|
Sr
No |
Relevant Approval &
clearance |
Responsible Government
Entity |
|
1 |
Clearance of the Ministry of
Environment and Forests following consideration of the
Environment Impact Assessment and Environment Management Plan
pursuant to Sections 3(1) and 3(2) (v) of the Environment
(Projection) Act, 1985 and Rules 5(3)(a) of the Environment
(Protection) Rules, 1986 |
Ministry of Environment and
Forests |
|
2 |
Clearances from the Gol (Civil
Aviation Department) and the Director, National Airports
Authority in connection with the height of any chimneys. |
Gol (Civil Aviation
Department) / National Airports Authority |
|
3 |
Confirmations from the
Department of Economic Affairs, Ministry of Finance, the
Department of Industrial Development, Ministry of Industry, the
Department Company Affairs and the RBI, that the Company is
permitted to enter into the Financing Agreements, including the
equity participation Agreements, such confirmation to include
approval of the principal terms of the Financing Agreements and
consent to the arrangements for offshore Financing (including
the Financing Agreements), securities offering in international
markets (whether by way of private lacement or otherwise) and
the establishment of any offshore company required for the
Project. |
Gol Department of Economic
Affairs, Ministry of Finance / Gol Department of Industrial
Development, Ministry of Industry / Gol Department of Company
Affairs/RBI |
|
4 |
Consent of the RBI for the
creation of security over the assets of the Company in favour of
non-resident lenders pursuant to Sectin-9 and Section-31 of FERA
1973 and for the Company to enter into the Financing Agreements,
such consent to include approval of the principal terms thereof. |
RBI |
|
5 |
Consent of RBI for the
remittance bathe Company of principal and interest in foreign
currency to Lenders under the Financing Agreements, pursuant to
Section-9 of FERA 1973 |
RBI |
|
6 |
Consent of Gol tro the issue
of equity to Foreign investors on a repatriation basis and
Consent of RBI for the export of share certificate of the
Company to the Foreign Investors pursuant of Section-19 of FERA |
RBI |
|
7 |
Consent of RBI for the
subscription by he Foreign Investors in Shares in the Company
pursuant to Section-29 of FERA 1973 |
Gol Department of Economic
Affairs / RBI |
|
8 |
Consent of RBI to the opening
by the Company of foreign currency bank accounts pursuant to
Section-8 of FERA 1973 both inside and outside India. |
Gol Department of Economic
Affairs / RBI |
|
9 |
Consent of the Gol Ministry of
Industry, Finance and Power and subsequent consents of RBI
pursuant to :
(a) Section 28(1) and (2) and
Section 9 of FERA 1973 for the appointment by the Company of
(and payment in Foreign Currency to ) ;
> The Operator
> the Construction Contractors;
and
> foreign legal financial &
technical advisers and personnel
(b) Section-29 of FERA, 1973 for;
> The appointment of the
operators; and
> the appointment of the
Construction Contractor and
(c) Section-9 FERA 1973 for the
Company of remit payments in foreign currency to ;
> Equipment suppliers for the
purchase and / of lease of equipment; and
> insurers. |
Gol
Ministries of Industry, Finance and Power / Gol Department of
Economic Affairs/RBI
|
|
10 |
Consent of RBI for the export of
share certificates by the Company to the Investors pursuant of
Sction-19 of FERa 1973 Enforcement thereof, including liquidated
damages pursuant to Section-9 and Section-26 of FERa, 1973
|
RBI |
|
11 |
Consent of RBI pursuant to
Section-9 of FERA, 1973 for the Company to remit dividends and
capital in foreign currency of he shareholders
|
Gol
Department of Economic Affairs / RBI |
|
12 |
Consent of RBI for the provision
by the Company of guarantees and / or indemnities and the
ability of lenders and suppliers to receive payments in
enforcement thereon including liquidated damages pursuant to
Section-9 and 26 of FERA 1973.
|
Gol
Department of Economic Affairs / RBI |
|
13 |
Consent of RBI for payment to
non-resident directors of the Company
|
Gol
Department of Economic Affairs / RBI |
|
14 |
Consent of RBI for the Company to
establish and office outside India pursuant to Section-8 of FERA
1973 and to acquire immovable property to Section-25 of FERA,
1973
|
Gol
Department of Economic Affairs / RBI |
|
15 |
Approval of the Chief Engineer
Inspector for the Power Station
|
Commissioner of Electricity, Govt
of Gujarat |
|
16 |
Exemption from Section-10(15)(iv)
of the Income Tax Act 1961 in connection with the interest and
other charges payment by the company on offshore debt
|
Gol
Ministry of Finance |
|
17 |
Exemption from the Section-10(6A)
and Srction-10(6B) of the Income Tax Act 1961 in connection with
the grossing up of payments to be made by the Company to
non-resident contractors |
Gol
Ministry of Finance |
|
18 |
Exemption from the Section
205A(a) of the Companies Act for the free distribution by the
Company of accumulated reserves |
Gol
Ministry of Finance/ Department of Company Affairs |
|
19 |
Permission from the Director
General of Foreign Trade for the various imports pursuant to the
Foreign Trade (Development and Regulation) Act 1992.
|
Directorate General of Technical
Development/ Director General of Foreign Trade |
|
20 |
Consent of the Direction General
of Civil Aviaton to use and operate an airstrip and helicopter
landing pad, and use and operate a helicopter and / or other
aircraft pursuant of the Aircraft Act 1934 |
Director General of Civil
Aviation |
|
21 |
Permission from the Directorate
General of Technical Development / Director General of Foreign
Trade to import helicopters, Aircrafts, Ships or other such
vessels under the Foreign Trade (Development and Regulation)
Act, 1992 |
Directorate General of Technical
Development/Director General of Foreign Trade |
|
22 |
Consent of the Telegraph
Authority pursuant to Section-4 of the Indian Telegraph Act 1885
and Part V of the Indian Telegraph Rules 1951 for the provision
of telecommunications and satellite facilities, |
Department of Telecommunication |
|
23 |
Consent under the Factories Act
1948 relating to firefighting capability |
Government of Gujarat |
|
24 |
Consent of the Controller of
Explosives to the possession and use of explosives for the
purpose of blasting |
Controller of Explosive,
Government of Gujarat |
|
25 |
Tax confirmations and
clarification in relation to the treatment of capital gains and
offshore securities offered by the Company (and which do not
fall under Section-115 AC of the Income Tax, 1961 or any Scheme
there under) and exemptions under Section-10(15)(iv) of the
income Tax Act, 1961 in relation to any interest payable by the
Company on offshore debt securities. |
Gol
Ministry of Finance/Central Board of Direct Tax |
|
26 |
Approval for the establishment of
any offshore escrow accounts. |
RBI |
|
27 |
All consents required for the
insuring of the whole or any part of the Project with insures
and / of reinsures located outside India, such
consents to include, without
limitations
|
General Insurance Corporation/Gol
(Controller of Insurance)/ Gol Ministry of Finance/RBI |
|
28 |
A certificate form the General
Insurance Corporation or any of its subsidiaries to the effect
that such insurance or reinsurance cannot be obtained from them.
|
|
|
29 |
Consent from the Gol (Controller
of Insurance) to the effecting by the Company of such insurance
and / or reinsurance with offshore insurers and/ reinsures and
|
|
|
30 |
Consent from RBI under FERA
1973 for the taking out of insurance and / or reinsurance with
offshore insures and / or reinsures and for the payment of any
premiums thereunder.
|
|
|
31 |
Consent of RBI pursuant to
Section-9 of FERA, 1973 for the Company to Remit payments in
foreign currency to the Construction Contractor
|
|
|
32 |
Permission from the Director
General of Foreign Trade for the import of spares pursuant to
the Foreign Trade Development and Regulation Act 1992
|
Directorate General of Technical
Developments / Director General of the Foreign Trade
|
