Académique Documents
Professionnel Documents
Culture Documents
A-H
A Abuse of Dominance
This is a widely known term and has been explicitly incorporated in
competition legislation of various countries. It refers to an anticompetitive
business practice in which a dominant firm may engage in order to maintain
or strengthen its position in the market. Such business practices by the firm
may be considered restricting competition in the market. The different types
of business practices that are considered as being abusive vary across
countries as well as on a case by case basis. The business practices which
have been contested in actual cases in different countries, not always with
legal success, have included the following but not limited to: charging
unreasonable or excess prices, price discrimination, predatory pricing, price
squeezing by integrated firms, refusal to deal/sell, tied selling or product
bundling and pre-emption of facilities.
As part of liberalization and on recommendation of high powered Raghvan
Committee, the Competition Act, 2002 was enacted in India. Before the
commencement of the 2002 Act, this phrase was not relevant in Indian
context. Now, abuse of dominance is covered under section 4 of the
Competition Act, 2002. in India, which has come into force from May 20,
2009. Abuse of dominance in Indian law has similar meaning as in other
competition legislations. The said provision is applicable to all enterprises
including public sector enterprises and Government. The said Act vests
power in Competition Commission of India to investigate and inquire into
instances of abuse of dominance and correct/penalize enterprise behaviour
and help establish a competitive market. Commission has started receiving
many cases relating to various aspects of abuse of dominance.
Abuse is stated to occur when an enterprise or a group of enterprises uses
its dominant position (As per Competition Act 2002, dominant position is
position of strength enjoyed by an enterprise in a relevant market, which
enables it to operate independently of competitive forces prevailing in the
relevant market; or affect its competitors or consumers or the relevant market
in its favour) in the relevant market in an exclusionary or/and an exploitative
manner. Such practices shall constitute abuse only when adopted by an
enterprise enjoying dominant position in the relevant market in India.
Agricultural Census
Agricultural Census, which is conducted every five years in India. It is the
largest countrywide statistical operation undertaken by Ministry of
Agriculture, for collection of data on structure of operational holdings by
different size classes and social groups. Primary ( fresh data) and secondary
(already published) data on structure of Indian agriculture are collected
under this operation with the help of State Governments. The first
Agricultural Census in the country was conducted with reference year 197071.
Agricultural Census is carried out as a Central Sector Scheme under which
100% financial assistance is provided to States/Union Territoriess.
Agricultural Census operation is carried out in three phases.
During Phase-I, a list of all holdings with data on area, gender and social
group of the holder is prepared with the help of listing schedule. During
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Phase-II detailed data on tenancy, land use, irrigation status, area under
different crops (irrigated and un-irrigated) are collected in holding schedule.
Phase-III, which is called as Input Survey, relates to collection of data of
input use across various crops, States and size groups of holdings, in
addition to data on agriculture credit, implements and machinery, livestock
and seeds.
Eighth Agricultural Census with reference year 2005-06 and seventh Input
Survey 2006-07 have been undertaken in the country. The results of
Agricultural Census 1995-96 & 2000-01, Input Survey 1996-97 & 2001-02
and various reports of Census are available at http://agcensus.nic.in. Data
base for Agricultural Censuses from 1995-96 to 2005-06 may be accessed
athttp://agcensus.dacnet.nic.in/nationalholdingtype.aspx.
Agricultural Labourers
A person who works on another person's land for wages in money or kind or
share is regarded as an agricultural labourer. She or he has no risk in the
cultivation, but merely works on another person's land for wages. An
agricultural labourer has no right of lease or contract on land on which
she/he works.
Agricultural
Marketing
(AGMARKNET)
Information
Network
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Prices and Arrivals (Daily Max, Min, Modal, MSP; Weekly/ monthly
prices/arrivals trends; Future prices from 3 National commodity
exchanges)
Grades and Standards
Research Studies
Schemes of
Infrastructure
DMI
for
strengthening
connectivity,
Agricultural
market
Marketing
Rice region: This extends from the eastern part to include a very
large part o the north-eastern and south-eastern India with another strip
along the western coast.
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Plantation crops region: In Assam and the hills of Southern India tea is
produced. Coffee is produced in the hills of the western peninsular India.
Rubber is grown in Kerala and some of the North-Eastern States like
Tripura. Spices grown in Kerala, parts of Karnataka and Tamil Nadu.
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Types of AIFs
AIFs are categorized into the following three categories, based on their
impact on the economy and the regulatory regime intended for them:
Category I AIF are those AIFs with positive spillover effects on the
economy, for which certain incentives or concessions might be
considered by SEBI or Government of India; Such funds generally
invests in start-ups or early stage ventures or social ventures or
SMEs or infrastructure or other sectors or areas which the
government or regulators consider as socially or economically
desirable. They cannot engage in any leverage except for meeting
temporary funding requirements for not more than thirty days, on
not more than four occasions in a year and not more than ten
percent of the corpus.eg. Venture Capital Funds, SME Funds,
Social Venture Funds and Infrastructure Funds. Giving effect to
the announcement by Union Finance Minister on angel investor
pools in the Union Budget 2013-14, SEBI in June 2013 has
approved a framework for registration and regulation of angel pools
under a sub- category called 'Angel Funds' under Category IVenture Capital Funds.
Category III AIF are funds that are considered to have some
potential negative externalities in certain situations and which
undertake leverage to a great extent; These funds trade with a view
to make short term returns. These funds are allowed to invest in
CateogyI and II AIFsalso. They receive no specific incentives or
concessions from the government or any other Regulator.eg. Hedge
Funds (which employs diverse or complex trading strategies and
invests and trades in securities having diverse risks or complex
products including listed and unlisted derivatives).
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All AIFs are required to comply with the reporting norms to SEBI on a
quarterly basis (for Category I, II AIFs and for those Category III AIFs which
do not employ leverage) or on a monthly basis (for Category III AIFs which
employ leverage). The reporting formats and the method of reporting is
specified in the circular dated July 29, 2013.
Category III AIFs also have to additionally comply with norms pertaining to
risk management, compliance, redemption and leverage as specified in the
circular. The leverage for a Category III AIF is specified not to exceed 2 times
i.e. the gross exposure after offsetting for hedging and portfolio rebalancing
transactions should not exceed 2 times the NAV of the fund.
Norms in case of application for change in category of the AIF were specified
by SEBI vide circular dated August 7, 2013.
Statistics
Details of registered AIFs with SEBI may be seen here. As on 27 August
2013, around 73 AIFs have been registered with SEBI. Procedure for
registering with SEBI may be seen here.
Global Regulation for AIFs
Regulation of private pools of capital assumed significance with the financial
crisis of 2008. The G30 Report in 2009 recommended that Managers of
private pools of capital that employ substantial borrowed funds should be
required to register with an appropriate national regulator .In the IOSCO
Consultation Report on Hedge Funds Oversight (June 2009), the IOSCO Task
Force suggested that progress towards a consistent and equivalent approach
of regulators to hedge fund managers should be a high priority. The Task
Force recommended that regulatory oversight for hedge funds should be risk
based, focused particularly on the systemically important and/or higher risk
hedge fund managers. Accordingly, IOSCO included effective oversight of
hedge funds in its list of objectives and principles of regulations to be
complied by Member Countries.
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with them.
Under the Private Fund Investment Advisers Registration Act of 2010,
enacted as part of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, 2010, the regulatory purview over hedge funds and private
equity fund advisers was enhanced by the Securities and Exchange
Commission in USA. The term used here for AIF is private fund which
means an issuer that would be an investment company, as defined in section
3 of the Investment Company Act of 1940 (15 U.S.C. 80a3), but for section
3(c)(1) or 3(c)(7) of that Act.
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decisions but if they require budgetary support, they will have to go through
the PIB process.
PIB/EFC also examine prior approved cases where cost estimates have
escalated considerably during the project implementation. In such cases, the
revised cost estimates are appraised for obtaining approval from the
competent authority.
Appropriation
According to Article 114 of the Indian constitution, no money can be
withdrawn from the Consolidated Fund of India to meet specified
expenditure except under an appropriation made by Law. Similarly, State
(sub-national) Governments can also draw from their Consolidated Funds
only after an appropriation act is passed. Every year, after budgetary
estimates are approved, an Appropriation Bill is passed by the
Parliament/state legislature and then it is presented to the
President/Governor. After the assent by the President/governor to the bill, it
becomes an Act. However, if during the course of the financial year, the funds
so appropriated are found to be insufficient, the Constitution provides for
seeking approval from the Parliament or State Legislature for supplementary
grants.
Appropriation Accounts present the total amount of funds (original and
supplementary) authorised by the Parliament/State legislature in the budget
vis-a-vis the actual expenditure incurred against each head of expenditure.
The Office of the Comptroller and Auditor General of India reports to the
Union and State Legislatures any discrepancies that occur between the
amounts appropriated for a particular head of expenditure and what was
actually spent at the end of the financial year. These reports provide an
indication of unrealistic budget estimates made by various departments. Any
expenditure in excess of what was approved requires regularization by the
Parliament/State Legislature.
Some expenditure of Government (e.g. public debt repayments, expenditure
incurred on the Judiciary etc.) is not voted by the Legislature and such
expenditure is Charged on Consolidated Fund under Article 112 (3) of the
Constitution and is called Charged Appropriation.
All other expenditure is required under Article 113 (2) of the Constitution to
be voted by the Legislature and is called voted grant.
Assigned Revenue
The term is used to refer to various tax/duty/cess/surcharge/levy etc.,
proceeds of which are (traditionally) collected by State Government (on behalf
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scheme before the end of the first year of its launch, that is 31 December,
2015.
AYUSH
AYUSH signifies a combination of alternative system of Medicine, which was
earlier known as Indian System of Medicine. AYUSH includes Ayurveda, Yoga
and Naturopathy, Unani, Siddha and Homeopathy. The objective of AYUSH is
to promote medical pluralism and to introduce strategies for mainstreaming
the indigenous systems of medicine. In India, at the Union Government level,
AYUSH activities are coordinated by Department of AYUSH under Ministry of
Health & Family Welfare. Most of these medical practices originated in India
and outside, but got adopted in India in the course of time.
Ayurveda is more prevalent in the states of Kerala, Maharashtra, Himachal
Pradesh, Gujarat, Karnataka, Madhya Pradesh, Rajasthan, Uttar Pradesh,
Delhi, Haryana, Punjab, Uttarkhand, Goa and Orissa.
The practice of Unani System could be seen in some parts of Andhra
Pradesh, Karnataka, Jammu & Kashmir, Bihar, Maharashtra, Madhya
Pradesh, Uttar Pradesh, Delhi and Rajasthan.
Homoeopathy is widely practiced in Uttar Pradesh, Kerala, West Bengal,
Orissa, Andhra Pradesh, Maharashtra, Punjab, Tamil Nadu, Bihar, Gujarat
and the North Eastern States and the Siddha system is practiced in the
areas of Tamil Nadu, Pondicherry and Kerala.
In September 2009 Sowa Rigpa system of medicine was also recognized as a
traditional system of medicine. Sowa Rigpa, commonly known as Amchi is
one of the oldest surviving system of medicine in the world, popular in the
Himalayan region of India. In India this system is practiced in Sikkim,
Arunachal Pradesh, Darjeeling (West Bengal), Lahoul and Spiti (Himachal
Pradesh) and Ladakh region of Jammu & Kashmir.
Most of the foreign countries including USA, Australia, European countries
etc. have not recognized Ayurveda, Siddha and Unani, as systems of
medicine, therefore practice of these systems and marketing of their products
as medicines faces problems. The medicines of these systems are generally
manufactured in India as per the standards and Good Manufacturing
Practices in accordance with the Drugs and Cosmetics Act, 1940 and Rules
thereunder but are often exported by the industry to such countries as food
supplements or dietary supplements because of non-fulfillment of the
regulatory requirements of the importing countries. However, the efficacy
and safety of drugs and therapies for various remedies is scientifically
established through clinical validation carried out by the 5 Research
Councils under the Ministry of AYUSH namely Central Council for Research
in Ayurvedic Sciences (CCRAS), Central Council for Research in Yoga &
Naturopathy (CCRYN), Central Council for Research in Unani Medicine
(CCRUM), Central Council for Research in Siddha (CCRS) and Central
Council for Research in Homoeopathy (CCRH).
The Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and
Homoeopathy (AYUSH), Ministry of Health and Family Welfare has been
accorded the status of a Ministry with effect from 09.11.2014 by the Cabinet
Secretariat.
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B Back-to-Back Loans
Backwardness
As a consequence of amalgamation of regions at varying levels of socio- economic
development & different political and administrative structures, the modern state has
inherited regional imbalances that still persist. The backwardness of states is measured
to understand the extent of these regional imbalances. Some of the attempts to define
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Social Infrastructure - No. of Doctors per 10000 population, No. of Beds per
10000 population, Literacy Rate, Pupil-Teacher Rate (I to X std), Children Out
of School in the 6-14 age group, No. of Students enrolled in Aided & Degree
Colleges, No. of Habitations having drinking water facility of 40 or more
LPCD.
The Committee had also calculated the resource allocation among the four divisions of
the state i.e., Gulbarga, Belgaum, Bangalore and Mysore Division, based on the
Cumulative Deprivation Index (1-CCDI).
Measuring backwardness of Districts at the national level - 2003-04
Concept of Backwardness also came up in the context of a scheme for backward
districts, called Backward Districts Initiative Rashtriya Sam Vikas Yojana (RSVY)
(A Tenth Plan Initiative). The Rashtriya Sam Vikas Yojana (RSVY) was being
implemented in 147 districts since 2003-04. The list of districts covered under the
RSVY may be seen here. The Scheme was aimed at focused development
programmes for backward areas which would help reduce imbalances and speed up
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development. The identification of backward districts within a State was made on the
basis of an index of backwardness comprising three parameters with equal weights to
each:
value of output per agricultural worker;
agriculture wage rate; and
This Scheme later (2006-07) got subsumed in the Backward Regions Grant Fund
program, the guidelines of which may be seen here. BRGF consists of two
components - (a) Districts Component covering 270 districts, and (b) State
Component-which covers special plan for West Bengal, Bihar and the
KalahandiBolangir-Koraput (KBK) Region of Odisha and Bundelkhand packages for
UP & MP. The implementing Ministry for the BRGF districts component is the
Ministry of Panchayati Raj. This Scheme was also proposed for closure from
December 2009 as most of the districts have claimed their total allocation of Rs.45
crore each. As such there is no proposal under consideration of the Government to
extend RSVY to other districts of the country. However, a special development
package of Rs. 850.00 crore has been provided to the state of Andhra Pradesh from
BRGF (State component) during 2014-15.Pursuant to the recommendations of 14th
Finance Commission for higher untied tax devolution to states, the scheme followed a
natural death since 2015-16. Hence, the ongoing projects under BRGF for addressing
Intra-State inequality may be supported by the States out of their own funds, including
received under the recommendations of 14th Finance Commission.
However, the Parliamentary Standing Committee on Finance in its report in April
2015 (on the Demand for Grants of Ministry of Finance) had disagreed with this view
in their report and were of the view that such subsuming of specific schemes designed
with a special purpose / focus to uplift living standards in backward and underdeveloped areas / regions with chronic poverty is not desirable. According to the
Committee, Central budgetary support and an element of hand-holding by way of
special central assistance is therefore still required to bring about social and economic
development in such areas, which are lagging far behind in socioeconomic indices and
which also face extraordinary challenges.In this regard the Committee desired that the
recommendations of Raghuram Rajan's Report on backwardness of States (Committee
for Evolving a Composite Development Index of States) may be considered and
appropriately implemented.
Measuring backwardness of states - 2013
Government in May 2013, decided to constitute an Expert Committee under the
chairmanship of Dr. Raghuram Rajan to measure backwardness of the Indian States by
evolving a Composite Development Index of States for guiding devolution of funds
from central government to such backward states. The committee submitted its report
in September 2013.
The Committee proposed a general method for allocating funds from the Centre to the
states based both on a states development needs as well as its development
performance. Towards this, committee created a multi-dimensional index based on
certain measures which correspond to the multi dimensional approach to defining
poverty outlined in the Twelfth Plan. Need is based on a simple index of (under)
development computed as an average of the following ten sub-components:
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education
health
household amenities
poverty rate
female literacy
urbanization rate
financial inclusion
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connectivity
Improvements to a states development index over time (that is, a fall in
underdevelopment) is taken as the measure of performance. Less developed states
rank higher on the index, and would get larger allocations based on the need criteria,
with allocations increasing more than linearly to the most underdeveloped states.
The Committee recommended that States that score 0.6 and above on the Index may
be classified as Least Developed; States that score below 0.6 and above 0.4 may be
classified as Less Developed; and States that score below 0.4 may be classified as
Relatively Developed. The Least Developed states effectively subsume what is
now special category state.
Committee recommended that each State may get a fixed basic allocation of 0.3
percent of overall funds, to which will be added its share stemming from need and
performance to get its overall share. Of the funds remaining after the allocation of
0.3%, around 3/4th will be allocated based on need and 1/4th based on performance.
Using the index, the Committee has identified the Least Developed states as
Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh,
Meghalaya, Odisha, Rajasthan and Uttar Pradesh. Government as on date has not
taken any decision on the recommendations of the Committee.
identification of borrowers;
collection and preliminary processing of loan applications including
verification of primary information/data;
creating awareness about savings and other products and education and advice
on managing money and debt counselling;
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post-sanction monitoring;
sale of micro insurance/ mutual fund products/ pension products/ other third
party products and
Post Offices;
Companies registered under the Indian Companies Act, 2013 with large and
widespread retail outlets
While a BC can be a BC for more than one bank, at the point of customer interface, a
retail outlet or a sub-agent of a BC shall represent and provide banking services of
only one bank.
Banking correspondents were allowed by RBI vide a circular dated 25 January 2006.
The concept of Banking Correspondent stemmed from a report of Shri. H R Khan, Dy
Governor of RBI. Committee on Financial Inclusion Chaired by Dr. C. Rangarajan
which submitted its report on 5 February 2008 had also recommended for the
expansion of the BC model.
Guidelines on managing risks and code of conduct in outsourcing of financial services
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by banks were issued by RBI on November 3, 2006. The banks will be fully
responsible for the actions of the BCs and their retail outlets / sub agents.
Banking Correspondent in India, in all sense of the term, is equivalent to what is
known as "Correspondent Banking" in Brazil (Generally, the term correspondent bank
refers to a bank which functions as an agent of another bank in a foreign jurisdiction.
However, Brazil uses this term for domestic agency services by individuals / entities).
In some countries BC model is known as "Agent Banking".
Base Effect
The base effect refers to the impact of the rise in price level (i.e. last years inflation)
in the previous year over the corresponding rise in price levels in the current year (i.e.,
current inflation): if the price index had risen at a high rate in the corresponding
period of the previous year leading to a high inflation rate, some of the potential rise is
already factored in, therefore a similar absolute increase in the Price index in the
current year will lead to a relatively lower inflation rates. On the other hand, if the
inflation rate was too low in the corresponding period of the previous year, even a
relatively smaller rise in the Price Index will arithmetically give a high rate of current
inflation. For example:
Jan
Price Index
2007
2008
100
120
2009
140
2010
160
Inflation
2008
2009
20
16.67
2010
14.29
The index has increased by 20 points in all the three years 2008, 2009, 2010.
However, the inflation rate (calculated on year-on-year basis) tends to decline over the
three years from 20% in 2008 to 14.29% in 2010. This is because the absolute increase
of 20 points in the price index in each year increases the base year price index by an
equivalent amount, while the absolute increase in price index remains the same.
Remember, year-on-year inflation is calculated as:
(Current Price Index Last years Price Index)
Current Inflation Rate = --------------------------------------------------Last years Price Index
* 100
Base Rate
The base rate, introduced with effect from 1st July 2011 by the Reserve Bank of India,
is the new benchmark rate for lending operations of banks. It is a tool which will help
in bringing more transparency in lending operations of banks.
Base rate is defined as the minimum interest rate of a bank below which it is not
viable to lend.It replaces the benchmark prime lending rate (BPLR) ,the interest rate
which commercial banks charged their most credit worthy customer. A working group
was constituted under the chairmanship of Shri Deepak Mohanty to review the
benchmark prime lending rate. It was observed that the benchmark prime lending rate,
which was introduced in 2003, had failed in its objective. The banks were lending
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below BPLR rates due to competitive pressures. Hence a need was felt for transition
to a more transparent and effective interest rate mechanism.
Base rate includes all those elements of the lending rates that are common across all
categories of borrowers. An illustrative methodology of calculation of base rate has
been provided in the RBI guidelines. As per the methodology, base rate is arrived at
by adding the following
1. The cost of deposits ,which is the interest rate on total deposits
2. Adjustment for the negative carry in respect of Cash Reserve Ratio(CRR) and
Statutory Liquidity Ratio (SLR); The negative carry on CRR and SLR arises
because the return on CRR balances is nil and the return on SLR balances is
lower than the cost of deposits. Negative carry cost on CRR and SLR is
calculated as difference between effective cost and cost of deposits, where
1. the effective cost is the ratio of cost of deposits( adjusted for return on
SLR investments) and deployable deposits(total deposits less the
deposits locked as CRR and SLR balances)
2. cost of deposits is the interest rate on total deposits
3. Unallocatable overhead cost for banks which would comprise a minimum set
of overhead cost elements, which includes components like legal and premises
expenses, depreciation, cost of printing and stationery, expenses incurred on
communication and advertising etc.
4. Average return on net worth, which is the amount of net income returned as a
percentage of shareholders equity. It is an indicator on profitability and return
on shareholders funds.
Banks are free to choose any benchmark to arrive at the base rate. The interest on all
categories of loans is determined with respect to the base rate except the following
loans; (a) DRI advances ( that is Differential rate of interest scheme whereby banks
offer financial assistance at concessional rates) (b) loans to banks own employees (c)
loans to banks depositors against their own deposits. Base rate is to be reviewed at
least once in a quarter and has to be disclosed to the public. Each bank arrives at its
base rate separately. Banks are free to choose any methodology to arrive at the base
rate which is consistent , appropriate and transparent.
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Begging
The most often quoted definition of Begging lies in theBombay Prevention of Begging
Act, 1959 though there can be some minor variants to this definition in other
concerned state laws. As per Section 2(1) of the Act, Begging meansa. Soliciting or receiving alms, in a public place whether or not under any
pretence such as singing, dancing, fortune telling, performing or offering any
article for sale;
b. entering on any private premises for the purpose of soliciting or receiving
alms;
c. exposing or exhibiting any sore, wound injury, deformity of diseases whether
of a human being or animal, for extorting alms;
d. allowing oneself to be used as an exhibit for the purpose of soliciting or
receiving alms;
e. having no visible means of subsistence and wandering about or remaining in
any public place in such condition or manner, which makes it likely that the
person doing so exist for soliciting or receiving alms;
The definition however, does not include soliciting or receiving money or food for a
purpose authorized by any law or by any competent authorities. The Bombay Act
gives powers to enforcement agencies, to arrest without warrant, those persons found
begging, and put them in any certified institutions for a period of 1-3 years. If any
person, who was detained in a Certified Institution, is found begging again, he shall on
conviction for the first time can be ordered by the Court to be detained for not more
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than three years and on conviction for the second time, for a period of ten years.
Further whoever employs or causes any person or child to resort to begging can be
punished with imprisonment for a term of 1-3 years.
Presently, there is no Scheme of the Central Government on Beggary nor there is a
central law on the matter. The States are responsible for taking necessary preventive
and rehabilitative steps. Around 22 States / Union Territories have enacted their own
anti-beggary legislation or adopted legislation enacted by other States/UTs. Existing
State Anti Beggary Laws
Sl.No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
States/Union
Legislation in Force
Territories States
Andhra Pradesh
The Andhra Pradesh Prevention of
Beggary Act, 1977
Assam
The Assam Prevention of Begging Act,
1964
Bihar
The Bihar Prevention of Begging Act,
1951
Chhattisgarh
Adopted
the
Madhya
Pradesh
Bikshavirty Nivaran Adhiniyam, 1973
Goa
The Goa, Daman & Diu Prevention of
Begging Act, 1972
Gujarat
Adopted the Bombay Prevention of
Begging Act, 1959
Haryana
The Haryana Prevention of Begging
Act, 1971
Himachal Pradesh
The Himachal Pradesh Prevention of
Begging Act, 1979
Jammu & Kashmir
The J&K Prevention of Begging Act,
1960
Jharkhand
Adopted the Bihar Prevention of
Begging Act, 1951
Karnataka
The Karnataka Prevention of Begging
Act, 1975
Kerala
The Madras Prevention of Begging Act,
1945, the Travancore Prevention of
Begging Act, 1120 and the Cochin
Vagrancy Act, 1120 are in force in
different areas of the State.
Madhya Pradesh
The Madhya Pradesh Bikshavirty
Nivaran Adhiniyam, 1973
Maharashtra
The Bombay Prevention of Begging
Act, 1959
Punjab
The Punjab Prevention of Begging Act,
1971
Sikkim
The Sikkim Prohibition of Beggary Act,
2004
Tamil Nadu
The Madras Prevention of Begging Act,
1945
Uttar Pradesh
The Uttar Pradesh Prohibition of
Begging Act, 1972
Uttarakhand
Adopted the Uttar Pradesh Prohibition
of Begging Act, 1972
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21.
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West Bengal
Daman & Diu
Persons
372217
6549
34736
13973
14742
16880
17979
20769
48068
53146
75455
48907
19181
1832
Males
197725
3363
18747
8256
8746
10064
10615
12391
28173
28169
35368
23227
9528
1078
Females
174492
3186
15989
5717
5996
6816
7364
8378
19895
24977
40087
25680
9653
754
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15-59
185557
106414
79143
60+
143543
68123
75420
However, these figures may be an underestimate of the number of beggars in India.
For instance, Census 2011 states that there are 2073 beggars in Delhi. When the
Government of Delhi had sponsored a survey of beggars in Delhi, in 2006 it reported
the estimated (projected) number of beggars at 58,570. (However, out of surveyed
beggars, 6 were found to be graduates and 4 were post graduates. As per the report, 22
beggars earned between Rs. 200/- to Rs. 500/- per day.) To take a cue from another
related statistics, during the year 2006, around 1,17,779 number of unauthorized
vendors etc. have been arrested and prosecuted under section 144 of the Railways Act,
1989.
Bid Rigging
Bid rigging is a widely known term across the world. Bidding, as a practice, is
intended to enable the procurement of goods or services on the most favourable terms
and conditions. Invitation of bids is resorted to both by Government (and Government
entities) and private bodies (companies, corporations, etc.). But the objective of
securing the most favourable prices and conditions may be negated if the prospective
bidders collude or act in concert. Such collusive bidding called bid rigging
contravenes the very purpose of inviting tenders and is inherently anticompetitive. If
bid rigging takes place in Government tenders, it is likely to have severe adverse
effects on its purchases and on cost effectiveness of public spending and wastes public
resources. It is therefore important that the procurement process is highly competitive
and not affected by practices such as collusion, bid rigging, fraud and corruption. All
over the world, bid rigging or collusive bidding is treated with severity in the law as
reflected by the presumptive approach.
Collusive bidding or bid rigging may occur in various ways by which firms coordinate
their bids on procurement or project contracts. Origin of bid rigging is as old as
system of procurement. However, an apt codification on the same may be the Sherman
Act, 1890 of the United States, which is considered the first codified law to look into
agreements leading to bid rigging. Governments are most often the target of bid
rigging. Bid rigging is one of the most widely prosecuted forms of collusion. Bid
rigging may take various forms such as bid suppression, complimentary bidding, bid
rotation, and sub contracting etc.
In India, the Competition Act, 2002 specifically prohibits collusive bidding (direct or
indirect) under Section 3 (3) d. It is one of the four horizontal agreements that shall to
be presumed to have appreciable adverse effect on competition (AAEC). The
explanation to sub-section (3) of Section 3, of the Competition Act, 2002 defines bid
rigging as any agreement, between enterprises or persons referred to in sub-section
(3) engaged in identical or similar production or trading of goods or provision of
services, which has the effect of eliminating or reducing competition for bids or
adversely affecting or manipulating the process for bidding.
Reducing collusion in public procurement requires strict enforcement of competition
laws and the education of public procurement agencies at all levels of government to
help them design efficient procurement processes and detect collusion.
Bio-fuels
Bio-fuels are environment friendly fuels derived from renewable bio-mass resources.
In India, a definition of bio-fuels is provided in the National Bio-fuel Policy of 2009.
As per that definition, biofuels are those liquid or gaseous fuels produced from
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biomass resources and used in place of, or in addition to, diesel, petrol or other fossil
fuels for transport, stationary, portable and other applications. In this context, 'biomass
resources' refer to the biodegradable fraction of products, wastes and residues from
agriculture, forestry and related industries as well as the biodegradable fraction of
industrial and municipal wastes.
Three broad categories of bio-fuels are identified in India:
1. bio-ethanol: ethanol produced from biomass such as sugar containing materials,
like sugar cane, sugar beet, sweet sorghum, etc.; starch containing materials such as
corn, cassava, algae etc.; and, cellulosic materials such as bagasse, wood waste,
agricultural and forestry residues etc.;
2. biodiesel: a methyl or ethyl ester of fatty acids produced from vegetable oils, both
edible and non-edible, or animal fat of diesel quality; and
3. other biofuels: biomethanol, biosynthetic fuels etc.
Bio-fuels provide a strategic advantage to promote sustainable development and to
supplement conventional energy sources in meeting the rapidly increasing
requirements associated with high economic growth for transportation fuels.
The Indian approach to bio-fuels is somewhat different from the current international
approaches since it is based solely on non-food feedstocks to be raised on degraded or
wastelands that are not suited to agriculture, thus avoiding a possible conflict of fuel
vs. food security.
An indicative target of 20% blending of bio-fuels, both for bio-diesel and bio-ethanol,
by 2017 is proposed in the National Bio Fuel Policy announced on 24 December 2009
apart from various other initiatives for encouraging the production and usage of biofuels.It is also proposed to blend 5 per cent Bio-diesel to diesel to be used on diesel
locomotives only on Indian Railways. Also see Ethanol Blending Programme in India.
Black Money
In common parlance, Black money is a term used to refer to money that is not fully
legitimate in the hands of the owner. The term "black money" is not defined per se in
the tax laws. However, a definition of black money was adopted in the White Paper
issued on Black Money by Government of India in May 2012.
As per the above report, black money is defined as assets or resources that have
neither been reported to the public authorities at the time of their generation nor
disclosed at any point of time during their possession.
Black money could arise broadly due to two possible reasons. The first is that the
money may have been generated through illegitimate activities not permissible under
the law, like crime, drug trade, terrorism, and corruption, all of which are punishable
under the legal framework of the state. Some of these offences are included in the
schedule of the Prevention of Money Laundering Act, 2002. Money laundering, as
defined by Financial Action Task Force (FATF), is the processing of these criminal
proceeds to disguise their illegal origin.
The second and perhaps more likely reason is that the wealth may have been
generated and accumulated by failing to pay the dues to the public exchequer in one
form or other. In this case, the activities undertaken by the perpetrator could be
legitimate and otherwise permissible under the law of the land but s/he has failed to
report the income so generated, or comply with the tax requirements, or pay the dues
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to the public exchequer, thereby converting such income into black money.
Thus, in addition to wealth earned through illegal means, the term black money would
also include legal income that is concealed from public authorities
to evade payment of taxes (income tax, excise duty, sales tax, stamp duty, etc);
to evade payment of other statutory contributions;
The definition of black money used in the White Paper is in consonance with the
definition used by the National Institute of Public Finance and Policy (NIPFP)in its
1985 report on Aspects of Black Economy, wherein it defined black income as the
aggregates of incomes which are taxable but not reported to the tax authorities.
Because of deliberate, false reporting of incomes/output/ transactions national income
and output of the country gets underestimated and hence, decisions based on such
calculations tend to be faulty.
Black money lying abroad in foreign jurisdictions
The Finance Minister, in his budget speech of 2015-16, had conveyed the decision of
the Government to enact a comprehensive new law on black money to specifically
deal with black money stashed away abroad. In the Undisclosed Foreign Income and
Assets (Imposition of Tax) Bill, 2015 later introduced in the Parliament on
20.03.2015, the words corresponding to black money is "undisclosed income and
assets".
As per the Bill, undisclosed asset located outside India means an asset (including
financial interest in any entity) located outside India, held by the tax assessee in his
name or in respect of which he is a beneficial owner, regarding which he has no
explanation about the source of investment in such asset or the explanation given by
him is unsatisfactory in the opinion of the Assessing Officer; Further, undisclosed
foreign income and asset means the total amount of undisclosed income of an
assessee from a source located outside India and the value of an undisclosed asset
located outside India, and computed in the manner as laid down in the said Bill. These
definitions stands for black money lying abroad.
The Bill provides for separate taxation of any undisclosed income in relation to
foreign income and assets. Such income will henceforth not be taxed under the
Income-tax Act but under the stringent provisions of the proposed new legislation.
Undisclosed foreign income or assets will be taxed at the flat rate of 30 percent. No
exemption or deduction or set off of any carried forward losses which may be
admissible under the existing Income-tax Act, 1961, will be allowed. The penalty for
non-disclosure of income or an asset located outside India will be equal to three times
the amount of tax payable thereon, i.e., 90 percent of the undisclosed income or the
value of the undisclosed asset. This is in addition to tax payable at 30%. Failure to
furnish return in respect of foreign income or assets shall attract a penalty of Rs.10
lakh. The same amount of penalty is prescribed for cases where although the assessee
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has filed a return of income, but he has not disclosed the foreign income and asset or
has furnished inaccurate particulars of the same. Abetment or inducement of another
person to make a false return or a false account or statement or declaration under the
Act will be punishable with rigorous imprisonment from six months to seven years.
This provision will also apply to banks and financial institutions aiding in
concealment of foreign income or assets of resident Indians or falsification of
documents.
The Bill received Presidential assent and became law on 26th May, 2015
Body Corporate
Body corporate broadly means a corporate entity which has a legal existence.
The term "body corporate" is defined in Section 2(11) of the Companies Act, 2013.
This includes a private company, public company, one personal company, small
company, Limited Liability Partnerships, foreign company etc.
body corporate or corporation also includes a company incorporated outside
India.
However, body corporate does not include
(i) a co-operative society registered under any law relating to co-operative societies;
and
(ii) any other body corporate (not being a company as defined in the Companies Act
2013), which the Central Government may, by notification, specify in this behalf;
The above definition is different from the provisions existed in the erstwhile
companies Act 1956, which had excluded a corporation sole also from the definition
of body corporate which was, however, not defined in the Act of 1956.
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Cabinet Committee
In a parliamentary democracy, a Cabinet Minister with the title of Prime Minister is
the Executive head of the Government, while the Head of State is a largely ceremonial
monarch or president. The Executive branch of the Government has sole authority and
responsibility for the daily administration of the State bureaucracy.
The Prime Minister selects the team of Ministers in the Cabinet and allocates
portfolio. In most cases, the Prime Minister sets up different Cabinet Committees with
select members of the Cabinet and assigns specific functions to such Cabinet
Committees for smooth and convenient functioning of the Government.
A Cabinet Committee can be either set up with a broad mandate or with a specific
mandate. Many a times, when an activity/agenda of the Government acquires
prominence or requires special thrust, a Cabinet Committee may be set up for
focussed attention. In all areas delegated to the Cabinet Committees, normally the
decision of the Cabinet Committee in question is the decision of the Government of
the day. However, it is up to the Prime Minister to decide if any issue decided by a
Cabinet Committee should be re-opened or discussed in the full Cabinet.
The Parliament of India (Sansad / ) is the federal and supreme legislative body of
India. It consists of two houses the Lower House House of the People called Lok
Sabha ( )and the Upper House- Council of States called Rajya Sabha.(
).
Though the political party /coalition that have the absolute majority ( i.e at least one
seat more than 50 percent of total seats contested and decided) in Lok Sabha forms the
Government, the Prime Minister and the members of the Cabinet can be from either
House of Parliament. In 1961, the Government of India Transaction of Business Rules
(TBR), 1961 were framed, which inter-alia prescribed the procedure in which the
Executive arm of the Government would conduct its business in a convenient and
streamlined manner.
In terms of the TBR, 1961, inter-alia, there shall be Standing Committees of the
Cabinet as set out in the First Schedule to the TBR, 1961, with the functions
specified therein. The Prime Minister may, from time to time, amend the Schedule by
adding to or reducing the numbers of such Committees or by modifying the functions
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assigned to them. Every Standing Committee shall consist of such Ministers as the
Prime Minister may from time to time specify. Conventionally, while Ministers with
Cabinet rank are named as members of the Standing Committees of the Cabinet,
Ministers of State, irrespective of their status of having Independent Charge of a
Ministry/Department, and others with rank of a Cabinet Minister or Minister of State
are named as special invitees.
The Second Schedule to TBR 1961, lists the items of Government business where the
full Cabinet, and not any Standing Committee of the Cabinet should take a decision.
However, to the extent there is a commonality between the cases enumerated in the
Second Schedule and the cases set out in the First Schedule, the Standing Committees
of the Cabinet shall be competent to take a final decision in the matter, except in cases
where the relevant entries in the respective Schedules themselves preclude the
Committees from taking such decisions. Also, any decision taken by a Standing
Committee may be reviewed by the Cabinet.
Existing Cabinet Committees
As on 20th March 2013 there are 10 (ten) Standing Committees of the Cabinet. These
are the Appointments Committee of the Cabinet (ACC), the Cabinet Committee on
Accommodation(CCA), the Cabinet Committee on Economic Affairs (CCEA) , the
Cabinet Committee on Parliamentary Affairs, the Cabinet Committee on Political
Affairs (CCPA), the Cabinet Committee on Prices (CCP), the Cabinet Committee on
Security (CCS), the Cabinet Committee on World Trade Organisation Matters
(CCWTO), the Cabinet Committee on Investment (CCI), and the Cabinet Committee
on Unique Identification Authority of India related issues (CCUID).
While three of the Cabinet Committees, the ACC, CCA and the Cabinet Committee on
Parliamentary Affairs deal with internal housekeeping and functioning of the
Government, three Cabinet Committees have very limited mandates, i.e, CCP is for
regulating prices of essential commodities, CCWTO is for matters relating to WTO,
and CCUID is for matters relating to UID.
Prominent Cabinet Committees whose functioning is of general interest are the
Cabinet Committee on Economic Affairs (CCEA), the Cabinet Committee on
Investment (CCI), the Cabinet Committee on Political Affairs (CCPA), and the
Cabinet Committee on Security (CCS).
The latest Cabinet Committee is that on investment. On 2 January 2013, the
Government has set up the Cabinet Committee on Investments (CCI) with the Prime
Minister as the Chairman to expedite decisions on approvals/clearances for
implementation of projects. This is expected to improve the investment environment
by bringing transparency, efficiency and accountability in accordance of various
approvals and sanctions.
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Modi decided to discontinue the following four Standing Committees of the Cabinet:
1. Cabinet Committee on Management of Natural Calamities: The functions of this
Committee will be handled by the Committee under the Cabinet Secretary whenever
natural calamities occur.
2. Cabinet Committee on Prices: The functions of this Committee will be handled by
the Cabinet Committee on Economic Affairs.
3. Cabinet Committee on World Trade Organisation Matters: The functions of this
Committee will be handled by the Cabinet Committee on Economic Affairs and,
whenever necessary, by the full Cabinet.
4. Cabinet Committee on Unique Identification Authority of India related issues:
Major decisions in this area have already been taken and the remaining issues will be
brought to the Cabinet Committee on Economic Affairs.
On 19th June 2014 the Government reconstituted six Committees of the Cabinet i.e.
Appointments Committee of the Cabinet, Cabinet Committee on Accommodation,
Cabinet Committee on Economic Affairs, Cabinet Committee on Parliamentary
Affairs, Cabinet Committee on Political Affairs and Cabinet Committee on Security.
Details of various cabinet committees can be obtained from the website of Cabinet
Secretariat of India.
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commodities and prices for articles sold through the public distribution system.
CCEA facilitates finalization of factual reports on the accomplishments of the
Ministries, Agencies and Public Sector Undertakings involved in implementation of
prioritized schemes or projects for evaluation by the Prime Minister. The CCEA also
considers cases of increase in the firmed up cost estimates/revised cost estimates for
projects etc. in respect of the business allocated to the CCEA.
On 2 January 2013, Cabinet Committee on Infrastructure was merged with CCEA.
On 10 June 2014, the Cabinet Committee on Prices, Cabinet Committee on Unique
Identification Authority of India related issues and Cabinet Committee on World Trade
Organization Matters were merged with CCEA, subject to condition that whenever
necessary, full cabinet will take decision on the WTO related matters.
On 19 June 2014, CCEA was also reconstituted.
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Capital Budget
Under Article 112 of the Constitution of India, the Annual Financial Statement has to
distinguish expenditure of the Government on revenue account from other
expenditures. Government Budget, therefore, comprises of Revenue Budget and
Capital Budget.
Capital Budget consists of capital receipts and capital payments.
The capital receipts are loans raised by Government from public, called market loans,
borrowings by Government from Reserve Bank and other parties through sale of
Treasury Bills, loans received from foreign Governments and bodies, disinvestment
receipts and recoveries of loans from State and Union Territory Governments and
other parties.
Capital payments consist of capital expenditure on acquisition of assets like land,
buildings, machinery, equipment, as also investments in shares, etc., and loans and
advances granted by Central Government to State and Union Territory Governments,
Government companies, Corporations and other parties.
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goods to the consignee. The responsibility of the common carrier is limited to the
transit period, from the date of taking over the goods in his or her charge from the
consignor to the date of arrival at the destination point plus three calendar days. The
date of arrival of the consignment is taken as the day on which the goods physically
arrive at the destination or the day when the consignee or consignor is informed of the
arrival of the goods at the destination, whichever is later. The liability of the common
carrier is to be calculated on the actual freight collected or due or ninety per cent of
total charges excluding the taxes shown on goods receipt, whichever is higher.
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crore in tax devolution and Rs.2.7 lakh crore in grant-in-aid recommended by the FFC
as compared to the 13th Finance Commission. During 2015-16 alone, increase in
transfer to States over 2014-15 (both from tax devolution and FFC grants together), is
estimated to be about Rs. 2.1 lakh crores.Since NCA was an untied assistance, higher
transfer of untied devolution of taxes is expected to take care of no allocation under
NCA. From 2015-16 onwards, the allocations under NCA are subsumed in the
increased rate of tax devolution.
(b) Additional Central Assistance (ACA):This is provided for implementation of
externally aided projects (EAPs), and for which presently there is no ceiling. Unlike
NCA, this is Scheme based. The details of such schemes are given in the Statement 16
of the Expenditure Budget Vol. I. There can be One time ACA and advance ACA. One
time ACA are assistance given by Planning Commission to particular States for
undertaking important State specific programmes and schemes. These are one time
assistance and thus not recurring. These assistances are discretionary in nature.
Advance ACA are advances given to special category states in times of financial
stress and recoverable in ten years.
(c) Special Central Assistance (SCA), which is provided for special
projects/programmes e.g., Western Ghats Development Programme (WGDP), Border
Areas Development Programme etc. (In exceptional situations, Advance Central
Assistance, may also be provided.) This special plan assistance is given only to special
category states to bridge the gap between their Planning needs and resources. In other
words, SPAs are ACA to special category States. Special Plan Assistance (SPA) is
provided to the Special Category States for funding of projects identified by the States
that are not covered by any Central scheme and for non-recurrent expenditure of a
developmental nature, based on the recommendation of the Planning Commission.
From 01.04.2015 onwards, there is no allocation under SPA and SCA (untied).
CPA is provided, as per scheme of financing applicable for specific purposes,
approved by Planning Commission. It is released in the form of grants and/or loans in
varying combinations, as per terms & conditions defined by Ministry of Finance,
Department of Expenditure.
Central Assistance in the form of ACA is provided also for various Centrally
Sponsored Schemes viz., Accelerated Irrigation Benefits Programme, Rashtriya Krishi
Vikas Yojana etc. and SCA is extended to states and UTs as additive to Special
Component Plan (renamed Scheduled Castes Sub Plan) and Tribal Sub Plan. Funds
provided to States under Member of Parliament Local Area Development Scheme @
Rs.5 crore per annum per MP also count as CA.
The term Plan Grants generally comprise of 'Block Grants which consists of Normal
Central Assistance (NCA), Backward Regions Grant Fund (BRGF)- Scheme (State
Component), Additional Central Assistance (ACA) for Externally Aided Projects
(EAPs), Special Central Assistance (SCA), Special Plan Assistance (SPA), etc.
Since 2015-16, pursuing the recommendations of the 14th Finance Commission, Some
of the schemes like NCA, SCA (untied), SPA, Additional Central Assistance for Other
Projects (ACAOP), Other ACA, SCA for Hill Areas Development Programme
(HADP/WGDP), SCA under Backward Regions Grant Fund (BRGF), National egovernance Plan (Mission mode project) and ACA for Left wing Extremism (LWE)
Affected Districts have been discontinued or subsumed under higher devolution of
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taxes.
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As per the Budget 2015-16, centre has decided to support fully those schemes
which are targeted to the benefits of socially disadvantaged group.
In case of some Centrally Sponsored Schemes, the Centre-State funding
pattern will undergo a change with States to contribute higher share. Details of
changes in sharing pattern will have to be worked out by administrative
Ministry/Department.
In the Union Budget 2015-16, there are 31 Schemes to be fully sponsored by
the Union Government, 8 Schemes have been delinked from support of the
Centre and 24 Schemes will now be run with the changed sharing pattern. The
details of these Schemes may be seen in the press release dated 28 February
2015.
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Charged Expenditure
In India's democratic system, the government cannot spend from the Consolidated
Fund unless the expenditure is voted in the lower house of Parliament or State
Assemblies. However according to Article 112 (3) and Article 202 (3) of the
Constitution of India, the following expenditure does not require a vote and is charged
to the Consolidated Fund. They include salary, allowances and pension for the
President as well as Governors of States, Speaker and Deputy Speaker of the House of
People, the Comptroller General of India and Judges of the Supreme and High Courts.
They also include interest and other debt related charges of the Government and any
sums required to satisfy any court judgment pertaining to the Government.
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allowed unless its name is indicative of that financial activity, viz., Chit Fund
Official Definition
As per Section 2 (b) of the Chit Funds Act 1982, chit means a transaction whether
called chit, chit fund, chitty, kuri or by any other name by or under which a person
enters into an agreement with a specified number of persons that every one of them
shall subscribe a certain sum of money (or a certain quantity of grain instead) by way
of periodical installments over a definite period and that each such subscriber shall, in
his turn, as determined by lot or by auction or by tender or in such other manner as
may be specified in the chit agreement, be entitled to the prize amount.A transaction is
not a chit within the meaning of this clause, if in such transaction,
some alone, but not all, of the subscribers get the prize amount without any
liability to pay future subscriptions; or
all the subscribers get the chit amount by turns with a liability to pay future
subscriptions;
Statistics
List of Chit fund companies may be seen here.As at the end of March 2012, there are
around 4256 Chit funds in India.
http://www.mca.gov.in/Ministry/nidhi.html
http://www.mca.gov.in/MCA21/dca/RegulatoryRep/pdf/Chit_Fund_Companies.pdf
The list of registered NBFCs may be seen at
http://www.rbi.org.in/commonman/English/Scripts/NBFCs.aspx
http://www.rbi.org.in/scripts/bs_nbfclist.aspx
The quantum of deposits mobilized by these entities may be seen at
http://dbie.rbi.org.in/DBIE/dbie.rbi?site=statistics (under the tab financial sector)
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Mile)
Towns are further classified into different classes based on the size of population:
Class I: 100,000 and above;
Class II: 50,000 to 99,999;
Class III: 20,000 to 49,999;
Class IV: 10,000 to 19,999;
Class V: 5,000 to 9,999 and
Towns with population of 1,00,000 and above are called cities.
An urban agglomeration (UA) is a continuous urban spread constituting a town and its
adjoining outgrowths (OGs) which have come up near a statutory town outside its
statutory limits but within the revenue limits of a village or villages contiguous to the
town.
The UAs/Towns are grouped into the following categories on the basis their
population in Census.
Class
MegaCities:
UAs with more than 10 million (100 lakh or 1 crore) persons are
known as Mega Cities. Among the Million Plus UAs/Cities, there are three
very large UAs withmore than 10 million persons in the country, known as
Mega Cities. These areGreater Mumbai UA (18.4 million), Delhi UA (16.3
million) and Kolkata UA (14.1million).
The growth in population in the Mega Cities has slowed down considerablyduring the
last decade. Greater Mumbai UA, which had witnessed 30.47% growth inpopulation
during 1991-2001 has recorded 12.05% during 2001-2011. Similarly DelhiUA (from
52.24% to 26.69% in 2001-2011) and Kolkata UA (from 19.60% to 6.87% in20012011) have also slowed down considerably.
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CDM is one of the three market-based mechanisms set up under Kyoto Protocol, the
other two being - Joint Implementation and emissions trading or commonly called as
carbon trading [which provides for trading of (a) spare emission units available with
any entity (savings from the assigned or permissible emission levels), (b) CERs
created from CDM activities, (c) an emission reduction unit (ERU) generated by a
Joint Implementation project and (d) removal units (RMU) created on the basis of
land use, land-use change and forestry (LULUCF) activities such as reforestation]
The mechanism of Joint implementation (JI) is similar to CDM but with the difference
that the emission reduction projects are undertaken by an Annex I country in another
Annex I country and not in a developing country. The mechanism of joint
implementation is defined in Article 6 of the Kyoto Protocol. The JI allows a country
with an emission reduction or limitation commitment under the Kyoto Protocol
(Annex B Party) to earn emission reduction units (ERUs), each equivalent to one
tonne of CO2, from an emission-reduction or emission removal project in another
Annex B Party. ERUs are also counted towards meeting Kyoto targets.
CDM helps developing countries to achieve development without compromising on
sustainable aspects while it gives developed countries a flexible mechanism for
achieving emissions reductions. On the other hand, JI helps developed countries to
refashion their development strategies through technology transfer.
Background
Climate change and issues related to it have become matters of heated debate among
countries, scholars and the general public in the recent times. Environmental issues
started gaining international attention with the Stockholm Conference held in 1972. As
a result of the conference, the United Nations Environmental Programme (UNEP) was
set up with the task of research on environmental impacts and for providing advice to
governments and other agencies. The 1992 UN Earth Summit in Rio de Janeiro,
discussed a host of environmental issues with a major focus on climate change. An
agreement called UN Framework Convention on Climate Change (UNFCCC) was
introduced in the 1992 Rio Summit and was signed by 166 countries. In 1997, 160
countries negotiated the Kyoto Protocol to the Framework Convention. Under the
Protocol, the countries in the Annex-I of the Convention, which includes the
developed nations and economies in transition, accepted binding commitments of
emissions reduction targets. They agreed to reduce their emission levels of four greenhouse gases (CO2, Methane, Nitrous Oxide and Sulfur Hexafluoride) by 5.2% of their
1990 levels. Specific targets of reduction by 5.2 percent of their 1990 emission levels
were given for 38 industrialized (Annex I) countries over the commitment period
2008-2012. The targets apply to six classes of greenhouse gases: carbon dioxide,
methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur
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Article 12 of the Kyoto Protocol which defines the mechanism of CDM allows
certified emission reduction (CER) (each equivalent to one tonne of CO2) generated
from emission reduction projects undertaken in non-Annex-I countries to be used to
meet a part of their emissions reduction commitments. Thus, the mechanism allowed
the countries with the responsibility to achieve emission reductions to do so in
countries where the cost to do so was the least. The mechanism was expected to
support sustainable development in the developing countries while allowing the
industrialized countries to achieve their targets at a lower cost.
The Project Cycle in CDM
Every CDM project has to go through a cycle before it is registered and CERs are
issued to the project. There are seven steps in the project cycle:
1) Project design: the first step is the preparation of a project design document by
the project participant detailing the project, the baseline and methodology and
other details relevant to the project;
2) National Approval: the second step is securing the letter of approval from the
Designated National Entity of the host party;
3) Validation: the project is independently evaluated by a designated operating
entity on whether it meets the requirements of CDM.
4) Registration: validated projects are submitted to the CDM executive board for
formal approval, which is called registration;
5) Monitoring: Measurement of actual emissions is done by the project participant
according to the approved methodology;
6) Verification: Is the independent review of the emission reductions claimed by
the project participant by a designated operating entity.
7) CER issuance: Once the verification of the claimed emission reduction is done,
the designated operating entity submits the verification report to the CDM board
for the issuance of CERs.
Trends in CDM projects
As of 28th February, 2015, there were a total of 7598 registered CDM projects
globally, with China and India dominating the scene since the inception of the
mechanism. Around 50 per cent of the registered projects are in China and India hosts
20 per cent of all projects (Figure 1). A total of 1,542,018,787 CERs have been issued
so far.
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Between 2004 and 2012, there was a steady increase in the number of registered CDM
projects after which there has been a drastic decline. This could be a result of the crash
in CER prices in the recent times. The price of CER, which was around $ 20 a tonne
in 2008, fell to below $ 5 a tonne in 2012. This may be attributed to the lack of
demand from the European Union (EU), which was the major market for CERs. Due
to the industrial slowdown in EU as a result of Euro crisis as well as over-allocation of
carbon quotas in EUs Emission Trading System there was slack demand for CERs.
Most of the CDM projects in India are concentrated in a few sectors, namely, those
related to the renewable energy sector (Figure 2). The maximum number is in the
wind energy sector. This sector accounts for 42 per cent of all CDM projects in India.
Biomass energy projects come second with 15 per cent.
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One thing to be noted here is that the sectors where the CDM projects are
concentrated in India are the ones where there are maximum co-benefits from the
projects. For example, the renewable energy projects have the co-benefit of revenue
generated from the sale of electricity generated from the project. Thus, questions have
been raised about the additionality of many CDM projects. However, there is no
doubt that the CDM has provided many firms in developing countries with strong
incentives to choose a greener path. Future global action is expected to develop new
market mechanisms with elements taken from the CDM.
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2011-12
2012-13
2013-14
2014-15
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are responsible for the largest chunk of the stock of global GHG emissions.
As far as India is concerned, its per capita emissions are much lower compared to
those of the developed countries. Indias per capita CO2 emissions were 1.7 tons in
2009 compared to 18.4 in Australia, 17.3 in USA, 8.6 in Japan, 7.7 in U.K and 5.8 in
China(Source: World Bank data base).
Various studies (the prominent being the National Communication by the Ministry of
Environment & Forests, Government of India) reveal that India, with its delicate
ecosystem, diverse terrain, rich biodiversity, and long coastlines is extremely
vulnerable to climatic variations. Several studies indicate that India may suffer from
long-term adverse impacts of climate change. Indias huge mass of poor people, with
few means to weather the possible climate change impacts, exacerbates its
vulnerability. It puts additional stress on its socio-economic fabric, making adaptation
strategies important for this country. However, India is not entirely lacking in efforts
to put in place climate and weather induced adaptation strategies. Given her extreme
climate sub-zones and volatile weather, these have been embedded into the plan and
policy matrix for decades.
Government of India has also proposed to set up the National Institute for Climate
Change Studies and Actions (NICCSA) under Climate Change Action Programme
(CCAP) of the Ministry of Environment and Forests with a view to carry out
analytical studies of scientific, environmental, economic development and
technological issues related to climate change.
Established in 1988 by the World Meteorological Organization and the UN
Environment Programme, the IPCC surveys world-wide scientific and technical
literature and publishes assessment reports that are widely recognized as the most
credible existing sources of information on climate change. The IPCC also works on
methodologies and responds to specific requests from the UNFCCC's subsidiary
bodies. The IPCC is independent of the UNFCCC.
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iii.
iv.
Through the SEBI ordinance dated 18th July 2013, which subsequently became an Act
of Parliament in 2014 - The Securities Laws (Amendment) Act, 2014- any pooling of
funds under any scheme or arrangement, which is not registered with SEBI, involving
a corpus amount of one hundred crore rupees or more shall be deemed to be a
collective investment scheme.
However, as per the SEBI Act, the following activities have been exempted from the
CIS Regulations. Any scheme or arrangement:
i.
ii.
iii.
iv.
providing for any scheme, Pension Scheme or the Insurance Scheme framed
under the Employees Provident Fund
v.
under which deposits are accepted under section 58A of the Companies Act,
1956
vi.
vii.
falling within the meaning of Chit business as defined in clause (d) of section 2
of the Chit Fund Act, 1982(40 of 1982);
viii.
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accused (directors/ promoters), court case no., court name, date of filing of court case
for these entities. This information is available at the link:
http://www.sebi.gov.in/sebiweb/home/document_detail.jsp?
link=http://www.sebi.gov.in/cms/sebi_data/docfiles/21678_t.html
In addition to this, the court judgment details (along with a copy of the final court
orders) are also available on the SEBI website. This information is available at the
link:
http://www.sebi.gov.in/cms/sebi_data/attachdocs/1315992946034.pdf
History of CIS in India
In 1990s there were various instances of collection of money by numerous agro-based
and plantation companies, which eventually failed to provide any return on the
investments (despite promising around 18-30% returns) including the repayment of
principal amount. In this context, the Government of India, vide its press release dated
November 18, 1997, decided that an appropriate regulatory framework for regulating
entities which issue instruments like agro bonds, plantation bonds etc., will be put in
place. The government decided that the schemes through which such instruments are
issued would be treated as "Collective Investment Schemes" (CIS) coming under the
provisions of the SEBI Act.
Accordingly, SEBI vide its press release dated November 26, 1997 and December 18,
1997, prohibited collective investment schemes from sponsoring any new scheme till
the CIS regulations are notified. The press releases further stated that instruments such
as agro bonds, plantation bonds would be treated as CIS coming under the SEBI Act,
1992. All the companies having such activities were required to file information with
SEBI. Moreover, general public was also informed that no person can sponsor or
cause to be sponsored any new collective investment scheme and thereafter raise
further funds.
Meanwhile, a committee was formed under Dr. S.A. Dave to examine and finalize the
draft regulations for CISs. The committee submitted its report on 5th April 1999.
Subsequently, the notification of SEBI (Collective Investment Schemes) Regulations
1999 was issued on October 15, 1999. As per the CIS regulations, any person who has
been operating a Collective Investment Scheme at the time of commencement of the
CIS Regulations was required to make an application to SEBI for the grant of
registration under the provisions of the Regulation, within a period of two months
from the date of the notification. In case, such an application is rejected, the entity was
required to wind up its existing schemes in the manner as specified in the Regulations.
No entity was / is allowed to run a CIS scheme without obtaining the Certificate of
Registration from SEBI.
In 2013, in the backdrop of Sahara / Sharada scams, SEBI modified the definition of
CIS to include any scheme / arrangment floated by any person (instead of a company
as was defined earlier); and any such scheme with corpus of more than Rs. 100 Crore
shall also be deemed to be a CIS by SEBI.
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Compensatory Afforestation
Compensatory Afforestation (CA) refers to afforestation and regeneration activities
carried out as a way of compensating for forest land diverted to non-forest purposes.
Here "non-forest purpose" means the breaking up or clearing of any forest land or a
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but does not include any work relating or ancillary to conservation, development and
management of forests and wildlife, namely, the establishment of check-posts, fire
lines, wireless communications and construction of fencing, bridges and culverts,
dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.
CA is one of the most important conditions stipulated by the Central Government
while approving proposals for de-reservation or diversion of forest land for non-forest
use. The compensatory afforestation is an additional plantation activity and not a
diversion of part of the annual plantation programme.
Elements of Schemes for Compensatory Afforestation
The scheme for compensatory afforestation should contain the following details:-
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regulators.
Identification of Compensatory non-forest land for afforestation
As per the Forest (Conservation) Act 1980 and the Rules and Guidelines thereunder,
the non-forest land for Compensatory Afforestation (CA) are to be identified
contiguous to or in the proximity of Reserved Forest or Protected Forest, as far as
possible. In case, non-forest land for CA is not available in the same district, nonforest land for CA is to be identified anywhere else in the State/Union Territory. If non
forest land is unavailable in the entire State/ UT, funds for raising CA in double the
area in extent of the forest land diverted need to be provided by the user agency. The
non-availability of suitable non-forest land for CA in the State / Union Territory would
be accepted by the Central Government only on the Certificate of the Chief Secretary
to the State/Union Territory Government to that effect. However, in case of central
government/ central undertaking projects, extraction of minor mineral from the river
beds above 500 hectare, construction of link road, small water works, minor irrigation
works, laying of transmission line upto 220 KVA etc, CA fund is to be raised on
degraded forest land twice the forest area being diverted, without insisting for the
certificate of Chief Secretary regarding non-availability of non-forest land.
The CA funds are to be used towards the development, maintenance and protection of
forest and wildlife management. The funds for CA are to be recovered from the user
agencies on the basis of the rates fixed by the State Forest Department which are site
specific and varies according to the species, type of forest and site. The money
received for Compensatory Afforestation is to be used as per site specific schemes
submitted by the State along with the approved proposals for diversion of forest land.
After receipt of the money, State Forest Department is to accomplish the afforestation
for which money is deposited in the Compensatory Afforestation Fund within a period
of one year or two growing seasons.
To compensate for the loss of tangible as well as intangible benefits from the forest
lands which has been diverted for non forest use, the net present value of the land is to
be recovered from the user agencies to adequately compensate for the loss of natural
forests. Such funds were to be used for natural assisted regeneration, forest
management and protection, infrastructure development, wildlife protection and
management, supply of wood and other forest produce saving devices and other allied
activities.
Issues in implementation
Between 1980 and May 2004 about 9.21 lakh hectare of forest land had been diverted
for non forestry uses[1] and forest land aggregating up to 2.19 lakh hectare had been
diverted after the formation of Ad-hoc Compensatory Afforestation Fund Management
and
Planning
Authority
(CAMPA)
till
March
2015[2].
However, much of the money collected for CA remained idle as the states and the
Centre disagreed over the utilisation of such amount. Further, many states failed to
collect the CA funds from the user agencies. Appropriation of such funds for CA also
involved delay. Given such discrepancies in the implementation of compensatory
afforestation, some NGOs had approached the Honble Supreme Court for relief.
The Supreme Court in its order dated 3 April 2000, fixed the responsibility of ensuring
the proper carrying out of compensatory afforestation on Ministry of Environment and
Forests and said that it was for the Ministry to monitor the conditions stipulated at the
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created under public accounts of the Union of India and each State.
The Bill provides for among other things:
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Concession Agreement
In India, the term concession agreement is often used in the context of public private
partnership projects (PPP).
The contractual arrangement entered between a public entity and a private entity in a
PPP project, whereby the obligations of both the parties are clearly specified, is called
a concession agreement.
Also see
model concession agreements.
Concessionaire
The term Concessionaire denotes someone who holds or operates a concession. In a
public private partnership project, which is a contractual arrangement entered between
a public entity and a private entity, the private entity which is the holder of a
concession is defined as the concessionaire.
In India, typically a company incorporated under the provisions of the Companies Act,
1956 is the concessionaire for most of the public private partnership projects in
infrastructure. The selection of the concessionaire is mostly through open competitive
bidding.
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occupation specific and centre specific and are compiled by Labour Bureau. This
means that these index numbers measure changes in the retail price of the basket of
goods and services consumed by the specific occupational groups in the specific
centres. CPI(Urban) and CPI(Rural) are new indices in the group of Consumer price
index and has a wider coverage of population. This index compiled by Central
Statistical Organisation tries to encompass the entire population and is likely to
replace all the other indices presently compiled.
Consumer Price
Index(Rural)
Index(Urban)
and
Consumer
Price
The CPI(IW) and CPI(Al & RL) pertain to specific segment of population. Since these
indices do not cover all segments of population, it is difficult to ascertain the true
variations in the price level . To overcome this problem, a new index with a wider
coverage is now being computed, CPI(Urban) and CPI(Rural) by Central Statistics
Office under Ministry of Statistics and Programme Implementation.
This series of CPI has two components, one a representative of the entire urban
population, viz. CPI (Urban), and another for the entire rural population, viz. CPI
(Rural) These indices reflect the changes in the price levels of various goods and
services consumed by the urban and rural population respectively. The indices are
compiled at State/UT and all-India levels and are based on 2010 as base year. CPI
(urban) covers 310 towns while the span of CPI(rural) is 1181 villages. Index
Numbers for both rural and urban areas and also combined have been started from
January 2011 index onwards. Provisional indices based on the data available are first
released with the time lag of 30 days. Revised and final numbers with complete data
for all India and also for all the States/UTs will be released with a time lag of two
months.
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The Contingency Fund of India established under Article 267 (1) of the Constitution is
in the nature of an imprest (money maintained for a specific purpose) which is placed
at the disposal of the President to enable him/her to make advances to meet urgent
unforeseen expenditure, pending authorization by the Parliament. Approval of the
legislature for such expenditure and for withdrawal of an equivalent amount from the
Consolidated Fund is subsequently obtained to ensure that the corpus of the
Contingency Fund remains intact. The corpus for Union Government at present is Rs
500 crore (Rs 5 billion) and is enhanced from time to time by the Union Legislature.
The Ministry of Finance operates this Fund on behalf of the President of India.
Similarly, Contingency Fund of each State Government is established under Article
267(2) of the Constitution this is in the nature of an imprest placed at the disposal of
the Governor to enable him/her to make advances to meet urgent unforeseen
expenditure, pending authorization by the State Legislature. Approval of the
Legislature for such expenditure and for withdrawal of an equivalent amount from the
Consolidated Fund is subsequently obtained, whereupon the advances from the
Contingency Fund are recouped to the Fund. The corpus varies across states and the
quantum is decided by the State legislatures.
Contingent Asset
Government Accounting Standards Advisory Board (GASAB) constituted by
Comptroller and Auditor General of India (CAG) has issued Indian Government
Financial Reporting Standard (IGFRS) -5 on Contingent Liabilities (other than
guarantees) and Contingent Assets. This Standardprovide for disclosure requirements
of contingent liabilities (other than guarantees) and contingent assets of Union and
State Governments in their financial statements. The standards also define a
contingent
liability
and
asset.
As per IGFRS 5, Contingent asset is a possible asset that arises from past events and
whose existence will be confirmed only by the occurrence of one or more uncertain
future events not wholly within the control of the entity. Thus it is a potential future
asset for the Government and not a present asset. It arises from some past events and
its existence will be confirmed only by the occurrence of some future events. Its time
of payment, or the quantum of payment, or both, are uncertain.
eg. tax arrears, which are under litigation, may or may not flow to government
depending upon the final verdict by Courts. Similarly, ownership of land acquired, but
under litigation, may or may not come to government.
Contingent Liabilities
Contingent Liabilities of the Government are like insurance obligations, which are
contingent or conditional upon the occurrence of certain events, requiring payments
by the Government, who had promised or agreed in the past to make good such
liabilities, regardless of its financial health. It is a possible obligation and not a present
obligation. It arises from some past events and its existence will be confirmed only by
the occurrence of some future events. Its time of payment or the quantum of payment
or both are uncertain.
Contingent liabilities arise mainly because of sovereign guarantees. However, it goes
beyond that.
Types of Contingent Liabilities
A contingent liability may arise due to either explicit legal obligation or an implicit
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constructive obligation.
A legal obligation relates to specific government obligation defined by law or
contract, e.g., guarantees given against third party, crop insurance, tax refunds under
litigation, indemnities, etc.
A constructive or implicit obligation is an obligation that may arise when a
government indicates to other parties that it accepts certain responsibilities and has
created certain valid expectation on the part of those parties that it will discharge the
responsibilities. eg. Letter of comfort issued by governments (Union and States),
bailing out public sector insurance, banking and other entities, etc. This also represents
a moral obligation or expected burden for the government not in the legal sense, but
based on public expectations and political pressures. These liabilities arise out of the
fact that Government is always perceived as the "last resort".
On the basis of the provisions made for meeting such contingent liabilities, it can be
classified as either funded or unfunded liabilities. eg. the liability is funded in case of
sovereign guarantees (guarantee is given in return for a fee and the collected fee is
kept in a guarantee redemption fund). An unfunded Contingent Liability can arise due
to some natural / manmade calamity say Bhopal Tragedy related payments,
obligations on account of legislative changes with retrospective effect etc.
Need for Management of Contingent Liability
Report of the Internal Working Group on Debt Management (October 2008), chaired
by Shri. Jahangir Aziz and the report of the Financial Sector Legislative Reforms
Commission (FSLRC) (2013) which studied the issue of public debt management had
highlighted the importance of managing contingent liabilities in India. This is because,
there are close interconnections between contingent liabilities and debt issuance. For
instance, the invoking of guarantees can have a substantial impact on the risk
assessment of the public debt structure of the Central Government.
The Internal Working Group of Ministry of Finance for setting up an independent debt
management office, chaired by Shri. Jahangir Aziz, in its Report (October 2008) had
highlighted the following issues of contingent liabilities.
Making the nature and volume of these liabilities public will increase both
transparency and accountability in budgetary transactions.
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Hence the Aziz Committee had suggested the creation of a "National Treasury
Management Agency" to deal with such contingency liability management issues.
Following up on these recommendations, the Financial Sector Legislative Reforms
Commission (FSLRC) which submitted its report in 2013 suggested creating a Public
Debt Management Agency (PDMA) and was of the view that PDMA must manage
and execute implicit and explicit contingent liabilities of the Government. Further,
PDMA must evaluate the potential risk of these contingent liabilities and advise the
Central Government on charging appropriate fees. In addition, FSLRC advised that
the Government should be required to seek the public debt management agencys
advice before issuing any fresh guarantees since this has implications for the overall
stability of the public debt portfolio. Given this, FSLRC felt that the PDMA should
advise the Central Government on making provisions for contingent credit lines with
bilateral and multi-lateral agreements and establish similar credit lines with
international agencies. FSLRC felt that the management of contingent liabilities is a
specialised function that involves undertaking the risk assessment of clients.
Therefore, it felt that the public debt management agency should be allowed to
contract out in part or in entirety the management of contingent liabilities to outside
agencies if it so chooses.
The RBI Group to Assess Fiscal Risk of State Government Guarantees (2002) had
also analysed fiscal exposure of States to guarantees and made similar
recommendations regarding monitoring and pricing of guarantees.
Operational management of Contingent Liabilities in India
The FRBM Act 2003 mandates the Central Government to specify the annual target
for assuming contingent liabilities which are in the form of guarantees. Accordingly,
the FRBM Rules prescribe a cap of 0.5% of GDP in any financial year on the quantum
of guarantees that the Central Government can assume in the particular financial year.
In order to ensure greater transparency in its fiscal operation in public interest, the
FRBM rules require the Central Government, at the time of presenting the annual
financial statement and demand for grants, to make certain disclosure statements of
receivables and payables as detailed below:
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reports of PEO may be seen here.)The IEO is expected to strengthen this evaluation
process. The reports of IEO would be in the public domain.
The new IEO would be an important instrument in evaluating some of the important
programmes which account for huge plan resources and would come up with
recommendations highlighting the need for reforms of programmes for better
implementation and outcome. It would work on a network model by collaborating
with leading social science research organizations.
IEO would be headed by a Director General who is in the rank of Minister of State.
The first Director General is Dr. Ajay Chibber.
IEO in India is conceived on the lines of Independent Evaluation Office (IEO) of IMF.
Core inflation
Core Inflation is also known as underlying inflation, is a measure of inflation which
excludes items that face volatile price movement, notably food and energy. In other
words, Core Inflation is nothing but Headline Inflation minus inflation that is
contributed by food and energy commodities. To understand the concept in a better
way we can say that food and fuel prices may go up in the short run due to some
disturbance in the agriculture sector or oil economy. However, over the long term they
tend to revert back to their normal trend growth. On the other hand, prices of other
commodities do not fluctuate as regularly as food and fuel as such increase in their
prices could be taken relatively to be much more of a permanent nature. If this is so,
then it follows logically for Central Banks to target only core inflation, as it reflects
the demand side pressure in the economy. In practice too, the Reserve Bank of India
(RBI) and Central Banks around the World always keep an eye on the core inflation.
Whenever core inflation rises, Central Banks increase their key policy rates to suck
excess liquidity from the market and vice versa. It is, therefore, a preferred tool for
framing long-term policy.
Here it needs to be mentioned that, unlike core inflation, headline inflation also takes
into account changes in the price of food and energy. Since food and energy prices are
highly volatile, headline inflation may not give an accurate picture of how an
economy is behaving. Responding to headline inflation might therefore sometimes be
inappropriate as it generates excessive variability in the unemployment rate
variability that would be much more subdued when policy responds to core inflation.
This is because, it is important to distinguish between temporary (like seasonal
variation in fruits and vegetable prices) and permanent changes in prices. While
temporary changes would reverse and might not warrant attention, permanent changes
would require standard remedies involving monetary and fiscal policies. Research has
shown that headline inflation tends to revert strongly towards core inflation once the
temporary fluctuation in food and energy sector stabilizes.
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After Tax or PAT, generally reported by the companies for accounting purposes. For
instance, in the CSR arrangement, profit generated from the global arms (whether as a
separate company or branch) and dividends received from those other companies
incorporated in India, which are coming under CSR provisions, are excluded from the
calculation of net profit.
CSR norms are applicable only to companies (including foreign companies) registered
under the Companies Act, 2013 and not to other forms of body corporate like limited
liability partnerships.
CSR Rules are applicable to all companies including central public sector enterprises
(CPSEs). In case of public sector enterprises, Department of Public Enterprise (DPE)
had issued the first Guidelines on CSR in April 2010 which were revised effective
from April 2013. However, the above DPE guidelines have ceased to exist after CSR
Rules notified by Ministry of Corporate Affairs (MCA) came into effect on 1 April,
2014. Several CPSEs have known to have demanded that DPE should also issue
guidelines on CSR & Sustainability within the overall mandate of the Companies Act,
2013. The draft guidelines of DPE for CPSEs to supplement CSR Rules are presently
under consideration of MCA.
What are CSR eligible activities?
CSR fund can be utilized by companies only in India and not abroad. Activities which
are related to normal course of business are excluded from the purview of CSR
activities.
Schedule VII of the Companies Act specifies the list of items on which CSR fund can
be used and the same are given below (as substituted, vide Notification dated 27
February 2014, for the original provisions in the Companies Act, 2013):
Activities relating to:
measures for the benefit of armed forces veterans, war widows and their
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dependents;
contribution to the Prime Minister's National Relief Fund or any other fund set
up by the Central Government for socio-economic development and relief and
welfare of the Scheduled Castes, the Scheduled Tribes, other backward classes,
minorities and women;
With effect from 6 August 2014, slum area development was added to the CSR
eligible list.
Swachh Bharat Abhiyan and Clean Ganga Mission have also been included as
CSR activities under Schedule VII of the Companies Act, 2013 with effect from 24
October, 2014.
Contributions to political parties are not considered as an eligible CSR spending.
How to do CSR?
The CSR activities can be undertaken by the company as projects or programs or
activities (either new or ongoing), excluding activities undertaken in pursuance of its
normal course of business. It cannot be a project or program or activity that benefit
only the employees of the company and/or their families.
The Board of a company may decide to undertake its CSR activities approved by the
CSR Committee, through a registered trust or a society or through a company
established by it or its holding or subsidiary or associate company under section 8 of
the Act (earlier known as Section 25 companies or charitable or non-profit oriented
companies). The activities can also be undertaken through a registered trust or a
society or a Section 8 company if the same has three years of established track record
and is undertaken as per the company's specified norms on outcomes, monitoring etc.
A company can also collaborate with other companies for implementing CSR
activities provided there is neat separation of expenditures for reporting purposes.
CSR expenses are to be disclosed in annual reports of the companies and the CSR
policy and activities are to be published in their website.
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The kharif crops include rice, maize, sorghum, pearl millet/bajra, finger millet/ragi
(cereals), arhar (pulses), soyabean, groundnut (oilseeds), cotton etc. The rabi crops
include wheat, barley, oats (cereals), chickpea/gram (pulses), linseed, mustard
(oilseeds) etc.
Cultivators
If the Main worker is engaged in cultivation of land owned or held from Government
or held from private persons or institutions for payment in money, kind or share.
Cultivation includes effective supervision or direction in cultivation. A person
working on another person's land for wages in cash or kind or a combination of both
(agricultural labourer) is not treated as cultivator. Cultivation involves ploughing,
sowing, harvesting and production of cereals and millet crops such as wheat, paddy,
jowar, bajra, ragi, etc., and other crops such as sugarcane, tobacco, ground-nuts,
tapioca, etc., and pulses, raw jute and kindred fibre crop, cotton, cinchona and other
medicinal plants, fruit growing, vegetable growing or keeping orchards or groves, etc.
and does not include the plantation crops like tea, coffee, rubber, coconut and betelnuts (areca).
If a person is engaged in two or more activities for more than 4 hours a day,
then he is assigned two economic activities on which he spent relatively longer
time and intensity of 0.5 is given to each of them.
If a person works for more than 1 hour but less than 4 hours h/she is classified
as working(employed) for half day and seeking/available for work
(unemployed) or neither seeking nor available for work(outside the labour
force) for the other half of the day depending on whether he was
seeking/available for work or not.
If a person is not engaged in any work even for 1 hour during the day but was
seeking/available for work for more than 4 hours a day, then h/she is
classified as unemployed for full day. However if the person is reported
seeking/available for work for more than 1 hour but less than 4 hours, then
h/she is classified as unemployed for half day and not in labour force for
other half of the day.
If a person is neither working nor seeking/available for work even for half a
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day is classified as being outside the labour force for the entire day.
As can be seen from above, this approach is associated with persons-days and not to
persons. The person-days in employment for each day of the reference week is
aggregated to arrive at person-days of employment and unemployment (daily status)
in the economy.
The person-day unemployment rate is calculated as the ratio of person-days in
unemployment to the person-days in the labour force (i.e. person-days in employment
plus person days in unemployment).
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The Thirteenth Finance Commission (FC-XIII) has extended the DCRF, limited to
consolidation of their loans only, to the states of Sikkim and West Bengal during
2010-15, provided these states put in place their FRBM Acts as stipulated by FC-XIII.
Sikkim and West Bengal have now enacted their Fiscal Responsibility Legislations.
Rural local governments, in the form of Panchayats, were included in the chapter on
Directive Principles of the State Policy (Article 40). It stated that the states shall take
steps to organize village Panchayats and endow them with such powers and authority
as may be necessary to enable them to function as units of self government.
Immediately after independence and especially after the launch of the first 5-year
plan, the then Government of India launched massive development projects on one
hand and Community Development (CD) Programmes and National Expansion
Services for rural development, on the other. Mechanics of workings of Panchayats
and their significance in local governance received serious boost with the setting up of
the Balwant Rai Mehta Committee (constituted to study the impact of CD Programme
and National Extension Service) in 1957. The committee observed that the countrys
development cannot progress without the co-location of responsibility and power at
even the lower tiers of Government. Community development objectives can
materialize only when the Community understands its problems, realizes its
responsibilities, exercises necessary powers through chosen representatives and
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maintains a constant and intelligent vigil on the local administration. The committee
further observed that the character of the development programmes should change
from Governments programme with peoples participation to peoples programme
with Governments participation.
Journey towards political and administrative decentralization started with the
recommendations of the Mehta Committee. All the states enacted Panchayat Acts and
by 1960 Panchayats were established throughout India. But these steps could hardly
change ground realities as laws were weak and inexplicit. Local administrations
resisted devolution of functions and powers, regular elections to Panchayati
institutions were not held.
The country experienced significant political changes during mid-1970s, with which
the process of resurrection and strengthening of Panchayati Raj System regained
momentum. Many State Governments delegated authorities and schematic funds to
the Panchayats for implementing various development programmes. But in the
absence of appropriate statutes defining the role, functions, duties, authorities and
powers, the Panchayats were not successful enough to ensure de facto involvement of
people in development programmes. In most cases, Panchayats came about to be
nothing more than the State Governments agency for implementation of a few
programmes, and delivery of a few services.
Under-performance with regard to poverty alleviation, development and even social
assistance programmes to reach and benefit target groups (i.e. the rural poor)
disconcerted decision makers both within and outside Government. Demands for
suitable empowerment of Panchayats in order to mould them into effective self
governments started to gain momentum. It was argued that provisions of Article 40
were not enough to ensure development of village Panchayats the way it was desired.
Instead of leaving the issue entirely at their discretion, the states had to be bound by
some constitutional mandate.
This led to the 73rd amendment of the Constitution in 1992, given effect from April
24, 1993. This land-mark amendment of the Constitution declared the Panchayats as
units of self government, directed the states to devolve functions of 29 subjects
directly related to social and economic development of an area, made provisions for
resource sharing between the Panchayati Raj Institutions (PRIs) and Governments,
regular elections to local bodies, reservation of socially disadvantaged classes and
women etc.
In order to make sure that the people can have a say in the process of local
governance. The institution of Gram Sabha was given high importance.
Consultation with the Gram Sabha on all important matters including planning and
implementation of development programmes was made a necessary requirement. The
amendment, to a great extent, paved the way for decentralization of governance and
transforming village Panchayats as institutions of self government.
Effectiveness
Almost two decades have elapsed since the 73rd amendment of the Constitution.
Critics often argue the 73rd amendment, though very significant, left several things
relating to Panchayats to the states discretion. Government of Indias due emphasis
on the subject was evident from the fact that in the year 2004 the Ministry of
Panchayati Raj was again constituted. It held seven Round Tables with State Ministers
of Panchayats and compiled, as a series of recommendations, measures for effective
devolution of authority to the Panchayats and removal of obstacles in the way of their
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proper functioning.
It is widely recognized that effective decentralization is dependent on existence of the
following necessary conditions:
a) Strong political commitment from higher level authorities within the
Government.
Activity mapping which was supposed to be done by states as per resolution of the
State Panchayat Ministers round table has been done by quite a few states, but
implementation has often remained incomplete. Transfer of functionaries has also
remained mostly symbolic.
b) Autonomy of the local bodies in decision making and implementation of local
schemes:
Since Panchayats implement state and union government schemes they are required to
adhere to the guidelines without any authority to deviate even a little as per necessities
emanating from local conditions. In the absence of Panchayats own financial
resources they can hardly undertake programmes on their own in line with local
requirements. It is here that decentralization of political decision making needs to be
complimented by measures to ensure fiscal autonomy for PRIs so that such
institutions can muster necessary financial resources on their own to be truly selfreliant in local decision-making and its implementation.
It is however true that under the govt. sponsored schemes the schemes and / or
beneficiaries are selected by the Panchayats in the Gram Sabha meetings. But often
such meetings are captured by the village elites and the capacity of common villagers
to register their claims gets limited.
c) Availability of the internally generated resources at the local level:
In the federal system of governance that is existent in India, almost all the sources of
tax or non tax revenue come under the jurisdictions of the State and Union
Governments. This leaves little scope for local governments to generate resources on
their own. Their own revenue generation capacity remains limited vis-a-vis their
requirements and expenditure obligations. In view of this the constitution mandated
for setting up of the State Finance Commissions that would help determine the
devolution of states revenue to the local governments.
In this connection a few experiments towards effective decentralization in India can
be recalled:
i) In the mid-1980s the West Bengal Government initiated decentralized planning
process. The districts were asked to prepare district plans which were later integrated
for preparing the state plan. The objective of this effort of the State Planning Board
was to involve Panchayats in the planning process.
ii) Peoples plan initiative of Kerala during 1990s generated lot of enthusiasm. It was
possible to garner support of all political parties, educated citizens and government
officials. Personalities like EMS Namboodiripad, AK Antony were involved in it.
iii) West Bengal undertook another experiment of village level planning, in mid 1990s
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The chart below elucidates a list of different types of deficits that have been and are
being used in India.
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This is different from the Traditional Budget deficit in two ways1. Traditional Budget deficit includes 91-day treasury bills held by both, the RBI
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and non-RBI entities whereas Monetized deficit includes 91-day Treasury Bills
held only by the RBI.
2. Traditional Budget deficit includes only short-term sources of finance whereas
Monetized deficit includes long-term securities also.
(d) Primary Deficit Gross Primary deficit is defined as gross fiscal deficit minus net
interest payments. Net primary deficit, is gross primary deficit minus net domestic
lending.
(e) Revenue deficit Revenue deficit is defined as the difference between revenue
expenditure and revenue receipts. For a detailed exposition click here
(f) Effective revenue Deficit Introduced in 2011-12, it is defined as revenue deficit
minus that revenue expenditure (in the form of grants), which goes into the creation of
Capital Assets. For a detailed exposition click here
(g) Other measures of deficit Apart from these, there are various other types of
measures of deficit that are widely used internationally, like the Consolidated Public
Sector Deficit, which is the excess of expenditure over revenue for all the government
entities; Operational Deficit, which is the inflation-corrected deficit and is defined
as Consolidated Public Sector Deficit minus inflation rate times the debt stock;
Structural deficit which removes the effects of temporary movements in the
variables from their long-run values, thereby providing an idea of the long-run
position of the country after removing the impact of temporary shocks; and others.
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Deficit
Measure
Fiscal Deficit
Significance
Widely used as a summary indicator of the
macroeconomic impact of the budget in several
industrialized countries. This measure has been
adopted by the IMF as the principal policy
target in their programmes. In India, the
government began to report the fiscal deficit
only after 1991.
Since the shortfall in receipts over expenditure
must be covered through borrowing, therefore,
Gross Fiscal Deficit, gives the overall
borrowing requirements of the government over
a given financial year. And thus shows the net
addition to the level of public debt during a
financial year.
In the presence of the system of automatic
monetization of deficits through issuance of adhoc treasury bills, this measure of deficit,
becomes an important target to keep in check.
Budget Deficit
Monetized
Deficits
Primary
Deficits
Revenue
Deficit
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Also See
Fiscal Consolidation
Fiscal Responsibility and Budget Management Act
Public Debt
References
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Depository Receipts
A Depository Receipt (DR) is a financial instrument representing certain securities
(eg. shares, bonds etc.) issued by a company/entity in a foreign jurisdiction. Securities
of a firm are deposited with a domestic custodian in the firms domestic jurisdiction,
and a corresponding depository receipt is issued abroad, which can be purchased by
foreign investors. DR is a negotiable security (which means an instrument
transferrable by mere delivery or by endorsement and delivery) that can be traded on
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Sponsored: Where the Indian issuer enters into a formal agreement with the
foreign depository for creation or issue of DRs. A sponsored DR issue can be
further classied as:
Capital Raising: The issuer issues new securities which are deposited with
a domestic custodian. The foreign depository then creates DRs abroad for
sale to foreign investors. This constitutes a capital raising exercise, as the
proceeds of the sale of DRs go to the Indian issuer.
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Listed: Listed DRs are traded on organised exchanges. The most common
example of this are American Depository Receipts (ADRs) which are traded
on the New York Stock Exchange (NYSE).
Unlisted: Unlisted DRs are traded over the counter (OTC) between parties.
Such DRs are not listed on any formal exchange.
International experience
The most common DR programs internationally are:
ADRs: DRs issued in United States of America (US) by foreign rms are
usually referred to as ADRs. These are further classied based on the detailed
rules under the US securities laws. The classication is based on applicable
disclosure norms and consists of:
Level 1: These programs establish a trading presence in the US but cannot
be used for capital raising. They may only be traded on OTC markets, and
can be unsponsored.
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14
15
16
17
18
19
20
21
22
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underlying shares
under law
Mode of transfer of Not applicable
On
Exchange,
Off
underlying securities to
Exchange and tender
foreign depository
process
Pricing of underlying Listed shares as per Listed shares as per
securities at issue
SEBI rules; Unlisted SEBI
rules;
No
shares as per discounted restriction
on
other
cash ow method
securities
Issuer of underlying Any company- listed or Any issuer - listed or
securities
unlisted
unlisted
Whether
underlying No
Yes subject to certain
shares form part public
conditions
holding
Conversion
from Permissible
No change
underlying securities to
DRs and vice versa
Voting rights associated Foreign depository
No change
with
underlying
securities
Obligations
No explicit provision
Custodian, depository,
issuer and transferor of
underlying
securities,
holders of DRs
Market Abuse
No explicit provision
To be dealt by SEBI
Oversight
on FIU,
Enforcement No change
Prevention on money Directorate and SEBI
laundering
References
M.S. Sahoo. (November 2013). Report of the Committee to Review the FCCBs and
Ordinary Shares (Through Depository Receipt Mechanism) Scheme, 1993. New
Delhi: Ministry of Finance, Government of India.
Dumping
When goods are exported to another country at a price which is less than what it is
sold for in the home country or when the export price is less than the cost of
production in the home country, then those goods have been dumped.
Home Market Price Export Sales Price = Margin of dumping
The Department of Commerce in the Union Ministry of Commerce and Industry has
an Anti-dumping Unit which investigates cases where the domestic industry (domestic
producers) provide evidence that dumping has taken place by producers abroad. They
also defend cases where allegations of dumping are brought against Indian exporters
by foreign governments.
There is a well established process which is followed where questionnaires are sent to
all stakeholders and evidence is collected in a time-bound fashion to either prove or
disprove that dumping has taken place.
If the good is alleged to be dumped from a non-market country ( a country where there
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are considerable distortions to the market through government subsidies ) then the
Anti dumping cell will calculate what the normal price of the product should be in
the home market. The normal price will reflect the market price of the product had it
been produced in the exporting country without these subsidies. If necessary, the price
of such a commodity in a similar market ( say a neighbouring country at the same
level of development as the exporting country) will be considered as the normal price.
If there is evidence of dumping then the Government of India will levy an antidumping duty on that commodity for a period of five years and will review the need
for continuation of duty thereafter.
E-Biz
eBiz is one of the integrated services projects and part of the 31 Mission Mode Projects
(MMPs) under the National E-Governance Plan (NEGP) of the Government of India launched
in 2006.
It aims to create a business and investor friendly ecosystem in India by making all business
and investment related regulatory services across Central, State and local governments
available on a single portal. Process of applying for Industrial License & Industrial
Entrepreneur Memorandum are made online on 24X7 basis through eBiz Portal.In February
2015 eleven Central Government Services were added to eBiz portal. These services are
required for starting a business in the country - four services from Ministry of Corporate
Affairs, two services of Central Board of Direct Taxes, two services of Reserve Bank of India
and one service each from Directorate General of Foreign Trade, Employees Provident Fund
Organisation and Petroleum & Explosives Safety Organisation. Prior to e-biz, a business-user
availed these services either from the portal of respective Ministry/Department or by physical
submission of forms. With the integration of these services on eBiz portal, he/she can avail all
these services 24*7 online end-to-end i.e., online submission of forms, attachments, payments,
tracking of status and also obtain the license/permit from eBiz portal. As on date, a total of 14
Central Services have been integrated through the e-Biz Platform.
The focus of eBiz is to improve the business environment in the country by enabling fast and
efficient access to Government-to-Business (G2B) services through an online portal. This will
help in reducing unnecessary delays in various regulatory processes required to start and run
businesses.
The vision of eBiz is to be the entry point for all individuals, businesses and organizations
(local and international) who would like to do business or have any existing business in India
by creating a one-stop-shop of convenient and efficient online G2B services to the business
community, by reducing the complexity in obtaining information and services related to
starting businesses in India, and dealing with licenses and permits across the business lifecycle.
This project aims at creating an investor-friendly business environment in India by making all
regulatory information starting from the establishment of a business, through its ongoing
operations, and even its possible closure - easily available to the various stakeholders
concerned. In effect, it aims to develop a transparent, efficient and convenient interface,
through which the government and businesses can interact in a timely and cost effective
manner, in the future.
eBiz is being implemented by Infosys Technologies Limited (Infosys) under the guidance and
aegis of Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce &
Industry, Government of India.
E-gold/ silver / metals
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e-gold refers to electronic mode of holding gold and is essentially a financial instrument
traded in spot exchanges in India that enables its investors to invest their funds into gold in
smaller denominations and hold it in demat form (i.e, in electronic form). Investors buying
E-Gold and E-Silver can liquidate the same or convert into physical gold. Such e-contracts are
also available for a few metals like copper, zinc, platinum, lead etc.
For eg. the contract specifications for e-gold at the spot exchange -National Spot Exchange
Limited (NSEL) may be seen here.
Such commodity contracts are also meant for retail investors who prefer investing in
commodity stocks with a view to gain benefits from the volatility in the respective
commodities.
Eco-mark
Eco-mark is a voluntary labelling scheme for easily identifying environment friendly products.
The Eco-mark scheme defines as an environmentally friendly product, any product which is
made, used or disposed of in a way that significantly reduces the harm it would otherwise
cause the environment. The definition factors in all aspects of the supply chain, taking a
cradle-to-grave approach, which includes raw material extraction, manufacturing and
disposal.
What sets eco-mark apart from other labels is that not only does the product have to meet
strict environmental requirements, but it also has to meet strict quality requirements.
The scheme is one of Indias earliest efforts in environmental standards, launched in 1991,
even before the 1992 Rio Summit in which India participated. The scheme was launched by
the Ministry of Environment and Forests, and is administered by the Bureau of Indian
Standards (BIS), which also administers the Indian Standards Institute (ISI) mark quality
label, a requirement for any product to gain the Eco-mark label.
Educationally backward Districts
Educationally Backward District (EBDs), in contrast to Educationally Backward Blocks
(EBBs), is identified by University Grants Commission (UGC) for the purpose of planning
and allocation of funds for higher education, on the basis of gross enrolment ratio being less
than the national average.
Gross Enrolment Ratio (GER) is a gross measure that includes all enrolled in higher
education proportionate to population in the 18-23 years age group.
The following formula defines Gross Enrolment Ratio (GER) in Higher education =
All enrolled in post higher secondary classes x 100
Total population in 18-23 age group
Accordingly, 374 districts in India have been identified as Educationally Backward Districts
while there are around 3479 educationally backward blocks as identified by Ministry of
Human Resource Development.
Since 2007, UGC started identifying educationally backward districts based on the criterion of
Gross Enrolment Ratio (GER) being less than the National Average. Before that, UGC had
adopted overall literacy rates as the single indicator for disbursement of funds under the
educationally backward areas scheme during the Xth plan. Districts that had overall literacy
rates below the national average (i.e. 65.4 per cent) were identified as educationally backward.
Accordingly, the number of such districts, as per the Census 2001, was 294 for the country as
a whole. This criteria was abandoned in favour of gross enrolment ratio as the single indicator
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of literacy did not capture the complexities of educational backwardness in general and higher
education in particular. It was noted that in a developing country such as India there is high
rate of illiteracy, low enrolment rates and high drop out rate at the higher secondary school
level.
For more details, see UGCs report
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It may be noted that even though some grants may be allocated towards the creation of assets,
financial allocation does not always result in physical outcomes.
Grants for creation of capital assets, as a concept, was introduced in the FRBM Act through
the amendment in 2012. The Act defines grants for creation of capital assets as grants-in-aid
given by the Central Government to state governments, autonomous bodies, local bodies and
other scheme implementing agencies for creation of capital assets which are owned by these
entities.
In short, Effective Revenue Deficit is the difference between revenue deficit and grants for
creation of capital assets. Effective Revenue Deficit signifies that amount of capital receipts
that are being used for actual consumption expenditure of the Government.
Effective revenue deficit has now become a new fiscal parameter and same is targeted to be
eliminated by the 31st of March 2015 and keep it at that level in the future, as per the
Amendments made in 2012 to Fiscal Responsibility and Budget Management Act.
However, the 14th Finance Commission observed that the concept of effective revenue deficit
is not recognised in the standard government accounting process.Under the Constitution, there
are only two categories of expenditure- expenditure on the revenue account and other
expenditure which is broadly expressed as capital expenditure. Hence, according to the
Commission, the artificial carving out of the revenue account deficit into effective revenue
deficit to bring out that portion of grants which is intended to create capital asset at the
recipient level leads to an accounting problem and raises the moral hazard issue of creative
budgeting. The Commission recommend that the Union Government should consider making
an amendment to the FRBM Act to omit the definition of effective revenue deficit from 1
April 2015.
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governments who implement these schemes, funds not being transferred on time, inadequate
assessment of requirement of the scheme in the region or lacuna in the design of the scheme.
This raises the question of capacities that enable states to deliver inclusive development.
Effective State in terms of capacity of officials who are responsible for implementing
schemes, proper institutional mechanism to monitor and evaluate the schemes, proper
designing of schemes as per the requirement of the State. The other factor for securing
inclusive development is political commitment. Development can be inclusive only if all
groups of people contribute to creating opportunities, share the benefits of development and
participate in decision-making.
Electoral Trust
Electoral Trust is a Section 25 Company or a non-profit company created in India for orderly
receipt of the voluntary contributions from any person and for distributing the same to the
respective political parties, registered under Section 29A of the Representation of People Act,
1951.
Objective
The objective of the Electoral Trust is not to earn any profit or pass any direct or indirect
benefit to its members or contributors. The sole objective is to distribute the contributions
received by it to the political party concerned. This is a mechanism for bringing transparency
and sanity in the political party funding.
Central Board of Direct Taxes (CBDT) notified(Notification No. 9/2013/SO 309(E)), the
operational guidelines- Electoral Trust Scheme 2013- on 31 January 2013, to lay down a
procedure for grant of approval to an electoral trust. It is mandated that such electoral trusts
have to be registered as a Section 25 Company and should bear the phrase electoral trust in
its name. In the new Companies Act 2013, provisions corresponding to Section 25 are given at
Section 8.
Recognition of Electoral Trust
The electoral trust will have to apply to CBDT on or before 31 July of the previous year
relevant to the assessment year for which the approval is sought. Approval may be given for
one year or 3 years at a stretch, as specified in the approval communication. Approval can be
withdrawn by the CBDT if it is satisfied that the Electoral Trust ceased to exist, or is not
genuine or have not complied with the specified conditions. CBDT is empowered to call for
information from the electoral trust.
Fund raising by political parties
Section 29B of the Representation of People Act, 1951, provides that subject to the provisions
of the Companies Act, every political party may accept any amount of contribution voluntarily
offered to it by any person or company other than a Government company. Here the word
person does not include Government company, local authority or artificial juridical person
wholly or partiallyfunded by the Government.
Further, no political party shall be eligible to accept any contribution from any foreign source
defined under the Foreign Contribution (Regulation) Act, 2010. The Citizens charter issued
by the Ministry of Home Affairs has clarified that foreign contribution cannot be accepted by
a candidate for election, member of any legislature, political party or office bearer thereof.
Section 182 of the Companies Act, 2013 specifies that a company which has been in existence
for more than three years can contribute to political parties upto 7.5% of its average net profit
earned during the three immediately preceding financial years, provided the same is approved
through a resolution passed at a meeting of the Board of Directors of the Company. A
company can also make contributions within the above limits and restrictions to Electoral
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Trusts.
Tax treatment of political contributions
The tax treatment for the contributions made by companies and persons / individuals for
political party funding is specified in Section 80GGBand Section 80GGC, respectively of the
Income Tax Act,1961.
In case of an Indian company,any sum contributed by it in the previous year to any political
party or an electoral trust shall be deductible from the income tax liability. Same is the case
for any contributing person, provided, the person is not a local authority or artificial
juridical person wholly or partly funded by the Government.
However, no deduction shall be allowed in respect of any sum contributed by way of
cash.This provision was made to the Income Tax Act, vide the Finance Act, 2013, with effect
from 1-4-2014.
Empowered Group of Ministers (EGoM)
Empowered Group of Ministers (EGoM) is a Group of Ministers (GoM) of the Union
Government who, after being appointed by the Cabinet, a Cabinet Committee or the Prime
Minister for investigating and reporting on such matters as may be specified, are also
authorised(empowered) by the appointing authority to take decisions in such matters after
investigation.
While a GoM investigates and reports to the Cabinet, which takes the decision, an EGoM
additionally takes decisions on matters it is authorised for, and such decisions have the force
of the Government decision.
Both EGoM as well as the GoM get appointed under the Government of Indias Transaction
of Business Rules 1961, which at para 6 (4) provides that Ad hoc Committees of Ministers
including Group of Ministers may be appointed by the Cabinet, the Standing Committees of
the Cabinet or by the Prime Minister for investigating and reporting to the Cabinet on such
matters as may be specified, and, if so authorised by the Cabinet, Standing Committees of the
Cabinet or the Prime Minister, for taking decisions on such matters.
Rule 6(6) further provides that any decision taken by a Standing or Ad hoc Committee may
be reviewed by the Cabinet. Therefore decisions in a matter taken by EGoM remain subject
to review by the Cabinet at the latters discretion.
The list of existing EGoM's may be seen from the website of Cabinet Secretariat.
Latest Status of GoM / EGoM
As part of empowering the Ministries and Departments, the Prime Minister on 31 May 2014
decided to abolish all the existing nine Empowered Group of Ministers (EGoMs) and twentyone Groups of Ministers (GoMs). This is expected to expedite the process of decision making
and usher in greater accountability in the system. The issues pending before the EGoMs and
GoMs will be processed by respective Ministries /Departments to take appropriate decisions
at the level of Ministries and Departments itself. Wherever the Ministries face any difficulties,
the Cabinet Secretariat and the Prime Ministers Office will facilitate the decision making
process.
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System (CMS) with clearing house mechanism for query redirection by the user from the
Portal to the specific ENVIS Centre. The users are able to search the entire ENVIS network
websites from the Portal. A subject catalogue for all the Centres are also maintained centrally.
The benefit of the Scheme is that a decentralized comprehensive information network
functions in the country to provide relevant and timely information to various users. It
provides interactive access to environmental information electronically for each user, as and
when needed. Such a system would not only provide backup support for conducting
pioneering research in the field of environment but also provides a support system for
decision making at National/ State/ local bodies. It also supports the various missions
undertaken by the Ministry of Environment & Forests.
Equalization
The concept of equalization is considered to be a guiding principle for fiscal transfers as it
promotes equity as well as efficiency in resource use. Equalization transfers aim at providing
citizens of every state a comparable standard of service provided their revenue effort is also
comparable. In other words, equalization transfers neutralize deficiency in fiscal capacity but
not in revenue effort. Under such an approach, transfers are determined on normative criteria
in contrast to gap filling based on projected historical trend of revenue and expenditure.
Twelfth Finance Commission made use of the concept and recommended Equalisation
Grants to achieve partial equalization of expenditure of services in two sectors, namely
education and health across different states. Since full equalisation of expenditure would have
required steep step up in grants, the Commission restricted itself to partial equalization. The
grants were fixed on the basis of two-stage normative measure of equalisation. In the first
stage, states with low expenditure preference (i.e. states which had lower expenditure on
education/health as proportion of total revenue expenditure) were identified and benchmarked
to average expenditure on education/health (as proportion of adjusted total revenue
expenditure) incurred by respective groups, i.e., special and general category states. In the
second stage, states which had lower per capita expenditure than the group average, even after
adjustment made in first stage, were identified and grants to the extent of 15 per cent of the
difference between per capita expenditure of the state on health and average per capita
expenditure of the group and to the extent of 30 percent of the difference between per capita
expenditure of the state on health and average per capita expenditure of the group were
provided.
Accordingly, equalization grants were provided under education to eight States and under
health to seven States, where level of revenue expenditure was lower relative to average
expenditure http://fincomindia.nic.in/ShowContentOne.aspx?id=8&Section=1.
Escrow Account
An escrow account in simple terms is a third party account. It is a separate bank account to
hold money which belongs to others and where the money parked will be released only under
fulfilment of certain conditions of a contract. The term escrow is derived from the French term
escroue meaning a scrap of paper or roll of parchment, an indicator of the deed that was
held by a third party till a transaction is completed. An escrow account is an arrangement for
safeguarding the seller against its buyer from the payment risk for the goods or services sold
by the former to the latter. This is done by removing the control over cash flows from the
hands of the buyer to an independent agent. The independent agent, i.e, the holder of the
escrow account would ensure that the appropriation of cash flows is as per the agreed terms
and conditions between the transacting parties.
Escrow account has become the standard in various transactions and business deals. In India
escrow account is widely used in public private partnership projects in infrastructure. RBI has
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also permitted Banks (Authorised Dealer Category I) to open escrow accounts on behalf of
Non Resident corporates for acquisition / transfer of shares/ convertible shares of an Indian
company.
Essential Commodities Act (ECA)
The Essential Commodities Act, 1955 was enacted to ensure the easy availability of essential
commodities to consumers and to protect them from exploitation by unscrupulous traders. The
Act provides for the regulation and control of production, distribution and pricing of
commodities which are declared as essential. The Act aims at maintaining/increasing
supplies/securing equitable distribution and availability of these commodities at fair prices.
The enforcement/ implementation of the provisions of the Act lies with the State/UT
Governments.
The list of essential commodities is reviewed from time to time with reference to their
production and supply and in the light of economic liberalization in consultation with the
concerned Ministries/Departments administering these commodities. Currently, the
restrictions like licensing requirement, stock limits and movement restrictions have been
removed from almost all agricultural commodities. Wheat, pulses and edible oils, edible
oilseeds and rice are the exceptions, where States have been permitted to impose some
temporary restrictions in order to contain price increase of these commodities.
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reason for almost four advance estimates before arriving at the final estimate is due to the
large variations in crop seasons across the country and the resulting delay in the compilation
of yield estimates based on crop cutting experiments. Agriculture is a State subject and the
Central Government depends on the State Governments for accuracy of these estimates. For
this purpose State Governments have set up High Level Coordination Committees (HLCC)
comprising, inter-alia, senior officers from the Department of Agriculture, Economics &
Statistics, Land Records and NSSO (FOD), IASRI, DES from Central Government for sorting
out problems in preparation of these estimates in a timely and orderly manner.
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improving the financial health of sugar sector and also liquidation of cane dues of farmers.
As per the estimates given in Auto Fuel Vision and Policy 2025 issued in May 2014, blended
petrol is available only in 13 states and the average blend is 2%.
Hence, in order to improve the availability of ethanol, the Government, on December 10,
2014, fixed the price of Ethanol in the Range of Rs. 48.50 to Rs. 49.50, depending upon the
distance of distillery from the depot/installation of the OMCs. (The rates are inclusive of all
central and statutory levies, transportation cost etc, which would be borne by the Ethanol
suppliers). Further, ethanol produced from other non-food feedstocks besides molasses, like
cellulosic and ligno cellulosic materials including petrochemical route, has also been allowed
to be procured subject to meeting the relevant Bureau of Indian Standards (BIS)
specifications.
References
Ministry of Petroleum and Natural Gas (MoPNG) Press release dated 23 August 2013
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External Debt
At a point in time, Gross External Debt, is defined as the outstanding amount of those actual
current liabilities, that require payment(s) of principal and/or interest by the debtor, in the
future as per the terms laid out in the contract between the debtor and the creditor and that are
owed to non-residents by the residents of the economy.
The definition of gross external debt includes debt incurred by both the Government and the
private sector(s) of the economy but does not take into account contingent liabilities that are
liabilities arising in the event of specific occurrences covered by the debt contract viz. default
by a debtor on the principal and/or interest of a credit.
In India, (Gross) External Debt is classified primarily into the following heads:
(i) Original and Residual (Remaining) Maturity; Original Maturity is defined as the period
encompassing the precise time of creation of the financial liability to its date of final maturity
while Residual (or Remaining) Maturity includes short term debt by Original Maturity of up
to one year and long-term debt repayment by Original Maturity falling due within the twelve
month period following a reference date.
(ii) Long and Short Term Debt; Long Term Debt is defined as debt with an Original Maturity
of more than one year while Short Term Debt is defined as debt repayments on demand or
with an Original Maturity of one year or less.
Long-Term debt is further classified into (a) Multilateral Debt (b) Bilateral Debt (c) IMF
signifying SDR allocations to India by the IMF (c) Export Credit (d) (External) Commercial
Borrowings (e) NRI Deposits and (d) Rupee Debt. Short Term Debt is classified into (a) Trade
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Credits (of up to 6 months and above 6 months and up to 1 year) (b) Foreign Institutional
Investors (FII) Investment in Government Treasury-Bills and Corporate Securities (c)
Investment in Treasury-bills by foreign Central Banks and International Institutions etc. and
(iv) External Debt liabilities of the Central Bank and Commercial Banks.
(iii) Sovereign (Government) and Non-Sovereign Debt; Sovereign Debt includes (a) External
Debt outstanding on account of loans received by the Government of India (GoI) under the
External Assistance programme and the civilian component of Rupee Debt (b) Other
Government debt comprising borrowings from the IMF, defence debt component of Rupee
Debt and foreign currency defence debt and (c) FII investment in Government Securities. All
remaining components of External Debt get categorized as Non-Sovereign External Debt.
Multilateral Debt includes debt from Multilateral Creditors that primarily are Multilateral
Institutions such as the International Development Association (IDA), International Bank for
Reconstruction and Development (IBRD), Asian Development Bank (ADB) etc. Bilateral
Debt includes debt from sovereign countries with whom sovereign and non-sovereign entities
enter into one-to-one loan arrangements. Japan and Germany are the two major bilateral
creditors in the case of India.
Apart from the above classifications, publications disseminating data on External Debt also
provide information on the borrower-wise, instrument-wise and currency composition of such
Debt.
Factory
Under the Factories Act 1948, factory means any space where ten or more workers are
working or were working on any day in the preceding 12 months. They should be engaged in
a manufacturing activity with the aid of power. Alternatively, when twenty or more workers
are working in such a process without power, such a space would also be a factory. It excludes
a mine , a mobile operation unit of armed forces, a railway running shed, hotel, restaurant or
any eating place.
Finance Bill or Finance Act
Finance Bill is a secret bill introduced every year in Lok Sabha (Lower chamber of the
Parliament) immediately after the presentation of the Union Budget, to give effect to the
financial proposals of the Government of India for the immediately following financial year.
Rule 219 of the Rules of Procedure of Lok Sabha defines a Finance Bill to also include a Bill
that gives effect to supplementary (additional) financial proposals for any period.
The Finance Bill is presented at the time of presentation of the Annual Financial Statement
before Parliament, in fulfillment of the requirement of Article 110 (1)(a) of the Constitution,
detailing the imposition, abolition, remission, alteration or regulation of taxes proposed in the
Budget. It is through the Finance Act that amendments are made to the various Acts like
Income Tax Act 1961, Customs Act 1962 etc.
In short, Finance Bill can be considered as an umbrella Act. However, being an Act of the
Parliament, the various chapters of Finance Act independently also exist and is hence
enforceable. For instance, a Commodity Transaction Tax was imposed through Chapter VII of
the Finance Act of the year 2013. Similarly the service tax was introduced through Chapter V
of the Finance Act of 1994.
When the proposals are introduced to the Parliament it is called as a Finance Bill. Once it is
passed by the Parliament and assented to by the President, Finance Bill becomes the Finance
Act for that year. (For instance, Union Budget 2015-16 for the Financial Year starting from
April 2015 to March 2016, would be presented in February 2015 and would be accompanied
by Finance Act, 2015 indicating the year (2015) in which the Act is passed.)
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Finance Bills for various years may be seen at the site http://indiabudget.nic.in/ and the
Finance Acts of various years may be seen here.
The different clauses in the Finance Act may get notified eventually, but at different times
based on the readiness of the stakeholders and implementing agencies.
To facilitate understanding of the taxation proposals contained in the Finance Bill, the
provisions and their implications are explained in the document titled Memorandum
Explaining the Provisions of the Finance Bill.
In election years there would usually be two Finance Bills one by the outgoing Government
presented alongwith its interim budget or votes on account and another by the new
Government which is titled as Finance Bill (No. 2) of that year.
Finance Bill Vs Appropriation Bill
While the Finance Bill generally seeks approval of the Parliament for raising resources
through taxes, cess etc., an Appropriation Bill seeks Parliament's approval for the withdrawal
from the Consolidated Fund of India to meet the approved expenditures of the Government.
For more details on Appropriation Bill see here.
Both Finance Bill and Appropriation Bill are money bills.
Finance Bill Vs Money Bill
A Finance Bill is a Money Bill but not all money bills are Finance Bills. Under Article 110(1)
of the Constitution a money bill is defined as follows
110(1)a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or
any
of
the
following
matters,
namely:
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the
Government of India, or the amendment of the law with respect to any financial obligations
undertaken
or
to
be
undertaken
by
the
Government
of
India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of
moneys into or the withdrawal of moneys from any such fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of
India or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of
India or the custody or issue of such money or the audit of the accounts of the Union or of a
State;
or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
(2.) A Bill is not deemed to be Money Bill by reason only that it provides for the imposition of
fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees
for services rendered, or by reason that it provides for the imposition, abolition, remission,
alteration or regulation of any tax by any local authority or body for local purposes.
Finance Bill is generally limited to Article 110(1)(a) & (g) - the imposition, abolition,
remission, alteration or regulation of any tax and any matter incidental thereto.
More about money bills may be seen in the Legislative Procedures of Lok Sabha and Rajya
Sabha.
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It can be introduced only in the Lok Sabha (lower chamber of the Parliament)
The bill is placed in Rajya Sabha (Upper chamber of the Parliament) thereafter and
Rajya Sabha can return the Bill with or without its recommendations.
In any case, the Bill has to be returned within a period of 14 days from the date of its
receipt by Rajya Sabha. Otherwise it is deemed to have been passed by both Houses
at the expiration of the said period in the form in which it was passed by Lok Sabha.
If the bill is returned to Lok Sabha without recommendation, a message to that effect
is reported by the Secretary-General to the Lok Sabha if in session, or published in the
Bulletin for the information of the members of the Parliament, if it is not in session.
The Bill shall then be presented to the President for his assent.
If the bill is returned to the Lok Sabha with amendments it has to be laid on the Table
of the House and taken up for consideration.
However, Lok Sabha is not bound to accept these amendments. Lok Sabha, under
Article 109 of the Constitution, has the option to accept or reject all or any of the
recommendations made by Rajya Sabha. In any case, Lok Sabha has to inform Rajya
Sabha about the status of their recommendations, as to whether they have been
accepted or not. It is not that Lok Sabha does not accept any of the recommendations
of Rajya Sabha. For instance, in the Income Tax Bill, 1961, Rajya Sabha did
recommend a number of amendments of substantial character, all of which were
agreed to by Lok Sabha.[1]
If Lok Sabha accepts any amendments as recommended by the Rajya Sabha, the Bill
shall be deemed to have been passed by both the Houses of the Parliament with the
amendments recommended by the Rajya Sabha and accepted by the Lok Sabha and a
message to that effect has to be sent to the Rajya Sabha.
If Lok Sabha does not accept the recommendations of the Rajya Sabha, the Bill shall
be deemed to have been passed by both the Houses in the form in which it was
passed by the Lok Sabha without any of the amendments recommended by the Rajya
Sabha.
In all other bills final passing of the bill happens at Rajya Sabha. In case of money
bills, final passing happens at Lok Sabha and then it is sent to the President for his
assent.
Unlike other bills, the President cannot return the Money Bill with his
recommendations to the Lok Sabha for reconsideration.
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Finance Bill route is generally not adopted to introduce important policy amendments with far
reaching consequences, for which usually a separate bill is preferred.
Can Finance Bill contain non-tax proposals?
Finance Bill/Act normally deals with income tax, customs, service tax, central excise, cess
and related aspects and is intended to help implement the Budget. Of late, Finance Bills are
also used to introduce one or two amendments in certain Acts such as UTI Act or FRBM Act,
Securities Contracts Regulation Act, Forward Contracts Regulation Act, Foreign Exchange
Management Act, Prevention of Money Laundering Act, etc. Such amendments are usually
presented under the Miscellaneous Chapter of the Finance Bill.
Finance Bill, 2015 came under criticism for incorporation of many policy amendments (like
setting up of a Public Debt Management Agency, Repeal of Government Securities Act,
Amendments to RBI Act etc to shift regulatory jurisdiction over various segments of the
financial markets ) which did not technically qualify to be in the Finance Bill. Many members
of the Parliament demanded that the bill be withdrawn and a new bill be introduced. Some
argued that the inclusion of non-taxation proposals in the Finance Bill, which is a Money Bill,
would curtail the power of Rajya Sabha to amend those provisions. Consequent to this,
Government withdrew some of those controversial policy amendments from the Finance Bill,
2015[2]. The debate in Lok Sabha on 30 April 2015 and the Ruling of the Speaker in this
regard may be seen.
Honble Speaker clarified that as per Rule 219 of the Rules of Procedure of Lok Sabha, the
primary object of a Finance Bill is to give effect to the financial proposals of the Government.
At the same time, this Rule does not rule out the possibility of inclusion of non-taxation
proposals. Therefore, a Finance Bill may contain non-taxation proposals also. But the fact is
that a well-established practice of Lok Sabha has been not to include non-taxation proposals
in not only a Finance Bill but also other Bills containing taxation proposals unless it is
imperative to include such proposals on constitutional or legal grounds. Therefore, Speaker
ruled that every effort should be made to separate taxation measures from other matters unless
it is impossible on constitutional or legal grounds or some such unavoidable reasons, to do so
in a particular case.
Finance Bill Vs Financial Bill
Finance Bill is different from a Financial Bill which is defined under article 117(1) of the
Constitution. Money bills including Finance Bills are a subset of Financial Bills.
Whereas a Money Bill deals solely with matters specified in article 110(1) (a) to (g) of the
Constitution, a Financial Bill does not exclusively deal with all or any of the matters specified
in the said article. It may contain some other provisions also.
Financial Bills can be divided into two categories.
In the first category are Bills which contain provisions attracting article 110(1)(a) to
(f) of the Constitution. They are categorized as Financial Bills under article 117(1) of
the Constitution. It is a Bill which has characteristics both of a Money Bill and an
ordinary Bill. As in the case of a Money Bill, firstly, it cannot be introduced in Rajya
Sabha, and secondly, it cannot be introduced except on the recommendations of the
President. Except these two points of difference, a Financial Bill in all other respects
is just like any other ordinary Bill. That is other restrictions in regard to Money Bills
do not apply to this category of Bills. Financial Bill under article 117(1) of the
Constitution can be referred to a Joint Committee of the Houses.
In the second category are those Bills which contain provisions which on enactment
would involve expenditure from the Consolidated Fund of India. Such Bills are
categorised as Financial Bills under article 117 (3) of the Constitution. Such Bills can
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Regulation and supervision of such large and diversified financial institutions assumes special
significance considering the system wide damage that their failure could potentially cause.
Fears of such damage lead to costly bank bail-outs by governments, as was seen in the United
States and Western Europe during the course of theglobal financial crisis.
Thus, it may be potent to look at the institutions perceived as too big and complex to fail in
a different league, requiring specific measures to reduce the systemic risks these institutions
pose. Measures used by financial regulators include specific additional capital, liquidity and
other prudential requirements as well as other measures to reduce the complexity of group
structures and, where appropriate, encourage stand-alone subsidiaries.
Defining Too Big to Fail- FSBs definition on SIFIs
What is too big and complex to fail was left to the judgment of the regulators and
governments. When the US Government bailed out the AIG and not Lehman Brothers many
questions were asked and debated on why this move; what kind of financial institutions are
too big to fail or are systematically important for the financial system.
Post the global financial crisis, the Financial Stability Board (FSB) undertook work in this
area and defined a systemically important financial institution (SIFIs)as financial institutions
whose distress or disorderly failure, because of theirsize, complexity and systemic
interconnectedness, would cause significantdisruption to the wider financial system and
economic activity. In November 2011, the FSB published the first list of 29 global
systemically important financial institutions (G-SIFIs), based on the methodology set out in
the Basel Committee on Banking Supervision (BCBS) document Global systemically
important banks: Assessment methodology and the additional loss absorbency
requirement,using data as of end-2009.
International efforts at regulation and supervision of financial conglomerates
The Bank for International Settlements (BIS) set up a Joint Forum in 1996 under the aegis of
the BCBS, the International Organization of Securities Commissions (IOSCO) and the
International Association of Insurance Supervisors (IAIS) to deal with issues common to the
banking, securities and insurance sectors, including the regulation of financial
conglomerates.The Joint Forum published various reports in February and December 1999
that together provided an initial framework for the supervision of financial conglomerates (the
1999 Principles).The Joint Forum's objective in preparing these Principles is to provide
national regulators with a set of internationally agreed principles that support consistent and
effective supervision of financial conglomerates, particularly those financial conglomerates
which have international presence. These principles cover issues in supervisory powers and
authority; supervisory responsibility; capital adequacy and liquidity; corporate governance
and risk management.The Forum issued its final report on Principles for the Supervision of
Financial Conglomerates in September, 2012.
Until the outbreak of the global financial crisis in 2007-08, the work on the regulation and
supervision of financial conglomerates was progressing separately in different countries, with
limited international efforts, considering that there was no major pressure to expedite and
streamline policies in this regard. With an important role played by financial conglomerates in
the precipitation of the global crisis, the design of policy towards financial conglomerates has
now been largely subsumed under that for systemically important financial institutions
(SIFIs), referred commonly as Too Big to Fail.
Amongst the issues widely debated during the deliberations leading to the Dodd-Frank Wall
Street Reform and Consumer Protection Act 2010 in the US was how to address risks posed
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by SIFIs. During the same period, the FSB issued a report titled Reducing the moral hazard
posed by systemically important financial institutions, addressing policy towards SIFIs. This
set out a framework that is broadly consistent with the provisions of the Dodd-Frank Act.
The G20, at its Pittsburgh meeting of September, 2009, mandated the FSB to propose
measures to address the problems of Too Big to Fail associated with SIFIs. The FSB
proposed a framework in response to this mandate, with the objective of improving the
capacity to resolve SIFIs in financial distress or insolvency, while minimising the costs to
taxpayers; reducing the probability of SIFI failures and their impact if they occur nonetheless;
and strengthening the infrastructure of financial markets to reduce the risk of the spreading of
contagion as a result of weaknesses of this infrastructure.
As pointed out above, in November, 2011, the FSB issued a list of G-SIFIs. It also announced
a package of policy measures for them, including, inter-alia, a requirement that individual GSIFIs have recovery and resolution plans, informed by resolvability assessments, and that
home and host authorities develop institution-specific cooperation agreements and crossborder crisis management groups. It also recommended improving data systems for risk
management at SIFIs and assessments of the adequacy of supervisory resources.
The next steps for the SIFI projects are extension of the global SIFI framework to domestic
SIFIs and the peer review council (PRC) framework.
The Indian context
The RBI set up an inter-regulatory Working Group in 2004 to propose a list of financial
conglomeratesbased on set criteria and advise on a monitoring/reporting system for them. The
Group submitted its report in June 2004. The basic building blocks of the new framework
proposed by the Group included identifying Financial Conglomerates that would be subjected
to focused regulatory oversight; capturing intra-group transactions and exposures (which are
not being captured now) amongst entities within the identified financial conglomerate and
large exposures of the groups to other financial conglomerate as well as outside
counterparties;identifying a designated entity within each financial conglomerate that would
collate data in respect of all other group entities and furnish the same to its regulator (principal
regulator for the group); and formalising a mechanism for inter-regulatory exchange of
information.
How and to what extent the recommendations of this group were implemented is not well
documented. However, there is a RBI notification of January, 2010 which defines FC as a
cluster of companies belonging to a Group which has significant presence in at least two
financial market segments out of banking business, insurancebusiness, Mutual Fund business
and NBFC business (deposit taking and non-deposittaking). What constitutes significant
presence in each of the market segments is also defined. Size of the balance sheet (onbalance sheet and off-balance sheet items); volume of financial activities of the subsidiaries/
associates and substantial nature of intra-group transactions and exposures are some indicators
which determine the significance of financial groups in the Indian context.
In March 2013, the financial sector regulators (Reserve Bank of India, Securities and
Exchange Board of India, Insurance Regulatory and Development Authority and Pension
Fund Regulatory and Development Authority)signed a Memorandum of Understanding
(MoU) for co-operation in the field of consolidated supervision and monitoring of financial
groups identified as financial conglomerates.
Since India is a member of FSB, it is committed to pursuing the reforms agenda outlined by it
in the area, among others, of regulation and effective supervision of financial conglomerates
in the country. This is a work in progress under the FSB umbrella.
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Financial Inclusion
Access to safe, easy and affordable credit and other financial services by the poor and
vulnerable groups, disadvantaged areas and lagging sectors is recognized as a pre-condition
for accelerating growth and reducing income disparities and poverty. In view of this, Financial
Inclusion has been identified as a key dimension of the overall strategy of Towards Faster
and More Inclusive Growth envisaged in the eleventh Five Year Plan (2007-12).
Defining financial inclusion is considered crucial from the viewpoint of developing a
conceptual framework and identifying the underlying factors that lead to low level of access
to the financial system. Review of literature suggests that there is no universally accepted
definition of financial inclusion.
Sometimes, it is easier to define a phenomenon, by stating what it is not, i.e., define financial
exclusion (rather than inclusion). Financial inclusion is generally defined in terms of
exclusion from the financial system. A target group is considered as financially excluded if
they do not have access to mainstream formal financial services such as banking accounts,
credit cards, insurance, payment services, etc.
Government of India had constituted a committee in 2006 under the chairmanship of Dr. C.
Rangarajan to study the pattern of exclusion from access to financial services across region,
gender and occupational structure and to identify the barriers confronted by vulnerable groups
in accessing credit and financial services and recommend the steps needed for financial
inclusion. The committee submitted its report in January 2008. The committee has given a
working definition of financial inclusion as;
Financial inclusion may be defined as the process of ensuring access to financial services
and timely and adequate credit where needed by vulnerable groups such as weaker sections
and low income groups at an affordable cost.
The various financial services identified by the Rangarajan Committee include credit, savings,
insurance and payments and remittance facilities. The full report of the Committee may be
seen here.
The Committee on Financial Sector Reforms headed by Dr. Raghuram Rajan in its Report - A
Hundred Small Steps, proposed a paradigm shift in the way Government see inclusion.
Instead of seeing the issue primarily as expanding credit, which puts the cart before the horse,
the Committee urged a refocus to seeing it as expanding access to financial services, such as
payments services, savings products, insurance products, and inflation-protected pensions.
According to the committee, financial Inclusion, broadly defined, refers to universal access to
a wide range of financial services at a reasonable cost. These include not only banking
products but also other financial services such as insurance and equity products.
Each country has its unique way of interpreting financial inclusion depending upon the stage
of development. For instance, UK had a task force based programme for financial inclusion
which extended uptill 2011, that vastly differed from the traditional credit based approach of
financial inclusion used in India. Similarly financial literacy which is also linked to financial
inclusion stands defined by US authorities to suit their own requirement. In some countries the
concept of financial inclusion also includes qualified financial advice. For United Nations
Capital Development Fund (UNCDF), Financial Inclusion is achieved when all individuals
and businesses have access to and can effectively use a broad range of financial services that
are provided responsibly, and at reasonable cost, by sustainable institutions in a well-regulated
environment.
Various facets of Financial Inclusion
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The essence of financial inclusion is in trying to ensure that a range of appropriate financial
services is available to every individual and enabling them to understand and access those
services.
In order to achieve a comprehensive financial inclusion, a slew of initiatives have been taken
by Government of India, RBI and NABARD. Some of the important initiatives include; SHGBank Linkage programme, opening of No Frills Accounts, mobile banking, Kisan Credit
Cards (KCC) Pradhan Mantri Jan Dhan Yojna etc.
Benefits of Financial Inclusion
Financial inclusion enables good financial decision making through financial literacy and
qualified advice as also access to financial services for all, particularly the vulnerable groups
such as weaker sections, minorities, migrants, elderly, micro entrepreneurs and low income
groups at an affordable cost so as to enable them to
a) manage their finances on day to day basis confidently, effectively and securely;
b) Plan for the future to protect themselves against short term variations in income and
expenditure and for wealth creation and gaining from financial sector developments; and
c) deal with financial distress effectively thereby reducing their vulnerability to the
unexpected.
The United Nations Capital Development Fund (UNCDF) investing in LDCs sees financial
inclusion, financial services for poor and low-income people and micro and small enterprises
as an important and integral component of the financial sector, each with its own comparative
advantages, and each presenting the market with a business opportunity.
Despite the marked progress made in the direction of financial inclusion, the problem of
exclusion still persist. For achieving the current policy stance of inclusive growth the focus
on financial inclusion is not only essential but a pre-requisite. And for achieving
comprehensive financial inclusion, the first step is to achieve credit inclusion for the
disadvantaged and vulnerable sections of our society.
Statistics
World Bank presents cross country data on various aspects of financial inclusion known as
Global Findex data which may be seen here.
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Financial Stability
The notion of financial stability leads to issues of measurement, issues of choice of
instruments to achieve the objective of financial stability and issues on the degree of activism
that central banks should adopt in pursuing this objective.
Monetary stability (say maintaining low and stable inflation) leads to financial stability,
although, such complementarity hold in the long run, need not hold in the short-run. Monetary
stability is an important precondition for financial stability. Reduction in inflation enables
inflation expectations to stabilize. Low and stable inflation expectations increase confidence
in the domestic financial system. Globally, central banks are concerned with both price
stability and financial stability.
A stable macroeconomic environment - with low and stable inflation, sustained growth and
low interest rates - can generate excessive optimism about the future economic prospects and
often the risks are downplayed. However, macroeconomic stability need not necessarily
always place an economy in financial stability, therefore, focused attention is required to
achieve financial stability.
Contextually, financial stability in India means
(a) ensuring uninterrupted settlements of financial transactions (both internal and external),
(b) maintenance of a level of confidence in the financial system amongst all the participants
and stakeholders and
(c) absence of excess volatility that unduly and adversely affects real economic activity.
Three highlighted structural aspects of financial stability are:
(a). Vulnerabilities to real sector shocks
(b). Political system stability
(c). The size, nature and structure of the economy, level of development and socio political
conditions
The sources of financial disturbances are unpredictable due to increased integration of
financial markets. Contagions, progressive opening up of economies to external flows, sharp
movements in exchange rates for emerging economies need to resort to borrowing in foreign
currencies, all contribute to financial instability. Forces affecting financial stability, include:
(a). boom in credit to private sector, both investment and consumption, A particular form of
boom and bust cycle is generated by the end of hyperinflation episodes.
(b). highly regulated systems have also suffered crises.
(c). Direct effects of fiscal difficulties.
(d). crisis in one country has a direct effect on economic conditions.
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Financial Closure
Financial closure is defined as a stage when all the conditions of a financing agreement are
fulfilled prior to the initial availability of funds. Financial closure is attained when all the tie
ups with banks/financial institutions for funds are made and all the conditions precedent to
initial drawing of debt is satisfied.
In a Public Private Partnership (PPP) project, financial closure indicates the commencement
of the Concession Period. The date on which financial closure is achieved is the appointed
date which is deemed to be the date of commencement of concession period.
In order to give a uniform interpretation for the term financial closure, Reserve Bank of India
has provided the following definition. For Greenfield projects, financial closure has been
defined as "a legally binding commitment of equity holders and debt financiers to provide or
mobilise funding for the project. Such funding must account for a significant part of the
project cost which should not be less than 90 per cent of the total project cost securing the
construction of the facility".
Financial Sector Legislative Reforms Commission (FSLRC)
Financial Sector Legislative Reforms Commission (FSLRC) was set up by the Indian
Government in pursuance of the announcement made in Union Budget 2010-11, to help
rewriting and harmonizing the financial sector legislation, rules and regulations so as to
address the contemporaneous requirements of the sector. The resolution notifying the FSLRC
was issued on March 24, 2011. FSLRC had a two year term.
The Commission was chaired by Supreme Court Justice (Retired) B. N. Srikrishna, and had
ten members with expertise in the fields of finance, economics, law and other relevant fields.
The secretariat was placed at National Institute of Public Finance and Policy (NIPFP).
Secretariat consisted of a Secretary at the level of Joint Secretary to the Government of India
and other officials and support staff.
Context
The establishment of the FSLRC is the result of a realisation that the institutional foundation
(laws and organizations) of the financial sector in India needs to be looked afresh to assess its
soundness for addressing the emerging requirements in a rapidly changing world. Today, India
has over 60 Acts and multiple Rules/ Regulations that govern the financial sector. Many of
them have been written several decades back. For example, the RBI Act and the Insurance Act
are of 1934 and 1938 vintage respectively and the Securities Contract Regulation Act, which
governs securities transactions, was legislated in 1956 when derivatives and statutory
regulators were unknown in the financial system. A Large number of amendments were,
therefore, made in these Acts and regulations at different points of time to address various
needs. But these have also resulted in their fragmentation, often adding to the ambiguity and
complexity of regulations in the financial sector.
The piecemeal amendments have resulted in unintended outcomes including regulatory gaps,
overlaps, inconsistencies and regulatory arbitrage. The fragmented regulatory architecture has
also led to loss of scale and scope that could be available from a seamless financial market
with all its attendant benefits of minimising the intermediation cost. For instance, complex
financial intermediation by financial conglomerates of today falls under purview of multiple
regulators. Various Expert Committees have also pointed out these discrepancies and
recommended the need for revisiting the financial sector legislations to rectify them.
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It was therefore proposed to set up the Financial Sector Legislative Reforms Commission
(FSLRC), which would, inter-alia, evolve a common set of principles for governance of
financial sector regulatory institutions. The Commission would examine financial sector
legislations, including subordinate legislations. The Commission would also examine the case
for greater convergence of regulations and streamline regulatory architecture of financial
markets.
Terms of Reference of the Commission
1) Examining the architecture of the legislative and regulatory system governing the
Financial sector in India, including:
a) Review of existing legislation including the RBI Act, the SEBI Act, the IRDA Act,
the PFRDA Act, FCRA, SCRA, FEMA etc., which govern the financial sector
b) Review of administration of such legislation, including internal structures and
external structures (departments and ministries of governing), if required;
c) Review of inter-play of jurisdictions occupied by various regulators;
d) Review of jurisdiction of departments within each regulator, and consider need for
segregation / combination, and such other streamlining;
e) Review of issues relating to conflict of interest of regulators in the market;
f) Review of the manner in which subordinate legislation is drafted and implemented;
g) Review of eligibility criteria for senior officers in regulatory authorities and issues
relating to tenure, continuity, and means of tapping and retaining lessons learnt by
each authority;
h) Examine a combined appellate oversight over all issues concerning users of
financial legislation.
2) Examine if legislation should mandate statement of principles of legislative intent
behind every piece of subordinate legislation in order to make the purposive intent of
the legislation clear and transparent to users of the law and to the Courts.
3) Examine if public feedback for draft subordinate legislation should be made
mandatory, with exception for emergency measures.
4) Examine prescription of parameters for invocation of emergency powers where
regulatory action may be taken on ex parte basis.
5) Examine the interplay of exchange controls under FEMA and FDI Policy with
other regulatory regimes within the financial sector.
6) Examine the most appropriate means of oversight over regulators and their
autonomy from government.
7) Examine the need for re-statement of the law and immediate repeal of any outdated legislation on the basis of judicial decisions and policy shifts in the last two
decades of the financial sector post-liberalisation.
8) Examination of issues of data privacy and protection of consumer of financial
services in the Indian market.
9) Examination of legislation relating to the role of information technology in the
delivery of financial services in India, and their effectiveness.
10) Examination of all recommendations already made by various expert committees
set up by the government and by regulators and to implement measures that can be
easily accepted.
11) Examine the role of state governments and legislatures in ensuring a smooth interstate financial services infrastructure in India.
12) Examination of any other related issues.
FSLRC Chairman / Members
1) Justice B.N Srikrishna: Chairman
2) Smt. K.J. Udeshi: Member (Chairman, Banking Codes & Standards Board of
India)
3) Dr. PJ Nayak: Member (Chairman, Morgan Stanley India Company Pvt. Ltd.)
4) Shri C. Achuthan: Member (passed away in September 2011; No member has been
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sub-optimal.
Various Governmental Committees, as given below, have also recommended such an
approach to regulation:
a. RBIs Advisory Group on Securities Market Regulation (RBI-AGSMR 2001);
b. High Level Expert Committee on Making Mumbai an International Financial
Centre (MIFC 2007);
c. Committee on Financial Sector Reforms (CFSR 2008);
d. Committee on Financial Sector Assessment (CFSA 2009).
The Raghuram Rajan Report (CFSR) had touched upon the need to have a regulatory
mechanism for financial stability. The report suggested the creation of a statutory body called
Financial Sector Oversight Agency (FSOA) to do the macro prudential supervision of the
economy, to monitor the functioning of large, systemically important, financial conglomerates
and to address and defuse inter-regulatory conflicts. The committee envisioned a council
approach with all the chiefs of regulatory bodies as members and Finance Secretary as a
permanent invitee. The Committee had also recommended strengthening the capacity of the
Deposit Insurance and Credit Guarantee Corporation (DICGC) to both monitor risk and
resolve a failing bank, instilling a more explicit system of prompt corrective action and
making deposit insurance premia more risk-based.
The other report on financial sector namely the Making Mumbai an International Financial
Center (MIFC) report had underlined the need for macroeconomic stability for a credible
international financial centre to function in the country. The report of the Committee on
Financial Sector Assessment (CFSA) which was a joint effort of RBI and Ministry of Finance,
Government of India, says stability assessment and stress testing of the financial institutions
need to be conducted on a more systemic basis, to capture the second round and contagion
risks. For this purpose, CFSA had recommended setting up of an inter-disciplinary Financial
Stability Unit. Accordingly various regulators had set up their own Financial Stability Units.
RBI set up the unit on July 17, 2009. The CFSA report emphasised that in the interest of
financial stability, there is a need for strengthening inter-regulatory co-operation and
information-sharing arrangements, both within and across borders among the regulators. The
committee had identified that there is no legislation specifically permitting regulation of
financial conglomerates and holding companies in India and perhaps through an amendment
of the act, RBI could be empowered to do the same.
The Finance Minister held a meeting with the Regulators and officials of Ministry of Finance
on the creation of Financial Stability & Development Council on 12th October 2010. The
discussion paper had been circulated by the Ministry of Finance to all stake holders. It was
agreed that with a view to strengthen and institutionalize the mechanism for maintaining
financial Stability and Development, Government would set up the apex Council. The council
was notified on 30th December 2010.
Global Efforts in managing Financial Stability
Financial stability is indeed a sunrise area and clarity is yet to emerge on target variables and
policy instruments to be used in this regard and the institutions responsible for monitoring the
same. Many countries have vested these powers with the central bank considering their
expertise in supervising large banks and monetary stability. As of end-2005, almost fifty
central banks were publishing Financial Stability Reports, and many others were considering
publication. Despite the central banks growing interest in financial stability, direct references
to financial stability as a central banks objective, are rare to find in the basic central bank
legislation. Only about 3 percent of the central bank laws surveyed by the IMF official (2007)
had an explicit legal responsibility for financial stability. If financial stability is included, it is
more likely to be found among tasks than among objectives. Financial stability is often
bundled together with other standard tasks, such as the support for smooth functioning of
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the payment system, regulation and supervision of the banking system, or lender-of-the-last
resort functions. Financial stability and the central banks role in it is more commonly
specified in other documents, such as mission statements or memoranda of understanding (if
there is an integrated financial supervisory agency outside the central bank). Central banks
typically explain their interest in the stability and general health of the financial system by
their monetary policy objectives, payment system functions, bank supervision role, and lender
of last resort role.
Entrusting financial stability to central banks may be a good beginning in a crisis situation.
However, as seen in the financial crisis of 2008, systemic risk arises not just from the banking
sector, but from other financial firms like investment banks or insurance companies which are
outside the jurisdiction of the Central Bank and potentially from non-financial firms too. For
instance, central banks may be able to constrain banks from extending loans to the real estate
sector to prevent an asset price build up. However, this does not preclude firms like large
insurance companies from taking greater exposures in the real estate segment. Hence,
financial stability requires comprehensive prudential supervision. Moreover, potentially the
regulator of the banking sector may have an incentive to cover up regulatory failures by using
public money to rescue a failing bank. Such incentive issues (and moral hazards) arise if the
task of financial stability is assigned to any of the sectoral regulators. For example, in US, Fed
is assigned the task of financial stability. However, a separate body called Federal Deposit
Insurance Corporation (FDIC) is in charge closing down banks. On account of these conflict
of interest issues, many jurisdictions have created a separate body consisting of
representatives of various regulators to deal with financial stability. This is also essential to
ensure coordinated counter cyclicality of respective policy initiatives of different regulators.
For instance, even if the central bank decides to raise capital requirements for banks during a
boom phase as a counter cyclical measure, it can only lead to diversion of funds from banks to
non-banking sectors. Hence, all regulators need to move together while implementing counter
cyclical policies. BIS , observed in this regard that "prudential tools that target financial
stability need to be calibrated at the level of the financial system but implemented at the level
of each regulated institution" which is essentially the task of individual regulator.
The attempt across the globe was to generate early warning signals and to formulate necessary
plans for rescuing the situation. This is more like a disaster management system for the
economy, just as there is one for tackling natural calamities. In US, an attempt was made to
create on a war footing Emergency Economic Stabilization Acts, making available new
resources and talent specialised in implementing emergency measures as well as generating
early warning indicators, legal expertise related to foreclosures, mortgages etc.
In general, there are two models in operation for handling issues related to financial stability:
1. A single agency model, where central bank or a new national agency takes charge
of systemic stability.
2. A council approach where central bank, other financial sector regulators and fiscal
authorities supported by a strong secretariat looks into it.
In US, the central bank- Fed- is now given greater supervisory authority over any institution
that poses a threat to the financial system and if necessary to ensure control of them if they
fail, including foreign groups owning a large or risky US subsidiary. Feds new role will be
supplemented by a new Council of regulators, which is nothing but a refined version of
existing Presidents Working Group, which consisted of the heads of Treasury, SEC, CFTC
and Fed. The new Council will have representation from 8 regulators including the newly
created Consumer Protection Agency and is headed by the Treasury Secretary. It will advise
the Fed on its new role. A website has already been made functional to bring in more
transparency with respect to the emergency actions taken to restore financial stability.
European Union (EU), based on the Larosiere working group report has set up European
Systemic Risk Board as a reputational body to be in charge of macro prudential oversight
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and to enhance effectiveness of early warning mechanisms (i.e. ESRB will not be conceived
as a body with legal personality and binding powers but rather as a body drawing its
legitimacy from its reputation for independent judgments, high quality analysis and sharpness
in its conclusions.) But it has powers to access all the necessary information. Banking on the
expertise of central banks, European Central Bank (ECB) acts as the secretariat of the ESRB
and thus will be headed by ECB president. ESRB is meant to cooperate closely with European
System of Financial Supervisors (ESFS -a network of national financial supervisors) and
where appropriate, provide the European Supervisory Authorities (created by the
transformation of existing three committees CEBS, CEIOPS and CESR respectively for
banking supervision, insurance and occupational pension, and securities regulation) with
information on systemic risks required for the achievement of their tasks. ESFS would look
into large cross border financial institutions.
In 2010 the UK Government outlined plans for reform of its regulatory framework, including
the creation of an independent Financial Policy Committee at the Bank of England and a new
prudential regulator as a subsidiary of the Bank. The Bank of England will thus be given new
powers to protect and enhance financial stability. The Government will create a new Financial
Policy Committee (FPC) within the Bank, which will look at the wider economic and
financial risks to the stability of the system. In anticipation of the legislation to create the
Financial Policy Committee (FPC), as outlined in the Governments consultation document
A new approach to financial regulation: building a stronger system, the UK Government
and the Bank announced the establishment of an interim Financial Policy Committee on 17
February 2011. The interim FPC will undertake, as far as possible, the forthcoming statutory
FPCs macro-prudential role. The initial task is to carry out preparatory work and analysis into
potential macro-prudential tools. This Committee will be equipped with specific macroprudential tools it can use to address risks and vulnerabilities it identifies.
Memorandum of understanding which establishes a framework for co-operation between
Treasury, the Bank of England and the Financial Services Authority (the FSA) in the field of
financial stability can be seen here. It sets out the role of each authority, and explains how
they work together towards the common objective of financial stability in the UK.
For the documents of FSDC may please see here
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and states) almost reached levels of the crisis year 1990-91. Sustainability of debt too was
becoming a major issue. In December 2000, Government of India introduced the Fiscal
Responsibility and Budget Management (FRBM) Bill in the Parliament as it was felt that
institutional support in the form of fiscal rules would help in setting the agenda for the future
fiscal consolidation programme. The Twelfth Finance Commission recommended in
November 2004 that state governments too enact their fiscal responsibility legislations.
However, states like Karnataka, Kerala, Punjab, Tamil Nadu and Uttar Pradesh had already
enacted their fiscal responsibility legislation even before the Commission recommended so.
Implementation of Fiscal Responsibility and Budget Management (FRBM) legislation at
national as well as at sub-national levels in India during the period 2005-10 helped both the
Union and the States to achieve considerable correction in their respective fiscal position,
which was weak prior to 2005. The global slowdown in 2008-09 and 2009-10 however
adversely affected the achievement of targets specified in the legislation. The Thirteenth
Finance Commission (FC-XIII) has proposed a roadmap of fiscal consolidation for both
centre and states. It has specified a combined debt target of 68 % for the Centre and States, to
be met by 2014-15. For the Centre, a target of elimination of revenue deficit has been set by
2013-14 and fiscal deficit is to be brought down to 3 % by the same year. For States, the
Commission has recommended a fiscal road map for each state depending on its current
deficit and debt levels. Accordingly, States are required to eliminate revenue deficit and
reduce fiscal deficit to 3 % of their GSDP, in stages, and in a manner that all states would
achieve these targets latest by 2014-15. [By the end of 2009-10, the estimated debt of Centre
and States was around 79 % of GDP and consolidated fiscal deficit of Centre and States at 9.5
%, during this year].The Medium Term Fiscal Policy Statement presented along with the
Union Budget 2011-12, takes forward the process of fiscal consolidation of the Centre further.
While the suggested roadmap of the 13th FC puts the fiscal deficit targets at 5.7 % and 4.8 %
of GDP for the years 2010-11 and 2011-12 respectively, it has now been estimated at 5.1 %
and 4.6 % respectively. The recommended debt target for 2014-15 of the 13th FC award
period which is 44.8 % of GDP is expected to be achieved in the year 2011-12 itself
(estimated at 44.2%). However, there seems to be problems in achieving the Revenue Deficit
targets. Revenue expenditure of the Central Government also includes releases made to States
and other implementing agencies for implementation of Government Schemes and
programmes, amounting to about 1.6% of GDP. Leaving this out, the effective revenue deficit
is about 1.8%, which is being endeavoured to be eliminated in the medium-term.
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Flagship Programmes
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Flagship programmes derive their origin from the term flagship which is the main or most
important ship of a country's navy and is symbolic of the main thrust of the nation's
developmental policy.
Flagship schemes of the government of India are those schemes which are declared so by the
union cabinet or the Development Evaluation Advisory Committee (DEAC) of Planning
Commission. The list of flagship programmes can be modified by the DEAC or the
Government from time to time.
While creating the Independent Evaluation Office (IEO), the following programmes have
been identified as flagship programmes by the Cabinet:
1. Mahatma Gandhi National Rural Employment Guarantee Programme: The Act was notified
on 7 September 2005 and is aimed at providing livelihood security through employment for
the rural poor.
2. Sarva Shiksha Abhiyan (SSA):This programme was started with the objective of providing
elementary education for all children in the age group of 614 years by 2010.
3. Mid Day Meal Scheme (MDMS): The MDM Scheme launched in 1995 aims to give a
boost to universalization of primary education by increasing enrolment, retention, and
attendance and simultaneously impacting upon nutritional status of students in primary
classes.
4. National Rural Health Mission(NRHM): The main aim of NRHM is to provide accessible,
affordable, accountable, effective, and reliable primary health care, especially to poor and
vulnerable sections of the population. The programme sets standards for rural health care and
provides financial resources from the Union Government to meet these standards.
5. Jawaharlal Nehru National Urban Renewal Mission (JNNURM)
6. Integrated Child Development Services (ICDS)
7. Rashtriya Krishi Vikash Yojana (RKVY)
8. Prime Minister's Gram Sadak Yojana (PMGSY)
9. Indira Awas Yojana (IAY)
10. Accelerated Irrigation Benefit Programme (AIBP)
11. Water and Sanitation Mission [National Drinking Water Supply Programme & Total
Sanitation Campaign]
12. Rajiv Gandhi Grameen Vidyutikaran Yojana (RGGVY)
13. Skill Development Mission
14.Bharat Nirman: The objective of the Bharat Nirman Programme is to give top priority to
rural infrastructure by setting time-bound goals under various schemes to develop rural
housing, rural roads, irrigation, rural drinking water and rural electrification. The Programme
imposes a responsibility on sub-national governments to create these facilities in a transparent
and accountable manner .
In India's federal system of government, both the Union and State Governments have a
defined role to play in achieving developmental goals. The Govt. of India in recognition of the
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role played by infrastructure in poverty removal has taken up massive all India programmes
for development of physical infrastructure (rural housing, rural roads, rural electrification,
irrigation, drinking water, urban infrastructure etc.) and human capital formation under
different flagship programmes, mainly to promote education and health care.
Food Safety and Standards Act, 2006
Food Safety and Standards Act, 2006 is an integrated food law that lays down standards and
guidelines for consumer safety, protection of consumer health and regulation of the food
sector .It seeks to harmonise Indian standards with the international standards like CODEX
[1] and facilitates international trade in food articles. The Act lays down general provisions for
food additives and processing of articles as well.
Food Safety and Standards Act received the assent of the President on 23rd August, 2006 and
came into effect on 5th August, 2011. It is a comprehensive legislation for the sector and
subsumes the then existing acts and standards like Prevention of Food Adulteration Act(PFA)
of 1954 ,Fruit Products Order of 1955, Meat Food Products Order of 1973, Vegetable Oil
Products (Control) Order of 1947, Edible Oils Packaging (Regulation)Order of 1988, Solvent
Extracted Oil, De- Oiled Meal and Edible Flour (Control) Order of 1967, Milk and Milk
Products Order of 1992 and also any order issued under the Essential Commodities Act, 1955
relating to food . [2]
Food Safety and Standards Authority of India (FSSAI) has been created under the Act. FSSAI
regulates the food sector by laying down guidelines and standards to be followed by food
businesses. It also specifies procedures for accreditation of laboratories and provides advice to
central and state government in matters relating to food safety. Ministry of Health and Family
Welfare is responsible for implementation of the Act. The Act deals with administrative
mechanism at the state level. It also provides for setting up of Food Safety Appellate tribunal
for adjudication and trails under food standard offence.
The law is significant in ensuring quality food to the consumer. It protects consumer interest
by prohibiting misleading advertisement and penalising adulteration. In other words, the Act
seeks to enhance quality of food related information to consumers and also by setting
standards which, when effectively enforced by Commissioners in the States would result in
increased consumer welfare.
The law also addresses contemporary challenges facing the sector like provisions related to
Genetically Modified (GM) crops, functional food, international trade in food items etc.
Besides, it is a single reference point for food related matters.
1. http://codexindia.nic.in/cit.htm[1]
2. http://www.thehindu.com/todays-paper/article2323850.ece[2]
Food Processing in India
Food Processing refers to various techniques and operations by which raw foodstuffs are
transformed into food that are suitable for consumption, cooking, or storage. It consists of
processes like the basic preparation of foods, the alteration of a food product into another
form (as in making preserves from fruit), and preservation and packaging techniques. (The
official definition may be seen in page 2 of [1] Data Bank on Economiic Parameters off the
Food Processiing Sector.)
Processing of food has lot of advantages over raw food like longer shelf life, increased
availability to farm produce and improved availability of the product throughout the year.
On one hand, India food processing sector has strong base because of the abundant production
of raw food articles, aromatic and medicinal plants. On the other hand the level of food
processing is not up to the mark as lot of wastage in post production handling and
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3. http://india.gov.in/sectors/commerce/food_processing.php
4. Annual Report of Ministry of Food Processing Industries, 2010-2011
5. The Food Industry in India and Its Logic, Rahul Goswami, EPW October 9,2010
6. Report of working group on food processing sector, MOFPI (2006)
Food Security
The food security legislation is one of the watershed legislation in the parliamentary
democracy of India as it made availability/access to food a Right of the people. There are
many compelling factors - economic, social, political as well as ethical reasons for having
such a legal guarantee of protection from hunger.
The origin of this concept can be traced to Fundamental Right of Life with dignity as
enshrined in Article 21 of Indian constitution. The President of India addressing the Indian
Parliament on 4 June 2009 affirmed that the Government of India proposes to enact a new law
- the National Food Security Act (NFSA) - that will provide a statutory basis for a framework
which assures food security for all.
There has been a plethora of definition of food security that has been extended from time to
time by different international agencies. The anchoring definition, however, was arrived in the
Rome Declaration during the World Food Summit held in 1996 at Rome. It states:
Food security exists when all people, at all times, have physical and economic access to
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sufficient, safe and nutritious food to meet their dietary needs and food preferences for an
active and healthy life.
The concept of food and nutrition security/insecurity has been conceptualized in diverse and
overarching manner. However, the following three aspects (the 3 As) underlie most
conceptualizations of food security.
1. Availability it refers to the physical availability of foodstocks in desired quantities.
This depends on the domestic production, changes in stocks, and imports along with
the distribution of food across territories.
2. Access this is determined by the bundle of entitlements. This aspect of the definition
captures Amartya Sens thinking on the issue. This refers peoples initial endowments,
i.e. what they can acquire (especially in terms of physical and economic access to
food) and the opportunities open to them to achieve entitlement sets. This can be
achieved either through their own endeavors or through intervention of the State or
both.
3. Absorption it is defined as the ability to biologically utilise the food consumed. This
is related to several factors such as nutritional knowledge, safe drinking water, and
availability of stable and sanitary physical and environmental conditions. All this
allows effective biological absorption of food in a human body.
Similar definition has been given by the World Bank also which identifies food availability,
food access and food use as the three pillars of food security.
The World Food Summit goal is to reduce the number of undernourished people by half,
between 199092 and 2015. Similar target has been set by the Millennium Development Goal
1 (target 1C) to halve the proportion of people who are suffering from hunger by 2015 as
compared to 1990.
Food Security Legislation in India
The Global Hunger Index (GHI) brought out by IFPRI in 2010 has shown improvement over
the 1990 GHI as it fell by almost one-quarter. But still, the index for hunger in the world
remains at a level characterized as serious. India ranks 67 out of 122 countries in GHI in the
world. Earlier, it had a rank of 66 in the list of 88 countries (GHI, 2008). The total number of
undernourished people in the world was estimated to have surpassed 1 billion (1023 million in
2009) and expected to decline by to 925 million in 2010. Developing countries account for 98
percent of the worlds undernourished people. Out of these, two-thirds live in just seven
countries (Bangladesh, China, the Democratic Republic of the Congo, Ethiopia, India,
Indonesia and Pakistan) and over 40 percent live in China and India alone. This is an alarming
situation. Hunger deaths amidst piles of rotting food grains in FCIs storage are a matter of
concern. However, to attain the goal of food security multi-pronged strategies needs to be
adopted. Food security is, thus, not only about having a bumper crop production but also to
make it available and affordable to the masses for fulfilling their nutritional requirement and
living a dignified and healthy life.
Keeping this in mind, the Finance Minister in budget speech 2009-10 initiated the work on
National Food Security Act. It sought to ensure that every family living below the poverty line
in rural or urban areas will be entitled by law to 25 kilos of rice or wheat per month at Rs.3 a
kilo. Carrying forward the agenda the FM in his Budget speech 2011-12, informed that the
government, after detailed consultations with all stakeholders including State Governments, is
close to finalisation of National Food Security Bill (NFSB). However, the recommendations
from National Advisory Council (NAC) and Prime Ministers Economic Advisory Council
(PMEAC) differed on the coverage of beneficiaries. The NAC wants legal entitlement
extended to 90% (46% would come in Priority Category) of rural households and 50% (28%
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rice has increased from 93.36 million tonnes in pre NFSM year of 2006-07 to 105.30 million
tonnes in 2011-12 with an increase of 11.94 million tonnes against the target of 10 million
tonnes. The total production of pulses has also increased from 14.20 million tonnes during
2006-07 to 17.09 million tonnes during 2011-12 with an increase of 2.89 million tonnes
against the envisaged target of 2 million tonnes. Thus, 33.90 million tonnes of additional
production of total foodgrains against the target of 20 million tonnes. The Mission has been
continued during 12th Five Year Plan with inclusion of coarse cereals crops and commercial
crops (sugarcane, jute, cotton). The Mission has target of additional production of 25 million
tonnes of foodgrains comprising 10 million tonnes of rice, 8 million tonnes of wheat, 4
million tonnes of pulses and 3 million tonnes of coarse cereals by the end of 12th Five Year
Plan.
Foreign Company
The term foreign company is defined in Section 2(42) of the Companies Act, 2013.
In India, foreign company means any company or body corporate incorporated outside India
which
(a) has a place of business in India whether by itself or through an agent, physically or
through electronic mode; and
(b) conducts any business activity in India in any other manner
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Features of FPI
Portfolio Investment by any single investor or investor group cannot exceed 10% of the equity
of an Indian company, beyond which it will now be treated as FDI.
FIIs, Sub-Accounts and QFIs are merged together to form the new investor class, namely
Foreign Portfolio Investors, with an aggregate investment limit of 24% which can be raised by
the Company up to the applicable sectoral cap.
All existing FIIs and Sub Accounts can continue to buy, sell or otherwise deal in securities
under the FPI regime.
All existing Qualified Foreign Investors (QFIs) may continue to buy, sell or otherwise deal in
securities only till the period of one year from the date of notification of the FPI Regulation.
In the meantime, they have to obtain FPI registration.
Non-Resident Indians (NRIs) and Foreign Venture Capital Investors (FVCI) are excluded
from the purview of this definition.
Designated Depository Participants (DDPs) authorized by SEBI (as per prescribed norms)
would henceforth register FPIs on behalf of SEBI subject to fulfillment of KYC (Know Your
Customer) and due diligence norms. DDPs carry out necessary due diligence and obtain
appropriate declarations and undertakings before registering an entity as FPI. The DDPs are
either Authorized Dealer Category-1 bank authorized by Reserve Bank of India, or Depository
Participant or a Custodian of Securities registered with SEBI. Existing SEBI approved
Qualified Depository Participant who were registering the QFIs, but not meeting the DDP
eligibility criteria, can operate as DDP only for a period of one year.
Categories of FPI
As part of Risk based approach towards customer identity verification (KYC), FPIs have been
categorized into three major categories:
Category I (Low Risk) which would include Government and entities like Foreign
Central banks, Sovereign wealth Funds, Multilateral Organizations, etc
Category II (Moderate Risk) which would include Regulated entities such as banks,
Pension Funds, Insurance Companies, Mutual Funds, Investment Trusts, Asset
Management Companies, University related endowments (already registered with
SEBI)
Category III (High Risk) which would include all other FPIs not eligible to be
included in the above two categories
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one year. However, FPIs have been prohibited from investing in T-Bills.
FPI can invest in privately placed bonds if it is listed within 15 days.
The same debt allocation mechanism that is in place for FIIs/QFIs will be followed for FPIs.
The debt investment limits as in June 2014 are as follows
S.
N
o.
Type of
Instrument
Government
Debt
Government
Debt
Cap
(USD
bn)
20
10
Cap
(INR
Crore)
Remarks
99,546
54,023
Corporate Debt
51
244,323
Total
81
397,892
FPIs belonging to Category III will not be allowed to issue Offshore Derivative Instruments
(ODIs) and/or Participatory Notes (PNs). However, issuers of ODIs and/or PNs shall directly
report to SEBI.
Data
The depositories NSDL and CDSL- are required to maintain the data on FPIs.
Foreign Institutional Investor (FII)
Foreign Institutional Investor (FII) means an institution established or incorporated outside
India which proposes to make investment in securities in India. They are registered as FIIs in
accordance with Section 2 (f) of the SEBI (FII) Regulations 1995. FIIs are allowed to
subscribe to new securities or trade in already issued securities. This is just one form of
foreign investments in India, as may be seen here:
However, FII as a category does not exist now. It was decided to create a new investor class
called "Foreign Portfolio Investor" (FPI) by merging the existing three investor classes viz.
FIIs, Sub Accounts and Qualified Foreign Investors. Accordingly, SEBI (Foreign Portfolio
Page 124 of 158
ARTHAPEDIA Part - I
A-H
Investors) Regulations, 2014 were notified on January 07, 2014 followed by certain other
enabling notifications by Ministry of Finance and RBI. In order to ensure the seamless
transition from FII regime to FPI regime, it was decided to commence the FPI regime with
effect from June 1, 2014 so that the requisites systems and procedures are in place before
migration to the new FPI regime.
With the new FPI regime, which has commenced from 1 June 2014, it has now been decided
to dispense with the mandatory requirement of direct registration with SEBI and a risk based
verification approach has been adopted to smoothen the entry of foreign investors into the
Indian securities market.
FPIs have been made equivalent to FIIs from the tax perspective, vide central government
notification dated 22nd January 2014.
FII Vs FDI: International standards and Indian definition
According to IMF and OECD definitions, the acquisition of at least ten percent of the ordinary
shares or voting power in a public or private enterprise by non-resident investors makes it
eligible to be categorized as foreign direct investment (FDI). (see OECD benchmark
definition) In India, a particular FII is allowed to invest upto 10% of the paid up capital of a
company, which implies that any investment above 10% will be construed as FDI, though
officially such a definition does not exist. However, it may be noted that there is no minimum
amount of capital to be brought in by the foreign direct investor to get the same categorised as
FDI.
Given this backdrop, in the Union Budget 2013-14, announced on 28 February 2013, vide
para 95, Honourable FM announced his intention to go by the internationally accepted
definition for FIIs and FDIs, as stated below:
"In order to remove the ambiguity that prevails on what is Foreign Direct Investment (FDI)
and what is Foreign Institutional Investment (FII), it is proposed to follow the international
practice and lay down a broad principle that, where an investor has a stake of 10 percent or
less in a company, it will be treated as FII and, where an investor has a stake of more than 10
percent, it will be treated as FDI. A committee will be constituted to examine the application
of the principle and to work out the details expeditiously."
Meanwhile, to rationalize/harmonize various foreign portfolio investment windows and to
simplify procedures, SEBI had formed a Committee on Rationalization of Investment Routes
and Monitoring of Foreign Portfolio Investments under the chairmanship of Shri K. M.
Chandrasekhar, former Cabinet Secretary. The Committee submitted its report on June 12,
2013.
In accordance with the budget announcement, a committee has been constituted under the
chairmanship of Secy (DEA), to examine and work out the details of the application of the
principle followed internationally for defining FDI and FII. The committee submitted its
report in June 2014.
In India, FDI and FII are defined in Schedule 1 and 2 respectively of the Foreign Exchange
Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations
2000.
(Original
notification
is
available
at
http://rbi.org.in/Scripts/BS_FemaNotifications.aspx?Id=174
Subsequent
amendment
notifications are available at http://rbi.org.in/Scripts/BS_FemaNotifications.aspx)
ARTHAPEDIA Part - I
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ARTHAPEDIA Part - I
A-H
securities in the primary and secondary markets including shares, debentures and
warrants of companies unlisted, listed or to be listed on a recognised stock exchange
in India; and
units of schemes floated by domestic mutual funds including Unit Trust of India,
whether listed on a recognised stock exchange or not
iii.
iv.
ARTHAPEDIA Part - I
v.
A-H
vi.
commercial paper
vii.
Security receipts
viii.
FIIs are allowed to trade in all exchange traded derivative contracts subject to the position
limits as prescribed by SEBI from time to time. Clearing Corporation monitors the open
positions of the FII/ sub-accounts of the FII for each underlying security and index, against
the position limits, at the end of each trading day.
How do they invest?
A SEBI registered FII (as per Schedules 2 of Foreign Exchange Management (Transfer or
Issue of Security by a Person Resident Outside India) Regulations 2000) can invest/trade
through a registered broker in the capital of Indian Companies on recognised Indian Stock
Exchanges. FIIs can purchase shares / convertible debentures either through private placement
or through offer for sale.
An FII can also invest in India on behalf of a sub-account (means any person outside India on
whose behalf investments are proposed to be made in India by a FII) which is registered as a
sub-account under Section 2 (k) of the SEBI (FII) Regulations, 1995.
Also, an FII can issue off-shore derivative instruments (ODIs) to persons who are regulated
by an appropriate foreign regulatory authority and after compliance with Know Your Client
(KYC) norms.
Every FII/sub-account is required to appoint a domestic Indian custodian to hold in custody its
Indian securities. Custodian of Securities is a registered and regulated entity by SEBI. The
FII/sub-account is also required to ensure that the domestic custodian it has appointed
monitors the investments made by it in India, reports its transactions in securities to SEBI on a
daily basis and preserve records of transactions for a specified period. The FII/sub-account is
also required to suitably enable the custodian to furnish reports pertaining to its activities, to
SEBI, as and when required by SEBI.
Authorized dealer banks (i.e. the bank which is authorized by RBI to deal in foreign currency)
can offer forward cover (i.e, to minimize the impact of currency fluctuations, banks offer them
the option to sell / purchase foreign currency on a fixed future date at a rate specified today) to
FIIs to the extent of total inward remittances of liquidated investments.
FII investment limits
Investment by individual FIIs/ sub-accounts (excluding foreign corporates and individuals)
cannot exceed 10 per cent of paid up capital of a company. Investment by foreign corporates
or individuals registered as sub accounts of FII cannot exceed 5 per cent of paid up capital. All
FIIs and their sub-accounts taken together cannot acquire more than 24 per cent of the paid up
capital of an Indian Company. An Indian Company can raise the 24 per cent ceiling to the
Sectoral Cap / Statutory Ceiling, as applicable, by passing a resolution by its Board of
Directors followed by passing a Special Resolution to that effect by their General Body. The
list of such companies who have passed a Special Resolution in this regard can be seen from
the RBI website.
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Notes:
* G-Sec Old: The limit can be invested in securities without any residual maturity criterion.
^ G-Sec LT: The limit can be invested in securities with residual maturity of five years.
^^ G-Sec LT: The limit can be invested in securities with residual maturity of three years.
# Corporate Debt Old: The limit can be invested in securities without any residual
maturity/lock-in criterion.
** Incremental limit of US$ 5 billion would be invested in securities with residual maturity of
over five years issued by companies in infrastructure sector.
## A separate sub-limit of USD 1 billion has been created for QFIs investment in corporate
bonds and mutual fund debt schemes.
** Distribution of USD 25 Billion limit is as under:
i.
ii.
iii.
US$10 billion investment in Infrastructure Debt Funds (IDF) (a) Lock-in period of 1
Year (b) Residual maturity of at least 15 months.
US$ 12 Billion for FII investment in in long term infrastructure bonds (a) Lock-in
period of 1 Year (b) Residual maturity of at least 15 months.
USD 3 billion for QFI Investment in MF debt schemes which hold at least 25% of
their assets (either in debt or equity or in both) in the infrastructure sector.
ARTHAPEDIA Part - I
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Data on FII
The data on FII investments can be obtained from three sources, SEBI, Stock Exchanges and
RBI. The figures may vary across these sources.
Custodians on a daily basis, report to SEBI the investments made by the FIIs on the previous
day/s. The details can be accessed here.
http://www.sebi.gov.in/sebiweb/investment/statistics.jsp?s=fii
All figures reported to SEBI are about investment details and FIIs are necessarily required to
invest in Rupees. Thus all figures are in Rupees on SEBI website. The USD figure mentioned
on the SEBI data is for representational purpose only- i.e., the USD rate is taken from RBI
website and the conversion is done automatically by the software.
SEBI data on FIIs thus, represents only investments activity; it does not indicate the actual
flow of money out of India or into India. Hence, SEBI always mentions investment activity of
FIIs and never states that it is reporting inflow or outflow of funds.
The RBI data, on the other hand, represents the actual flow of money in and out of India. As
per Schedule II of FEMA Notification no. 20, the FIIs can maintain a non-interest bearing
foreign currency account and a non-interest bearing Special Non-Resident Rupee account
where the cash balances can be kept without any caps. It has been observed that FIIs keep
balances in these accounts without making investments at times. These balances reflect the
amounts received from abroad as well as divestments proceeds accruing to the FIIs from their
investments in India. In terms of the regulations issued under FEMA for investment into the
Portfolio Investment Scheme, RBI has not placed any restriction on the amount being kept on
these accounts. Accordingly, there is no one to one correspondence between foreign capital
flows on account of FIIs and investments made by FIIs in any particular period of time.
The Foreign Institutional Investors (FII) related provisional figures reported on the websites
of National Stock Exchange (NSE) and Bombay Stock Exchange (BSE) are also not
comparable to the FII Investment Figures published on the SEBI website for the following
reasons:
1. The FII data reported on the BSE-NSE website is provisional trade data reported on
the trade date (T day) as per the trades posted by the brokers in the exchanges trading
system.
2. The FII investment data as reported on SEBI website is confirmed trade data provided
by custodian of securities after confirmation of transactions on behalf of FII, to the
stock exchange(s).
3. The FII investment data on SEBI website is provided by custodians of securities after
their confirmation on T+1 basis.
4. The provisional trade data reported by NSE/BSE on their website is limited only to
transactions in secondary market, whereas the custodian reporting to SEBI includes
the following transaction types:o
ARTHAPEDIA Part - I
o
Preferential allotment
A-H
ARTHAPEDIA Part - I
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applicable, and other commodities subject to the approval of the Forward Markets
Commission.
Functions of the Forward Markets Commission as defined in the FCRA, 1952 are as
follows:
(a) To advise the Central Government in respect of the recognition or the withdrawal
of recognition from any association or in respect of any other matter arising out of the
administration of the Forward Contracts (Regulation) Act 1952.
(b) To keep forward markets under observation and to take such action in relation to
them, as it may consider necessary, in exercise of the powers assigned to it by or
under the Act.
(c) To collect and whenever the Commission thinks it necessary, to publish
information regarding the trading conditions in respect of goods to which any of the
provisions of the act is made applicable, including information regarding supply,
demand and prices, and to submit to the Central Government, periodical reports on
the working of forward markets relating to such goods;
(d) To make recommendations generally with a view to improving the organization
and working of forward markets;
(e) To undertake the inspection of the accounts and other documents of any
recognized association or registered association or any member of such association
whenever it considerers it necessary.
(f) To perform such other duties and exercise such other powers as may be assigned to
the Commission by or under this Act, or as may be prescribed.
Powers of the Commission as indicated in Section 4 A of the F.C.(R) Act, 1952:
The Commission shall, in the performance of its functions, have all the
powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908),
while trying a suit in respect of the following matters, namely:
(a) Summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any office;
(e) any other matters which may be prescribed.
The powers of approving memorandum and articles of association and Byelaws; powers to direct to make or to make articles (Rules) or Byelaws; powers
to suspend governing body of recognized association, and, powers to suspend
business of recognized association.
Merging of FMC with SEBI
In the Union Budget 2015-16, it was proposed that FMC be merged with the securities market
regulator - Securities and Exchange Board of India (SEBI). Amendments to the relevant Acts
were carried out through Chapter VIII of the Finance Act of 2015. With the passing of Finance
Act 2015, the Forward Contracts Regulation Act stands repealed.
ARTHAPEDIA Part - I
A-H
plan discussions of the Central Ministries and States/UTs annually and conveying the plan
requirement to the Ministry of Finance, clearance/grant of In-Principle approval for starting
Central Sector/Centrally Sponsored Schemes, appraisal of the Central Sector/Centrally
Sponsored Scheme before the scheme is cleared by the Expenditure Finance Committee under
the Ministry of Finance.
Functions of Project Appraisal and Management Division in Planning Commission.
The Project Appraisal and Management Division (PAMD) in Planning Commission is the
division that examines and appraises all new Central Sector/Centrally Sponsored
Schemes/projects before they are cleared by the FPC or Ministry of Finance or the subject
Ministry which is dependent on the financial upper limit of the proposal. When an existing
scheme is proposed to be revised even then the comments of PAMD is ascertained. PAMD
prepares the Appraisal Report after seeking the comments of the Subject Division on the
proposal.
Infrastructure Division in Planning Commission
The Government of India in 2004 approved a new funding pattern in plan implementation viz;
Public Private Partnership. The Public Private Partnership in Infrastructure Projects was
managed by the PMs Secretariat on Infrastructure set up in 2004 in Planning Commission. In
July 2009 the Cabinet Committee on Infrastructure (CCI) under the chairmanship of Prime
Minister was set up to fast track implementation of infrastructure projects. This Committee
clears infrastructure projects costing more than Rs.150 crores. The Infrastructure Division
examines and appraises Infrastructure Projects proposed to be implemented through Public
Private Partnership. The Infrastructure Division has framed the guidelines for examining these
projects.
Gadgil-Mukherjee Formula
Up to 3rd Five Year Plan (FYP) [1961-66] and during Plan Holiday (1966-69), allocation of
Central Plan Assistance was schematic and no formula was in use. The Gadgil Formula
comprising (i) Population [60%] (ii) Per Capita Income (PCI) [10%] (iii) Tax Effort [10%]
(iv) On-going Irrigation & Power Projects [10%] and (v) Special Problems [10%] was used
during 4th FYP (1969-74) and 5th FYP (1974-78).
However, since item (iv) was perceived as being weighted in favour of rich states, the formula
was modified by raising the weightage of PCI to 20%. The National Development Council
(NDC) approved the modified Gadgil formula in August 1980. It formed the basis of
allocation during 6th FYP (1980-85), 7th FYP (1985-90) and Annual Plan (AP) 1990-91.
Following suggestions from State Governments, the modified Gadgil Formula was revised to
Population (55%), PCI [25% {20% by deviation method and 5% by distance method}], Fiscal
Management (5%) and Special Development Problems (15%). However, it was used only
during AP 1991-92.
Due to reservations of State Governments on revision, a Committee under Shri Pranab
Mukherjee, then Deputy Chairman, Planning Commission was constituted to evolve a suitable
formula. The suggestions made by the Committee were considered by NDC in December
1991, where following a consensus, the Gadgil-Mukherjee Formula was adopted. It was made
the basis for allocation during 8th FYP (1992-97) and it has since been in use. After setting
apart funds required for (a) Externally Aided Projects and (b) Special Area Programme, 30%
of the balance of Central Assistance for State Plans is provided to the Special Category States.
The remaining amount is distributed among the non-Special Category States, as per GadgilMukherjee Formula.
Gadgil-Mukherjee Formula
ARTHAPEDIA Part - I
I
Criteria
A-H
Weight Remarks
II Population (1971)
60%
25%
a) Deviation method
20%
b) Distance method
5%
I Special Problems
V
7.5%
ARTHAPEDIA Part - I
A-H
the factor costs incurred during the process of turning out economy's output for the concerned
year. Thus, it is a compilation of wages, interests salaries, profits etc. This concept - GDP at
factor cost - used to be expressed both in constant prices (with 2004-05 prices as the base year
prices) and current prices. For most purposes, including academic works, GDP at factor cost
in constant prices was used as "GDP". Further by adding net indirect taxes (ie. product taxes product subsidies), GDP at market prices were also reported in the National Account
Statistics. (For details of the calculations one can see the brochure issued by CSO, Ministry of
Statistics and programme Implementation)
In the revised series, as is the practice internationally, industry-wise estimates are presented as
Gross Value Added (GVA) at basic prices, while "GDP at market prices" will be referred to as
"GDP". GVA at basic prices can be referred to as GVA at producer price and GDP at market
price as GDP at buyer price. Estimates of GVA at factor cost (earlier called GDP at factor
cost) can be compiled by using the estimates of GVA at basic prices and production taxes less
subsidies. It would result in effect on size of GVA compared to GDP at factor cost, which may
be different for different sector. For example, net production tax being positive in
manufacturing would result in higher GVA than GDP in the sector. New growth figures for
GVA at Basic prices would also carry an impression of tax and subsidies which was not the
case in GDP at factor cost. The production tax has been distinguished from product tax as the
first is independent of quantity produced while the second varies with it. Similar distinction is
also made between production and product subsidies.
for eg. Production Taxes - Land Revenues, Stamps and Registration fees and Tax on
profession etc.
Production Subsidies - Subsidies to Railways, Input subsidies to farmers, Subsidies to village
and small industries, Administrative subsidies to corporations or cooperatives, etc.
Product taxes or subsidies are paid or received on per unit of product. Some examples are:
Product Taxes: Excise Tax, Sales tax, Service Tax and Import and Export duties etc.
Product Subsidies: Food, Petroleum and fertilizer subsidies, Interest subsidies given to
farmers, households etc through banks, Subsidies for providing insurance to households at
lower rates etc.
GDP at market prices which is henceforth be referred as GDP, can be computed by adding net
of product tax and product subsidies in GVA at basic prices.
Gross Value Added (GVA) at basic prices = compensation of
employees + operating surplus/mixed income + consumption of
fixed capital (CFC) or depreciation + Production taxes Production subsidies
Value added is calculated as Output - intermediate consumption
GVA at factor cost (earlier referred to as GDP at factor
cost) = GVA at basic prices (Production taxes - Production
subsidies)
Gross Domestic Product (GDP) = GVA at basic prices +
Product taxes - Product subsidies
(Note that it is not production taxes / subsidies but product taxes and subsidies)
In manufacturing many argue that the output was falling and then how come the new series
Page 135 of 158
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shows that manufacturing sector was in fact performing not that bad. It was because although
the output was stagnant or less but the value addition was better off. GDP is a measure of
value added, its not about output. Its the case of output being stagnant but value-addition is
going up.
Earlier the sectoral manufacturing data value addition was sourced from the RBI Industrial
Outlook Survey conducted on an quarterly basis; but now with the Ministry of Corporate
Affairs making it obligatory on the part of the companies registered under the Companies Act
for online reporting, the MCA 21 database has been used for the manufacturing sector value
added. The MCA database as on date covers 5 lakh companies and is fairly representative of
the universe. The RBI surveys are small in size and not much reliable for the sectoral analysis.
Further, the manufacturing value added was calculated from ASI Annual data and extrapolated
using IIP for the intervening period. The limitation with this data was that the ASI and IIP are
establishment based data while the MCA database goes beyond establishment based value
addition and also incorporates data on brand pricing ,marketing etc i.e. includes allied
activities which were earlier outside the purview of manufacturing value added. Further the
corporate segment manufacturing coverage accounts for almost 66-70 percent of the
manufacturing sector.
Incorporation of National Industrial Classification - 2008 (NIC-2008 classifications) for
industries is possibly one reason for the adjustments in the activities for an industry. The
number of industries has increased from eight in old series to eleven in new series, the
additional three industries reclassified within service sector named as Transport, storage,
communication & services related to broadcasting, Real estate, ownership of dwelling &
professional services, and other services. The description of industries has also been
changed for example earlier Community services etc. become Public administration and
defence.
The new, Effective Labour Input Method is adopted for Unincorporated Manufacturing &
Services Enterprises for compiling the estimates for unorgansied non-agriculture sector. This
method assigns due weights to different types of workers based on productivity and skills,
unlike the earlier method which assumed equal value addition of each worker, irrespective of
their skills and productivity. The adoption of new method is likely result in better estimates of
value addition in the unorgansied non-agriculture sector.
In the Trade sector the gross value added was earlier calculated using the gross trading index
this has been replaced by the index derived from sales tax collections. The Gross Trading
Income (GTI) index tracked the growth in volume of tradable goods, in the economy, derived
from current estimates of production in agriculture and manufacturing. The underlying
assumption was that value added is strongly correlated with the physical volume of goods
available for trade. This is a reasonable assumption in short intervals of time; however, when
projections are extended over long periods of time, errors build up. This is because in addition
to physical volume, value added also depends on levels of intermediation between the
producer and consumers; changes in underlying quality of goods; and changes in marketing
practises, for instance bundling higher quality value added services with goods like warranties
etc. and so on. In the current new series, in addition to the updated surveys, this has also been
partly corrected by changing the underlying indicator from a volume indicator to one based on
value, namely sales tax collections. Since sales taxes are value based, growth in this indicator
captures the underlying growth better in value added. Consequent to this and incorporation of
new survey results, the 2011-12 estimates in the new series are less than those in the old series
as can be seen from the table below.This would also change in the future when the GST is
introduced and the Ministry of Finance is able to collect GST sector wise by invoking the
Collection of Statistics Act, 2008.
Then the new series data collected from local bodies is also used and the coverage is 60
percent.
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The valuables segment, which basically comprises of gold and jewellery which is an
important component of capital formation , was treated as consumption. In new series
valuables are combined into household savings and, therefore, consumption has come down
and savings have gone up accordingly. The new GDP numbers will be liable to changes in
future based on change in base year of IIP WPI and CPI series. These are important indices
which play a pivotal role when computing GDP at constant and current prices. Based on
revisions of base year of these indices, GDP growth rates may change.
Differences in statistics with old and new base:
GDP at factor cost at current prices (at 2004-05 prices)
GDP in Rs. Crore
2011-12
2012-13
2013-14
(PE)
a. GDP at
8391691
factor cost
9388876
b.
indirect
taxes
2014-15
(AE)
2011-12
2012-13
2013-14
(PE)
2014-15
(AE)
10472807
15.8
11.9
11.5
724405
882266
15.5
17.2
21.8
c. GDP at
market
9009722
prices
(c=
a+b)
10113281
11355073
15.7
12.2
12.3
As per New
Series
2011-12
estimates
2012-13
2013-14
2014-15
(AE)
2011-12
2012-13
2013-14
2014-15
(AE)
GDP
at
factor cost at
8206398
2011-12
prices
9263138
10487074
11702988
12.88%
13.21%
11.59%
GDP
at
market
8832012
prices 201112 prices
9988540
11345056
12653762
13.09%
13.58%
11.54%
2014-15
(AE)
net
618031
2011-12
2012-13
2013-14
(PE)
a. GDP at
5247530
factor cost
5482111
b.
indirect
taxes
2014-15
(AE)
2011-12
2012-13
2013-14
(PE)
5741791
6.7
4.5
4.7
417736
454051
6.0
8.4
8.7
c. GDP at
market
5633050
prices
(c=
a+b)
5899847
6195842
6.6
4.7
5.0
As per New
Series
2011-12
estimates
(NS)
2012-13
2013-14
2011-12
2012-13
2013-14
net
385520
2014-15
(AE)
2014-15
(AE)
ARTHAPEDIA Part - I
A-H
GDP
at
factor cost at
8206398
2011-12
prices
8609516
9178444
9865247
4.91%
6.61%
7.48%
GDP
at
market
8832012
prices 201112 prices
9280803
9921106
10656925
5.08%
6.90%
7.42%
Source: Summary of macro economic aggregates published by CSO. Press releases of CSO dated 30 January 2015 and 9
February 2015
The growth of GVA at constant prices reported higher at 4.9 % in 2012-13 with new base
(2011-12) against 4.5% growth of GDP at factor cost at old base (2004-05). In 2013-14, the
growth of GVA at new base is reported at 6.6% which was 4.7% at old base. The growth of
GVA for manufacturing have shown noticeable rise in 2012-13 and 2013-14, which is updated
to 6.2% and 5.3% at new base year compared to earlier 1.1% and -0.7% at old base year
respectively. The sectoral share of manufacturing has also substantially increased in 2012-13
and 2013-14, as reported at 17.9% at new base compared to 14.1% at old base in 2011-12.
These differences are surely on account of better coverage and changed methodologies and
possibly change in concepts and classifications. It is crucial to know how much difference
these factors has made to GVA and in which sector.
Sour
ce: Central Statistics Office.
Note: Estimates for the earlier series (2004-05 series) have been derived from GVA at factor
cost, while estimates for the 2011-12 series have been derived from GVA at basic prices.
The growth at constant prices, computed either using new base or old base prices, should not
differ if other thing remains the same. In other words, merely a shift in base year cannot be
accounted for the differences in growth at constant prices calculated using new or old base.
With this logic, the differences in the sectoral growth rates calculated at constant prices of
new and old base is plotted in the graph above. These differences inter-alia shows the under or
Page 138 of 158
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overestimation bias in the growth of the economy, assuming that estimates in new series are
better representation of the activities. In overall, the growth of the economy was
underestimated with about two percentage point in 2013-14 in the old series. Although the
reasons for this bias are not restricted only to structural changes, while the other factors such
as conceptual changes, improved valuation methods, better coverage etc. have also been
responsible. Among the sectors, the growth of mining & quarrying, Manufacturing, trade,
repair and hotels, transport, storage, etc, and community services etc, appears heavily
underestimated, while the growth in Agriculture and allied and Financial, real estate &
business services, was overestimated in old series.
Further, it can be seen that growth in current prices in 2014-15 is estimated at 11.5% as
against 13.6% in 2013-14, though real (constant price) growth in 2014-15 is 7.4% as against
6.9% in 2013-14. i.e., the trend in growth rate shown by current price is exactly the opposite
of the trend shown by the real prices. This is reported by MOSPI as due to the hugely
differential rates of inflation. For instance, there has been a reduction in the growth in the
underlying price indices, Wholesale price index (WPI) and Consumer Price Index (CPI) in
2014-15 as compared to the corresponding growth in 2013-14. WPI and CPI, increased by
3.4% and 6.0% in 2014-15, as compared to 6.0% and 9.5% in 2013-14. Consequently, the
GDP deflator (implicit price deflator for GDP which is a measure of the level of prices of all
new, domestically produced, final goods and services in an economy; it can be broadly
thought of as GDP at current price / GDP at constant price) increased by 3.8% in 2014-15 as
against 6.2% in 2013-14, leading to diverging trends. (Growth in GDP can come from either
change/growth in prices (P) or from changes in quantity (Q) of output. Increase in P for
2013-14 was far greater than increase P for 2014-15 and it outweighed the changes in
growth in output (Q) to give it a negative direction.)
Summary
The reasons for the rise in growth for manufacturing sector at new base are structural as well
as change in compilation methodology. The methodological changes includes the change in
approach, better coverage, use of new valuation methods and introduction of new concepts.
Some of these highlighted in the Press Note are as follows:
i.
ii.
iii.
The change in Labour input Method: The new series has switched over to Effective
Labour Input Method for Unincorporated Manufacturing & Services Enterprises.
Earlier method was assigning equal weights to all types of worker, while the new
method assigns different weight for workers as per their productivity.
iv.
The inclusion of production tax less subsidies: The net of production tax and
production subsidies is positive in manufacturing, while it is inter-alia negative in
agriculture and allied and Electricity, gas etc. Therefore, the positive net
production tax would increase the size of GVA in the sector in absolute and relative to
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other sectors. Moreover, any change, including change in policy, if alters the lump
sum production tax and subsidies then this may also likely to reflect in the growth
rates in the sector.
In sum, one can say, the vast difference in the new series figures is not just because of
updation of the database or change in methodology but more so because of the change
in data source. Trend analysis not possible right now but can be tried by working out
the difference in the ASI value added and the MCA database, which is left to the
academicians.
The new GDP numbers will be liable to changes in future based on change in base
year of IIP WPI and CPI series. These are important indices which play a pivotal role
when computing GDP at constant and current prices. Based on revisions of base year
of these indices, GDP growth rates may change.
Also see the FAQ released by Ministry of Statistics and Programme Implementation
on the matter.
1. Base year revisions differ from annual revisions in National Accounts primarily
because of nature of changes. In annual revisions, changes are made only on the basis
of updated data becoming available without making any changes in the conceptual
framework or using any new data source, to ensure strict comparison over years. In
case of base year revisions, apart from a shift in the reference year for measuring the
real growth, conceptual changes, as recommended by the international guidelines, are
incorporated. Further, statistical changes like revisions in the methodology of
compilation, adoption of latest classification systems, and, inclusion of new and
recent data sources are also made. Changes are also made in the presentation of
estimates to improve ease of understanding for analysis and facilitate international
comparability. (Source: PIB Press release dated 30 January 2015)
Also See
Gross Value Added (GVA) at basic prices and GVA at Factor Costs
GDP deflator
The Gross Domestic Product (GDP) deflator is a measure of general price inflation. It is
calculated by dividing nominal GDP by real GDP and then multiplying by 100. Nominal GDP
is the market value of goods and services produced in an economy, unadjusted for inflation (It
is the GDP measured at current prices). Real GDP is nominal GDP, adjusted for inflation to
reflect changes in real output (It is the GDP measured at constant prices).
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basket of WPI (at present) has no representation of services sector. The GDP deflator also
includes the prices of investment goods, government services and exports, and excludes the
price of imports. Changes in consumption patterns or the introduction of new goods and
services or structural transformation are automatically reflected in the deflator which is not the
case with other inflation measures.
However WPI and CPI are available on monthly basis whereas deflator comes with a lag
(yearly or quarterly, after quarterly GDP data is released). Hence, monthly change in inflation
cannot be tracked using GDP deflator, limiting its usefulness.
Statistics
Ministry of Statistics and Programme Implementation (MOSPI) comes out with GDP deflator
in National Accounts Statistics as price indices. The base of the GDP deflator is revised when
base of GDP series is changed. The latest available GDP deflator series with 2004-05 may be
seen here.
Further References
1. User Guide for GDP deflators published by Government of UK
2. FAQ of Bureau of Economic Analysis, US Department of Commerce
3. Measures of Inflation in India: Issues and Perspectives by Deepak Mohanty,
Executive Director RBI
Goods and Services Tax
Goods and Services Tax (GST) refers to the single unified tax created by amalgamating a
large number of Central and State taxes presently applicable in India. The latest constitution
Amendment Bill of December 2014 made in this regard, proposes to insert a definition of
GST in Article 366 of the constitution by inserting a sub-clause 12A. As per that, GST means
any tax on supply of goods, or services, or both, except taxes on supply of the alcoholic liquor
for human consumption. And here, services are defined to mean anything other than goods.
Implementation of GST is one of the major indirect tax reforms in India and is expected to be
put in place by April 2016.
Context & Genesis of GST
Currently, fiscal powers between the Centre and the States are clearly demarcated in the
Constitution of India with almost no overlap between the respective domains. The Centre has
the powers to levy tax on the manufacture of goods (except alcoholic liquor for human
consumption, opium, narcotics etc.) while the States have the powers to levy tax on the sale of
goods. In the case of inter-State sales, the Centre has the power to levy a tax (the Central Sales
Tax) but, the tax is collected and retained entirely by the States. As for services, it is the
Centre alone that is empowered to levy service tax. Since the States are not empowered to
levy any tax on the sale or purchase of goods in the course of their importation into or
exportation from India, the Centre levies and collects this tax as additional duties of customs.
This duty counterbalances excise duties, sales tax, State value added tax (VAT) and other taxes
levied on the like domestic product. Introduction of the GST would require amendments in the
Constitution so as to concurrently empower the Centre and the States to levy and collect the
GST.
The tax unification process has been going on in India for some time now. There have been
efforts to improve upon the Central excise duty and States sales tax regime starting with the
introduction of MODVAT in 1986. CENVAT which replaced MODVAT, at the central level, is
a valued added tax that provided credit on tax paid on inputs and it was an improvement over
Central excise duty. At state level, the state VAT was an improvement over sales tax regime.
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However, there have been some problems associated with the present taxation system like; the
CENVAT is confined only to the manufacturing stage and it has not included several Central
taxes. Similarly, the State VAT is paid on the value of goods that includes the CENVAT
already paid. It is thereby a tax on tax. There is also burden of Central Sales Tax (CST) on
the inter-state movement of goods. Further, setting-off service tax has been a difficult
proposition especially at the state level and taxes like luxury tax, entertainment tax etc. are
still out of the purview of State level VAT. The GST is thus an overarching and overhauling
effort in the Indian taxation system to unify the process and reduce the multiplicity of taxes.
The idea of moving towards the GST was first mooted by the then Union Finance Minister
Shri P. Chidambaram in his Budget for 2006-07. Initially, it was proposed that GST would be
introduced by 1st April, 2010. The Empowered Committee of State Finance Ministers (EC)
which had formulated the design of State VAT was requested to come up with a roadmap and
structure for the GST. Joint Working Groups of officials having representation of the States as
well as the Centre were set up to examine various aspects of the GST and draw up reports
specifically on exemptions and thresholds, taxation of services and taxation of inter-State
supplies. Based on discussions within and between it and the Central Government, the EC
released its First Discussion Paper (FDP) on the GST in November, 2009. This spells out the
features of the proposed GST and has formed the basis for discussion between the Centre and
the States so far.
The GST implementation took a lot of time as some States have been apprehensive about
surrendering their taxation jurisdiction while others wanted to be adequately compensated.
In the Union Budget 2014-15 the Finance Minister indicated that the debate whether to
introduce a Goods and Services Tax (GST) must now come to an end. Following the Budget
presentation in July 2014, the Constitution Amendment Bill was placed in the Parliament in
December 2014.
Advantages of GST
Adam Smith, father of economics, has laid down four canons of taxation which are equality,
certainty, convenience and economy. A tax can be tested on these four criteria. The Good and
Services Tax (GST) qualifies for these four canons in a better manner. By amalgamating
various taxes into a single tax, GST would mitigate cascading or double taxation (tax upon tax
situations) in a major way and pave the way for a common national market. If the benefits are
passed on fully, for consumers, this would mean 25%-30% reduction in the prices they pay, as
tax burden on goods comes down[1]. This can reduce the overall costs of production and hence,
introduction of GST would also make Indian products more competitive in the domestic and
international markets, with beneficial effects on economic growth. According to the
implementing agency, Central Board of Excise and Customs (CBEC), this tax, because of its
transparent character, would be easier to administer. Union Budget 2014-15 admitted that
GST will streamline the tax administration, avoid harassment of the business and result in
higher revenue collection, both for the Centre and the States. GST also helps in better tax
collections, better tax compliance, less cases of tax evasion and litigation, more transparency,
less harassment and corruption, according to Union Finance Minister, Shri Arun Jaitly [2].
Salient Features of GST as proposed in India
The salient features of GST are as under:
i.
ii.
GST comes under the broad spectrum of what is known as Value Added Tax which
provides for input credits and taxes only the value addition that happened in the
process of production / provision of service.
GST would be applicable on supply of goods or services as against the present
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GST would be a destination based tax as against the present concept of origin based
tax. i.e, tax is imposed at the point of consumption.
iv.
It would be a dual GST with the Centre and the States simultaneously levying it on a
common base. The GST, to be levied by the Centre would be called Central GST
(CGST) and that to be levied by the States would be called State GST (SGST). This is
to protect the fiscal federalism of this country as both the levels of government have
the constitutional mandate to levy and collect specific taxes. SGST would be
applicable only if both the buyer and seller are located within the state. CGST does
not have any such restriction regarding location.
v.
The Centre would levy and collect the Integrated Goods and Services Tax (IGST) on
all inter-State supply of goods and services. There will be seamless flow of input tax
credit from one State to another. Proceeds of IGST will be apportioned among the
States.
vi.
CGST and SGST would be levied at rates to be mutually agreed upon by the Centre
and the States.
vii.
Credit of CGST paid on inputs may be used only for paying CGST on the output and
the credit of SGST paid on inputs may be used only for paying SGST. In other words,
the two streams of input tax credit cannot be mixed except in specified circumstances
of inter-State sales.
viii.
All goods and services, except alcoholic liquor for human consumption, will be
brought under the purview of GST (To include alcoholic liquor, which is a major
source of revenue for the states, another constitution amendment would be required).
Crude Petroleum and some petroleum products have also been Constitutionally
brought under GST. However, it is provided that petroleum and petroleum products
shall not be subject to the levy of GST till notified at a future date on the
recommendation of the GST Council. The present taxes levied by the States and the
Centre on petroleum and petroleum products, i.e., Sales Tax/VAT, CST and Excise
duty only, will continue to be levied in the interim period.
ix.
Tobacco and tobacco products would be subject to GST. In addition, the Centre could
continue to levy Central Excise duty and the States can levy sales tax / VAT.
x.
xi.
xii.
The list of exempted goods and services is attempted to be kept to a minimum and it
would be harmonized for the Centre and the States as far as possible.
xiii.
A common threshold exemption would apply to both CGST and SGST. Dealers with a
turnover below it would be exempt from tax. A compounding option (i.e.to pay tax at
a flat rate without credits) would be available to small dealers below a certain
threshold. The threshold exemption and compounding provision would be optional.
xiv.
GST rates will be uniform across the country. However, to give some fiscal autonomy
to the States and Centre, there will a provision of a narrow tax band over and above
the floor rates of CGST and SGST.
xv.
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supplies originate. (Since GST is a destination based tax where the consuming state
would receive the revenue, this provision has been built in to compensate the
producer / manufacturing states, like say in case of petroleum products whose
production constitutes a substantial portion of revenue for a few states)
xvi.
The laws, regulations and procedures for levy and collection of CGST and SGST
would be harmonized to the extent possible.
xvii.
A Goods & Services Tax Council which will be a joint forum of the Centre and the
States will be created. This Council would function under the Chairmanship of the
Union Finance Minister and will have Ministers in charge of Finance/Revenue or
Minister nominated by each of the States & UTs with Legislatures, as members.
Members have differential voting powers with votes of the central government having
1/3rd weightage and rest 2/3rd with states. Decisions can be taken only if it has more
than 3/4th majority (i.e. Votes in Favour = 1/3 *Votes in favour by Center + [(2/3 *
1/No. of states present and Voting)*Votes in favour by States]). Such decisions will be
immune from the deficiencies in the constitution of the GST council or appointment
of its members or any procedural irregularity. The Council will make
recommendations to the Union and the States on important issues like
1.
taxes, cesses and surcharges levied by the Union, States and local bodies
which may be subsumed in the GST
2.
the goods and services that may be subjected to or exempted from GST
3.
4.
5.
deciding the principles that govern the determination of place of supply, based
on GST laws
6.
decision on threshold limits of turnover below which goods and services may
be exempted from GST,
7.
creating special provisions for states like Jammu& Kashmir, North Eastern
States including Assam, and hilly states like Himachal Pradesh and
Uttarakhand,
8.
decision on the date on which GST will be levied on crude petroleum, high
speed diesel, petrol, natural gas, and ATF.
9.
tax rates including the floor rates and bands, special rates /rates for a specified
period to raise additional resources during a natural calamity or disaster
10.
xviii.
GST levied and collected by Union Govt. except the tax apportioned with states in
case of IGST shall also be distributable between Union and States as per the
recommendations of the Finance Commission.
xix.
Union Government cannot impose surcharges (which usually goes to the consolidated
fund of India) on articles which are covered under GST laws.
xx.
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GST would replace the following taxes currently levied and collected by the Centre:
1. Central Excise duty
2. Excise Duty levied under the Medicinal and Toilet Preparations (Excise Duties) Act
1955,
3. Additional Excise Duties (Goods of Special Importance)
4. Additional Excise Duties (Textiles and Textile Products)
5. Additional Customs Duty (commonly known as Countervailing duties or CVD)
6. Special Additional Duty of Customs (SAD)
7. Service Tax
8. Cesses and surcharges in so far as they relate to the supply of goods and services
9. Taxes on the sale or purchase of newspapers and on advertisements published therein.
State taxes that would be subsumed within the GST are:
1. State VAT/ Sales Tax
2. Central Sales Tax (levied by the Center and collected by the States)
3. Luxury Tax
4. Octroi
5. Entry Tax i.e, taxes on the entry of goods into a local area for consumption, use or
sale therein. (other than those in lieu of octroi)
6. Purchase Tax
7. Entertainment Tax which are not levied by the local bodies; i.e. panchayats,
municipalities and District councils of autonomous districts can impose taxes on
entertainment and amusements
8. Taxes on general advertisements
9. Taxes on lotteries, betting and gambling
10. State cesses and surcharges insofar as they relate to supply of goods or services
GST does not subsume stamp duties and custom duties.
Constitution Amendment Bills of 2011 & 2014
The assignment of concurrent jurisdiction to the Centre and the States for the levy of GST
would require a unique institutional mechanism that would ensure that decisions about the
structure, design and operation of GST are taken jointly by the two. For it to be effective, such
a mechanism also needs to have Constitutional force.
To address all these and other issues, the Constitution (115th Amendment) Bill was introduced
in the Lok Sabha on 22.03.2011. The Bill was referred to the Parliamentary Standing
Committee on Finance for examination and based on its report, certain official amendments
were prepared. Subsequent to general elections and formation of a new Government, the
Union Cabinet under Prime Minister Shri Narendra Modi approved on 17th December, 2014
the proposal for replacing the earlier bill of the erstwhile government with a similar bill
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to facilitate the introduction of GST. The Union Finance Minister Shri Arun Jaitley introduced
the said Bill in the Lok Sabha on 19th December 2014.
Constitution Amendment Bill confers concurrent powers to Parliament and the state
Legislatures to make laws governing GST.
Way forward
The Constitution Amendment Bill needs to be passed by a two-third majority in both Houses
of Parliament and subsequent ratification by at least half of the State Legislatures. After
passage of the Bill by both Houses of Parliament, ratification by State legislatures and receipt
of assent by the President, the process of enactment would be complete.
Suitable legislation for the levy of GST (Central GST Bill and State GST Bills) drawing
powers from the Constitution can be introduced in Parliament or the State Legislatures only
after the enactment of the Constitution Amendment Bill. Unlike the Constitutional
Amendment, the GST Bills would need to be passed by a simple majority. Obviously, the levy
of the tax can commence only after the GST law has been enacted by the respective
legislatures. Also, unlike the State VAT, the date of commencement of this levy would have to
be synchronized across the Centre and the States. This is because the IGST model cannot
function unless the Centre and all the States participate simultaneously.
Implementation Progress
Every Union Budget since its introduction of the idea in 2006-07 has been expressing the
Government's commitments to go ahead with the GST implementation. GST is expected to be
implemented by April 2016.
The Central Board of Excise and Customs (CBEC) is involved with the drafting of GST law
and procedures, particularly the CGST and IGST law, which will be exclusive domain of the
Central Government. CBEC also addresses the implementation challenges. A GST Cell has
been created within CBEC which functions under the Joint Secretary TRU II.
In 2013, four Committees were constituted by the Empowered Committee of State Finance
Ministers (EC) to deal with the various aspects of work relating to the introduction of GST.
The Committees are:
i.
ii.
The Committee on the Problem of Dual Control, Threshold and Exemptions in GST
Regime;
The Committee on Revenue Neutral Rates for State GST & Central GST and Place of
Supply Rules (A Sub-Committee has been constituted to examines issues relating to
the Place of Supply Rules);
iii.
The Committee on IGST & GST on Imports (A Sub- Committee was set up to
examine issues pertaining to IGST model);
iv.
The Committee to draft model GST Law (Three Sub-Committees were constituted to
draft various aspects of the model law).
The GST law is still evolving and the dialogue continues between the Centre and the
States on related issues. A number of procedural, legal and administrative issues
relating to GST are under active discussions in various Committees / Sub-committees
constituted by the EC and in various Groups constituted by the CBEC.
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State
1.
Madhya Pradesh
2.
Rajasthan
3.
Karnataka
4.
Orissa
5.
Maharashtra
6.
Jharkhand
7.
Goa
8.
Punjab
9.
Haryana
10.
Uttar Pradesh
Total
Source: PIB release of 10 March 2015
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The Central Government meets the non-recurring expenditure on the establishment of these
Gram Nyayalayas subject to a ceiling of Rs. 18.00 lakhs out of which Rs. 10.00 lakhs is for
construction of the court, Rs. 5.00 lakhs for vehicle and Rs. 3.00 lakhs for office equipment.
Central and State Governments also incur some recurring expenditure on salaries etc.
The setting up of Gram Nyayalayas is considered as an important measure to reduce arrears
and is a part of the judicial reforms. It is estimated that Gram Nyayalayas can reduce around
50% of the pendency of cases in subordinate courts and can take care of the new litigations
which will be disposed within six months.
Reluctance of police officials and other State functionaries to invoke jurisdiction of Gram
Nyayalayas, lukewarm response of the Bar, non-availability of notaries and stamp vendors,
problem of concurrent jurisdiction of regular courts etc. are some of the issues indicated by
the States which are coming in the way of operationalisation of the Gram Nayayalayas.
Further, majority of States have now set up regular courts at Taluk level, thus reducing the
demand for gram nayayalayas.
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interference with the climate system. Such a level should be achieved within a time frame
sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food
production is not threatened and to enable economic development to proceed in a sustainable
manner.
The GCF will support developing countries in their efforts to combat climate change. It is
expected that significant amount of the climate finance (the political commitment from
developed countries is a goal of US$100 billion annually by 2020)from developed to
developing countries---would flow eventually through GCF. The GCF will support projects,
programmes, policies and other activities in developing countries. The Republic of Korea has
been selected as the host country to house its secretariat.
The operationalization of GCF is noteworthy from Indias point of view because it was India
and other developing countries who insisted on setting up a multilateral financial mechanism
under UNFCCC with resources provided by developed countries.
The GCFis governed by the GCF Board of 24 members balanced equally between developed
and developing nations, a new governance structure. The Board of the GCF is now primarily
engaged in developing the Business Model Framework and raising and mobilizing resources
for GCF operations. The Governing Instrument of the GCF states that the Fund will provide
simplified and improved access to funding, including direct access, basing its activities on a
country-driven approach and will encourage the involvement of relevant stakeholders,
including vulnerable groups and addressing gender aspects. More importantly, the role of
Nationally Designated Entities in accessing the resources from the Fund is fully recognized.
The Board of the GCF, among other things, agreed that the GCF should follow a country
driven and owned approach as a core principle while progressing its work on the business
model framework.
In sum, why we need the GCF is to ensure the success of a globally cooperative effort towards
a safer planet, and to ensure that developing countries continue to be on a path of a lowercarbon, climate-resilient growth to which they have already pledged in one way or another,
and where development remains an overriding priority.
Green GDP
Green GDP is a term used generally for expressing GDP after adjusting for environmental
damage.
The System of National Accounts (SNA) is an accounting framework for measuring the
economic activities of production, consumption and accumulation of wealth in an economy
during a period of time. When information on economy's use of the natural environment is
integrated into the system of national accounts, it becomes green national accounts or
environmental accounting.
The process of environmental accounting involves three steps viz. Physical accounting;
Monetary valuation; and integration with national Income/wealth Accounts. Physical
accounting determines the state of the resources, types, and extent (qualitative and
quantitative) in spatial and temporal terms. Monetary valuation is done to determine its
tangible and intangible components. Thereafter, the net change in natural resources in
monetary terms is integrated into the Gross Domestic Product in order to reach the value of
Green GDP.
The process envisaged by Ministry of Environment and Forest does not require any change in
the core System of National Accounts (SNA), and is achieved by establishing linkages
between the two through a system of satellite accounts (called Satellite accounts as it adds
new information to core accounts). For example, Environmental Satellite Accounts link
measures of emissions, material use, costs of remediation and environmental taxes to
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measures of economic activity. Satellite accounts are a framework that enables attention to be
focused on a certain field or aspect of economic and social life. They are produced in the
context of national accounts but are more flexible as they allow concepts, definitions,
accounting rules and classifications to be changed, where it improves analysis.
An Expert Group was also convened under the direction of Prime Minister by the National
Statistical Organization, Ministry of Statistics and Programme Implementation, Government
of India in August 2011 to examine the prospects of developing green national accounts in
India. The committee was Chaired Shri Partha Dasgupta and submitted its report in March
2013.
The report of the Committee Green National Accounts in India: A Framework, opines that the
word green GDP is a misnomer as it is about the wealth of the nation that one is referring to
(not income) while talking about accretion or depletion of natural resources. The work in
coming out with green GDP estimates is progressing.
History of environmental accounting in India*
A Framework for the Development of Environmental Statistics (FDES) was developed by the
Central Statistics Office (CSO) of India in the early 1990s. The Compendium of Environment
Statistics is being released since 1997.
As per the recommendations of Technical Working Group on Natural Resource Accounting
(NRA) in the later 1990s, a pilot project on NRA in the State of Goa was initiated during
1999-2000. Thereafter, resource accounting studies were carried out in 8 states on different set
of natural resources. Later a Technical Advisory Committee was constituted in the year 2010
under the Chairmanship of Dr. Kirit Parikh to bring out a Synthesis Report combining the
findings of all these studies. The report recommended the preparation of a National
Accounting Matrix that would include environmental accounts. The High powered expert
group under Partha Dasgupta was constituted subsequently in 2011 with the mandate of
developing a framework for green national accounts of India and for preparing a roadmap to
implement the framework.
Following the guidance of International Organisation of Supreme Audit Institutions
(INTOSAI) on the framework for of environmental auditing, the supreme audit institution of
India Comptroller and Auditor General of India (CAG) also conducts environmental audit in
India. This process was formalised with the introduction of specialized guidelines {MSO
(Audit) 2002} for conduct of environmental audits. This laid down broad guidelines to enable
Indias auditors to examine whether the auditee institutions gave due regard to the efforts of
promulgating sustainability development and environmental concerns, where warranted.
Thus, in India, Environmental audit is conducted within the broad framework of Compliance
Audit and Performance Audit at the central level by the Office of Principal Director of Audit
(Scientific Departments) and by the state Accountant Generals (Audit) at the state level. Over
the years, more and more states have taken up environmental audits. These compliance as well
as performance audits have been printed in the respective state/ central audit reports and
presented to Legislature/Parliament. All these reports deal with the environment themes of
water issues, air pollution, waste, biodiversity and environment management systems. All the
environment audits done at the state level and at the central level since 2001 are collated in the
CAG reports on environmental audit.
Green Building
With the growing population, India has to not only provide adequate housing, commercial
buildings, infrastructure, institutions etc. to cater to the basic shelter needs and the growing
aspirational needs of people but also to ensure that the process is environmentally sustainable.
In recent times, there has been a greater consciousness about environmental degradation and
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alternatives to cement are being actively considered. Materials which use less water and other
natural resources and require less energy to be maintained are increasingly being preferred by
Government town planners in India. The Ministry of New and Renewable Energy has
developed an organization called Green Rating for Integrated Habitat Assessment (GRIHA)
along with TERI to ensure that more and more Green Buildings are created. Clear parameters
have been defined to indicate what constitutes a green building.
Grievances Against Misleading Advertisements (GAMA)
Grievances Against Misleading Advertisements (GAMA) is a dedicated online web portal
established by Department of Consumer Affairs, Government of India in March 2015 to
enable consumers to register their grievances on misleading advertisements which makes
claims that are dubious or unverified. GAMA serves as a central registry for complaints
against misleading advertisements.
Any consumer in any part of the country can register on this site and can lodge a complaint
against misleading advertisements. A well-defined protocol then ensures that the complaints
are taken up with the relevant authorities in the state or the central government concerned and
appropriate action taken. The portal also enables the consumer to be informed of the action
taken. The portal will be linked to all state authorities concerned, select voluntary consumer
organizations in the country and the sector regulators in the Government of India.
Gross Budgetary Support (GBS)
The Gross Budgetary Support (GBS) is an important component of the Central Plan of the
Government of India.
The Government's support to the Central plan is called the Gross Budgetary Support. The
GBS includes the tax receipts and other sources of revenue raised by the Government. In the
recent years the GBS has been slightly more than 50% of the total Central Plan. The Planning
Commission aggregates and puts forward the demand by various administrative Ministries in
a consolidated form to the Finance Ministry for the budgetary support required from the
Government. This demand is vetted and then approved by the Finance Ministry. The share of
the GBS in Central Plan has been rising since 2008-09.
Gross Value Added (GVA) at basic prices and GVA at Factor Costs
Gross Value Added (GVA) Vs. GDP
Gross value added (GVA) is defined as the value of output less the value of intermediate
consumption. Value added represents the contribution of labour and capital to the production
process. When the value of taxes on products (less subsidies on products) is added, the sum of
value added for all resident units gives the value of gross domestic product (GDP). Thus,
Gross Domestic Product (GDP) of any nation represents the sum total of gross value added
(GVA) (i.e, without discounting for capital consumption or depreciation) in all the sectors of
that economy during the said year after adjusting for taxes and subsidies.
Introduction of GVA at basic prices in India
In India, GDP is estimated by Central Statistical Office (CSO). Under the Fiscal
Responsibility and Budget Management Act 2003 and Rules thereunder, Ministry of Finance
uses the GDP numbers (at current prices) to peg the fiscal targets. For this purpose, Ministry
of Finance makes their own projections about GDP for the coming two years while specifying
future fiscal targets.
In the revision of National Accounts statistics done by Central Statistical Organization (CSO)
in January 2015, it was decided that sector-wise wise estimates of Gross Value Added (GVA)
will now be given at basic prices instead of factor cost. In simple terms, for any commodity
the basic price is the amount receivable by the producer from the purchaser for a unit of a
product minus any tax on the product plus any subsidy on the product. However, GVA at basic
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prices will include production taxes and exclude production subsidies available on the
commodity. On the other hand, GVA at factor cost includes no taxes and excludes no subsidies
and GDP at market prices include both production and product taxes and excludes both
production and product subsidies.
The relationship between GVA at Factor Cost and GVA at Basic Prices and GDP at market
prices and GVA at basic prices is shown below:
GVA
Production taxes or production subsidies are paid or received with relation to production and
are independent of the volume of actual production. Some examples of production taxes are
land revenues, stamps and registration fees and tax on profession. Some production subsidies
include subsidies to Railways, input subsidies to farmers, subsidies to village and small
industries, administrative subsidies to corporations or cooperatives, etc. Product taxes or
subsidies are paid or received on per unit of product. Some examples of product taxes are
excise tax, sales tax, service tax and import and export duties. Product subsidies include food,
petroleum and fertilizer subsidies, interest subsidies given to farmers, households, etc. through
banks.
The concept of GVA at basic prices follows from the United Nation's System of National
Accounts (SNA) introduced in 1993 and carried forward in an identical fashion in SNA 2008
as a part of revision of compilation and classification systems. This has been adopted by CSO
in its base revision carried out in January 2015.
GVA at Basic Price Vs Producers' Price Vs Factor Costs as in The UN System of
National Accounts (2008)
In the SNA, intermediate inputs are valued and recorded at the time they enter the production
process, while outputs are recorded and valued as they emerge from the process. (The
difference between the value of the intermediate inputs and the value of the outputs is gross
value added.)
More than one set of prices may be used to value outputs and inputs depending upon how
taxes and subsidies on products, and also transport charges, are recorded. Moreover, value
added taxes (VAT), and similar deductible taxes may also be recorded in more than one way.
Intermediate inputs are normally valued at purchasers prices and outputs at basic prices, or
alternatively at producers prices if basic prices are not available.
Thus the SNA utilizes two kinds of prices to measure output, namely, basic prices and
producers prices:
The basic price is the amount receivable by the producer from the purchaser for a
unit of a good or service produced as output minus any tax payable, and plus any
subsidy receivable, by the producer as a consequence of its production or sale. It
excludes any transport charges invoiced separately by the producer.
The producers price is the amount receivable by the producer from the purchaser for
a unit of a good or service produced as output minus any VAT, or similar deductible
tax, invoiced to the purchaser. It excludes any transport charges invoiced separately
by the producer.
Basic prices exclude any taxes on products the producer receives from the purchaser and
passes on to government but include any subsidies the producer receives from government
and uses to lower the prices charged to purchasers. Both producers and basic prices are actual
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transaction prices that can be directly observed and recorded. The basic price measures the
amount retained by the producer and is, therefore, the price most relevant for the producers
decision-taking. The basic price is obtained from the producers price by deducting any tax on
products payable on a unit of output (other than invoiced VAT already omitted from the
producers price) and adding any subsidy on products receivable on a unit of output. In
consequence, no taxes on products or subsidies on products are to be recorded as payables or
receivables in the producers generation of income account when value added is measured at
basic prices, the preferred valuation basis in the SNA.
Gross value added at basic prices is defined as output valued at basic prices less
intermediate consumption valued at purchasers prices. Here the GVA is known by the price
with which the output is valued. From the point of view of the producer, purchasers prices for
inputs and basic prices for outputs represent the prices actually paid and received. Their use
leads to a measure of gross value added that is particularly relevant for the producer.
Gross value added at producers prices is defined as output valued at producers prices less
intermediate consumption valued at purchasers prices. In the absence of VAT, the total value
of the intermediate inputs consumed is the same whether they are valued at producers or at
purchasers prices, in which case this measure of gross value added is the same as one that
uses producers prices to value both inputs and outputs. It is an economically meaningful
measure that is equivalent to the traditional measure of gross value added at market prices.
However, in the presence of VAT, the producers price excludes invoiced VAT, and it would be
inappropriate to describe this measure as being at market prices.
By definition, the value of output at producers prices exceeds that at basic prices by the
amount, if any, of the taxes on products, less subsidies on products so that the two associated
measures of gross value added must differ by the same amount.
Gross value added at factor cost is not a concept used explicitly in the SNA. However, it can
easily be derived from either of GVA at basic prices or GVA at producer's price by subtracting
the value of any taxes on production and adding subsidies on production, payable out of gross
value added as defined. For example, the only taxes on production remaining to be paid out of
gross value added at basic prices consist of other taxes on production which are not charged
per unit. These consist mostly of current taxes (or subsidies) on the labour or capital employed
in the enterprise, such as payroll taxes or current taxes on vehicles or buildings. Gross value
added at factor cost can thus be derived from gross value added at basic prices by subtracting
other taxes on production and adding subsidies on production.
The conceptual difficulty with gross value added at factor cost is that there is no observable
set of prices such that gross value added at factor cost is obtained directly by multiplying this
set of prices by the sets of quantities of outputs. By definition, other taxes or subsidies on
production are not taxes or subsidies on products that can be eliminated from the input and
output prices. Thus, despite its traditional name, gross value added at factor cost is not strictly
a measure of value added; it is essentially a measure of income and not output. It represents
the amount remaining for distribution out of gross value added, however defined, after the
payment of all taxes on production and the receipt of all subsidies on production. It makes no
difference which measure of gross value added is used to derive this income measure because
the alternative measures of value added considered above differ only in respect of the amounts
of the taxes or subsidies on production that remain payable out of gross value added.
Different prices coming into GVA estimations
= Purchasers' price (or the price at
which that product is being sold in the
market)
(-) wholesalers' & retailers'
margins
(-) separately invoiced Transport
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Charges
(-) VAT not deductible by the
purchaser
= Producers' Price
(+) subsidies on the product
(-) taxes on the product excluding
invoiced VAT
= Basic Price
(-) Production Taxes
(+) Production Subsidies
= Factor Costs
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legislature of a State can fix limits on borrowing by a State as well as limits on guarantees to
be given by it. Article 299 of the Constitution provides that all contracts made in the exercise
of the executive power of the Union shall be made expressly indicating that the contract has
been made on behalf of the President.
The Ninth Finance Commission observed that in order that the capital stock of the country
might be maintained intact, there should be adequate provision for depreciation and loan
should be repaid out of the amortization/sinking fund. The Tenth Finance Commission
recommended the establishment of sinking funds for overall fiscal discipline. Eleventh
Finance Commission also emphasized the need for setting up of Sinking Fund in each State
for the amortization of debt.
A Guarantee Redemption Fund (GRF) has been established in the Public Account of India
from 1999-2000 for redemption of guarantees given to CPSEs, FIs, etc. by the Union
Government whenever such guarantees are invoked. The fund is fed through budgetary
appropriations with an annual provision in the Budget Estimates (BE),under the head 'Transfer
to Guarantee Redemption Fund' (Grant No. 32 of Department of Economic Affairs).
On the recommendations of Twelfth Finance Commission that all States should set up sinking
funds / guaranteed redemption fund for amortization of all loan including loans from banks,
liabilities on account of NSSF, etc through earmarked guarantee fees, fifteen States have set
up Guarantee Redemption Fund and twenty States Consolidated Sinking Fund. This fund is
maintained outside the consolidated fund of the States in the public account and is not to be
used for any other purpose, except for redemption of loans. This ensures good fiscal
governance.
Reports of the Finance Commissions
1. http://www.fincomindia.nic.in/
2. http://www.fincomindia.nic.in/writereaddata/html_en_files/11threport.pdf
3. http://rbidocs.rbi.org.in/rdocs/Publications/PDFs/STF28032011.pdf
Guillotine
Each year, after the Budget is presented in the floor of the Lok Sabha by the Finance Minister,
the House has the opportunity to discuss the financial proposals contained in it. The process of
deliberations on the Budget sets off with a general discussion followed by the Vote on
Account, debating and voting on the Demands for Grants and finally, consideration and
passing of the Appropriation and Finance Bills.
Guillotine refers to the exercise vide which the Speaker of the House, on the very last day of
the period allotted for discussions on the Demands for Grants, puts to vote all outstanding
Demands for Grants at a time specified in advance. The aim of the exercise is to conclude
discussions on financial proposals within the time specified.
All outstanding Demands for Grants must be voted by the House without discussions once the
guillotine is invoked.
Once the pre-specified time for invoking the guillotine is reached, the member who is in
possession of the house at that point in time, is requested by the Speaker to resume his or her
seat following which Demands for Grants under discussion are immediately put to vote.
Thereafter, all outstanding Demands areguillotined.
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Invoking the guillotine ensures timely passage of the Finance Bill and the conclusion of
debates and discussions on the years Budget.
Headline inflation
In general, reflects the rate of change in prices of all goods and services in an economy over a
period of time. Every country has its own set of commodity basket to track inflation. While
some countries use Wholesale Price Index (WPI) as their official measure of inflation and
some others use the Consumer Price Index (CPI). The International Monetary Fund (IMF)
statistics reveals that, while 24 countries use WPI as the official measure to track inflation,
157 countries use CPI. Conceptually these two measures of inflation stress different stages of
price realization as well as composition: while WPI measures the change in price level at
wholesale market, CPI measures the change in price level at retail level.
In India, headline inflation is measured through the WPI which consists of 676 commodities
(services are not included in WPI in India). It is measured onyear-on-year basis i.e., rate of
change in price level in a given month vis a vis corresponding month of last year. This is also
known as point to point inflation.
In India, there are three main components in WPI Primary Articles (weight: 20.12%), Fuel
& Power (weight: 14.91%) and Manufactured Products (weight: 64.97). Within WPI, Food
commodities (from which Food Inflation) have a combined weight of 24.31%. This includes
Food Articles in the Primary Articles (14.34%) and Food Products in the Manufactured
Products category (9.97%). Food Inflation is also calculated on year-on-year basis.
Apart from WPI, CPI is also computed to capture inflation in India. In particular, four
categories of CPI are computed for Industrial Workers (CPI-IW), Urban Non-Manual
Employees (CPI-UNME), Agricultural Labourers (CPI-AL) and Rural Labourers (CPI-RL).
However, WPI is considered as the preferred measure of headline inflation due to its wider
coverage. To overcome this lacuna, the Central Statistical Organization (on 18th February
2011) has introduced a new series of CPI (with 2010=100 as the base year), which would be
calculated for all-India as well as States/UTs with separate categorization for rural, urban
and combined (rural + urban).
Improve the health status of the population by lowering mortality and morbidity rates
Protect the population against the financial risks of health problems
Taking into account these broad objectives, the major vision of Government of India has been
enunciated in the National Health Policy (2002), which is to achieve acceptable standards of
health care for the people of the country. The other main objectives include reducing mortality
and overall disease burden through universal access to primary health care services for all
sections of society, strengthening secondary and tertiary health care by developing human
resources for health and at the same time bringing about population stabilization in the
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