Saturday, 9 February 2019

CORPORATE UPDATES 09.02.2019





MCA UPDATES

MCA21 system will be intermittently unavailable from Saturday, 09 Feburary 2019 10:00 PM to Sunday, 10th Feburary 2019 10.00 AM IST due to maintenance activity Stakeholders are requested to plan accordingly.
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FORMAT FOR ANNUAL SECRETARIAL AUDIT REPORT AND ANNUAL SECRETARIAL COMPLIANCE REPORT FOR LISTED ENTITIES AND THEIR MATERIAL SUBSIDIARIES

1.   The Committee on Corporate Governance, constituted under the Chairmanship of Shri Uday Kotak, in its report dated October 05, 2017, recommended the following in view of the criticality of secretarial functions to efficient board functioning

a.    Secretarial audit to be made compulsory for all listed entities under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“Regulations”) in line with the provisions of the Companies Act, 2013.
b.    Secretarial audit to be extended to all material unlisted Indian subsidiaries in line with the recommendations of the Committee on strengthening group oversight and improving compliance at a group level for listed entities.

2.    The aforesaid recommendations were accepted and in order to implement the same, the  SEBI (Listing  Obligations and Disclosure Requirements) Regulations, 2015 have been amended to include the following Regulation 24A:

“24A: Secretarial Audit
_Every listed entity and its material unlisted subsidiaries incorporated in India shall undertake secretarial audit and shall annex with its  annual report, a secretarial audit report, given by a company secretary in practice, in such form as may be prescribed with effect from the year ended March 31, 2019.”_

3.    Accordingly, the following shall be complied with by a listed entity and its material unlisted subsidiaries as applicable:

a.    Annual secretarial audit report
(i)    Currently, Section 204 of the Companies Act, 2013 read with rule 9 of the Companies (Appointment and Remuneration of Managerial Personnel)  Rules,  2014  requires  Secretarial  Audit  by  Practicing Company  Secretaries  (PCS)  for  listed  companies  and  certain unlisted companies above a certain threshold in From No. MR-3.
(ii)    In order to avoid duplication, the listed entity and its unlisted material subsidiaries shall continue to use the same Form No. MR-3 as required under Companies Act, 2013 and the rules made thereunder for the purpose of compliance with Regulation 24A of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 as well.

b.    Annual secretarial compliance report
(i)    While the annual secretarial audit shall cover a broad check on compliance with all laws applicable to the entity, listed entities shall additionally, on an annual basis, require a check by the PCS on compliance of all applicable SEBI Regulations and circulars/ guidelines issued thereunder, consequent to which, the PCS shall submit a report to the listed entity in the manner specified in this circular.
(ii)    The format for the annual secretarial compliance report is placed at Annex-A
(iii)    The annual secretarial compliance report in the aforesaid format shall be submitted by the listed entity to the stock exchanges within 60 days of the end of the financial year.
c.    The listed entities and their material subsidiaries shall provide all such documents/information as may be sought by the PCS for the purpose of providing a certification under the Regulations and this circular.

4.    ICSI may consider issuing a guidance note to Practising Company Secretaries to enable them  to undertake certifications in accordance with the Regulations and this circular in letter and in spirit.

5.    The Stock Exchanges are advised to bring the provisions of this circular to notice of the listed entities and also to disseminate on their websites.

6.    This circular shall come into force as under:
a.    With respect to the annual secretarial audit report, in the annual reports of the listed entities and the material unlisted subsidiaries from the financial year ended March 31, 2019 onwards.
b.    With respect to the annual secretarial compliance report, applicable to listed entities, with effect from the financial year ended March 31, 2019 onwards.

7.    The circular is issued in exercise of the powers conferred under sections 11 and 11A of the Securities and Exchange Board of India Act, 1992 read with Regulations 24A and 101 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015.

8.    The circular is available on SEBI website.

For Annexure – A visit below link…

https://www.sebi.gov.in/legal/circulars/feb-2019/physical-settlement-of-stock-derivatives_42021.html
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COMPANIES (SIGNIFICANT BENEFICIAL OWNERSHIP) AMENDMENT RULES, 2019

In exercise of the powers conferred by sub-sections (1) and (2) of section 469 read with section 90 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Significant Beneficial Owners) Rules, 2018, namely:-

1. (1) These rules may be called the Companies (Significant Beneficial Owners) Amendment Rules, 2019
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Significant Beneficial Owners) Rules, 2018 (hereinafter referred to as the principal rules), in rule 2, in sub-rule (1), for clauses (b) to (e), the following clauses shall be substituted namely:-

(b) control means control as defined in clause (27) of section 2 of the Act;
(c) form means the form specified in Annexure to these rules;
(d) majority stake means
(i) holding more than one-half of the equity share capital in the body corporate; or
(ii) holding more than one-half of the voting rights in the body corporate; or
(iii) having the right to receive or participate in more than one-half of the distributable dividend or any other distribution by the body corporate;
(e) partnership entity means a partnership firm registered under the Indian Partnership Act, 1932 (9 of 1932) or a limited liability partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009);
(£) reporting company means a company as defined in clause (20) of section 2 of the Act, required to comply with the requirements of section 90 of the Act;
(g) section means a section of the Act;
(h) significant beneficial owner in relation to a reporting company means an individual referred to in sub-section (1) of section 90, who acting alone or together, or through one or more persons or trust, possesses one or more of the following rights or entitlements in such reporting company, namely:-
(i) holds indirectly, or together with any direct holdings, not less than ten per cent. of the shares
(ii) holds indirectly, or together with any direct holdings, not less than ten per cent. of the voting rights in the shares;
(iii) has right to receive or participate in not less than ten per cent. of the total distributable dividend, or any other distribution, in a financial year through indirect holdings alone, or together with any direct holdings;
(iv) has right to exercise, or actually exercises, significant influence or control, in any mam1er other than through direct holdings alone:

Explanation I - For the purpose of this clause, if an individual does not hold any right or entitlement indirectly under sub-clauses (i), (ii) or (iii), he shall not be considered to be a significant beneficial owner.

Explanation lI - For the purpose of this clause, an individual shall be considered to hold a right or entitlement directly in the reporting company, if he satisfies any of the following criteria, namely.-
(i) the shares in the reporting company representing such right or entitlement are held in the name of the individual;
(ii) the individual holds or acquires a beneficial interest in the share of the reporting company under sub-section (2) of section 89, and has made a declaration in this regard to the reporting company.

Explanation Ill - For the purpose of this clause, an individual shall be considered to hold a right or entitlement indirectly in the reporting company, if he satisfies any of the following criteria, in respect of a member of the reporting company, namely:-
(i) where the member of the reporting company is a body corporate (whether incorporated or registered in India or abroad), other than a limited liability partnership, and the individual,-
(a) holds majority stake in that member; or
(b) holds majority stake in the ultimate holding company (whether incorporated or registered in India or abroad) of that member;
(ii) where the member of the reporting company is a Hindu Undivided Family (HUF) (through karta), and the individual is the karta of the HUF;
(iii) where the member of the reporting company is a partnership entity (through itself or a partner), and the individual,-
(a) is a partner; or
(b) holds majority stake in the body corporate which is a partner of the partnership entity; or
(c) holds majority stake in the ultimate holding company of the body corporate which is a partner of the partnership entity.

(iv) where the member of the reporting company is a trust (through trustee), and the individual,-
(a) is a trustee in case of a discretionary trust or a charitable trust;
(b) is a beneficiary in case of a specific trust;
(c) is the author or settler in case of a revocable trust.
(v) where the member of the reporting company is,-
(a) a pooled investment vehicle; or
(b) an entity controlled by the pooled investment vehicle,
based in member State of the Financial Action Task Force on Money Laundering and the regulator of the securities market in such member State is a member of the International Organization of Securities Commissions, and the individual in relation to the pooled investment vehicle,-
(A) is a general partner; or
(B) is an investment manager; or
(C) is a Chief Executive Officer where the investment manager of such pooled vehicle is a body corporate or a partnership entity.

Explanation IV Where the member of a reporting company is,
(i) a pooled investment vehicle; or
(ii) an entity controlled by the pooled investment vehicle,
based in a jurisdiction which does not fulfil the requirements referred to in clause (v) of Explanation Ill, the provisions of clause (i) or clause (ii) or clause
(iii) or clause (iv) of Explanation III, as the case may be, shall apply.

Explanation V - For the purpose of this clause, if any individual, or individuals acting through any person or trust, act with a common intent or purpose of exercising any rights or entitlements, or exercising control or significant influence, over a reporting company, pursuant to an agreement or understanding, formal or informal, such individual, or individuals, acting through any person or trust, as the case may be, shall be deemed to be 'acting together'.

Explanation VI - For the purposes of this clause, the instruments in the form of global depository receipts, compulsorily convertible preference shares or
compulsorily convertible debentures shall be treated as 'shares'.
(i) significant influence means the power to participate, directly or indirectly, in the financial and operating policy decisions of the reporting company but is not control or joint control of those policies'.

3. In the principal rules, for rules 3 and 4, the following rules shall be substituted, namely:-
2A. Duty of the reporting company - (1) Every reporting company shall take necessary steps to find out if there is any individual who is a significant beneficial owner, as defined in clause (h) of rule 2, in relation to that reporting company, and if so, identify him and cause such individual to make a declaration in Form No. BEN-1
(2) Without prejudice to the generality of the steps stated in sub-rule (1), every reporting company shall in all cases where its member (other than an individual), holds not less than ten per cent of its;-
(a) shares, or
(b) voting rights, or
(c) right to receive or participate in the dividend or any other distribution payable in a financial year, give notice to such member, seeking information in accordance with sub­ section (5) of section 90, in Form No. BEN-4.

3. Declaration of significant beneficial ownership under section 90 - (1) On the date of commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019, every individual who is a significant beneficial owner in a reporting company, shall file a declaration in Form No. BEN-1to the reporting company within ninety days from such commencement.
(2) Every individual, who subsequently becomes a significant beneficial owner, or where his significant beneficial ownership undergoes any change shall file a declaration in Form No. BEN-1 to the reporting company, within thirty days of acquiring such significant beneficial ownership or any change therein.

Explanation - Where an individual becomes a significant beneficial owner, or where his significant beneficial ownership undergoes any change, within ninety days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019, it shall be deemed that such individual became the significant beneficial owner or any change therein happened on the date of expiry of ninety days from the date of commencement of said rules, and the period of thirty days for filing will be reckoned accordingly.

4. Return of significant beneficial owners in shares - Upon receipt of declaration under rule 3, the reporting company shall file a return in Form No. BEN-2 with the Registrar in respect of such declaration, within a period of thirty days from the date of receipt of such declaration by it, along with the fees as prescribed in Companies (Registration offices and fees) Rules, 2014.

4. In the said principal rules, for rules 7 and 8, the following rules shall be substituted, namely:-

7. Application to the Tribunal
The reporting company shall apply to the Tribunal, -
(i) where any person fails to give the information required by the notice in Form No. BEN-4, within the time specified therein; or
(ii) where the information given is not satisfactory, in accordance with sub-section (7) of section 90, for order directing that the shares in question be subject to restrictions, including -
(a) restrictions on the transfer of interest attached to the shares in question;
(b) suspension of the right to receive dividend or any other distribution in relation to the shares in question;
(c) suspension of voting rights in relation to the shares in question;
(d) any other restriction on all or any of the rights attached with the shares in question.

8. Non-Applicability -These rules shall not be made applicable to the extent the share of the reporting company is held by,-
(a) the authority constituted under sub-section (5) of section 125 of the Act;
(b) its holding reporting company:
Provided that the details of such holding reporting company shall be reported in Form No. BEN-2.
(c) the Central Government, State Government or any local Authority;
(d) (i) a reporting company, or
(ii) a body corporate, or
(iii) an entity,
controlled by the Central Government or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments;
(e) Securities and Exchange Board of India registered Investment Vehicles such as mu tual funds, alternative investment funds (AIF), Real Estate Investment Trusts (REITs), Infrastructure Investment Trust (lnVITs) regulated by the Securities and Exchange Boa rd of India,
(£) Investment Vehicles regulated by Reserve Bank of India, or Insurance Regulatory and Development Authority of India, or Pension Fund Regulatory and Development Authority.

5. In the principal rules, for Form No. BEN-1, Form No. BEN-2 , Form No. BEN-3 and BEN-4 the following Forms shall be substituted.

For Details visit below link.
http://www.mca.gov.in/Ministry/pdf/CompaniesOwnersAmendmentRules_08020219.pdf
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SEBI COMES OUT WITH FORMAT FOR ANNUAL SECRETARIAL AUDIT OF LISTED ENTITIES

Markets regulator Sebi Friday came out with the format for listed entities for preparing their annual secretarial audit and compliance reports This would also be applicable for the material unlisted subsidiaries of the listed entities, the regulator said in a circular. Coming out with the circular regarding format for annual secretarial audit report and annual secretarial compliance report for listed entities and their material subsidiaries, Sebi said the compliance report should be submitted to the exchanges within 60 days of the end of a financial year. Currently, under the Companies Act, the entities are required to file an annual secretarial audit report by practising company secretaries. The annual secretarial audit reports are meant to keep a tab on entities regarding compliance with applicable laws. The ICSI (Institute of Company Secretaries of India) may consider issuing a guidance note to practising company secretaries to enable them to undertake certifications in accordance with the regulations and this circular in letter and in spirit, the watchdog said. As per Sebi norms, every listed entity and its material unlisted subsidiaries incorporated in the country should undertake secretarial audit and shall annex with its annual report, a secretarial audit report, with effect from the year ended March 31, 2019.
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NCLT CLOSES INSOLVENCY PROCEEDINGS AGAINST PARSVNATH LANDMARK

The National Company Law Tribunal has closed the insolvency resolution process against a Parsvnath Developers' subsidiary after homebuyers 'amicably settled' their dispute with the realty firm. Parsvnath Developers' arm Parsvnath Landmark is constructing a housing project comprising 500 units, at Civil Lines in the national capital. In its order dated January 11, the NCLT had allowed insolvency proceedings against Parsvnath Landmark after three home buyers approached the tribunal complaining about delay in completion of the project. However, a two-member bench of the NCLT stopped the insolvency proceeding in an order dated February 1, after the financial creditors of the company (homebuyers) informed about the settlement with Parsvnath Landmark. The three flat buyers along with the company filed their affidavits before the tribunal informing the decision. As a sequel to the above discussion, the order dated January 11, 2019 initiating Corporate Insolvency Resolution Process against the Corporate Debtor is closed and naturally the order would not be given effect any further, said the NCLT. The tribunal has also directed the interim resolution professional appointed for Parsvnath Landmark to not conduct any proceedings. It further said: We hope and trust that the parties will abide by the terms of the settlement and avoid another petition with a prayer for triggering of Corporate Insolvency and Bankruptcy Process. However, the IRP informed the tribunal that the committee of creditors has not yet been constituted The IRP also said that 300 claims have been received against the company after a public notice was issued to invite the same. On this NCLT observed: We find that this application is covered, however we constrained to observe that the 300 claims which have been received by the IRP may result in to a spat of the other petitions under Section 7 or 9 of the Code, 2016.
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PSU BANKS' BAD LOANS DECLINE TO RS 8,64,433 CRORE IN APRIL-DECEMBER FY'19: GOVERNMENT

Bad loans of public sector banks declined by more than Rs 31,000 crore to Rs 8,64,433 crore in the first nine months of the current fiscal as compared to end of March 2018, the government said on Friday. Non-performing assets (NPAs) or bad loans of the banks stood at Rs 8,95,601 crore at the end of previous fiscal, Shiv Pratap Shukla said. Bad loans fell to Rs 8,75,619 crore as on June 2018 and further to Rs 8,64,433 crore in December 2018 (as per provisional data), he said. Shukla said presently the government is not considering any proposal for privatisation of PSBs He said bad loans fell by Rs 31,168 crore in April-December 2018-19 compared to NPAs worth Rs 8,95,601 crore at March-end 2018. Asset Quality Review (AQR) initiated in 2015 for clean and fully provisioned bank balance-sheets revealed high incidence of NPAs, he said. As a result of AQR and subsequent transparent recognition by PSBs, stressed accounts were reclassified as NPAs and expected losses on stressed loans, not provided for earlier under flexibility given to restructured loans, were provided for, he said. During the fourth quarter of 2017-18, all such schemes for restructuring stressed loans were withdrawn he said. Primarily as a result of transparent recognition of stressed assets as NPAs, gross NPAs of PSBs as per RBI data on global operations, increased from Rs 2,27,264 crore as on March 31, 2014, to Rs 2,79,016 crore on March 31, 2015, Rs 5,39,968 crore on March 31, 2016 and Rs 6,84,732 crore as on March 31, 2017, he said. With various steps taken by the government including the initiation of transparent recognition in 2015-16 till December 2018, PSBs have successfully recovered an amount of Rs 3,33,491 crore, he said.
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SEBI OFFERS NO OPINION ON MFS’ BREATHER PLAN FOR ZEE ENTERTAINMENT

The Securities and Exchange Board of India (Sebi) has declined to give its opinion on the plan by mutual funds to give Essel Group’s cash-strapped promoters a breather, said people aware of the matter. The capital market regulator has put the onus on funds holding Essel Group debt securities to do what is best for unit holders. They had sought Sebi’s informal nod for a plan that would give the Subhash Chandra-led group time to sell assets and repay debt instead of offloading pledged shares as there has been a drop in the security cover. The funds will now amend the debenture trust deeds to allow this. They had sought Sebi’s informal nod for a plan that would give the Subhash Chandra-led group time to sell assets and repay debt instead of offloading pledged shares as there has been a drop in the security cover. The funds will now amend the debenture trust deeds to allow this. Mutual funds had approached the regulator to allow them to alter the terms of Essel Group debenture trust deeds to give the promoters time till September to bring in a strategic investor for its media business. The group had reached an agreement with lenders, including mutual funds and nonbanking finance companies (NBFCs), to this effect after shares of Zee Entertainment and Dish TV plunged 26% and 33%, respectively, in a single day on January 25. That followed a news report alleging links between the Essel Group and Nityank Infrapower and Multiventures, a company being investigated by the Serious Fraud Investigation Office (SFIO) for deposits of over Rs 3,000 crore after demonetisation. That slump sparked panic about forced selling by lenders as cashstrapped promoters of Zee were unable to provide fresh shares to cover shortfall in collateral. Lenders, including MFs and NBFCs, had agreed in principle to hold off from selling shares of the companies in event of a further drop in prices. Promoters have pledged almost 60% of their 42% in ZEE. The debenture trust deed specifies the equity cover that promoters have to maintain with lenders, which hold shares as collateral. The cover ranges from 1.5 to two times the debt. In the case of Zee, the cover had fallen below the threshold after stock prices fell.
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PUBLIC SECTOR BANKS TO BE RANKED ON BASIS OF PERFORMANCE

The government will start surveying public sector banks annually to rank them on performance parameters ranging from profitability to customer satisfaction. Last year, the government had initiated its reforms agenda for state run lenders termed EASE — Enhanced Access and Service Excellence — and directed them to draw up a board-approved strategic vision consistent with their risk-appetite framework. We will come out with the EASE survey in this fiscal, which will indicate how banks have performed. This will be done annually and will encourage competitiveness among lenders a senior finance ministry official said. The parameters include customer responsiveness, financial inclusion, digital platforms and security. Financial performance will be assessed on the basis of recoveries made, return on assets and differentiated banking strategy, the finance ministry official said. The government expects the financial performance of banks to improve as their bad loans come down. Last month, the RBI allowed three lenders to come out of the prompt corrective action framework, under which some of their activities were curbed. The finance ministry had noted that the recognition exercise for public sector banks is almost over, with restructured standard assets declining from a peak of 7% in March 2015 to 0.59% as of September 2018. PSBs have made a record in recoveries at Rs 60,726 crore in the first half of the current financial year, which is more than double the amount recovered over the corresponding period last year, Kumar had said. The government will also infuse the last tranche of additional capital of Rs 41,000 in state-run lenders to strengthen their capital base. This would enhance the total recapitalisation in the current financial year to Rs 1.06 lakh crore from Rs 65,000 crore. The finance ministry has said that the gross non-performing assets of state-owned banks have started declining after peaking in March 2018, registering a drop of Rs 23,860 crore in the first half of the current financial year.
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NESL HAS RECORDS OF TWO-THIRDS OF LOANS GIVEN BY LENDERS, CREDITORS

More than a year after it was set up under the Insolvency and Bankruptcy Code (IBC), the country’s first information utility (IU) NeSL now has records of two-thirds of all loans given by lenders and operational creditors. National e-Governance Services (NeSL) plans to get the banks that are not registered with it on board by the end of this month so that it has a record of all the loans. This would assist in resolving any dispute that insolvent companies have with the lenders. The information utility has data verified by the debtor company. National Company Law Tribunal (NCLT) President M M Kumar had written to all NCLTs that creditor petition must contain records from the information utility This was done to avoid delays on account of contest by debtors. In the past, there have been cases where debtor companies have contested the figures of unpaid loan amount given by lenders in NCLT.
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RBI MOVE TO REGULATE EPAYMENTS MAY SECURE, STABILISE ECOSYSTEM

The central bank on Thursday said it is examining the possibility of bringing payment gateway operators under its direct regulatory ambit a move that industry players said will make the digital payments ecosystem more secure and stable We are considering the feasibility of directly regulating these payment operators given their growing importance in the payment systems of the country, we deem such a step to be important, Reserve Bank of India governor Shaktikanta Das said. The RBI said it will soon publish a draft of the regulatory guidelines for stakeholder consultations. Mint Road and New Delhi have been in talks for some time now to come up with a comprehensive regulatory solution for the burgeoning payment systems in the country, which is riding the growth of ecommerce and m-commerce transactions. Meanwhile, issues ranging from the fees that businesses pay for accepting digital payments to grievance redressal for failed transactions and even distinction of the types of payment gateway entities have emerged as major points of contention among the payment firms, banks and their customers. The payments industry expects the RBI to address these issues in the consultation paper. The digital payments space has attracted a large number of players over the last few years, hence it is necessary to evolve some sort of a regulatory mechanism to ensure serious players with sound finances remain, said Anand Ramachandran. The space has evolved so much that it needs regulatory attention urgently, said Harshil Mathur. There is only self-regulation of sorts in our industry since we mostly have to abide by rules set by our partner banks which also differ widely. Common RBI guidelines will help bring standardisation to the space. Industry sources pointed out that since the RBI encouraged the companies to bring in innovations in the retail payments space, multiple players have emerged. While this has helped connect a large number of small merchants who would otherwise not be serviced by big players, it has also caused a threat to the ecosystem. Many so-called payment companies are just bringing in a technology layer over the gateway entity and not making settlements directly through a nodal bank account. In case of a failure in transaction, the merchant could be at risk of losing money, said industry executives. Grievance redressal mechanism is of paramount importance in the payment gateway space, said a top executive at one of the largest payment gateway entities in India. The security aspect around digital payments is also something that needs to be addressed, said Suresh Rajagopalan, which provides payment solutions to banks and others.
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RBI FINES ALLAHABAD BANK RS 1.5 CR FOR NOT MONITORING FUND USE, FRAUD REPORTING DELAY

State-owned Allahabad Bank on Friday said the RBI has imposed a penalty of Rs 1.5 crore on the lender for not monitoring end use of funds among other violations. We have to inform you that the Reserve Bank of India has imposed a penalty of Rs 1.5 crore on the bank for not monitoring the end use of funds, delay in classification and reporting of fraud and non-adherence with RBI guidelines during restructuring of accounts in respect of one of its borrowers, the bank said in a regulatory filing. The amount of penalty is not material considering the size of the bank it added.
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UCO BANK Q3 NET LOSS AT 998 CRORE AS BAD LOANS BALLOON

State-owned UCO Bank reported a marginal drop in its net loss at 998.74 crore for third quarter ended December 31, 2018, as bad loans and provisions ballooned. The bank had posted a net loss of 1,016.43 crore in the same quarter of the previous fiscal. Total income of the bank also came down to 3,585.56 crore during October-December period of 2018-19, as against 3,721.93 crore in same quarter of 2017-18, the bank said in a regulatory filing. The Kolkata-headquartered lender, witnessed worsening asset quality as the gross non-performing assets (NPAs) ballooned to 27.39% of gross loans at end of December 31, 2018, from 20.64% in December 2017. Sequentially also, NPAs were higher from 25.37% by end of second quarter ended September of this fiscal. In value terms, the gross NPAs or bad loans stood at 31,121.79 crore as on December 31, 2018 as against 25,382.40 crore a year-ago. Net NPAs were 12.48% by end of third quarter as against 10.90%. Value-wise, the net NPAs were 11,755.61 crore, lower than 11,923.45 crore last year. Thus, provisioning for bad loans during quarter ended December 2018 were hiked to 2,243.85 crore as against 1,682.40 crore a year earlier. The non-performing loan provisioning coverage ratio is 69.49 per cent as on December 31, 2018, UCO Bank said.
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GOVERNMENT AND RBI SHOULD ADDRESS DIFFERENCES BETWEEN THEM: Y V REDDY

The government pushed regulatory forebearance post the global financial crisis of 2008 may be the root cause of the NPA mess. The RBI sop was abused by banks and industry giving rise to NPAs, according to former RBI governor Y V Reddy. But as India is going to be an important player in the global economy, he called for the need for the government and RBI to address the root causes of the recent standoff between them. It appears that the fiscal stimulus was, in fact, fiscal deterioration (since the increase was in recurring revenue expenditures); the monetary stimulus lasted longer than needed said Reddy. The regulatory forbearance was taken undue advantage of by the banks and industry resulting in restructured loans and large NPAs. The spur in lending to infrastructure at this time also led to large NPAs. All indications are that RBI was constrained by Government in timely withdrawal of stimulus The issue is significant in the context of tensions between the government and the Reserve Bank, essentially on the issue of transfer of RBI’s surplus income, that have been aired in public culminating in the resignation of governor Urjit Patel. Reddy highlighted that the spirit of limit on ways and means arrangement under fiscal management legislation has been compromised. The immediate fiscal needs seem to take precedence over a renewed assessment of the capital needs of RBI he said. Coordination between government and central banks to manage the crisis was global and India was no exception then. But now the issue of governance in central banking is being widely debated globally. U.S. President Donald Trump has criticised the Federal Reserve for raising interest rates. European Central Bank president Mario Draghi recently raised the issue of the threat to central banks’ independence from governments stating that the ECB mandate does not involve financing government’s deficit. President Erdogan accused the Central Bank of a traitorous reluctance to lower interest rates. Reddy suggested that in a globally integrated world India will be increasingly important to the world. It also has more opportunities than ever before in the area of financial sector for our dominance with India’s strengths in technology and skilled manpower. To take advantage of it, Government of India in partnership with Reserve Bank of India should address the root causes of the recent standoff between them Reddy said.
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RBI GOVERNOR TO MEET BANK CEOS TO DISCUSS RATE CUT TRANSMISSION

The Reserve Bank of India (RBI) Governor will soon meet chief executives of public sector banks to discuss, among other things, the issue of monetary policy transmission. This follows the central bank lowering the interest rates for the first time in one-and-a-half years. Banks have always been reluctant to reduce interest rates whenever there is a rate cut by the RBI. Whenever there is policy rate reduction, it would be RBI’s expectation that monetary transmission does takes place, RBI Governor Shaktikanta Das said. But we have to keep in mind that fixing the rate of the interest is a function of the bank. We will be having an interaction in the next fortnight or so with the CEO and MDs of all banks where we will discuss these issues, he added. Banks have been increasing lending rates since March 2018. While the RBI has proposed that banks should move to an external benchmark for loan pricing from April 1, lenders have been opposing the move saying their funding costs were not linked to the external benchmarks proposed by the regulator. We hope that the rate cut will be transmitted by the financial sector to the real economy, so that economic activity could [take advantage of] the benefits and private consumption/investments may also grow faster, said Motilal Oswal. Non-banking finance companies, which are predominantly dependent on bank funding and have seen their borrowing costs climb ever since the IL&FS crisis broke out in August, also expect the cost of funds to come down.
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BANKS SEEN UNLIKELY TO MATCH RBI'S RATE CUT ANY TIME SOON

Bankers say piles of bad debt and the high cost of deposits mean they are unlikely to reduce interest rates on loans by as much as the central bank cut its key lending rate in a bid to spur growth. Making more credit available more cheaply is vital for Modi, who wants to please businesses, farmers and individual borrowers. Four senior public and private sector bankers told Reuters on Friday that they might only cut lending rates by 5-10 basis points. A move of that size would have a negligible impact in boosting credit, or in reducing refinancing costs. If there is a lot of (government) pressure, then I may cut by a notional 5-10 basis points said the head of a big state-run bank who asked for anonymity due to sensitivity of the subject. That may have a psychological impact on corporates but will not really help in boosting credit growth or lowering borrowing costs. Economic growth has slowed, with private investments slumping and consumption gains muted. Annual industrial output growth in November rose 4.1 per cent, down from October's 8.4 per cent. For the banks - often stuck with bad loans and heavy provisioning - any cut in loan rates is unlikely without a corresponding fall in deposit rates, which will require cash conditions to improve significantly, say bankers. And banks are reluctant to cut deposit rates in the fiscal year's last quarter, as they are keen to shore up their books while not losing hefty deposits. Banks price their benchmark loan rates, known as the marginal cost of funds based lending rate (MCLR), mainly based on the cost of deposits. MCLR might not come down significantly very soon as any meaningful change will depend on cost of funds, said Parthasarathi Mukherjee. Unless banking system liquidity rises, he said, we are not seeing any substantial fall in lending rates across the board any time soon.
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SEBI ISSUES ELIGIBILITY CRITERIA FOR PHYSICAL SETTLEMENT OF STOCK DERIVATIVES

Markets watchdog Sebi Friday came out with new conditions with respect to physical settlement of stock derivatives According to a circular, in addition to the existing schedule of stock derivatives, the derivatives on stock meeting the eligibility criteria specified by the regulator will also be physically settled from the new expiry cycle. The stocks that qualify for physical settlement are the ones that witness an intra-day movement of 10 per cent or above on ten or more occasions in the last six months or three or more occasions in the last one month. Other eligibility criteria for the stock includes an intra-day movement of 25 per cent or above on one or more occasions in the past one month. Further, if the maximum daily volatility of the stock exceeds 10 per cent either in equity or equity derivatives segment in the last one month, the stocks shall be physically settled, Sebi added. The maximum daily volatility of the stock will be as estimated for margining purpose. The Securities and Exchange Board of India (Sebi) said the exchanges shall review the above conditions on a monthly basis Existing contracts on the stock, however, shall continue to follow the settlement mode as applicable at the time of contract introduction.
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SEBI INITIATES ACTION AGAINST BROKER IN NSE MATTER: P RADHAKRISHNAN

The Securities and Exchange Board of India (Sebi) has taken action against one broking firm in a case relating to the alleged unfair access to National Stock Exchange (NSE) servers Parliament was informed Friday. Enforcement actions have been initiated by SEBI against one broking firm, inter alia, for consistently logging in first to the servers disseminating tick by tick (TBT) data feed of NSE and consistently logging on to the secondary server and 2 broking firms, inter alia, for consistently logging on to the secondary server, Minister of State for Finance Pon Radhakrishnan said. He also said that administrative warnings have been issued to another six broking firms in this regard. Further, the NSE has been advised to carry out detailed scrutiny of all such broking firms which had connected to the secondary servers apart from the broking firms already covered by the capital market regulator, he said. The Sebi had appointed two audit firms -- Deloitte Touche India LLP and Ernst and Young LLP (EY) for carrying out forensic audit of the broking firms which had alleged to have gained preferential access to servers disseminating TBT data feed at the NSE, Radhakrishnan said. The two audit firms have submitted their reports to the Sebi, he said, adding that the reports have brought out that one of the broking firms was consistently logging in first to the servers disseminating TBT data feed of the NSE, thereby gaining advantage in terms of receipt of TBT data deed.
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PE, VC INVESTMENTS FALL 49% IN JAN, SAYS REPORT

This year began on a slow pace for private equity (PE) and venture capital (VC) investments with deals in January falling 49% from the year earlier to $1.8 billion, said EY. Deal volume however, climbed 65% on a year-on-year basis, the consulting and auditing firm said in a report. The drop in deal value is mainly due to the lack of large, $1-billion-plus deals last month. After a strong performance in 2018, headline numbers on PE/VC investment activity in January 2019 appear to indicate a comparatively subdued start. However, we believe this data is skewed on account of the absence of large deals in January 2019. Underlying data indicates a robust start to PE/VC investment activity in January 2019 with significant increase in growth, buyout and startup investments on a y-o-y basis, said Vivek Soni. The month saw four large deals ($100-million-plus deals) totalling $1.1 billion, compared to five large deals worth $2.8 billion in January 2018, and six large deals worth $2.3 billion in December 2018. The largest deal this January was SoftBank’s $397 million investment in FirstCry, an e-commerce platform for child and baby products. The other big deals during the month included Apax’s $230 million investment in Fractal Analytics, and AION’s buyout of InterGlobe Technologies for $230 million. The strong trend of buyouts continued this year with four deals worth $504 million, rising 20% from January 2018. A sector-wise break up shows e-commerce leading the pack with 11 deals worth $607 million, followed by technology with $438 million across nine deals. Exit deals dropped significantly with January recording transactions worth $360 million against $969 million in the previous year, largely due to fewer large exits. The largest exit in January 2019 saw TA Associates and Khazanah selling their entire stakes in Fractal Analytics to Apax for $200 million. In terms of number of exits, January 2019 recorded just 13 exits, compared to 29 last year. The lower exit deal activity was primarily on account of fewer open market exits. Besides, there were no PE-backed initial public offerings in January.
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POWER PRODUCERS IN A FIX AS PILING DUES FROM DISCOMS CHOKE THEIR CASH FLOWS

Power producers are in a bind over swelling dues owed by the electricity distribution companies (discoms). By the end of October 2018, the accumulated dues had climbed to Rs 38,904.47 crore, leaving the power generators in distress. Irked over the delay by the unresponsive discoms, NTPC recently sent notices to discoms in Telangana, Andhra Pradesh and Karnataka over pending dues after the discoms failed to honour their assurances to clear the backlog soon The pendency in the three states is in upwards of Rs 4,000 crore with the delay running into over 60 days. However, NTPC has decided against regulating power supply after the discoms gave fresh assurances on payments. NTPC had slapped notices by invoking provisions contained in the Central Electricity Regulatory Commission (CERC), the central power regulator. But NTPC's counterparts in the private sector are constrained to act tough with discoms in most states owned by the state governments. We have built our case with the Union power ministry. But to this day, we have only been getting assurances. Mounting dues is hurting the cash flow of the private power generators. The companies need a healthy cash balance for operational expenses and buying critical inputs like coal. If you ask me, most of the independent power producers (IPPs) today are in distress largely because of the accumulated dues owed to them by discoms, said a senior executive with a private power producer. Of the piled up Rs 38,904.47 crore in dues, NTPC tops the list with a share of around 40 per cent. Data sourced from the Union power ministry shows the maharatna power producer has to recover Rs 15,623.64 crore from the erring discoms. Others that trail NTPC are Adani Power (Rs 6,957.33 crore), National Hydroelectric Power Corporation- NHPC (Rs 25,72.71 crore), Damodar Valley Corporation- DVC (Rs 1,990.59 crore), GMR Energy (Rs 1,630.40 crore) and Tata Power (Rs 1,139.93 crore). We have flagged this issue in meetings with the Union power ministry and Central Electricity Authority (CEA), an industry source said. At a recent presentation by IPPs to the Union power ministry, the power companies have asked for strict enforcement of PPA (power purchase agreements) clauses on escrow or payment security mechanisms for discoms with regular performance review. IPPs have demanded rationalized supply of coal and opposed exemption of late payment surcharges on discoms.
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INVESTORS' WEALTH PLUNGES RS 1.67 TRILLION AS STOCKS TUMBLE

Investors' wealth on Friday eroded by Rs 1.67 trillion following a sharp sell-off in the broader market where the BSE index plummeted nearly 425 points. The 30-share Sensex cracked 424.61 points, or 1.15 per cent, to close at 36,546.48. Following the weak sentiment, the market capitalisation of BSE- listed companies dropped Rs 1,67,594.92 crore to Rs 1,41,07,190.48 crore. From the 30-share pack, 25 stocks ended with losses where Tata Motors took the steepest hit of 17.28 per cent. Sectorally, the BSE metal index plunged 3.42 per cent, while the auto gauge shed 3.37 per cent. On the BSE, 1,616 stocks declined and 923 advanced, while 111 remained unchanged. Also, 321 stocks hit their 52-week low.
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FOREX RESERVES UP BY $2.06 BN DUE TO RISE IN FOREIGN CURRENCY ASSETS: RBI

The country's foreign exchange reserves increased by $2.063 billion to $400.24 billion in the week to February 1, on account of rise in foreign currency assets, according to RBI data. In the reporting week, foreign currency assets, a major component of the overall reserves, rose by $ 1.280 billion to $ 373.430 billion. Gold reserves increased by $ 764.9 million to $ 22.686 billion in the reporting week, the data showed. The special drawing rights with the International Monetary Fund (IMF) rose by $ 6.2 million to $ 1.470 billion. The country's reserve position with the IMF also increased by $ 11.2 million to $ 2.654 billion, the apex bank said.
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RUPEE RISES FOR 4TH DAY; UP 14 PAISE AT 71.31/USD

The rupee appreciated by 14 paise Friday to close at 71.31 against the US dollar on persistent foreign fund inflows even as the greenback strengthened overseas amid fresh concerns over global growth. This is the fourth successive session of gain for the domestic currency, during which it has climbed 49 paise. At the Interbank Foreign Exchange, the rupee opened stronger at 71.37 a dollar. The local unit moved in a range of 71.44 to 71.03, before finally ending at 71.31, showing a gain of 14 paise. The rupee Thursday appreciated by 11 paise to close at 71.45 against the US dollar. On a weekly-basis, however, the domestic currency registered a loss of 6 paise. Reduction in interest rates and relaxation of foreign investment limits bodes well for the rupee in expectation of overseas inflows. So far this month, overseas investors bought USD 297.10 million in equity while they sold worth USD 304.70 million in debt market, said V K Sharma. Meanwhile, the dollar index, which gauges the greenback's strength against a basket of six currencies, rose 0.7 per cent to 95.57.
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RS 400 CRORE SHARE INVOCATION ILLEGAL, 72 LAKH SHAREHOLDERS HURT: RELIANCE CAPITAL

Reliance Capital on Friday alleged that the invocation of Rs 400 crore worth of NBFC's pledged shares by Edelweiss and L&T Finance was illegal, motivated and wholly unjustified The manner of conduct of the above open market sales, without any attempts whatsoever at orderly market disposal through a bid or structured process for shares comprising the holding of the promoter group, is illegal on several counts, it claimed. The NBFC said the purported exercise of rights to enforce the security was illegal and excessive, and against the process and requirements of the respective borrowings' documentation. The selling, it said, precipitated a fall of Rs 13,000 crore or 55 per cent in the market capitalisation of Reliance group in four days, the company said in a press release. It caused 75 lakh institutional and retail shareholders the company claimed, harmining the interest of all stakeholders The company said the group companies Reliance Capital, Reliance Infrastructure and Reliance Power are performing satisfactorily on all operating parameters. There is no change whatsoever on any aspect as compared to the position prevailing prior to these sales, the company said in a filing to BSE.
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RELIANCE GROUP ACCUSES L&T FINANCE, EDELWEISS OF 'ILLEGAL' ACTIONS

Anil Ambani-led Reliance Group Friday accused L&T Finance and Edelweiss entities of illegal and motivated actions in invoking the pledged shares and selling them in open market causing a steep fall in its share value A few NBFCs, substantially L&T Finance and certain entities of Edelweiss Group, have invoked pledge of listed shares of Reliance Group and made open market sales of the value of approximately Rs 400 crore from February 4 to 7, the group said in a statement. The illegal, motivated and wholly unjustified action by the above two groups has precipitated a fall of Rs 13,000 crore, an unprecedented nearly 55 per cent, in market capitalisation of Reliance Group over just these four short days, it noted. The group said the actions have caused substantial losses to 72 lakh institutional and retail shareholders, and harming the interests of all stakeholders. Citing legal advice, the group also said the purported exercise of rights to enforce the security is illegal and excessive, and against the process and requirements of the respective borrowings' documentation.
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RAYMOND REBOUNDS 7% AFTER CLARIFICATION ON RELATED PARTY TRANSACTION REPORT

After six days of successive fall, Raymond shares surged 7 per cent on BSE in morning trade on Friday after the company gave clarification in a BSE filing about related party transactions. The company said all of its related party transactions are undertaken in compliance with laws and that the media report relating to related party transactions is misleading and misconstrued. We have taken appropriate approvals, made relevant disclosures and undertaken all related party transactions on an arm's length basis, which has been certified by independent reputed accounting firms, the company said.
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PATANJALI BACKS GOVERNMENT’S REVISED E-COMMERCE POLICY

Baba Ramdev-promoted Patanjali Ayurved has said the government’s revised ecommerce policy on foreign direct investment (FDI) which was rolled out on February 1 this year will help to create a level-playing field for all retail platforms, and encourage fair and healthy competition among them, one year after it inked extensive partnerships with leading e-retailers including Amazon, Flipkart and Paytm Mall to push its products online. In our view, an environment of equal opportunity is needed for all trade and retail platforms as organised trade and retail is at their early stages in India, SK Tijarawala said. At the time of collaborating with ecommerce companies, Baba Ramdev had said the company will reach out to more people including the youth who prefer and use online platforms for shopping more these days. Patanjali, seen as the biggest disruptor in recent times in the fast-moving consumer goods (FMCG) space, which forced established companies such as HUL and Colgate-Palmolive to launch herbal-ayurvedic products, reported standalone consumer goods revenues of Rs 8,148 crore in the year ended March 2018, according to a report by Care Ratings.
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AMAZON PAVES WAY FOR THOUSANDS OF ITEMS TO RETURN TO INDIA SITE

Amazon has struck a deal that will allow hundreds of thousands of products forced offline because of new e-commerce rules to return to its Indian site, a source said Friday. Some 400,000 items disappeared from Amazon.in after stringent regulations banning online marketplaces from selling products from firms in which they have a stake came into force last week. Amazon and US rival Walmart -- which bought a 77-percent share in Indian e-commerce behemoth Flipkart last year -- are investing billions of dollars in India's rapidly growing online consumer market. Two of Amazon's local venture partners, including a firm called Cloudtail, were forced to remove thousands of items from the US company's website after the regulations kicked in on February 1. Hundreds of thousands of products will be back, they added. Indian law already prevents foreign-owned companies from selling directly on their internet sites so the e-commerce companies had been buying in bulk and then selling the products to favoured vendors. These then resell the products at discount on the e-commerce sites who legally remain intermediaries.
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‘ECOMMERCE RULES WON’T HIT CLOUDTAIL VOLUMES ON AMAZON’

The recent change in ecommerce regulations will in no way impact the transaction volumes of Cloudtail India on the Amazon portal, as those had always been below a quarter of the online retailer’s annual sales transactions, people familiar with the matter said. Cloudtail, in fact, will derive growth from the expansion of India’s retail market and pick-up in volumes on portals such as Amazon India, they said. According to statistics, online transactions were 0.8% of India’s total retail market in 2014, and are expected to touch 4.4% this year and expand quickly in the coming years. Ecommerce revenue in India is projected to grow to $150 billion in 2022, a report by Nasscom and PwC had said in August last year. The new regulations bar any single seller from contributing to more than a quarter of an ecommerce platform’s sales. The updated rules, which came into effect from February 1, also say inventory of a vendor will be deemed to be controlled by a marketplace entity if more than 25% of purchases of such vendors are from the marketplace entity or its group companies. Cloudtail India is 100% owned by Prione, a provider of services to small and medium sellers across India. Murthy’s company has increased its stake in Prione to 76% from 51% after the new regulations came into effect.
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BHARTI AIRTEL UNIT TO MERGE WITH TELKOM KENYA

India's Bharti Airtel on Friday said its unit, Airtel Networks Kenya Ltd, has agreed to merge with Telkom Kenya Ltd, the East African nation's smallest telecom operator. Last month, three industry sources had told that Bharti Airtel was in talks to buy Telkom Kenya, to create a stronger challenger to market leader Safaricom. The companies will combine their respective mobile, enterprise and carrier services businesses in Kenya to operate as Airtel-Telkom, Airtel said, without revealing further details.
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FACEBOOK SCRAPS LOL MEME PLATFORM, ANNOUNCES REJIG IN ‘YOUTH’ TEAM

Facebook on Thursday announced it had restructured its team devoted to products or features designed to increase the social network’s appeal to younger generations Nascent projects such as a LOL platform for funny memes were taken off the board at the youth team, which shifted focus to more promising products such as a Messenger Kids app launched more than a year ago, according to the leading social network. The Youth team has restructured in order to match top business priorities, including increasing our investment in Messenger Kids, Facebook said in response to an AFP inquiry. The social media giant said at the time that it created the app, available in the United States, Canada, Mexico, Peru and Thailand, because many children were going online without safeguards. We found that there was a need for a video chat and messaging app that lets kids connect with the people they love while putting parents in complete control, product management lead Jennifer Billock said in a blog post marking the app’s one year anniversary. We conducted parent roundtables in each country and have continued gathering feedback from parents and outside experts. Facebook’s rules require that children be at least 13 to create an account, but many are believed to get around the restrictions.
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WE DON'T REVIEW, PRIORITISE POLICIES BASED ON POLITICAL IDEOLOGY: TWITTER

Facing heat over allegations of political bias in the country, Twitter Friday said the microblogging platform is committed to remain unbiased and that its product, as well as policies, are never based on political ideology. Twitter, which counts India among its biggest markets, asserted that the company does not take any actions based upon political views or viewpoints, neither does it use political ideology to rank content on its service. The statement comes against the backdrop of the Parliamentary panel on information technology asking Twitter officials to appear before it on February 11 over the issue of safeguarding citizens' rights on social media platforms. There has been a lot of discussion about Twitter and political bias in India in recent weeks and the global real-time communication platform today set the record straight. Twitter is a platform where voices from across the spectrum can be seen and heard. It is committed to the principles of openness, transparency, and impartiality, Twitter said in a statement. The social media giant has been summoned days after the members of Youth for Social Media Democracy, a right-wing group, protested outside its office alleging that Twitter has acquired an anti-right-wing attitude and has been blocking their accounts In its statement Friday, Twitter argued that the content that appears in users' timelines, or the manner in which the company enforces its policies are impartial and said that it is committed to remain unbiased with public interest in mind. Twitter's product and policies are never developed nor evolved on the basis of political ideology Abuse and hateful conduct comes from accounts across the ideological spectrum and Twitter will continue to take action when its rules are broken, it added. Twitter does not review, prioritise, or enforce its policies on the basis of political ideology. Every Tweet and every account is treated impartially. We apply our policies fairly and judiciously for all. If there are 'false positive' decisions, these are not political statements of intent; they are the basic human error rate of running the fastest, most open conversational tool in history, Twitter Global VP (Public Policy) Colin Crowell said. The company stated that the public verification process on its platform is currently closed. India is the world's largest democracy, and one of our fastest-growing audience markets globally. Twitter's real-time and open nature facilitates robust civic engagement on topics of national and local interest during elections. We are committed to surfacing all sides of the conversation as we enter the election season in this extraordinarily diverse cultural, political and social climate, Crowell said.




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