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    Oil and Gas IndustrySubmitted to:-

    Dr. A.K. Sharma

    Submitted By:-

    Divye Garg (10810023)

    Rahul Agarwal (10810047)Rishi Arora (10810051)

    Sudeep Dakua (10810061)

    Udit Gupta (10810065)

    Varun Thirani (10810070)

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    Contents

    Why we chose Oil and Gas Industry? Profile of Oil and Gas Industry

    Age of Oil and Gas Industry

    Growth of Oil and Gas Industry

    Companies and their Market Share Current Import and Export Scenario

    Level of Competition

    Flow of Foreign Investments Government Policies and Regulation

    Legal Aspects

    Taxation

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    WHY WE CHOSE OIL AND GAS

    INDUSTRY?

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    Why Oil and Gas Industry?

    The Indian oil and gas sector is one of the six

    core industries in India.

    The Indian oil and gas sector is of strategic

    importance and plays a predominantly pivotal

    role in influencing decisions in all other

    spheres of the economy.

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    PROFILE OF OIL AND GAS

    INDUSTRY

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    About Oil and Gas Industry

    India has total reserves (proved & indicated) of

    1201 million metric tonnes of crude oil and1437

    billion cubic metres of natural gas as on 1.4.2010.

    The total number of exploratory and

    development wells and metreage drilled in

    onshore and offshore areas during 2009-10 was428 and 1019 thousand metres respectively.

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    About Oil and Gas Industry

    Crude oil production during 2009-10 at 33.69 millionmetric tonnes is 0.55% higher than 33.51 million metrictonnes produced during 2008-09.

    Gross Production of Natural Gas in the country at 47.51billion cubic metres during 2009-10 is 44.63% higherthan the production of 32.85 billion cubic metresduring 2008-09.

    The refining capacity in the country increased to184.386 million tonnes per annum (MTPA) as on1.4.2010 from 177.968 MTPA as on 1.4.2009.

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    Indias Oil and Gas Reserves

    Sedimentary Area

    3.14 Million Sq. Km (four per cent of the worlds

    sedimentary area)

    Sedimentary Basins

    26 ( Exploration initiated in 15 )

    Prognosticated Resources (O+OEG)

    205 Billion Barrels (For 15 Basins only; needs

    up-gradation)

    Established reserves65 Billion Barrels (as of April 1,2008)

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    AGE OF THE OIL AND GAS

    INDUSTRY

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    History of Oil & Gas Industry in India

    Oil struck at Makum near Margherita in Assam in 1867 First commercial oil discovery in Digboi in 1889

    Systematic E&P in 1899 after Assam Oil Company formed

    1947 Indias domestic oil production just 250,000 tonnes per

    annum 1954 IPR - petroleum to be core sector

    1955 ONGC set up

    1958 - First Gas & Oil pool discovered in Jwalamukhi (Punjab)

    and Cambay. Oil India Limited (OIL) was set up

    Discovery of giant Bombay High field in 1974 Western

    offshore highest producer

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    History of Oil & Gas Industry in India

    1991 Liberalized petroleum exploitation and exploration

    policy

    1991-1994 4th, 5th, 6th, 7th and 8th Rounds of exploration

    bidding

    1999 - New Exploration Licensing Policy (NELP)

    2000 NELP II

    2002 NELP III

    2003 NELP IV 2004 NELP V

    2006 NELP VI

    2007 NELP VII

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    GROWTH OF OIL AND GAS

    INDUSTRY

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    Growth of Oil and Gas Industry in India

    Total Oil production has been increasing over

    the last 30 years.

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    Growth of Oil and Gas Industry in

    India (Contd.)

    Total Oil Consumption has also been

    increasing linearly over the last 30 years.

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    Growth of Oil and Gas Industry in

    India (Contd.)

    Total Natural Gas production has been increasing over

    the last 30 years. In last few years there has been a

    quantum jump.

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    Growth of Oil and Gas Industry in

    India (Contd.)

    Total Natural gas consumption has also been

    increasing over the last 30 years.

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    COMPANIES IN OIL AND GAS

    INDUSTRY AND THEIR MARKET SHARE

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    Structure of Oil and Gas Industry

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    Market Share of Oil and Gas

    Companies

    28%

    22%20%

    18%

    11%

    1%

    Market Share of Oil and Gas Companies

    IOCL

    ONGC

    Reliance

    HPCL

    BPCLOthers (GAIL, OIL)

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    CURRENT IMPORT AND EXPORT

    SCENARIO

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    Import and Export of Crude Oil and

    Petroleum Products

    During the FY 2009-10, imports of crude oil were 159.25MMT valued at Rs. 375378 crores. Imports of crude oilduring 2008-09 was 132.27 MMT valued at Rs. 348288crores. This marked an increase of 20.39 per cent during

    2009-10 in quantity terms and 7.07 per cent in value terms.

    During the financial year 2009-10, exports of petroleumproducts in quantity terms is 50.97 MMT valued at Rs.144037 crores marking an increase of 15.9 per cent in value

    terms compared to 2008-09.

    Imports of petroleum products and crude oil are more thanthe exports and there is trade imbalance.

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    Imports of Oil and Gas for last 5 years

    0

    50000

    100000

    150000

    200000

    250000

    300000

    350000

    400000

    2006 2007 2008 2009 2010

    Growth of Imports of Oil and Gas

    (Rs. Crores)

    Crude Oil

    Petroleum products

    Natural Gas

    Imports of Petroleum Products have been rising

    over the years. Majorly, India imports crude oil.

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    Exports of Oil and Gas for last 5 years

    Exports of Petroleum Products have been rising overthe years. India does not export crude oil and naturalgas

    0

    20000

    40000

    60000

    80000

    100000

    120000

    140000

    160000

    2006 2007 2008 2009 2010

    Growth of Exports of Oil and Gas

    (Rs. Crores)

    Crude Oil

    Petroleum products

    Natural Gas

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    LEVEL OF COMPETITION IN OIL

    AND GAS INDUSTRY

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    Level of Competition

    Level of competition generally refers to the life

    cycle of the Indian Petroleum and Gas

    Industry.

    Out of four stages, namely initiation, growth,

    maturity and stagnation, Indian Oil and

    natural Gas Industry is in its growing phase.

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    Level of Competition (Contd.)

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    FLOW OF FOREIGN INVESTMENTS

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    FDI Policy

    The present policy on FDI in the Petroleum & Natural Gassector vide Press Note No 5 (2008) permits FDI up to 100%under the automatic route in all activities other thanrefining and including market study and formulation,investment/financing, setting up infrastructure formarketing in Petroleum and Natural Gas Sector subject tosectoral policy.

    In Refining, FDI up to 49% in case of Public SectorUndertakings, without involving any divestment or dilution

    of domestic equity in existing public sector undertakingsthrough Foreign Investment Promotion Board (FIPB) andFDI up to 100% is permitted in case of Private companiesunder Automatic route subject to sectoral policy.

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    Private & Foreign Investments are on

    the rise

    Many Indian private sector players (RIL, PetroNet,Essar, etc)

    Under seven rounds of NELP, 212 blocks were

    awarded, of which 56 blocks went to privatecompanies & JVs

    International players and approx. investments inIndia: Cairn Energy Plc over US$ one billion,

    British Gas - over US$ 800 million, Shell - US$ 650million, BP - US$ 444 million

    Other global players with India operations - Total,Exxon Mobil, Gaz De France, and Chevron

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    Private & Foreign Investments are on

    the rise (Contd.)

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    GOVERNMENT POLICIES AND

    REGULATIONS

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    POLICIES AND REGULATIONS

    The Petroleum Act to control issues relating to import, transport,storage, production, refining and blending of petroleum wasalready in place since 1934.

    Further, the Oil Fields (Regulation and Development) Act, 1948 andthe Petroleum and Natural Gas Rules, 1959 provided regulatory

    framework for domestic exploration and production of Oil & Gas.

    Hydrocarbon Vision

    The Hydrocarbons Vision 2025 lays down the framework which

    would guide the policies relating to the hydrocarbons sector for thenext 25 years. Issues such as E&P, refining, marketing, externalpolicy, oil security, tariff and pricing, and restructuring anddisinvestment are addressed.

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    NELP

    (New Exploration Licensing Policy) Prior to the NELP, the Oil fields (Regulation and Development) Act, 1948 and

    Petroleum and Natural gas Rules, 1958 regulated the issue of license and PSU's.

    ONGC and OIL were the only public sector companies involved in exploration and

    production till 1997 while IOCL was the primary entity concerned with refining and

    processing oil after extraction.

    Main features include- Discovery or production bonus by the bidder; income tax holiday for seven years

    from the start of commercial production

    - No customs duty on imports

    - Freedom to the contractor for marketing of oil and gas in the domestic market

    of commercial production. Eight rounds of NELP have been completed till now and the Ninth Round has

    recently started in 2010.

    Two major discoveries as production by Reliance Industries' (RIL) KG-D6 basin and

    crude oil production in Barmer (Rajasthan) by Cairn India are the result of NELP

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    Policy for Change in Price of

    Petroleum Products In line with the recommendations of a High Level Expert

    Group headed by Dr. Kirit Parikh the Government hasdecided that the pricing of petrol and diesel, both at therefinery gate and the retail level, will be market-determined.

    It has also been decided that in case of a high rise andvolatility in international oil prices, Government willintervene in the pricing of petrol and diesel.

    In view of the importance of the household fuels, namelyPDS Kerosene and Domestic LPG, the Government hasdecided that the subsidies on these products will becontinued.

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    The PDS Kerosene and Domestic LPG Subsidy Scheme 2002

    and the Freight Subsidy scheme, 2002 have been extended till

    31.03.2014. However, in order to reduce under recoveries, ithas decided to increase the retail price of PDS Kerosene by

    Rs.3/litre and of domestic LPG by Rs.35/cylinder.

    Directorate General of HydrocarbonThe DGH was established under the administrative control of

    Ministry of Petroleum & Natural Gas by Government of India

    Resolution in 1993 to promote sound management of the

    Indian petroleum and natural gas resources having balanced

    regard to the environment, safety, technological and

    economic aspects of the petroleum activity and to review the

    exploration programmes of companies and advise the

    Government on the adequacy of these programmes

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    Regulatory Bodies

    Petroleum and Natural Gas Regulatory Board

    The Petroleum and Natural Gas Regulatory Board Act, 2006

    was enacted in April, 2006. Consequently, Government has

    set up in October, 2007, the Petroleum and Natural Gas

    Regulatory Board (PNGRB) to regulate the refining,processing, storage, transportation, distribution, marketing

    and sale of petroleum, petroleum products and natural gas,

    excluding production of crude oil and natural gas.

    Section 11 and 12 of the PNGRB Act, 2006 states the functions

    and powers

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    Policy for Development of Natural

    Gas Pipelines The natural gas sector is at the threshold of rapid growth.

    With increased exploration efforts under NELP, large scalediscoveries of gas in the East Coast there is an imminentneed to provide a policy framework for the growth of thepipeline infrastructure with a view to facilitate the

    evolvement of a nation-wide gas grid and the growth of cityor local gas distribution networks.

    The objective of the policy is to promote investment frompublic as well as private sector in natural gas pipelines, tofacilitate open access for all players to the pipeline,promote competition among entities, and secure theconsumer interest in terms of gas availability andreasonable tariff for natural gas pipelines and city or localnatural gas distribution networks.

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    LEGAL ASPECTS OF OIL AND GAS

    INDUSTRY

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    Legal Aspects Of Oil And Gas Industry

    Oil and Gas sector is divided into 3 parts Upstream

    Midstream

    Downstream

    Upstream Sector

    The upstream sector is also known as the Exploration andProduction of Oil and Gas. following are the laws which are directlyrelated to the upstream sector.

    Constitution of India Jurisdiction to regulate oilfields vested withCentral Government CoI: Entry 53 of List I "Regulation anddevelopment of oilfields and mineral oil resources; petroleum andpetroleum products CoI: Entry 25 of List II "Gas and Gas Works.

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    MidstreamThe midstream industry processes, stores, markets and transportscommodities such as crude oil, natural gas, natural gas liquids(LNGs, mainly ethane, propane and butane) and sulphur. Generallymidstream is clubbed with downstream industry.

    Downstream

    The downstream sector includes oil refineries, petrochemicalplants, petroleum product distribution, retail outlets and naturalgas distribution companies.

    The total refinery crude throughput during 2009-10 at 160.03million metric tonnes is 0.46% lower than 160.77 million metrictonnes crude processed in 2008-09 and the prorate capacityutilization in 2009-10 was 89.92% as compared to 107.43% in 2008-09.

    Legal Aspects Of Oil And Gas Industry

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    Oilfields (Regulation and Development) Act, 1948 Basic enabling statute for licensing and leasing of petroleum

    and gas blocks by the appropriate government. Covers

    mineral oils which are defined as including natural gas and

    petroleum [S.3(c)]. Mining lease is defined exhaustively tocover all forms of exploring and exploiting mineral oils and all

    purposes connected thereto [S.3(d)]

    Empowers central government to make rules with regard to

    mining leases [S.5] Also empowers central government to make rules for the

    development of mineral oil

    Legal Aspects Of Oil And Gas Industry

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    Petroleum and Natural Gas Rules, 1959 Rules provide framework for grant of exploration licenses and

    mining leases

    Salient features of the Rules :

    Prohibition on prospecting and mining except under a license or

    lease granted under the rules [Rule 4]

    Central Government has the power to grant licenses or leases in

    respect of any land vested with it or minerals underlying the ocean

    within the territorial waters or the continental shelf [Rule 5(i)]

    State government has power to grant license or lease over landsvested with it [Rule 5(ii)]

    Person obtaining exploration license obtains the exclusive right to a

    lease for producing (i.e. extracting) oil/gas over any part of area

    covered in license

    Legal Aspects Of Oil And Gas Industry

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    Land acquisition Act, 1894 The law deals with the acquisition of land for Public purpose. The Act is a

    general Act which deals with the procedure and the conditions under

    which a land can be acquired.

    The only requirement is that the land can only be acquired for public

    purpose as per Section 3(f) of the Act.

    The Petroleum Act, 1934

    The act deals with import, transport, storage, production, refining, and

    blending of petroleum. The Act is one of the oldest acts in the oil and gassector. Earlier to this act the rules regarding the above specified activities

    were separate for separate States.

    The Petroleum Minerals Pipelines (Acquisition of Right of users in Land)

    Act, 1962

    Legal Aspects Of Oil And Gas Industry

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    TAXATION

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    Petroleum Product Pricing Taxation

    comparisonsIn April 2002 India abolished the

    Administrative Pricing Mechanism (APM)

    controlling the domestic price of petroleumproducts in India. Under the APM, product

    prices were directly administered by Indias

    Central Government based on an opaque and

    complex cost of operating capital plus formula.

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    Effect of Taxation and Subsidies: A

    Comparison

    The effect of lower product prices than inputprices - a large effective subsidy has been theincreasing accumulation of under-recoveriesby OMCs. Under-Recoveries represent thedifference between the trade-parity cost ofRefined product paid by OMCs and their

    realised change frequently depending on anumber of factors.

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    Taxes paid by Oil and Gas Industry over

    the years(Rs. Billion) 2006 2007 2008 2009 2010

    Royalty from Crude Oil 50.67 58.57 65.44 71.55 NA

    Royalty from Gas 8.637 10.75 14.87 16.24 NA

    Oil Development Cess 51.96 71.77 71.56 68.86 65.59

    Excise and Customs

    Duties631.43 718.93 783.73 705.57 717.67

    Sales Tax 459.34 539.49 564.45 633.49 649.99

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    The Indian oil and gas sector is one of the six coreindustries in India and has very significant forwardlinkages with the entire economy. Government hastaken many steps to regulate it. The Steps are alsotaken to increase the Indigenous oil and gas reserves.

    Although there are few loopholes which should betaken care of as soon as possible, one majordrawback in the E&P sector is that the Regulatory

    Body (DGH) does not have any statutory value. Thedecisions of the DGH are merely advisory in natureand the Government is not to follow them.

    Conclusion

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    References

    Ministry of Petroleum and Natural Gas

    Website.

    Ministry of Trade and Commerce Website.

    Ministry of External Affairs Website.

    India Brand Equity Forum (IBEF) Website.

    Wikipedia.

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    THANK YOU