India’s Retail FDI Policy
The Window of
Opportunity
Couple of Retail Basics
• Retail?
• Modern Trade – Traditional Retail? E-commerce?
• Market share?
MT is less than 10% of total retail sales in India: Industry estimates
Online is 1.6% of retail sales in India: World Bank, Dec 2019
Policy Timeline
• Pre-1991 (Pre-liberalization) – Kirana stores, PDS (Fair Price Shops), Cooperative
stores (Government’s chains in 60’s – 70’s)
• Early 1990s (Liberalization era) –
FIPB set up for processing FDI proposals, make recommendations to Government
(abolished in 2017)
DIPP in 1995 for increasing FDI flows in the country (renamed Department for
Promotion of Industry and Internal Trade – DPIIT in 2019) for promotion of retail trade,
welfare of traders and their employees, facilitating ease of doing business and start-
ups, on a request by Confederation of All India Traders - CAIT
• 1997 – FDI upto 100% allowed under the automatic route in Cash and Carry Wholesale
Trading
FDI Policy Timeline
• 2006 (A Policy Milestone)
SBRT – 51% FDI through FIPB route, MBRT – No FDI… APMC Act
• 2012 (A Policy Turning Point)
SBRT – 100% FDI, MBRT – 51% FDI through FIPB route, B2B e-commerce – 100% FDI
automatic route
Clauses for MBRT :
Minimum amount to be brought in by foreign investor would be USD 100 million
At least 50% to be invested in back-end infrastructure within three years of induction of FDI
Minimum 30% of the procurement/sourcing of manufactured/processed products from Small Scale
Industries (units with gross value of investment in Plant & Machinery not exceeding USD 1 million)
Decision to permit setting up of retail outlets left to the State Governments
Outlets may be set up in cities with population of more than 1 million (as per 2011 census)
E-commerce retail trading in any form would not be permissible for companies with FDI in MBRT
FDI Policy Timeline
• 2015 – RAI filed a WRIT petition against the Union of India for removal of MBRT
FDI restrictions imposed on physical-store retailers
• 2016 (Guidelines for FDI in e-commerce) –100% FDI under automatic route in
marketplace model of e-commerce, FDI not permitted in inventory-based
model of e-commerce:
E-commerce entity providing marketplace will not exercise ownership of the inventory
Will not permit more than 25% of sales through its marketplace from one vendor or their group
companies
Will not directly/indirectly influence the sale price of goods and services, shall maintain level
playing field
May provide support services to sellers like warehousing, logistics, order fulfillment, call centre,
payment collection and other services
Post-sales delivery of goods to customers, customer satisfaction will be the responsibility of the
seller
FDI Policy Timeline
• 2018 (Fresh regulations – implemented from Feb 2019)
Marketplace sellers cannot buy more than 25% from a single vendor
Marketplaces will not directly or indirectly give discounts on products
Entities in which there is equity participation by the marketplace entity
cannot sell their products on the platform run by the marketplace
Marketplace entity will not mandate any seller to sell any product
exclusively on its platform only
Marketplaces will have to submit a compliance report to the Reserve
Bank of India (RBI) by 30 September every year.
THANK YOU