The Foreign Exchange Regulation Act of 1973 (FERA) in India was repealed on 1st June, 2000. It was replaced by the Foreign Exchange Management Act (FEMA), which was passed in the winter session of Parliament in 1999. Enacted in 1973, in the backdrop of acute shortage of Foreign Exchange in the country, FERA had a controversial 27 year stint during which many bosses of the Indian Corporate world found themselves at the mercy of the Enforcement Directorate (E.D.). Any offense under FERA was a criminal offense liable to imprisonment, whereas FEMA seeks to make offenses relating to foreign exchange civil offenses. FEMA, which has replaced FERA, had become the need of the hour since FERA had become incompatible with the pro-liberalization policies of the Government of India. FEMA has brought a new management regime of Foreign Exchange consistent with the emerging frame work of the World Trade Organization (WTO). It Continue reading
Legal Framework
The Mines Act 1952
The mines act, 1952 which was enacted to amend and consolidate the law relating to the regulation of Lob our and safety in mines came into force with effect from July 1, 1952. The act extends to whole of India and it aims at providing for safe as well as proper working conditions in mines and certain amenities to the workers employed therein. For the purpose of the act, a mines means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes, i) all borings, bore holes and oil wells. ii) All shafts, in or adjacent to and belonging to a mine whether in the course of being sunk or not. iii) all power stations for supply electricity solely for the purpose of working the mine or a number of mines under the same management; iv) Continue reading
The Depositories Act, 1996
The Depositories Act, 1996 was enacted to provide for regulation of depositories in securities and for matters connected therewith or incidental thereto. It came into force from 20th September, 1995. The terms used in The Depositories Act,1996 are defined as under: (1) “Beneficial owner” means a person whose name is recorded as such with a depository. (2) “Depository” means a company, formed and registered under the Companies Act, 1956 and which has been granted a certificate of registration under sub-section (1A) of section 12 of the SEBI Act, 1992. (3) “Issuer” means any person making an issue of securities. (4) “Participant” means a person registered as such under sub-section (1A) of section 12 of the SEBI Act, 1992. (5) “Registered owner” means a depository whose name is entered as such in the register of the issuer. Agreement between depository and participant A depository shall enter into an agreement in the Continue reading
Introduction to Service Tax
Service tax is a tax on service. This is not tax on profession, trade. Calling or employment but is in respect of service rendered. If there is no service, there is no tax. As per Webster’s Concise Dictionary ‘service’ means a useful result or product of labor, which is not a tangible commodity. Thus basically service is a value addition that can be perceived but cannot be seen, as it’s tangible. However, usage of some goods during the course of rendering the service would not mean that there is no ‘service’. It is the predominant factor in each case, which is to be studied to arrive at a conclusion. Service tax is a tax levied on service providers in India, except the State of Jammu and Kashmir. Service Tax, introduced from the financial year 1994-95 now covers as many as 41 services within its ambit. Service sector, which has an Continue reading
Factories Act 1948
Factory Act 1948 1. Government regulation o the working condition in factories begins in India in 1881 when the first Indian factories Act was passed. 2. This act was substantially amended in 1934 on the basis ob the recommendations of the Royal commission on labour. 3. The act of 1934 dividend factories into two categories-seasonal and perennial. 4. This act was amended several times. 5. On the eve of independence the national government announced far reaching legislative program for the welfare of workers. 6. As a part of this program, the factories act 1948 was passed. 7. The factories act 1948 is comprehensive in nature and through it the government has tried to implement as Continue reading
Summary of important sections of Banking Regulation Act
The Banking Regulation Act was passed as the Banking Companies Act 1949 and came into force wef 16.3.49. Subsequently it was changed to Banking Regulations Act 1949 wef 01.03.66. Summary of some important sections is provided hereunder.(Note: The section no. is given at the end of each item. For details, kindly refer the bare Act.) Banking means accepting for the purpose of lending or investment of deposits of money from public repayable on demand or otherwise and withdrawable by cheque, drafts order or otherwise (5 (i) (b)). Banking company means any company which transacts the business of banking (5(i)(c) Transact banking business in India (5 (i) (e). Demand liabilities are the liabilities which must be met on demand and time liabilities means liabilities which are not demand liabilities (5(i)(f) Secured loan or advances means a loan or advance made on the security of asset the market value of which Continue reading