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Chanchal Chanani

Chanchal Chanani (Querist)
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06 June 2012 is trading in seeds considered as agricultural business

Ca Anand Dubey

Ca Anand Dubey (Expert)
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06 June 2012 Trading of seeds or any product is a trading business . As per FEMA fdi in agricultural and plantation activity is restricted . Seeds are important component in agriculture and can effect agricultural activity although only selling and purchasing of seeds is not an agricultural activity

Ajay Mishra

Ajay Mishra (Expert)
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06 June 2012 Hi

As per FDI Policy issued by DIPP the following is permitted with 100% under Automatic Approval Route:

6.2.1 Agriculture & Animal Husbandry

a) Floriculture, Horticulture, Apiculture and Cultivation of Vegetables & Mushrooms under controlled conditions;
b) Development and production of Seeds and planting material;
c) Animal Husbandry (including breeding of dogs), Pisciculture, Aquaculture, under controlled conditions; and
d) services related to agro and allied sectors
Note: Besides the above, FDI is not allowed in any other agricultural sector/activity.

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Ajay Mishra

Ajay Mishra (Expert)
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06 June 2012

6.2.1.1 Other conditions:

I. For companies dealing with development of transgenic seeds/vegetables, the following conditions apply:
(i) When dealing with genetically modified seeds or planting material the company shall comply with safety requirements in accordance with laws enacted under the Environment (Protection) Act on the genetically modified organisms.
(ii) Any import of genetically modified materials if required shall be subject to the conditions laid down vide Notifications issued under Foreign Trade (Development and Regulation) Act, 1992.
(iii) The company shall comply with any other Law, Regulation or Policy governing genetically modified material in force from time to time.
(iv) Undertaking of business activities involving the use of genetically engineered cells and material shall be subject to the receipt of approvals fromGenetic Engineering Approval Committee (GEAC) and Review Committee on Genetic Manipulation (RCGM).
(v) Import of materials shall be in accordance with National Seeds Policy.
II. The term ―under controlled conditions‖ covers the following:
 ‗Cultivation under controlled conditions‘ for the categories of Floriculture, Horticulture, Cultivation of vegetables and Mushrooms is the practice of cultivation wherein rainfall, temperature, solar radiation, air humidity and culture medium are controlled artificially. Control in these parameters may be effected through protected cultivation under green houses, net houses, poly houses or any other improved infrastructure facilities where micro-climatic conditions are regulated anthropogenically.
 In case of Animal Husbandry, scope of the term ‗under controlled conditions‘ covers –
o Rearing of animals under intensive farming systems with stall-feeding. Intensive farming system will require climate systems (ventilation, temperature/humidity management), health care and nutrition, herd registering/pedigree recording, use of machinery, waste management systems.
o Poultry breeding farms and hatcheries where micro-climate is controlled through advanced technologies like incubators, ventilation systems etc.
 In the case of pisciculture and aquaculture, scope of the term ‗under controlled conditions‘ covers –
o Aquariums
o Hatcheries where eggs are artificially fertilized and fry are hatched and incubated in an enclosed environment with artificial climate control.
 In the case of apiculture, scope of the term ‗under controlledconditions‘ covers –
o Prodution of honey by bee-keeping, except in forest/wild, in designated spaces with control of temperatures and climatic factors like humidity and artificial feeding during lean seasons.

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