Bikky Khosla | 17 Jul, 2018
The
Centre is setting the ground for another overhaul of the Companies
Act 2013. According to a press statement released by the Ministry
of Corporate Affairs last week, the government has constituted a
committee to revisit several provisions of the Act. Under this
arrangement, a 10-member expert group has been given 30 days to work
out whether some offences punishable with fine only or punishable
with fine or imprisonment may instead be considered 'civil
wrongs' or 'defaults' only.
This
is a welcome step. According to experts, there
are several provisions related to strict penalties and imprisonment
under
the Act, and it has
also been a long-drawn demand
of the Indian industry for going off with them. While
the government has been
working vigorously to improve ease
of doing business in
the country,
this step can certainly
help
boost the business environment significantly.
Additionally,
private
sector investment, which is yet
to pick up steam, can
be expected to get encouragement from
the move.
The
official release adds that the
committee will also review the
provisions relating to non-compoundable offences and recommend
whether any such provisions need to be re-categorised as compoundable
offence. Additionally,
it says the government will work on laying the broad contours of an
in-house adjudicatory mechanism where penalty may be levied in a
Mission Mode Project (MCA21) system driven manner so that discretion
is minimised. Again, these
proposals deserve
applause.
When
the Modi government came to power, review
of the Companies Act was
one of the top demands of the Indian industry, and so the measure
proposed last
week is
a long
overdue--but
better late than never. Noticeably,
it seems--considering the fact that the committee has been asked to
submit its report within 30 days--the Centre now wants to quickly
incorporate
the proposed
changes,
giving
relief to the
Indian industry
from blind application
of the
unduly harsh provisions
of the Act.
I
invite your opinions.