Department of Telecommunications(2014).

97 Department of Telecommunications (2010).

98 Department of Telecommunications, Notification No. 20‑100/2007‑AS‑I, 1 October 2008.

99 Basic service-operators, cellular mobile service-providers, and unified access services licence‑holders or any entities that may be specified by the central Government from time to time (Indian Telegraph (Amendment) Rules 2004).

100 Department of Telecommunications (2010); and Indian Telegraph (Amendment) Rules 2004.

101 Department of Telecommunications(2014).

102 Ministry of Finance (2014).

103 Ministry of Finance (2014).

104 They are: AFS Convention (International Convention on the Control of Harmful Anti-Fouling Substances on Ships) 2001; Bunker Convention (International Convention on Civil Liability for Bunker Oil Pollution Damage) 2001; Protocol of 1996 Convention on Prevention of Marine Pollution by Dumping Waste and Other Matter (London Convention); OPRC/HNS (Protocol on Preparedness, Response and Cooperation to Pollution incidents by Hazardous and Noxious Substances) 2000; BWM Convention (International Convention for Control and Management of Ship's Ballast Water and Sediments) 2004; and Maritime Labour Convention 2006. The authorities consider that, as for the remaining 17 conventions/protocols/agreements, not all of them are relevant in the Indian context and may not require immediate action domestically.

105 An education cess (2%) and a secondary and higher education cess (1%) apply on the payable service tax. For details, see Central Board of Excise and Customs online information, "Service Tax: Service Profile". Viewed at: http://www.cbec.gov.in/cae1‑english.htm.

106 The Income Tax Act 1961, as amended on 1 April 2005.

107 Press note 1990 series No. SY-22013/7/89-SBR, 10 October 1990.

108 Information provided by the Indian authorities.

109 A major port is any port the central Government declares (by notification in the Official Gazette) or has declared (under any law in force), to be a major port (Indian Ports Act 1908). Currently, they comprise: Kolkata, Paradip, Visakhapatnam, Ennore, Chennai, Tuticorin, Cochin, New Mangalore, Mormugao, Mumbai, Jawaharlal Nehru, and Kandla.

110 The exception, Ennore port, is managed under a "landlord" port model, which separates port ownership from port operations. Ennore port is a corporatized port registered under the Companies Act 1956.

111 Ministry of Shipping online information, "Parliament Related Matter: Rajya Sabha dated 7 December 2010". Viewed at: http://shipping.gov.in/index1.asp?linkid=175&langid=1; and Ministry of Shipping (undated).

112 Ministry of Shipping online information. Viewed at: http://shipping.nic.in/writereaddata/l892s/53177698The%20MPT%20Act%201963%20(38%20of%201963).pdf.

113 Ministry of Shipping online information. Viewed at: http://shipping.nic.in/writereaddata/l892s/PortEntryRules-39326416.pdf.

114 The Major Ports Trust Act 1963 was amended by the Port Laws (Amendment) Act 1997 to constitute the TAMP (Tariff Authority for Major Ports online information. Viewed at: http://www.tariffauthority.gov.in/).

115 Ministry of Shipping online information. Viewed at: http://shipping.nic.in/index1.php?lang=1&level=1&sublinkid=114&lid=63.

116 Ministry of Shipping online information, "Policy". Viewed at: http://shipping.nic.in.

117 Under grandfathered rights, slots revert to air carriers that made significant use of their allocations during the previous season. The "use it or lose it" rule applies to mergers. An airline that is merging with another airline, takes control of the slot rights of the latter. If the slots are not used, the airline loses its user rights.

118 For details, see DGCA Air Transport Circular No. 1 of 2009, 14 March 200 (Directorate General of Civil Aviation online information, "Rules: Circulars: Air Transport". Viewed at: http://www.dgca.gov.in/).

119 DGCA Air Transport Circular No. 2 of 2009, 23 April 2009.

120 DGCA Air Transport Circular No. 2 of 2010, 19 November 2010.

121 Kacker (undated).

122 Centre for Asia Pacific Aviation (2009).

123 Government of India (2007).

124 Airports Economic Regulatory Authority of India Act 2008.

125 Centre for Asia Pacific Aviation (2009).

126 Airports Economic Regulatory Authority of India Act 2008.

127 Journeys to/from airports in the states of Assam, Meghalaya, Manipur, Mizoram, Tripura, Nagaland, Arunachal Pradesh, Sikkim and Bagdogra in West Bengal are exempt.

128 An education cess (2%) and a secondary and higher education cess (1%) apply on the payable service tax. For details, see Central Board of Excise and Customs online information, "Service Tax: Service Profile". Viewed at: http://www.cbec.gov.in/cae1‑english.htm. See also Department of Revenue, D.O.F. No. 334/03/2010‑TRU, 1 July 2010.

129 Service Tax Notification Nos. 25/2010, 22 June 2010; and 27/2010, 22 June 2010. For Service Tax Notifications, see Central Board of Excise and Customs online information. Viewed at: http://cbec.gov.in/cae1‑english.htm.

130 Business Line, "User development fee in Hyderabad airport hiked", 29 September 2010; and British Airways online information, "British Airways in India". Viewed at:

http://www.britishairways.com/travel/lcinfo/public/en_in#4.

131 An inclusive tour package is a round trip for which a consolidated price is charged for airfare, hotel accommodation, and other ground arrangement services.

132 The Montreal Convention is incorporated into the Carriage by Air (Amendment) Act 2009 (Ministry of Civil Aviation, 2009).

133 Ministry of Road Transport and Highways online information, "Roads and highways: an overview". Viewed at: http://www.morth.nic.in/writereaddata/sublinkimages/overview_NH3244795788.htm.

134 National Highways Authority of India (2010).

135 Ministry of Road Transport and Highways (2009).

136 Energy and Resources Institute (2009).

137 Advocates Act 1961. Viewed at: http://barcouncilofindia.nic.in/disk1/196125.pdf.

138 Under section 25 of the Chartered Accountants Act, a company includes any limited liability partnership that has a company as its partner.

139 An auditor must not be related to directors or associated with group companies.

140 Incredible India online information. Viewed at: http://www.incredibleindia.org/images/docs/trade-pdf/important-documents/other-important-documents/Strategic%20Action%20Plan.pdf.

141 Incredible India online information. Viewed at: http://www.incredibleindia.org/images/docs/trade-pdf/guidelines/revised-guidelines-for-W-&-M.pdf.

142 11 of them have already expired.

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