Business Environment 1st Semester BU BBA SEP Notes

Unit 1 [Book]  
Concept and Nature, Significance of Business Environment VIEW
Need to Study Business Environment VIEW
Elements of Business Environment VIEW
Micro Business Environment VIEW
Macro Business Environment VIEW
Factors affecting Micro environment VIEW
Environmental Analysis and Forecasting and Techniques VIEW
Government-Business Interface VIEW
Changing Dimensions of Indian Business VIEW
Unit 2 [Book]  
Sole Proprietorship Concern VIEW
Partnership Firm VIEW
LLP VIEW
Company VIEW
Steps to incorporate Sole Proprietary concern VIEW
Preparation of Partnership Deed, Basic documentational Requirements VIEW
Significance of Separate Legal Entity VIEW
Unit 3 [Book]  
Meaning and Features of Company VIEW
Private Company VIEW
Small Company VIEW
One Person Company VIEW
Section 8 Company VIEW
Holding Company VIEW
Subsidiary Company VIEW
Foreign Company VIEW
Memorandum of Association (MOA) VIEW
Articles of Association (AOA) VIEW
Lifting the Corporate veil VIEW
Incorporation of Company VIEW
SPICE Form (Simplified Proforma for Incorporation of Company Electronically) VIEW
Doctrine of Ultra-Vires VIEW
Doctrine of Indoor Management VIEW
Unit 4 [Book]  
Macro Environment: VIEW
Political Environment: Political Stability, Political Policies and Ideologies VIEW
Economical Environment: Economic Cycles, Interest Rate and Exchange Rates, Inflation and Unemployment VIEW
Socio-cultural Environment: Demographical pattern of Society, Consumer behaviour and Buying pattern, Ethnic and Religious Factors VIEW
Technological Environment: Technology access, Licensing, Patents, Property Rights and Copyrights, Digitalization VIEW
Environmental Environment: Environmental hazards and Remedy, Sustainability VIEW
Legal environment analysis: Labour laws VIEW
Unit 5 [Book]  
Definition of Intellectual property, Types of IPR VIEW
Copy Right VIEW
Trade Mark VIEW
Intellectual Property: Patent VIEW
Intellectual Property: Design VIEW
Procedure for applying IPR VIEW
Infringement of IPR VIEW
Skill India VIEW
Start-up India VIEW
Start-up India Framework and Benefits available for entrepreneurs VIEW
Make in India Initiatives and benefits available VIEW

>>Old Syllabus 2024-25<<

Unit 1 [Book]
Concept and Nature, Significance of Business Environment VIEW
Need to Study Business Environment VIEW
Elements of Business Environment VIEW
Environmental Analysis and Forecasting and Techniques VIEW
Government-Business Interface VIEW
Changing Dimensions of Indian Business VIEW
Unit 2 [Book]
Business VIEW
Economic System Interface VIEW
Industrial Development under different Plan Periods VIEW
New Industrial Policy of India VIEW
Public Sector Policy of India VIEW
Disinvestment Policy of India VIEW
EXIM Policy of India VIEW
Industrial Policy for North-East India VIEW
SEBI Act VIEW
Monetary Policy VIEW
Fiscal Policy VIEW
Unit 3 [Book]
Industrial Licensing Policy VIEW
FEMA VIEW
Competition Act VIEW
Intellectual Property Rights VIEW
Patent Law VIEW
Consumer Protection Act 1986 (Central council and State Council) VIEW
Government Policy on Environment:
Water Pollution Act VIEW
Air Pollution Act VIEW
Environment (Protection) Act VIEW
Environmental Audit VIEW
GST VIEW
Technological Environment:
Recent Technological Advancement in Indian Business VIEW
E-Commerce VIEW
M-Commerce VIEW
Unit 4 [Book]
Political Systems, Concepts, Practices in India VIEW
Political institutions in India VIEW
Salient Features of Indian Societies VIEW
Capitalism VIEW
Socialism VIEW
Sun-rise Sectors of India Economy VIEW
Challenges of Indian Economy VIEW
Social Responsibility of Business, Characteristics, Components, Scope VIEW
Relationship Between Society and Business VIEW
Sociocultural business Environment VIEW
Social Groups VIEW
Foreign Investment in India VIEW
Unit 5 [Book]
The Contribution of Public sector enterprises in India VIEW
Privatization of Public Sectors, Effects and Results VIEW
Disinvestment in Government or Public Sector VIEW
Foreign Direct Investment in India, its impact on Indian Economy VIEW

Legislative Provisions of Corporate Governance in Companies Act 1956

Provisions of the Act

Article 3 of the act describes the definition of a company, the types of companies that can be formed e.g. public, private, holding, subsidiary, limited by shares, unlimited etc. Further on in Article 10 E it explains about the constitution of board of company, it explains the companies’ name, the jurisdictions, tribunals, memorandums and the changes that can be made. Article 26 and further on explains about the article of association of the company which a very important part when forming a company and various amendments that can be made. Article 53 to 123,it explains about the shares, the shareholders their rights, it explains about debentures, share capital, their procedure and powers within the company. Article 146 to 251 it explains about the management and administration of the company and the provisions registered office and name. Article 252 to 323 elaborates on the provisions of duties, powers responsibility and liability of the directors in the company which is a very integral part of the company when it is formed. Article 391 to 409 explains about the arbitration, the prevention and obsession of the company Article 425 to 560 it explains the procedure of winding up of a company, the preventions the rights of shareholders, creditors, methods of liquidations, compensation provided and ways of winding up the company. Article 591 and further on explains about setting up companies outside India and their fees and registration procedure and all.

An overview of Companies Act 1956

Companies Act 1956 explains about the whole procedure of the how to form a company, its fees procedure, name, constitution, its members, and the motive behind the company, its share capital, about its general board meetings, management and administration of the company including an important part which is the directors as they are the decision makers and they take all the important decisions for the company their main responsibility and liabilities about the company matter the most. The Act explains about the winding of the business as well and what happens in detail during liquidation period.

Company objective and legal procedure based on the Act

The basic objectives underlying the law are:

  • A minimum standard of good behaviour and business honesty in company promotion and management.
  • Due recognition of the legitimate interest of shareholders and creditors and of the duty of managements not to prejudice to jeopardize those interests.
  • Provision for greater and effective control over and voice in the management for shareholders.
  • A fair and true disclosure of the affairs of companies in their annual published balance sheet and profit and loss accounts.
  • Proper standard of accounting and auditing.
  • Recognition of the rights of shareholders to receive reasonable information and facilities for exercising an intelligent judgment with reference to the management.
  • A ceiling on the share of profits payable to managements as remuneration for services rendered.
  • A check on their transactions where there was a possibility of conflict of duty and interest.
  • A provision for investigation into the affairs of any company managed in a manner oppressive to minority of the shareholders or prejudicial to the interest of the company as a whole.
  • Enforcement of the performance of their duties by those engaged in the management of public companies or of private companies which are subsidiaries of public companies by providing sanctions in the case of breach and subjecting the latter also to the more restrictive provisions of law applicable to public companies.

Companies Act empowerment and mechanism

In India, the Companies Act, 1956, is the most important piece of legislation that empowers the Central Government to regulate the formation, financing, functioning and winding up of companies. The Act contains the mechanism regarding organizational, financial, and managerial, all the relevant aspects of a company. It empowers the Central Government to inspect the books of accounts of a company, to direct special audit, to order investigation into the affairs of a company and to launch prosecution for violation of the Act. These inspections are designed to find out whether the companies conduct their affairs in accordance with the provisions of the Act, whether any unfair practices prejudicial to the public interest are being resorted to by any company or a group of companies and to examine whether there is any mismanagement which may adversely affect any interest of the shareholders, creditors, employees and others. If an inspection discloses a prima facie case of fraud or cheating, action is initiated under provisions of the Companies Act or the same is referred to the Central Bureau of Investigation. The Companies Act, 1956 has been amended from time to time in response to the changing business environment.

Listing Agreement in SEBI

Listing Agreement is the basic document which is executed between companies and the Stock Exchange when companies are listed on the stock exchange. The main purposes of the listing agreement are to ensure that companies are following good corporate governance. The Stock Exchange on behalf of the Security Exchange Board of India ensures that companies follow good corporate governance. The Listing Agreement comprises of 54 clauses stating corporate governance, which listed companies have to follow, failing which companies have to face disciplinary actions, suspension, and delisting of securities. The companies also have to make certain disclosures and act by the clauses of the agreement.

Features of the regulations are as follows:

  • Chapter II of the Regulation provides for the guiding principles governing disclosure and obligations of listed companies. The chapter provides for the principles for the listed entities for periodic disclosure and corporate governance followed by the companies.
  • Chapter III of the Regulations provides for a common obligation for listed companies, in the matter of compliance, the appointment of a compliance officer, filing on the electronic platform, etc.
  • Chapter IV to IX provides for the obligations applicable to specific securities incorporated in different chapters.
  • Chapter X to XI provides for the responsibilities to compliance given to stock exchanges to regulate, monitor and take action for compliance measures.

Differences between Listing Regulation and Listing Agreement

Changes made within the listing agreement:

Change for the separate period of the transmission of securities: The listing agreement provides for the transfer or transmission of securities and issue of the certificate within 15 days from the date of such receipt of a request for transfer. While the listing regulation provides for the transfer and issue of the certificate within 15 days from the date of such receipt of request for transfer provided that the listed entity shall ensure that the transmission requested is processed for the securities held in the dematerialised mode and physical mode within 7 days and 21 days respectively, after receipt of the specified documents.

Change made regarding the requirement of sending notice to other stock exchange for the close transfer of books: In the listing agreements, while closing the transfer of books, the companies have to send notice to the concerned stock exchange as well as other stock exchanges in an advance of 7 working days. While in the new regulation notice is to be given to the concerned stock exchange in an advance of 7 working days.

Extension of period for the disclosure to stock exchange: In the listing agreement, the disclosure regarding all the dividends or cash bonuses recommended or declared or the decisions to pass any dividends or interest paid and date on which dividends shall be paid/dispatched, the decision on buyback of securities is to be made within 15 minutes of the Board Meeting. While the listing regulation provides for the disclosure to be made within 30 minutes of the board meeting regarding all the dividends or cash bonuses recommended or declared or the decisions to pass any dividends or interest paid and date on which dividends shall be paid/dispatched, the decision on buyback of securities.

In the listing agreement, there is a provision of promptly notifying the stock exchange of short particulars on any increase of capital whether by the issue of bonus shares through capitalization, or by the way of right shares to be offered to the shareholders or debenture holder, or in any other way. Short particulars of the reissue or shares or securities held in reserve for future issue or the creation in any form or manner of new shares or securities or any rights, privileges or benefits to subscribing to, short particulars of any alterations of capital, including calls. While the listing regulation provides for at least 30 minutes of the closure of board meeting for, promptly notifying stock exchange of short particulars of any increase of capital whether by issue of bonus shares through capitalization, or by the way of right shares to be offered to the shareholders or debenture holder, or in any other way. Short particulars of the reissue or shares or securities held in reserve for a future issue or the creation in any form or manner of new shares or securities or any rights, privileges or benefits to subscribing to, short particulars of any alterations of capital, including calls.

It has been mentioned in the listing agreement of prior intimidation of at least seven days in which the final result shall be considered. In the listing regulations, a five-day prior notice is to be given when the financial result is to be considered by the stock exchange about the board meeting.

The listing agreement provides for the provision ensuring that the RTA and/or the In-house Share Transfer facility, as the case may be, produces a certificate from a PCS within 1 month of the end of each half of the financial year, certifying that all certificates have been issued within 15 days of the date of lodgment for transfer, sub-division, consolidation, renewal, exchange or endorsement of calls/allotment monies, and a copy of the same shall be made available to the SE within 24 hours of the receipt of the certificate by the Company. While the listing regulation provides for ensuring that the share transfer agent and/or the in-house share transfer facility, as the case may be, produces a certificate from a practicing company secretary within 1 month of the end of each half of the financial year, certifying that all certificates have been issued within 30 days of the date of lodgments for transfer, sub-division, consolidation, renewal, exchange or endorsement of calls/allotment monies and ensures that certificate is filed with the SE simultaneously.

Provision wherein MD or the WTD appointed to provide compliance in the listing agreement has been given, whereas in the listing regulation, the CEO, and the CFO have  to provide a compliance certificate to the board of directors.

New provisions have been added in the listing regulations which were not there in the listing agreement, regarding the preservation of documents. Two types of documents have to be maintained; one document is to be permanently preserved while the second record is to be reserved for the period of not less than eight years after the completion of the particular transaction.

Remedies available to the Patent owner for Infringement of Patent Rights

Patent rights give the patent owner exclusive authority to make, use, sell, or distribute the patented invention for a specified period. In India, when any person uses a patented invention without the consent of the patent holder, it is considered a patent infringement under the Indian Patents Act, 1970. The patent owner has legal remedies to protect their rights, which may be enforced through civil litigation. The courts in India can grant various forms of relief such as injunctions, damages, account of profits, delivery-up, and seizure of infringing goods. These remedies aim to stop further infringement and compensate for the losses.

  •  Injunction

An injunction is the most common and immediate remedy available to a patent owner. It is a court order directing the infringer to cease the unauthorized use of the patented invention. There are two types of injunctions—interim (temporary) and permanent. An interim injunction is granted during the pendency of the trial to prevent ongoing damage. A permanent injunction is issued after the court establishes infringement and grants final relief. Indian courts consider factors like prima facie case, balance of convenience, and irreparable harm before granting an injunction. This remedy helps the patent owner stop further illegal exploitation of the invention.

  • Damages

The patent owner is entitled to claim monetary damages for the loss suffered due to the infringement. Damages aim to put the patent holder in the financial position they would have been in had the infringement not occurred. Courts may assess damages based on lost profits, reasonable royalties, or loss of goodwill. In India, punitive damages are not commonly awarded in patent cases unless bad faith or wilful infringement is established. The burden of proving the quantum of loss lies on the plaintiff. If the patentee is unable to demonstrate actual loss, the court may still award nominal damages.

  • Account of Profits

Instead of damages, a patent owner may choose to claim an account of profits. This remedy requires the infringer to disclose and pay all profits earned through unauthorized use of the patent. Unlike damages, which compensate for the loss to the patentee, account of profits focuses on the gain made by the infringer. This is an equitable remedy, meaning the court has discretion whether to grant it. A patent owner must choose between damages or account of profits—not both. The remedy ensures that the infringer does not unjustly benefit from someone else’s innovation and discourages willful violations of patent rights.

  • Seizure or Delivery-up of Infringing Goods

Another remedy available to the patent owner is seizure, forfeiture, or destruction of infringing goods, materials, or equipment used in manufacturing the infringing products. The court may order the delivery-up of these items to the patent owner to prevent further infringement. This remedy is especially useful in commercial-scale violations where infringing goods are widely circulated in the market. It helps clean the market of illegal products and safeguards the patentee’s market share and reputation. This remedy also serves as a deterrent against future violations by removing all tools or outcomes of the infringement from the possession of the violator.

  • Anton Piller Orders

The Anton Piller order is a form of search and seizure order granted by the court to prevent the destruction of infringing evidence. It allows the patent owner to enter the premises of the alleged infringer without prior notice and seize documents, samples, or devices related to the infringement. This remedy is granted in cases where there is a real danger that the defendant may destroy vital evidence. Though rarely granted, this remedy is powerful and ensures that justice is not obstructed due to lack of evidence. It reflects the seriousness of intellectual property protection under Indian civil law.

  • Groundless Threats Action

Sometimes, a person may threaten others with legal action for patent infringement without any valid legal basis. The Indian Patents Act allows any person aggrieved by such groundless threats to approach the court for relief. The court may declare that the threats are unjustified and issue an injunction to restrain the threatening party. This provision protects businesses from undue harassment and ensures that patent rights are not misused to curb fair competition. However, the patentee may escape liability under this provision by proving the validity of the patent and actual infringement by the alleged party.

  • Criminal Liability

Although patent infringement is largely a civil wrong in India, criminal remedies may be applicable in certain cases involving counterfeit patented goods. For example, under other laws such as the Indian Penal Code, criminal charges may be invoked if the infringer commits cheating, forgery, or fraud in the course of patent infringement. While the Patents Act itself does not prescribe criminal punishment for infringement, the affected party can approach the authorities if the infringement involves deception of consumers or forgery of documentation. However, this is rare, and most disputes are settled through civil suits and equitable remedies.

Causes for success and failure of start-ups in India

According to the Startup India Portal, India has about 50,000 start-ups and is the 3rd largest ecosystem in the world. Start-ups are now emerging in tier-II and tier-III cities, such as Pune, Ahmedabad, and Kochi. Further, there is an increase in the investment flows from Chinese, Japanese, and Singapore based investors.

Causes for success

Reasons responsible for the growth of start-ups are:

  • Large Indian Market:

India’s diversity in culture, religion, and language has helped start-ups to create diversified products, according to the needs of a particular community. This becomes their Unique Selling Proposition, which in-turn entices investors to fund the start-up.

  • Fast-moving business environment:

In an uncertain and changing business ecosystem, the companies are under constant pressure to innovate to find a footing in the market. Sometimes, other companies invest or buy the start-ups to increase their own uniqueness.

  • Easy access to funds

The government has set up funds for easy startups in the form of venture capital.

  • Apply for tenders

New companies can apply for government tenders. They are excluded from the “related knowledge/turnover” standards appropriate for typical organizations explaining government tenders.

  • Reduction in cost

The government additionally gives arrangements of facilitators of licenses and brand names. They will give top-notch Intellectual Property Rights Services including quick assessment of licenses at lower expenses.

The government will bear all facilitator charges and the startup will bear just the legal expenses.

  • Tax holidays for three years

New companies will be excluded from income tax for a very long time, they get a certificate from the Inter-Ministerial Board (IMB).

  • R&D facilities

In the R&D area, seven new Research Parks will be set up to give offices to new businesses.

  • Tax saving for investors

Individuals putting their capital additions in the endeavor subsidizes arrangement by the government will get an exemption from capital increases. Thus, this will assist new companies to convince more investors.

  • Choose your investor

After this arrangement, the new companies will have an alternative to pick between the VCs, giving them the freedom to pick their investors.

  • Easy exit

Now, talking about the easy exit then if there should be an occurrence of exit, a startup can close its business within 90 days from the date of use of winding up.

  • No time-consuming compliances

For saving time and money numerous compliances have been facilitated for startups.

  • Meet other entrepreneurs

The government has proposed to hold 2 startup fests yearly both broadly and universally to empower the different partners of a startup to meet.

Causes for failure

Lack of focus

When Bill Gates and Warren Buffet were asked about one factor that was responsible for their success, both replied with one word: focus. To understand how focus can help, let’s look at an example.

Grubhub is a food delivery startup. From the beginning, the company decided to focus only on food delivery. There are a lot of other services that a company like that could offer- pickup of food, catering, and more, but the founders chose to focus on just delivery. The result? They could execute technically and operationally and grow the business successfully.

Lack of funds

In 2018, bike rental startup, Tazzo, shut shop. The reason, as given by one of its funding partners, was a failed product-market fit that led to drying up of funding. Even though the startup had raised a considerable amount of funds, the lack of a profitable business model led to the startup shutting down.

Lack of Product Market Fit

There is no one “Fits in all” formula. It has deeper layers to it. This is more of a framework than a goal. Many-a-times, startups fail to validate their product ideas in the existing market scenario. In today’s competitive world, it is important to bring in a product or service that is both problem-solving and fulfils the customer’s expectations in every way, be it price-related or output-related. You don’t want to be wasting your time and efforts on creating something for which there is ‘no market need’!

Lack of innovation

According to a survey, 77% of venture capitalists think that Indian startups lack innovation or unique business models. A study conducted by IBM Institute for Business Value found that 91% of startups fail within the first five years and the most common reason is – lack of innovation.

Although India is said to have the third-largest startup ecosystem, it doesn’t have meta-level startups such as some of the big names like Google, Facebook, and Twitter. Indian startups are also known for replicating global startups, rather than creating their own startup models.

Among the most innovative Indian startups would be startups like ChaiPoint, Ola, Saathi, and Swiggy, according to a list of 50 most innovative companies in the world.

Fear of Startup Failure

While this fear lives in almost every entrepreneur, some tend to simply stop taking risks. Decision-making is hindered as the key goal becomes to not make even one wrong decision at any costs, thus limiting the startup’s gamut. Such fear can not only restrain but also motivate entrepreneurs when directed in a positive way. Having a negative approach from the start can influence thoughts and behaviour badly.

Poorly Harmonised Team

Any well-to-do startup requires a wide range of expertise in its team of employees and management. It is not hard to find technically proficient people these days. However, it is very difficult to find people who know how to get along with others and can be counted on when managers are not looking over their shoulders. Skills and work approach of the founder and his/her team should complement each other efficiently. Working for a startup can create a sort of pressure for the employees too, but as a founder you need to maintain quality communication with them and exchange thoughts eagerly.

Role of SEBI in the protection of investor interests

An investor is one, may be an individual or a legal entity who invests capital in the venture or business but does not participate actively in the day to day management/ affairs of the business.

Following are the powers of SEBI to take punitive or preventive measures:

a) Power to issue directions under Sec. 11B and Sec. 11(4)

b) Power u/s 12(3) under Chapter V for suspension or cancellation of certificate of registration of brokers or intermediaries.

c) Power to levy monetary penalties under Chapter VIA of SEBI Act.

d) Powers are also described for Inquiry/ Enquiry/ Investigation, for violations like Insider Trading, Takeover Violations, etc. e) Power to Prosecute u/s 24(1) of SEBI Act.

SEBI has given out various methods and measures to ensure the investor protection from time to time. It has published various directives, driven many investor awareness programmes, set up investor protection Fund (IPF) to compensate the investors. We will look into the investor protection measures by SEBI in detail:

  • To begin with, SEBI constructs the limit of financial backers through instruction and attention to empower a financial backer to take educated choices. SEBI tries to guarantee that the financial backer gets the hang of contributing. In simpler words, SEBI ensures that the investor gets and utilizes data needed for contributing and assesses different speculation alternatives to suit his particular objectives.
  • SEBI has been putting together financial backer schooling and mindfulness workshops through financial backer affiliations and market members, and has been urging market members to sort out comparable projects.
  • It helps the investor find out his privileges and commitments in a specific venture, bargains through enlisted mediators, plays it safe, looks for help if there should be an occurrence of any complaint, and so on.

SEBI that it has adopted a major transition from Investor Protection to Investor Empowerment as past experiences hinted that this transition along with imparting proper education at both micro and macro levels will serve the purpose of SEBI and Investors both. And what SEBI does is answering the queries by E-mails, personal visits to head offices, and apart from it, the investors FAQs are also displayed on its website, and all this points out that, “An educated investor is a protected investor”. The task of this awareness generation is on IAD of SEBI, and based on SEBI Act in July 23, 2007, a fund entitled “Investor Protection and Education Fund” was established with initial corpus of Rs. 10 Cr from SEBI General Fund for educating investors and for executing such other related activities. It has even embarked on a mass media campaign aiming at dissemination of relevant messages to public about the harmfulness of investing in an unregistered scheme like CIS, Ponzi Schemes, etc. by offering messages like ‘not to rely on schemes offering unrealistic returns’, and such kind of messages are sent through a campaign consisting of many languages and in consonance and partnership with various institutions like ICAI, ICSI, AMFI, etc. SEBI initiated financial education programs utilizing Resource Persons, and have till now addressed people from different backgrounds like School Children, young investors, executives, home makers, retired people and SHGs. SEBI in a summarized manner has taken the following policy initiatives for investors protection:

a) Introducing system driven disclosures.

b) Strengthening continuous disclosure requirements for listed companies.

c) Providing an exit opportunity to investors in case of change of objects by issuers.

d) Monitoring of compliances by listed companies.

e) Cyber Security and Cyber Resilience framework for stock exchanges.

f) Filing of monthly reports by Clearing Corporations with SEBI.

g) Aadhar base e-KYC.

h) Surveillance of Stock Exchanges and various financial market and other intermediaries

FERA v/s FEMA

FERA

The Foreign Exchange Regulation Act is an act of parliament that was introduced in 1973 with the aim of controlling and managing foreign payments, purchase of fixed assets to foreigners, and the export and import of currency from and in India.

FERA aimed to ensure that the economy was competitive by conserving India’s foreign reserves, which was inadequate despite the economy recording improvements.

The act is so elaborate and exhaustive such that it covers all citizens of India who are living inside or outside India.

FEMA

Foreign Exchange Management Act (FEMA) is an expansion or improvement of the Foreign Exchange Regulation Act (FERA). The primary purpose of FEMA is to regulate and facilitate foreign exchange while at the same time encouraging the development of forex market in the country.

The act covers all India’s resident including those living inside or outside the country. Moreover, any agency that is managed by a resident of India is also subjected to requirements of FEMA.

FERA

FEMA

Provisions FERA consisted of 81 sections, and was more complex FEMA is much simple, and consist of only 49 sections.
Features Presumption of negative intention ( Mens Rea ) and joining hands in offence (abatement) existed in FEMA These presumptions of Mens Rea and abatement have been excluded in FEMA
New Terms in FEMA Terms like Capital Account Transaction, current Account Transaction, person, service etc. were not defined in FERA. Terms like Capital Account Transaction, current account Transaction person, service etc., have been defined in detail in FEMA
Enactment Old New
Number of sections 81 49
Introduced when Foreign exchange reserves were low. Foreign exchange position was satisfactory.
Authorized Person Definition of ” Authorized Person” in FERA was a narrow one (2(b) The definition of Authorized person has been widened to include banks, money changes, off shore banking Units etc. (2 (c )
Meaning Of “Resident” As Compared with Income Tax Act There was a big difference in the definition of “Resident”, under FERA, and Income Tax Act The provision of FEMA, are in consistent with income Tax Act, in respect to the definition of term ” Resident “. Now the criteria of “In India for 182 days” to make a person resident has been brought under FEMA. Therefore, a person who qualifies to be a non-resident under the income Tax Act, 1961 will also be considered a non-resident for the purposes of application of FEMA, but a person who is considered to be non-resident under FEMA may not necessarily be a non-resident under the Income Tax Act, for instance a business man going abroad and staying therefore a period of 182 days or more in a financial year will become a non-resident under FEMA.
Punishment Any offence under FERA, was a criminal offence, punishable with imprisonment as per code of criminal procedure, 1973 Here, the offence is considered to be a civil offence only punishable with some amount of money as a penalty. Imprisonment is prescribed only when one fails to pay the penalty.
Quantum of Penalty The monetary penalty payable under FERA, was nearly the five times the amount involved. Under FEMA the quantum of penalty has been considerably decreased to three times the amount involved.
Appeal An appeal against the order of “Adjudicating office”, before ” Foreign Exchange Regulation Appellate Board went before High Court The appellate authority under FEMA is the special Director ( Appeals ) Appeal against the order of Adjudicating Authorities and special Director (appeals) lies before “Appellate Tribunal for Foreign Exchange.” An appeal from an order of Appellate Tribunal would lie to the High Court. (sec 17,18,35)
Right of Assistance during Legal Proceedings. FERA did not contain any express provision on the right of on impleaded person to take legal assistance FEMA expressly recognizes the right of appellant to take assistance of legal practitioner or chartered accountant (32)
Power of Search and Seize FERA conferred wide powers on a police officer not below the rank of a Deputy Superintendent of Police to make a search The scope and power of search and seizure has been curtailed to a great extent
Basis for determining residential status Citizenship More than 6 months stay in India
Violation Criminal offence Civil offence
Punishment for contravention Imprisonment Fine or imprisonment (if fine not paid in the stipulated time)

Types of Business Law

Tax Law

In terms of business law, taxation refers to taxes charged upon companies in the commercial sector. It is the obligation of all companies (except a few tax-exempted small-time companies) to pay their taxes on time, failure to follow through which will be a violation of corporate tax laws.

Securities Law

Securities refer to assets like shares in the stock market and other sources of capital growth and accumulation. Securities law prohibits businesspersons from conducting fraudulent activities from taking place in the securities market. This is the business law section which penalises securities fraud, such as insider trading. It is, thus, also called Capital Markets Law.

Intellectual property Tax

Intellectual property refers to the intangible products of the working of the human mind or intellect, which are under the sole ownership of a single entity, such as an individual or company. The validation of this ownership is provided by intellectual property law, which incorporates trademarks, patents, trade secrets and copyrights.

Contract Law

A contract is any document which creates a sort of legal obligation between the parties that sign it. Contracts refer to those employee contracts, sale of goods contracts, lease contracts, etc.

Companies Act,2013

With an unprecedented change in the domestic and international economic landscape, India’s Government decided to replace the Companies Act, 1956, with the new legislation. The Companies Act, 2013, endeavors to make the corporate regulations in India more contemporary. In this article, we will focus on the meaning and features of a Company.

The Companies Act, 2013, completely revolutionized India’s corporate laws by introducing several new concepts that did not exist previously. One such game-changer was the introduction of the One Person Company concept. This led to the recognition of an entirely new way of starting businesses that accorded flexibility which a company form of entity can offer, while also providing the protection of limited liability that sole proprietorship or partnerships lacked.

Thus, as we can see, commercial contracts are a very essential part of the business world. Any business during its operation needs to follow all these laws, whether willfully or not. Thus, a person with any venture needs very substantial legal assistance so that any clash in legal matters won’t harm your endeavors.

The Limited Liability Partnership Act, 2008

LLP stands for a Limited Liability Partnership. Limited liability partnership definition is an alternative corporate business form that offers the benefits of limited liability to the partners at low compliance costs. It also allows the partners to organize their internal structure like a traditional partnership. A limited liability partnership is a legal body liable for the full extent of its assets. The liability of the partners, however, is limited. Hence, LLP is a hybrid between a company and a partnership. It is not the same as a limited liability company LLC.

The Indian Partnership Act,1932

The Indian Partnership Act 1932 defines a partnership as a relation between two or more parties to agree to share a business’s profits, either all or only one or more persons acting for them all. A partnership is contractual in nature. As the definition states, a partnership is an association of two or more persons. So a partnership results from a contract or an agreement between two or more persons. A partnership does not arise from the operation of law. Neither can it be inherited. It has to be a voluntary agreement between partners. A partnership agreement can be written or oral. Sometimes such an arrangement is even implied by the continued actions and mutual understanding of the partners.

The Sale of Goods Act,1930

Contracts and agreements regarding the sale of goods and services are governed under the Sale of Goods ACT, 1930. The sale of commodities constitutes one of the essential types of contracts under the law in India. India is one of the largest economies and a great country where and thus has adequate checks and measures to ensure its business and commerce community’s safety and prosperity. Here we shall explain The Sale of Goods Act, 1930, which defines and states terms related to the sale of goods and exchange of commodities.

The Indian Contract Act, 1872

It is the most prominent business law to exist in our country. It came into effect on 1st September 1872 and applied to the whole of India, with the exception of Jammu and Kashmir. It constitutes 266 sections. The Indian Contracts Act,1872 defines the essentials through various judgments in the Indian judiciary. Specific points for valid contracts are Free consent, consideration, competency, eligibility, etc. A valid contract must include at least two parties, or it will be deemed as null and void.

Disinvestment policies of PSU in India

Disinvestment of Public Sector Undertakings (PSUs) has been an essential part of India’s economic policy, particularly since the liberalization reforms of the early 1990s. Disinvestment involves the sale or liquidation of government-owned assets to raise funds, improve the efficiency of PSUs, reduce fiscal deficits, and promote private sector participation in the economy.

Historical Context and Evolution of Disinvestment Policies:

After independence, India adopted a mixed economic model, where the public sector played a significant role in industrial development, infrastructure, and social welfare. The government established PSUs to drive economic growth, create employment, and promote self-reliance. By the 1980s, however, the public sector began facing significant challenges, such as inefficiencies, overstaffing, and financial losses.

In response to these challenges, economic reforms in the 1990s marked a turning point for PSUs in India. The 1991 liberalization policies aimed to open up the economy, promote competition, and reduce the government’s role in commercial enterprises. As part of this process, the government introduced disinvestment as a way to reduce the fiscal burden of inefficient PSUs, mobilize resources, and promote a market-oriented economy.

Rationale Behind Disinvestment:

The disinvestment policies of PSUs in India were driven by several key objectives:

  • Fiscal Consolidation:

Government aimed to reduce its fiscal deficit by generating revenue through the sale of stakes in PSUs. By selling off shares, the government could raise funds without increasing taxes or cutting essential public expenditures.

  • Enhancing Efficiency and Competitiveness:

Private Sector is generally seen as more efficient and dynamic than the public sector. By transferring ownership or management control to private entities, the government hoped to improve the operational efficiency and competitiveness of PSUs.

  • Reducing Government Burden:

Several PSUs were financially non-viable and had become a financial burden on the government. Disinvestment allowed the government to reduce its liabilities and focus on more strategic sectors such as defense, health, and education.

  • Encouraging Private Sector Participation:

By reducing its role in non-strategic sectors, the government aimed to create more space for private sector investment. This move was expected to foster a more competitive environment and attract foreign direct investment (FDI).

  • Developing Capital Markets:

The sale of PSU shares helped deepen India’s capital markets by increasing the supply of quality stocks. Disinvestment in PSUs encouraged wider retail participation, improving transparency and corporate governance standards.

Types and Approaches to Disinvestment in India:

Disinvestment in India has taken several forms, depending on the objectives and market conditions.

  • Minority Stake Sale:

In this method, the government sells a small portion of its shares in a PSU without giving up management control. This approach allows the government to raise funds while retaining ownership. Examples include selling a minority stake in major PSUs like Indian Oil Corporation (IOC) and NTPC Limited.

  • Strategic Disinvestment:

In strategic disinvestment, the government sells a significant portion of its stake (usually more than 50%) and transfers management control to private investors. This approach is used for loss-making or non-core PSUs that require restructuring. Examples include the strategic sale of Air India to the Tata Group.

  • Initial Public Offering (IPO) and Follow-on Public Offering (FPO):

In this method, the government offers shares of a PSU to the public through an IPO or FPO, making it publicly listed on the stock exchange. Examples include the listing of PSUs like Coal India Limited and IRCTC.

  • Exchange Traded Funds (ETFs):

Government has also bundled shares of various PSUs into ETFs like the CPSE ETF (Central Public Sector Enterprises Exchange Traded Fund) and Bharat 22 ETF, allowing retail and institutional investors to invest in a diversified portfolio of PSU stocks.

  • Buybacks:

In a buyback, a PSU buys its own shares from the government, effectively reducing the government’s stake while providing funds directly to the exchequer. This approach has been used by companies like NTPC and Coal India to achieve disinvestment targets.

Challenges of Disinvestment in India:

While disinvestment has several benefits, it has also faced a range of challenges:

  • Political Opposition:

Disinvestment policies often face resistance from political groups, labor unions, and various stakeholders who view privatization as a threat to job security and social welfare. Opposition has sometimes delayed or hindered disinvestment processes.

  • Market Conditions:

The success of disinvestment often depends on favorable market conditions. Economic downturns, stock market volatility, and global uncertainties can reduce investor interest, affecting the government’s ability to achieve its disinvestment targets.

  • Valuation Issues:

Determining a fair valuation for PSUs has been a challenge, especially for strategic disinvestment. Undervaluation can result in losses for the government, while overvaluation may deter potential buyers.

  • Regulatory and Legal Hurdles:

Disinvestment processes are subject to complex regulatory and legal requirements, which can lead to delays and increase transaction costs. Ensuring compliance with securities laws, labor laws, and environmental regulations is often challenging.

  • Labor and Employment Concerns:

Disinvestment, particularly strategic sales, can lead to concerns over job security and employee benefits. Workers in PSUs are often apprehensive about the impact of privatization on their employment conditions, leading to strikes and protests.

Recent Trends in Disinvestment Policy:

In recent years, the Indian government has accelerated its disinvestment agenda with several notable developments and policy changes:

  • Aggressive Disinvestment Targets:

The government has set ambitious disinvestment targets in recent budgets, aiming to raise substantial funds through PSU stake sales. For example, the Union Budget for 2021-22 announced a target of ₹1.75 lakh crore through disinvestment.

  • Policy Shift to Strategic Sales:

The focus has shifted from minority stake sales to strategic disinvestment, particularly for non-strategic PSUs. Strategic sectors such as defense, atomic energy, and railways remain under government control, while non-core sectors are open to private participation.

  • Air India Sale:

The successful sale of Air India to the Tata Group in 2021 marked a significant milestone in India’s disinvestment journey. This sale indicated the government’s commitment to strategic disinvestment and provided a roadmap for other PSU divestments.

  • Introduction of New Public Sector Enterprise Policy:

In 2021, the government introduced a new policy to categorize PSUs into strategic and non-strategic sectors. PSUs in strategic sectors would have a limited presence, while all PSUs in non-strategic sectors would be considered for privatization.

  • Push for Privatization in Banking and Insurance:

Government announced plans to privatize two public sector banks and one general insurance company, indicating an expansion of disinvestment efforts beyond traditional industries.

Impact of Disinvestment on the Indian Economy:

  • Revenue Generation:

Disinvestment has provided significant revenue to the government, reducing the fiscal deficit and providing funds for social programs and infrastructure projects.

  • Improved Efficiency:

By involving the private sector, disinvestment has improved the operational efficiency, competitiveness, and profitability of several PSUs, contributing to economic growth.

  • Capital Market Development:

Disinvestment has expanded the Indian capital market by introducing PSU shares to retail and institutional investors, leading to greater transparency and better corporate governance.

  • Challenges in Employment:

While disinvestment enhances efficiency, it may lead to job losses and restructuring, impacting employees’ job security and welfare.

Fiscal Policy in India, Objectives, Components, Evolution, Challenges

Fiscal Policy in India refers to the government’s approach to taxation, spending, and borrowing to influence the nation’s economic conditions. Implemented through the Ministry of Finance, it plays a crucial role in achieving economic stability, controlling inflation, encouraging growth, and reducing income inequalities. Fiscal policy complements monetary policy, which is managed by the Reserve Bank of India (RBI), and together they aim to create a balanced and sustainable economy. Given the socio-economic complexities of India, fiscal policy serves as an essential tool to drive development while managing fiscal prudence and macroeconomic stability.

Objectives of India’s Fiscal Policy:

The objectives of fiscal policy in India are multifaceted, reflecting the diverse needs of the economy:

  • Promoting Economic Growth:

One of the primary objectives of fiscal policy is to stimulate economic growth by supporting infrastructure, industry, and social development projects. Through planned expenditure, the government can create employment, promote investments, and foster long-term economic growth.

  • Reducing Income Inequality:

Fiscal policy is used as a tool for wealth redistribution. Progressive taxation, subsidies, and welfare programs help reduce income inequality by supporting lower-income groups.

  • Maintaining Price Stability:

By adjusting its expenditure and tax policies, the government can influence demand and control inflation. In periods of high inflation, reducing spending can help cool down the economy, while increased spending can help during times of low inflation.

  • Managing Public Debt:

Fiscal policy ensures prudent borrowing to finance government expenditure without excessively burdening future generations with debt. By balancing its borrowing with revenue, the government maintains fiscal discipline.

  • Improving the Balance of Payments:

Through fiscal measures, the government can control imports and promote exports, helping to stabilize the country’s balance of payments. For instance, import duties can curb the import of luxury goods, reducing the trade deficit.

  • Promoting Employment:

Fiscal policy aims to create job opportunities by investing in sectors such as infrastructure, healthcare, and education. Government spending in these areas helps stimulate demand, creating employment opportunities in various sectors.

Components of India’s Fiscal Policy:

The fiscal policy of India can be broken down into three main components:

  1. Government Revenue (Taxation and Non-Tax Revenue):

    • Direct Taxes: Direct taxes, such as income tax and corporate tax, are the primary sources of government revenue. By adjusting tax rates and implementing tax reliefs, the government can influence consumer spending and investment levels.
    • Indirect Taxes: Indirect taxes, including the Goods and Services Tax (GST), are levied on goods and services consumed by individuals and businesses. The GST has unified India’s indirect tax structure, simplifying compliance and increasing revenue.
    • Non-Tax Revenue: Non-tax revenue sources, like dividends from public sector enterprises, fees, and fines, contribute to the government’s income without directly taxing the public.
  2. Government Expenditure:

    • Capital Expenditure: Capital expenditure is the spending on long-term assets such as infrastructure, education, and healthcare facilities. This type of spending generates employment and supports economic growth by building productive assets.
    • Revenue Expenditure: Revenue expenditure includes spending on operational needs, subsidies, salaries, pensions, and interest payments. Though it doesn’t contribute directly to asset creation, revenue expenditure is essential for the government’s daily operations.
  3. Borrowing and Debt Management:

When revenue from taxation and other sources is insufficient to meet expenditure needs, the government borrows funds. Borrowing is done through the issuance of government securities, bonds, and loans from domestic and international institutions. Effective debt management is crucial to avoid excessive public debt.

Tools of Fiscal Policy:

The Indian government utilizes several tools to implement fiscal policy:

  1. Taxation Policy:

The government can adjust tax rates to manage disposable income levels and influence demand. For instance, tax cuts increase consumer spending by putting more money in people’s hands, while tax increases reduce consumption to control inflation.

  1. Public Expenditure:

Expenditure on infrastructure, healthcare, education, and welfare programs is used to stimulate economic growth and provide essential services. For instance, increased spending in the rural sector can improve infrastructure and promote inclusive growth.

  1. Subsidies and Transfers:

The government provides subsidies on essentials like food, fuel, and fertilizers to help vulnerable sections of society. Transfer payments, like pensions and unemployment benefits, provide direct support to individuals without a return of goods or services, enhancing social security.

  1. Deficit Financing:

When revenue and borrowings are insufficient, the government may resort to printing money to finance its expenditure, though this is typically avoided due to the risk of inflation.

Evolution of India’s Fiscal Policy:

India’s fiscal policy has evolved significantly since independence, marked by several phases:

  1. Post-Independence Period (1947-1990):

Fiscal policy during the initial decades focused on self-sufficiency and industrialization. The government’s emphasis was on capital formation, with major investments in public sector enterprises to boost industrial development.

  1. Post-Liberalization Period (1991-2000s):

With economic liberalization in 1991, fiscal policy underwent a shift, focusing on opening the economy, reducing government deficits, and encouraging private sector participation. Fiscal consolidation became a priority, with the introduction of measures to control fiscal deficits and reduce public debt.

  1. Recent Reforms (2000s onwards):

In the 2000s, fiscal responsibility was formalized through the Fiscal Responsibility and Budget Management (FRBM) Act, which aimed to reduce fiscal deficits and ensure debt sustainability. The Goods and Services Tax (GST), implemented in 2017, further simplified the tax structure, boosting tax revenue and making the tax system more efficient.

Fiscal Responsibility and Budget Management (FRBM) Act

FRBM Act, enacted in 2003, was a significant step towards fiscal discipline. It mandates limits on the government’s fiscal deficit and public debt to ensure sustainable fiscal management. The act aims to reduce the fiscal deficit to a target level, ensuring that the government operates within its means. However, during crises like the COVID-19 pandemic, fiscal deficit targets under the FRBM Act were temporarily relaxed to support the economy.

Challenges in India’s Fiscal Policy:

India faces several challenges in implementing its fiscal policy:

  • High Fiscal Deficit:

Despite efforts to control the fiscal deficit, it remains a concern due to substantial public spending and limited revenue. High deficits can lead to inflationary pressures and increase public debt.

  • Income Inequality:

Although fiscal policy aims to reduce income disparity, income inequality remains high. Effective redistributive policies and better targeting of subsidies are required to address this issue.

  • Tax Evasion:

Tax evasion and low tax compliance are significant issues, which hinder the government’s ability to generate adequate revenue for public welfare and development.

  • Subsidy Burden:

Subsidies, though necessary for social welfare, create a financial burden on the government. The subsidy framework needs periodic review to ensure efficiency and better targeting.

  • Dependence on Borrowing:

High levels of borrowing to finance government expenditure increase the public debt burden, affecting future fiscal sustainability and limiting resources for developmental expenditure.

Recent Trends and Fiscal Policy Responses:

In recent years, India’s fiscal policy has responded to changing economic conditions with a mix of reforms and stimulus measures:

  • COVID-19 Fiscal Response:

During the pandemic, the government launched the Atmanirbhar Bharat Abhiyan (Self-Reliant India Mission), focusing on providing fiscal stimulus, promoting local manufacturing, and supporting small businesses. Additionally, subsidies, cash transfers, and food assistance were provided to vulnerable populations.

  • Increased Capital Expenditure:

In recent budgets, there has been an increased emphasis on capital expenditure to support infrastructure development, which is expected to have a multiplier effect on the economy.

  • Digitization and Tax Reforms:

Efforts to digitize tax administration and implement GST have streamlined tax collection, enhancing revenue generation and reducing tax evasion.

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