CSEET Business Environment, CA CS Harish Mathariya, YES Academy For CS, Pune
CSEET Business Environment, CA CS Harish Mathariya, YES Academy For CS, Pune
CSEET Business Environment, CA CS Harish Mathariya, YES Academy For CS, Pune
BUSINESS
ENVIRONMENT
CA CS Harish Mathariya
YES Academy
for CS
YES Academy
for CS
www.yesacademy.co.in
CS Vikas Vohra CA CS Harish A. Mathariya
As a national programme, the Make in India initiatives is aimed at transforming India into a
global manufacturing hub, and contained a raft of proposals to attract investments from both
local and foreign corporate houses in 25 key areas it has identified, such as:
(a) Automobiles
(b) Chemicals
(c) Information Technology
(d) Pharmaceuticals
(e) Textiles
(f) Aviation
(g) Leather
(h) Tourism
(i) Hospitality
(j) Wellness
(k) Railways
(l) Infrastructure
With this scheme, the government has increased the FDI limit in various industries to attract
foreign investment and participation. It has established an investor facilitation centre to assist
foreign businesses locate partners and sites, while a slew of measures have been initiated for
domestic companies, which were revealed after Modi Government unveiled the ‘Stand Up India’
initiative in his Independence Day address in 2015.
2. Stand Up India:
The Stand up India scheme aims at promoting entrepreneurship among women and scheduled
castes and tribes. The scheme is anchored by Department of Financial Services (DFS), Ministry
of Finance, Government of India.
Stand-Up India Scheme facilitates bank loans between Rs 10 lakh and Rs 1 Crore to at least
one Scheduled Caste (SC) or Scheduled Tribe (ST) borrower and at least one woman borrower
per bank branch for setting up a Greenfield enterprise. This enterprise may be in manufacturing,
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services or the trading sector. In case of non-individual enterprises at least 51% of the
shareholding and controlling stake should be held by either an SC/ST or woman entrepreneur.
Eligibility
SC/ST and/or woman entrepreneurs, above 18 years of age.
Loans under the scheme are available for only green field project. Green field signifies,
in this context, the first time venture of the beneficiary in the manufacturing or services
or trading sector.
In case of non-individual enterprises, 51% of the shareholding and controlling stake
should be held by either SC/ST and/or Women Entrepreneur.
Borrower should not be in default to any bank/financial institution.
Loan details
Nature of Loan - Composite loan (inclusive of term loan and working capital) between
10 lakh and upto 100 lakh.
Purpose of Loan - For setting up a new enterprise in manufacturing, trading or services
sector by SC/ST/Women entrepreneur.
Size of Loan - Composite loan of 75% of the project cost inclusive of term loan and
working capital. The stipulation of the loan being expected to cover 75% of the project
cost would not apply if the borrower’s contribution along with convergence support from
any other schemes exceeds 25% of the project cost.
Interest Rate - The rate of interest would be lowest applicable rate of the bank for
that category (rating category) not to exceed (base rate (MCLR) + 3%+ tenor
premium).
Security - Besides primary security, the loan may be secured by collateral security or
guarantee of Credit Guarantee Fund Scheme for Stand-Up India Loans (CGFSIL) as
decided by the banks.
Repayment - The loan is repayable in 7 years with a maximum moratorium period of 18
months.
Working Capital - For withdrawal of Working capital upto 10 lakh, the same may be
sanctioned by way of overdraft. Rupay debit card to be issued for convenience of the
borrower. Working capital limit above 10 lakh to be sanctioned by way of Cash Credit
limit.
Margin Money - The Scheme envisages 25% margin money which can be provided in
convergence with eligible Central / State schemes. While such schemes can be drawn
upon for availing admissible subsidies or for meeting margin money requirements, in all
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cases, the borrower shall be required to bring in minimum of 10% of the project cost
as own contribution.
3. Start-up India:
Start-up India Scheme is an initiative by the Government of India for generation of employment
and wealth creation. The goal of Start-up India is the development and innovation of products
and services and increasing the employment rate in India. Benefits of Start-up India Scheme
is Simplification of Work, Finance support, Government tenders, networking opportunities. Start-
up India was launched by Prime Minister Shri. Narendra Modi on 16th January 2016.
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Registration of the Start-up can be done only from following types of companies-
1. Partnership Firm
2. Limited Liability Partnership Firm
3. Private Limited Company.
4. Skill India
The contents on National Skill Development Corporation to be included at the end of the
contents covered under the aforesaid point.
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Chapter 6: ENTRPRENEURSHIP SCENARIO
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Chapter 6: ENTRPRENEURSHIP SCENARIO
with Ministry of Skill Development and Entrepreneurship (MSDE) is conducting the PDOT
program. NSDC is the implementing agency for this program.
A longer variant of PDOT i.e. 160 hours was offered at all IISCs which consisted of country
orientation, language and digital literacy.
A shorter variant of PDOT program i.e. 1 Day (ongoing) is offered to all migrant workers who
are likely to depart soon and register for the training through registered recruitment agents.
PDOT program is delivered by trainers who have undergone Training of Trainers (ToT) program
organized by MEA. So far, 52 trainers from existing IISCs and NSDC Training Partners have
undergone the PDOT (ToT).
c) Technical Intern Training Program : The program promotes international collaboration through
the transfer of skills, technology, and knowledge among the participating countries thereby,
contributing towards the human resource development. It offers training to the workers for a
specific period (3 – 5 years) in Japan’s industrial society.
The objective is to ensure that the most competent youth is selected and sent to Japan to
participate in TITP.
Ministry of Skill Development & Entrepreneurship (MSDE), Government of India and the
Ministry of Justice, Ministry of Foreign Affairs and Ministry of Health, Labour and Welfare of
Japan signed a Memorandum of Cooperation initiating the Technical Intern Training Program
(TITP) in India in October 2017.
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would provide the necessary boost to the manufacturing sector and help India realise her true
potential in manufacturing.
Significant pick-up in infrastructure investments can be expected in the coming years given
the various initiatives taken by the Government to address the infrastructure bottlenecks. The
Government strategy to increase investment in infrastructure through a combination of public
investment and public private partnership indicates an increased thrust on the sector.
The Government has also emphasized the need for stepping up the scale and scope of private
investment in infrastructure by allowing 100% FDI in some areas of railway infrastructure and
by easing of FDI rules in construction. Development of smart cities is likely to bridge the gap
in infrastructure development in the country.
Given the renewed emphasis on infrastructure sector by boosting infrastructure financing
coupled with initiatives to enhance physical infrastructure such as roads, railways, urban
infrastructure, the investment in physical infrastructure is expected to increase sharply.
According to D&B’s estimates, physical infrastructure investment is expected to surge to 10.4%
of GDP by FY25 from around 7.5% (Estimated) of GDP in FY15. Resolution of policy
bottlenecks such as land acquisition and improvement in demand conditions would also stoke
private infrastructure investment.
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6. They encourage effective resource mobilization of capital and skill which might otherwise
remain unutilized and idle.
7. They, by establishing industries, induce backward and forward linkages which stimulate the
process of economic development in the country.
8. Last but no means the least; they also promote country’s export business, i.e. an important
ingredient to economic development.
2. Lack of money
Inadequate funds – Less funding and the resources obtained by these funds -- can hinder
expansion. When it comes to resolving bottlenecks, money matters a lot. It helps in the purchase
of a software programs and hire consultants who reduce the obstacles to growth and
profitability. As the company expands, there is a need to scale up the technology, invest in
sales enablement and direct resources to a number of other critical areas. Money is needed to
achieve all of that.
Fortunately, there are a number of capital sources out there. In addition to venture capital
funding, one can apply for a loan backed by the Small Business Administration. Loans repaid
in less than seven years typically incur a less than 10 percent interest rate, and these loans
can be used to purchase new technology or building your team with supply chain experts.
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to make entrepreneurs think they need to chase down the "next big thing" and clamour for
the media limelight.
But limelight doesn’t guarantee success. Many companies that drew huge amounts of press
and venture funding have ultimately failed. The better path is to focus on the work and trust
that attention will come. Put out a great product, and be rigorous about clearing ones path to
growth. The accolades will follow, but they matter only if one can scale and thrive sustainably.
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MCQ
1. According to a / an _____________, 300 mn youth will enter the labour force by 2025.
(a) Reserve Bank of India Report
(b) Central Statistical Office Report
(c) World Bank Report
(d) Indian Labour Report
3. “Most entrepreneurs think on infinite time scales, as though they have eons to achieve their
goals”. The mentioned phrase relates to which of the following bottleneck?
(a) Growing too much too soon
(b) A small (or nonexistent) network
(c) Too much noise
(d) Inefficient time management
5. Registration of the Start-up cannot be done for which of the following type of company?
(a) Partnership Firm
(b) Limited Liability Partnership Firm
(c) Private Limited Company.
(d) Public Limited Company
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Chapter 7: BUSINESS ENVIRONMENT
According to Andrews, “The environment of a company as the pattern of all external influences that affect
its life and development”.
Business environment encompasses all those factors that affect a company’s operations and includes
customers, competitors, stakeholders, suppliers, industry trends, regulations other government
activities, social and economic factors and technological developments. Thus, business environment
refers to the external environment and includes all factors outside the firm, which lead to opportunities
and threats of a firm.
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5. Dynamic: Business environment is highly flexible and keep changing. It is not static or rigid
that is why it is essential to monitor and scan the business environment continuously.
6. Complex: It is very difficult to understand the impact of Business environment on the
companies. Although it is easy to scan the environment but it is very difficult to know how
these changes will influence Business decisions. Some-time change may be minor but it
might have large impact. For example, a change in government policy to increase the tax
rate by 5% may affect the income of company by large amount.
7. Relativity: The impact of Business environment may differ from company to company or
country to country. For example, when consumer organisation CES published the report of
finding pesticides in cold drinks, resulted in decrease in sale of cold drinks, on the other hand
it increased the sale of juice and other drinks.
Political
environment
Economic
Legal Factors
environment
Types Of
Environment
Technological
Social Factors
Factors
1. Political environment: The political environment affects the economic environment of businesses.
Legislators at the local, state and federal levels may provide incentives or tax
breaks to companies or they can impose regulations that restrict business transactions. In the
latter case, for example, if a political body states that a company must include a certain
chemical in its product, the cost of the product differs. The company passes those costs on to
the customer in the form of higher prices. The customer must determine whether he wants
to purchase that product. If he does not purchase the product, then the company does not
receive the revenue. If a large number of customers decide not to purchase the product, the
company may need to lay off employees.
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2. Economic environment: The larger economic environment of a society is a factor that can affect a
company's business environment. During a recession, consumers spend less on optional items such as cars and
appliances. As a result, the business environment suffers. On the other hand, if the economic environment is one
of prosperity, consumers are more likely to spend money, not just on necessities, but larger items as well.
3. Social Factors: Social factors that affect the economic environment of a business are the cultural influences
of the time. For example, a fashion designer that creates bell bottom, striped pants will not succeed in an
environment where straight-leg, solid colored pants are desired. A social environment that tends to be more
conservative will not support styles that appear to be trendy. The fashion designer's business will suffer if he
does not change the clothing style. The same would apply to the manufacturers that produce and stores that
sell these wares.
4. Technological Factors: Innovation and technology affect business environments. As technology advances,
a business is forced to keep pace. For example, when computers were first invented, they were the size of a
room. Users were forced to employ punch cards to perform basic functions. Today, computers that are much
more powerful can fit into the palm of a hand. Businesses that do not keep up with technology risk increased
costs of production and higher prices. If the company's cost to produce a product or service outpaces competitors,
the company may soon find itself out of business.
5. Legal Factors: Often, a business will need to change how it operates for legal reasons. This is often done
when a company's lawyers anticipate a change in legislation, or it may be due to lawsuits, already filed or
anticipated. For example, if a part in a machine is found to be defective, the company may need to issue a
recall. If other companies in the same industry are being sued over something like a data breach of confidential
information, a business may need to change how information is collected and stored.
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improvements have been registered in the indicators related to 'Construction Permits' and 'Trading
across Borders'. In grant of construction permits, India's rank improved from 181 in 2017 to 52in 2018,
an improvement of 129 ranks in a single year. In 'Trading across Borders', India's rank improved by 66
positions moving from 146 in 2017 to 80in 2018. The changes in six indicators where India improved
its rank are as follows:
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Chapter 7: BUSINESS ENVIRONMENT
C. Starting a Business
a. Procedures reduced from 11 to 10 in Delhi and 12 to 10 in Mumbai
b. Time reduced from 30 to 16 days in Delhi and 29.5 to 17 days in Mumbai
c. PAN, TAN, DIN now merged with SPICe making it a single form for company incorporation
d. No requirement of inspection for registration under Shops & Establishment in Mumbai
e. Distance to Frontier improved from 75.40 to 80.96
D. Access to Credit
a. Rank improved from 29 to 22
b. DTF improved from 75 to 80
c. Strength of legal rights index improved from 8 to 9
d. Secured creditors will now be repaid first during business liquidation hence given priority
over other claims
E. Access to Electricity
a. Procedures reduced from 5 to 3 in Delhi and 5 to 4 in Mumbai
b. DTF improved from 85.21 to 89.15
Improvement has taken place due to the commitment of the Government to carry out comprehensive and complex
reforms, supported by the bureaucracy which has changed its mindset from a regulator to a facilitator. The
Government has undertaken an extensive exercise of stakeholder consultations to understand challenges of the
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industry, government process re-engineering to provide simplified and streamlined processes to create a more
conducive business environment in the country. As a result of continued efforts, India's rank has improved as
follows:
The eight indicators in which India has improved its rank over last four years:
S. No. Indicator 2014 2018 Change
1 Construction Permits 184 52 +132
2 Getting Electricity 137 24 +113
3 Trading across Borders 126 80 +46
4 Paying Taxes 156 121 +35
5 Resolving Insolvency 137 108 +29
6 Enforcing Contracts 186 163 +23
7 Starting a Business 158 137 +21
8 Getting Credit 36 22 +14
EASE OF DOING BUSINESS INDEX BY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL
TRADE (DPIIT) FOR STATES
Department for Promotion of Industry and Internal Trade (DPIIT), in coordination with Central
Ministries/Departments and Governments of States/Union Territories (UTs), has taken several reform measures with
an aim to improve regulatory environment and facilitate doing business in India. The details of action taken in
this regard are given below:
A. World Bank’s Ease of Doing Business Assessment
The World Bank released the Doing Business Report (DBR), 2019 on 31st October, 2018. India
ranks 77 among 190 countries assessed by the Doing Business Team. India has leapt 23 ranks over
its rank of 100 in the DBR 2018. The DBR is an assessment of 190 economies and covers 10
indicators which span the lifecycle of a business. The indicator wise rank of India in World Bank’s
DBR 2019 is as follows:
S. No. Indicator Rank
1. Starting a Business 137
2. Dealing with Construction Permits 52
3. Getting Electricity 24
4. Registering Property 166
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5. Getting Credit 22
6. Protecting Minority Investors 7
7. Paying Taxes 121
8. Trading Across Borders 80
9. Enforcing Contracts 163
10. Resolving Insolvency 108
Overall 77
Some of the major indicator wise reforms undertaken by the Government towards easing the business
environment in the country are as under:
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a. An online single window system has been introduced in Delhi (By Municipal Corporations
in Delhi) and Mumbai (By Municipal Corporation of Greater Mumbai) integrating internal
and external departments, removing requirement of visiting them individually.
b. Unified building bye-laws 2016 have been introduced in Delhi.
c. Deemed approvals have been introduced in Delhi, if approvals are not granted within
defined timelines.
d. Risk based classification of buildings has been introduced for fast tracking building plan
approval, inspection and grant of occupancy-cum-completion certificate.
e. Requirement of submitting notarized certificates or affidavits for building plan approval
has been replaced with e-undertaking in Delhi.
f. Multiple inspections at completion stage have been replaced by single joint inspection in Delhi.
g. Road cutting and restoration for water and sewer connections have been simplified.
(iii) Getting Electricity
a. Procedures for internal wiring inspection by the Electrical Inspectorate (in Delhi) have been eliminated.
b. In Delhi, service line charges have been capped to INR 25,000/- in electrified areas for Low Tension loads
up to 150 KW.
c. Time taken by the utility to carry out external connection works has been reduced in Delhi.
(iv) Getting Credit
a. Secured creditors are paid first during business liquidation, and hence have priority over
other claims such as labour and tax.
(v) Paying Taxes
a. 17 indirect Central and State taxes have been replaced with a single indirect tax, Goods and Service Tax
(GST), for the entire country. The previous sales taxes including the central sales tax, CENVAT, state VAT and
the service tax have been merged into the GST. Unification of these taxes will reduce the cascading effect of taxes
and make taxes paid on inputs creditable to a higher percentage.
b. Corporate income tax has been reduced from 30% to 25% for companies with a turnover
up to INR 250 crore.
c. Electronic System for payment of Social Security Contributions has been introduced
enabling easier return payment.
d. Making payment of EPF has been made mandatory electronically.
e. Administrative charges on The Employees' Provident Funds Scheme, 1952 (EPFS) have
been reduced in March 2017 from 0.85% to 0.65% of the monthly pay. The Employees’
Deposit Linked Insurance (EDLI) administrative charges of 0.01% have been removed.
(vi) Trading Across Borders
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a. Time and cost to export and import has been reduced through various initiatives,
including the implementation of electronic sealing of containers, up gradation of port
infrastructure and allowing electronic submission of supporting documents with digital signatures.
b. Enhancement of risk-based inspections for both imports and exports, whereby only about
5% of goods are physically inspected.
c. Advance Bill of Entry has been adopted which allows importers to start the process of
customs clearance before the arrival of the vessel.
d. Equipment on the Nhava Sheva Port in Mumbai has been upgraded by adding 15 new
Rubber Tyre Gantry Cranes. The Phase 1 of the Fourth Container Terminal at the
Jawaharlal Nehru Port Trust, with an additional annual capacity of 2,400,000 TEUs, was
completed in February 2018.
e. The new container terminal, Adani CMA Mundra Terminal Private Limited has been fully
operational since June 2017, with an additional annual capacity of 1,300,000 TEUs.
f. e-Sanchit, an online application system, under the Single Window Interface for Trade (SWIFT) has been
implemented. It allows traders to submit all supporting documents electronically with digital signatures.
(vii) Enforcing Contracts
a. National Judicial Data Grid has been introduced which makes it possible to generate
case measurement report on local courts.
b. The Commercial Courts Act 2015 has been amended to reduce the pecuniary jurisdiction of commercial courts
from INR 1 crore to INR 3 lakhs to establish commercial courts at the District Level. This will help in speedier
disposal of commercial disputes and reduce pendency.
(viii) Resolving Insolvency
a. Insolvency and Bankruptcy Code 2016 has been adopted that introduced a reorganization
procedure for corporate debtors and facilitated continuation of the debtors’ business
during insolvency proceedings.
b. Professional institutions have been established for effective handling of restructuring
and insolvency proceedings.
c. Time-bound resolution process is done under the IBC and liquidation is the last resort.
d. Section 42 of the Insolvency & Bankruptcy Code 2016 has been amended to provide
that a creditor has the right to object to decisions of the liquidator accepting or rejecting
claims against the debtor brought by the creditor itself and by any other creditor.
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4. In 2017, the reform exercise was updated to 372 action points with additions introduced
such as Central Inspection system, Trade License, Registration under Legal Metrology, and
Registration of Partnership Firms & Societies.
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iv. 21 States/UTs have implemented a GIS system to provide details about the land earmarked for industrial use
across the State
v. 23 States/UTs have reduced the number of documents required for Obtaining Electricity connection to only 2
vi. 18 States/UTs have brought all compliance inspections conducted by Labour, Factories, Boilers Departments
and Pollution Control Boards under Central Inspection Framework
vii. 12 States/UTs have merged of the payment of court fees and process fees into a single transaction with
some states like Jharkhand, Maharashtra, and Gujarat even repealing process fees from the Court Fees Act
viii. 29 States/ UTs have notified a list of white category industries exempted from taking pollution clearances.
ix. 20 States/UTs implementing an online application system Wholesale Drug License and Retail Drug License
(Pharmacy).
x. 18 States/UTs have online systems for Registration of Partnership firms and Societies,
xi. 20 States/UTs have implemented an online system for registration and renewal under the Legal Metrology
Act, 2009.
8. District Reform Action Plan: A comprehensive 218-point District Reform Plan has been prepared
and shared with the State Governments with a request to implement the same in the districts.
The Action Plan is spread across 8 areas: Starting a Business for Construction, Urban Local
Body Services, Paying Taxes, Land Reform Enabler, Land Administration and Property
Registration Enablers, Obtaining Approval, Miscellaneous and Grievance Redressal/ Paperless
Courts and Law & Order.
MCQ (ICSI):
1. The World Bank released the Doing Business Report (DBR), 2019 on _____________.
(a) 31st October, 2018
(b) 31st August, 2018
(c) 31st July, 2018
(d) 31st May, 2018
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2. The DBR is an assessment of _________ and covers 10 indicators which span the lifecycle of a business.
(a) 200 economies
(b) 190 economies
(c) 180 economies
(d) 170 economies
3. In the World Bank’s latest Doing Business Report(DBR, 2019), India has recorded a jump of 23 positions
to be placed at ___________ among 190 countries
(a) 77th rank
(b) 87th rank
(c) 97th rank
(d) 107th rank
4. Who gave the following definition, “Business environment is the aggregate of all conditions, events and
influence that surrounds and affect it”?
(a) FW Taylor
(b) Henry Fayol
(c) Keith Davis
(d) Maslow
5. According to Ease of Doing Business Index by Department for Promotion of Industry and Internal Trade
(DPIIT) for States, what is the rank of India with reference to starting a business?
(a) 140
(b) 157
(c) 167
(d) 137
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Chapter 8: GOVT. INSTITUTIONS
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Chapter 8: GOVT. INSTITUTIONS
Features
NITI Aayog is developing itself as a State-of-the-art Resource Centre, with the necessary resources, knowledge
and skills, that will enable it to act with speed, promote research and innovation, provide strategic policy vision
for the government, and deal with contingent issues.
NITI Aayog’s entire gamut of activities can be divided into four main heads:
1. Design Policy & Programme Framework
2. Foster Cooperative Federalism
3. Monitoring & Evaluation
4. Think Tank and Knowledge & Innovation Hub
The different verticals of NITI provide the requisite coordination and support framework for NITI to carry
out its mandate. The list of verticals is as below:
1. Agriculture
2. Health
3. Women & Child Development
4. Governance & Research
5. HRD
6. Skill Development & Employment
7. Rural Development
8. Sustainable Development Goals
9. Energy
10. Managing Urbanization
11. Industry
12. Infrastructure
13. Financial Resources
14. Natural Resources & Environment
15. Science & Tech
16. State Coordination & Decentralized Planning (SC&DP)
17. Social-Justice & Empowerment
18. Land & Water Resources
19. Data management & Analysis
20. Public-Private Partnerships
21. Project Appraisal and Management Division (PAMD)
22. Development Monitoring and Evaluation Office
23. National Institute of Labour Economics Research and Development (NILERD)
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Chapter 8: GOVT. INSTITUTIONS
The project is being implemented in three phases over a period of 30 months, coming to an end in 2020.
The two phases of the project have been completed. It is now in the third phase of implementation,
which will last for 18 months.
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Chapter 8: GOVT. INSTITUTIONS
(iii) Indian Institute Of Corporate Affairs : IICA has been established by the Indian Ministry of Corporate
Affairs for capacity building and training in various subjects and matters relevant to corporate
regulation and governance such as corporate and competition law, accounting and auditing
issues, compliance management, corporate governance, business sustainability through
environmental sensitivity and social responsibility, e-Governance and enforcement etc.
One of the Wings of IICA, the ICLS Academy, has the responsibility for conducting the
Induction & Advanced Training for probationary Officers (POs) belonging to the Indian
Corporate Law Service recruited through the Common Exam of Civil Services Examination
conducted by UPSC.
The Institute has been designed with an eye on the future to provide a platform for dialogue, interaction and
partnership between governments, corporate, investors, civil society, professionals, academicians and other
stake holders in the emerging 21st century.
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Chapter 8: GOVT. INSTITUTIONS
The objective of SEBI is to ensure that the Indian capital market works in a systematic manner and provide
investors with a transparent environment for their investment. To put it simply, the primary reason for setting up
SEBI was to prevent malpractices in the capital market of India and promote the development of the capital
markets.
The Preamble of the Securities and Exchange Board of India describes the basic functions of the Securities
and Exchange Board of India as:
“...to protect the interests of investors in securities and to promote the development of,
and to regulate the securities market and for matters connected therewith or incidental
thereto.”
Functions of SEBI
The functions and powers of SEBI have been listed in the SEBI Act,1992. SEBI caters to the needs of
three parties operating in the Indian Capital Market. These three participants are mentioned below
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Chapter 8: GOVT. INSTITUTIONS
• Issuers of the Securities: Companies that issue securities are listed on the stock exchange.
They issue shares to raise funds. SEBI ensures that the issuance of Initial Public Offerings
(IPOs) and Follow-up Public Offers (FPOs) can take place in a healthy and transparent way.
• Protects the Interests of Traders & Investors: It is a fact that the capital markets are functioning
just because the traders exist. SEBI is responsible for safeguarding their interests and ensuring
that the investors do not become victims of any stock market fraud or manipulation.
• Financial Intermediaries: SEBI acts as a mediator in the stock market to ensure that all the
market transactions take place in a secure and smooth manner. It monitors every activity of
the financial intermediaries, such as broker, sub-broker, NBFCs, etc
Powers of SEBI
Securities and Exchange Board of India has the following three powers:
Quasi-Judicial: With this authority, SEBI can conduct hearings and pass ruling judgements in cases
of unethical and fraudulent trade practices. This ensures transparency, fairness, accountability
and reliability in the capital market. SEBI PACL case is an example of this power.
Quasi-Legislative: Powers under this segment allow SEBI to draft rules and regulations for the
protection of the interests of the investor. One such regulation is SEBI LODR (Listing Obligation
and Disclosure Requirements). It aims at consolidating and streamlining the provisions of existing
listing agreements for several segments of the financial market like equity shares. This type of
regulation formulated by SEBI aims to keep any malpractice and fraudulent trading activates at
bay.
Quasi-Executive: SEBI is authorised to file a case against anyone who violates its rules and regulation. It
is empowered to inspect account books and other documents as well if it finds traces of any suspicious activity.
CA CS HARISH A MATHARIYA 98220 93220 | YES ACADEMY 8888 235 235 8.6
Chapter 8: GOVT. INSTITUTIONS
The Preamble of the Reserve Bank of India describes the basic functions of the Reserve Bank as:
"to regulate the issue of Bank notes and keeping of reserves with a view to securing monetary stability in
India and generally to operate the currency and credit system of the country to its advantage; to have a
modern monetary policy framework to meet the challenge of an increasingly complex economy, to maintain price
stability while keeping in mind the objective of growth."
Issuer of currency
• Issues and exchanges or destroys currency and coins not fit for circulation.
• Objective: to give the public adequate quantity of supplies of currency notes and coins and in
good quality.
Developmental role
• Performs a wide range of promotional functions to support national objectives.
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Chapter 8: GOVT. INSTITUTIONS
Related Functions
• Banker to the Government: performs merchant banking function for the central and the
state governments; also acts as their banker.
• Banker to banks: maintains banking accounts of all scheduled banks.
Others are autonomous, such as, National Institute for Bank Management, Indira Gandhi Institute for
Development Research (IGIDR), Institute for Development and Research in Banking Technology
(IDRBT)
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Chapter 8: GOVT. INSTITUTIONS
2. Transfer of shares
NCLT is also empowered to hear grievances of rejection of companies in transferring shares and securities and
under section 58- 59 of the Act which were at the outset were under the purview of the Company Law Board.
CA CS HARISH A MATHARIYA 98220 93220 | YES ACADEMY 8888 235 235 8.9
Chapter 8: GOVT. INSTITUTIONS
Going back to Companies Act, 1956 the solution available for rejection of transmission or transfer were limited only
to the shares and debentures of a company but as of now the prospect has been raised under the Companies
Act, 2013 and the now covers all the securities which are issued by any company.
3. Deposits
The Chapter V of the Act deals with deposits and was notified several times in 2014 and
Company Law Board was the prime authority for taking up the cases under said chapter.
Now, such powers under the chapter V of the Act have been vested with NCLT. The provisions
with respect to the deposits under the Companies Act, 2013 were notified prior to the inception
of the NCLT. Unhappy depositors now have a remedy of class actions suits for seeking remedy
for the omissions and acts on part of the company that impacts their rights as depositors.
4. Power to investigate
As per the provision of the Companies Act, 2013 investigation about the affairs of the company
could be ordered with the help of an application of 100 members whereas previously the
application of 200 members was needed for the same. Moreover, if a person who isn’t related
to a company and is able to persuade NCLT about the presence of conditions for ordering an
investigation then NCLT has the power for ordering an investigation. An investigation which
is ordered by the NCLT could be conducted within India or anywhere in the world. The
provisions are drafted for offering and seeking help from the courts and investigation agencies
and of foreign countries.
CA CS HARISH A MATHARIYA 98220 93220 | YES ACADEMY 8888 235 235 8.10
Chapter 8: GOVT. INSTITUTIONS
Jurisdiction of NCLAT
The National Company Law Appellate Tribunal is headed by the Chairperson and consists of not more than
eleven members. It is a higher law governing forum than NCLT. The Appellate Tribunal hears appeals filed
against the Tribunal court orders. The appeal can be placed within 45 days from the date on which NCLT
announces its decisions. The Appellate Tribunal court goes through the evidence transferred from the Tribunal,
making changes or confirming the order given by the latter. This process happens within a time span of six months.
MCQ: (ICSI)
1. The Insolvency and Bankruptcy Board of India was established on___________.
(a) 1st October, 2016
(b) 1st October, 2017
(c) 1st October, 2015
(d) 1st October, 2018
2. Which of the following is not the affiliated office of Ministry of Corporate Affairs?
(a) Serious Fraud Investigation Office
(b) Competition Commission of India
CA CS HARISH A MATHARIYA 98220 93220 | YES ACADEMY 8888 235 235 8.11
Chapter 8: GOVT. INSTITUTIONS
4. National Company Law Appellate Tribunal (NCLAT) was constituted under _________of the
Companies Act, 2013
(a) Section 310
(b) Section 410
(c) Section 510
(d) Section 610
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CA CS Harish Mathariya
[CA, CS, GDC & A, B.Com & L.L.B (P)]