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Thursday, October 1, 1998

Panel moots repeal of 1,300 central laws

EXPRESS NEWS SERVICE  
NEW DELHI, Sept 30: The commission on review of administrative laws has suggested repealing of as many as 1,300 central laws out of a total of 2,500 laws currently in force. In addition, the commission made a case for changes in the important statutes covering a wide spectrum of economic activities. These laws relate to company law, non-banking finance companies (NBFCs), foreign investment, taxation, industry, export-import, sick companies, urban development, labour, drug policy and environment.

The two-volume report, presented by commission chairman P C Jain to cabinet secretary Prabhat Kumar on Wednesday, pointed out that 166 central acts, 315 amendment acts, 12 British statutes, 17 war-time permanent ordinances, 115 central acts relating to state subjects and 700 appropriation acts be repealed because they have, "either become irrelevant or disfunctional".

The cabinet secretary assured the three-member commission which included H D Shourie, S Ramaiah and PSA Sundaram, that government would examine thereport in a time-bound manner and take appropriate action.

Referring to company law provisions, the commission wanted the government to refer the draft Companies Bill to a select committee for taking note of the proposed improvements from government agencies, industry, consumer groups and "then enact the bill in the next six months."

It pointed out that the present procedures for winding up companies should be comprehensively revised, as suggested by user groups, and fast-track tribunals be set up. The Company Law Board needed to be streamlined in terms of procedures and infrastructure to handle the new responsibilities. Also the confusion over the roles of RBI, Sebi and department of company affairs should be removed.

On the issue of investor protection and NBFC regulation, the commission urged the government to "clearly vest the responsibility in the RBI for strictly and effectively enforcing the regulatory mechanism", and give wide publicity to various measures which were proposed to be taken by thecentral and state governments for registration and regulation of NBFCs, protection of depositors, action against erring companies and easily accessible and effective avenues for grievance redressal.

It says that the mechanism should be to aim at not only on prosecuting offenders but also in arranging for early payment of deposits. The immediate introduction of the proposed insurance scheme would be helpful in this regard.

With regard to problems of FDI, the commission pointed out that inflows were being adversely influenced by "state level delays in approvals, confusion over the role of regulatory authorities in power, telecom and other sectors, red tap, inconsistent guidelines, cumbersome documentation, apprehensions over the delays in dispute resolution and contract enforcement. The commission suggested that these apprehensions and impressions needed to be detailed and reduced to actionable issues at the level of different authorities, and harmoniously resolved by inter-ministerial groups.

Noting withconcern the persistence of the inspector raj, the commission called for an urgent review of the rationale for inspections and documentation under different central and state departments, the laws and practices governing inspections, and the need for adoption of more efficient and transparent surveillance.

It also urged the central ministries in charge of industry, labour, environment, power and other departments to interact with state governments for widespread adoption of various good practices.

The commission wanted the government to process various recommendations of the working group set up for comprehensive revision of income tax. The steps for simplification of forms and procedures, shortening dispute settlement period and compounding of offences should be carried forward vigorously.

With regard to indirect taxe, the commission urged the department of revenue to consider the report submitted by a working group on amendments to excise rules and regulations, and introduce the new rules, regulations,procedures as soon as possible. Similar exercise, it said, should be taken in case of customs.

The commission noted with concern that both in case of imports and exports, the problems arise from continuous changes in the handbook of procedures, circulars and notifications issued in the period between successive budgets. It has suggested that, "since excise and customs are indirect taxes, simplicity, certainty and early finalisation of taxes are more important than a rule-based attitude." The changes in rules and inter agency coordination and procedures should be directed towards this objective.

The commission has also suggested imaginative handling of the issues in WTO and encouragement to advance rulings.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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