valid as on 29/10/2020

Regulation 41 - Minimum offer to public
Effective from 26-08-2009


(1) Subject to the provisions of sub-clause (b) of clause (2) of rule 19 of Securities Contracts
(Regulations) Rules, 1957, the net offer to public:

(a) in case of an initial public offer, shall be at least ten per cent. or twenty five per cent. of the post-issue capital, as the case may be; and

(b) in case of a further public offer, shall be at least ten per cent. or twenty five per cent. of the issue size, as the case may be.

(2) Nothing contained in sub- regulation (1) shall apply if the issuer is:

(a) a government company or statutory authority or corporation or any special purpose vehicle set up and controlled by any one or more of them, which is engaged in infrastructure sector;

(b) an infrastructure company fulfilling the following conditions:

(i) its project has been appraised by one or more public financial institutions;

(ii) not less than fifty per cent. of the project cost is financed by one or more such
institutions, jointly or severally, by way of loan or subscription to equity shares or a combination of both, irrespective of whether they appraise the project or not.

Explanation: For the purpose of this regulation:

(I) The term “infrastructure company” means, an enterprise wholly engaged in the business of (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining any infrastructure facility;

(II) The term “infrastructure sector” includes the facilities or services as specified in .

Substituted vide SEBI (Issue of Capital and Disclosure Requirements) (Second Amendment) Regulations, 2014 w.e.f. 25.08.2014. To view the notification,Click Here
To view the schedule,Click Here

SEBI (Issue of Capital and Disclosure Requirements) (Second Amendment) Regulations, 2014 w.e.f. 25.08.2014


ICDR – Schedule X

[See Explanation to regulations 26(6), 31, 33(1)(b) and 41(2)(b)]
FACILITIES OR SERVICES INCLUDED IN THE TERM ―INFRASTRUCTURE
SECTOR

For the purposes of these regulations, the expression ―infrastructure sector shall include the following facilities/services:

(1) Transportation (including inter modal transportation), including the following:

(a) Roads, national highways, state highways, major district roads, other district roads and village roads, including toll roads, bridges, highways, road transport providers and other road-related services;

(b) Rail system, rail transport providers, metro rail roads and other railway related services;

(c) Ports (including minor ports and harbours), inland waterways, coastal shipping including shipping lines and other port related services;

(d) Aviation, including airports, heliports, airlines and other airport related services;

(e) Logistics services;

(2) Agriculture, including the following:

(a) Infrastructure related to storage facilities;
(b) Construction relating to projects involving agro-processing and supply of inputs to
agriculture;
(c) Construction for preservation and storage of processed agro-products, perishable goods such as fruits, vegetables and flowers including testing facilities for quality;

(3) Water management, including the following:

(a) Water supply or distribution;
(b) Irrigation;
(c) Water treatment, etc.

(4) Telecommunication, including the following:

(a) Basic or cellular, including radio paging;
(b) Domestic satellite service (i.e., satellite owned and operated by an Indian company for providing telecommunication service);
(c) Network of trunking, broadband network and internet services;

(5) Industrial, Commercial and Social development and maintenance, including the following:

(a) Real estate development, including an industrial park or special economic zone;
(b) Tourism, including hotels, convention centres and entertainment centres;
(c) Public markets and buildings, trade fair, convention, exhibition, cultural centres, sports and recreation infrastructure, public gardens and parks;
(d) Construction of educational institutions and hospitals;
(e) Other urban development, including solid waste management systems, sanitation and sewerage systems, etc.;

(6) Power, including the following:

(a) Generation of power through thermal, hydro, nuclear, fossil fuel, wind and other
renewable sources;
(b) Transmission ,distribution or trading of power by laying a network of new transmission or distribution lines;

(7) Petroleum and natural gas, including the following:

(a) Exploration and production;
(b) Import terminals;
(c) Liquefaction and re-gasification;
(d) Storage terminals;
(e) Transmission networks and distribution networks including city gas infrastructure;

(8) Housing, including the following:

(a) Urban and rural housing including public / mass housing, slum rehabilitation etc;
(b) Other allied activities such as drainage, lighting, laying of roads, sanitation facilities etc.;

(9) Services provided by recognised stock exchanges and registered depositories, in relation to securities

(10) Other miscellaneous facilities/services, including the following:

(c) Mining and related activities;
(d) Technology related infrastructure;
(e) Manufacturing of components and materials or any other utilities or facilities required by the infrastructure sector like energy saving devices and metering devices, etc;
(f) Environment related infrastructure;
(g) Disaster management services;
(h) Preservation of monuments and icons;
(i) Emergency services (including medical, police, fire, and rescue);

(11) Such other facility/service which, in the opinion of the Board, constitutes infrastructure sector.


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