GUIDANCE NOTE ON RELATED PARTY TRANSACTIONS
As you are aware that the Institute
of Company Secretaries of India (ICSI) has been the frontrunner to promote good
Corporate Governance which is reflected in varied initiative taken by the ICSI.
One of the initiative is issuing of the Secretarial Standards and Guidance
Notes on the topics of professional and corporate interest. To understand and
appreciate the nuances of Related Party Transactions (RPTs), it is necessary to
understand the various provisions of law and the related aspects which need
explanation. Hence, the Guidance Note on RPTs is formulated by the Secretarial
Standards Board of ICSI, which aims to explain the procedures, practices and compliances
associated with RPTs. For the benefit of all stakeholders, the Guidance Note on
RPTs is available on ICSI website at the link www.icsi.edu/whats-new/.
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ADVISORY FOR COMPANY SECRETARIES IN PRACTICE COMMUNICATION TO
PREVIOUS INCUMBENT MANDATORY BEFORE ACCEPTING ASSIGNMENT
Clause (8) of Part I of
the FIRST SCHEDULE to the Company Secretaries Act, 1980 provides that a Company
Secretary in Practice shall be deemed to be guilty of professional misconduct
if he
·
accepts the position of a
Company Secretary in Practice previously held by another Company Secretary in
Practice without first communicating with him in writing.
The primary requirement
under this clause is of prior communication with the previous incumbent This is
intended for reasons of professional courtesy.
In accordance with the
above, the Council of the Institute has resolved that it shall be
·
mandatory for every Company
Secretary in Practice, before accepting any of the following assignments to communicate
to the previous incumbent, in terms of Clause (8) of Part I of the First
Schedule to the Company Secretaries Act, 1980,
(i)
Signing of Annual Return
in Form MGT-7 under Section 92(1) of the Companies Act, 2013 and Rule 11(1) of
the Companies (Management and Administration) Rules, 2014.
(ii) Certification of Annual Return in Form MGT-8 under
Section 92(2) of the Companies Act, 2013 and Rule 11(2) of the Companies (Management
and Administration) Rules, 2014.
(iii) Issuance of
Secretarial Audit Report in terms of Section 204 of the Companies Act, 2013.
(iv) Issuance of
Secretarial Audit Report to material unlisted subsidiaries of listed entities
(whose equity shares are listed) under Regulation 24A of SEBI (LODR)
Regulations, 2015.
(v) Issuance of Annual
Secretarial Compliance Report to Listed entities (whose equity shares are
listed) under Regulations 24A of SEBI (LODR) Regulations, 2015.
(vi) Certification under
SEBI (Listing Obligations & Disclosure Requirements) Regulations, 2015 that
none of the directors on the board of the company have been debarred or
disqualified from being appointed or continuing as directors of Companies by
the Board/Ministry of Corporate Affairs or any such statutory authority under
Schedule V, Part C, Clause(10) (i).
(vii) Certification under
Regulation 40(9) of SEBI (LODR) Regulations, 2015 certifying that all
certificates have been issued Within thirty days of the date of lodgement for
transfer, sub-division, consolidation, renewal, exchange or endorsement of
calls/allotment monies.
(viii) Conduct of Internal
Audit of Operations of the Depository Participants registered with NSDL and CDSL
under the Bye Laws issued by NSDL and CDSL.
(ix) Certification under
Regulation 76 of SEBI (Depositories and Participants) Regulations, 2018 for
Reconciliation of Share Capital Audit.
(x) Acting as Compliance
Auditor under third party certification/ Audit Scheme (Amendment), 2018 in the
State of Haryana.
(xi) Issuance of Audit
Report by the unlisted public Companies to be submitted on a half -yearly basis
to the ROC, under whose jurisdiction the registered office of the company is
situated, under the provisions of the Rule 9A(8) of the Companies (Prospectus
& Allotment of Securities) Rules, 2014.
(xii) Diligence reporting
for Banks in case of multiple banking/consortium lending arrangements in terms
of the circular issued by RBI.
(xiii) Conduct of Internal
Audit of the stock brokers/sub brokers under SEBI Circular no. MIRSD/ DPSllI/
Cir-26/ 08 dated 22nd August 2008 and MRD/DMS/Cir-29/2008 dated 21st October
2008.
Accordingly, practicing Company
Secretaries are advised that they shall communicate with the previous Company
Secretary in practice before accepting any of the services as mentioned in
Clauses (i) to (xiii) above, in such a manner that he/she should have in
his/her hands the evidence of the delivery of the comunication to the addressee
(the previous incumbent).
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MCA
Form CRA-2 is likely to be
revised on MCA21 Company Forms Download page w.e.f 24th March, 2019
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ICSI ATTENTION MEMBERS
The submission of Hard
copy of Form-D for Issue/Renewal/Restoration of COP through post/in person
(hard copy) has been discontinued w.e.f. 01.04.2019 . The members are requested
to submit Form D only through online mode through ICSI online services.
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NCLT SLAPS FINE ON CARATLANE FOR COMPANIES ACT VIOLATION
The Chennai Bench of the
National Company Law Tribunal (NCLT) has imposed a fine on CaratLane Trading
Pvt Ltd, a Tata Group company and subsidiary of Titan, its Managing Director
and Company Secretary, for not constituting a nomination and remuneration
committee in 2016 — as mandated under Section 178 of the Companies Act, 2013 —
when the company’s turnover had crossed ₹100 crore. The order,
issued by a Single Bench consisting of Mohd Shariff Tariq, Member (Judicial),
said the Assistant Registrar of Companies, in a report, had noted that
CaratLane became Titan’s subsidiary on August 4, 2016, when its turnover had
crossed ₹131 crore. The company should have constituted a nomination
and remuneration committee by September 4, 2016, in compliance with the
Companies Act. However, it constituted such a committee, and appointed an
independent director, only on March 20, 2018. CaratLane had constituted the
committee on January 19, 2017, with non-executive directors. However, it did
not fulfil the requirement of Section 178(1) of Companies Act, which stipulates
the presence of independent directors in the committee. It was only on March
20, 2018, that the company appointed Neelam Chhiber and Mathrubootham
Rathnagirish as independent directors, and the committee was reconstituted
immediately. The period of violation was from September 4, 2016, to March 19,
2018, the report by the Assistant Registrar said. CaratLane pleaded for a
lenient view on the grounds that it was a first offence, and this was confirmed
by the concerned Registrar of Companies. The NCLT imposed a fine of ₹3
lakh on the company and ₹50,000 each on Mithun Padamchand Sacheti, Managing Director,
and Bharatraj Panchal, Company Secretary. The company was directed to pay the
penalty from its accounts but the two officers shall pay from their own
resources, the order said.
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COMMUNITY PLATFORM LOCALCIRCLES SEEK EXTENSION OF ACTIVE
VERIFICATION FILING FOR STARTUPS BY JUNE 1
LocalCircles, which hosts
a community of over 30,000 startups on its platform, in a letter to the
Minister of Finance and Corporate Affairs Arun Jaitley sought an extension of
April 25 deadline for companies (incorporated on or before December 31) to file
e-form INC-22A — ACTIVE to June 1, 2019. The filing is allegedly another
regulatory challenge following the controversial Angel Tax issue for startups.
The request for extension is triggered by requirements from the government that
are seen as challenges for startups to fulfil including Photograph of the
registered office showing external building and inside office also showing
therein at least one director/KMP who has affixed his/her digital signature to
this form, the document said. This is because many startups operate out of
shared office spaces such as co-working spaces or occupy a small area in a
large commercial building and also often the director, in case of a growing
startup with multiple offices, is not based out of the one mentioned in the
filing. Most government-recognised startups operate out of shared spaces or
have a small office in a large corporate building and its almost impossible for
them to get a board put on the external building and take a geotagged picture,
Founder and Chairman at LocalCircles Sachin Taparia told. Since Ministry of
Corporate Affairs already has their details like financial returns, annual
filings, they should be exempted from filing form INC-22 ACTIVE or at least
given an extension till June 1, 2019, added Taparia.
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IBC IMPLEMENTATION TO GET MORE SEAMLESS IN ONE YEAR: SAHOO
Implementation of the
Insolvency and Bankruptcy Code (IBC) is likely to become more seamless in the
next one year, a top official said on Monday. Issues like efficiency of
insolvency resolution and the liquidation framework for corporates, individual
and partnership firms are likely to a go through a relook Insolvency and
Bankruptcy Board of India (IBBI) Chairperson M S Sahoo said. Sahoo said some of
the changes in the code can be expected by April next year. The regulations are
expected by March end, so that the people know that a new law is coming by
April, Sahoo said. Some of the main topics that will come up for discussion in
the next one-two years are those relating to personal and corporate insolvency,
group insolvency and cross-border insolvency. Sahoo added that like any new
law, the IBC, too, has challenges to overcome.
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APPEAL PROCEEDINGS CAN CONTINUE AGAINST CO. WHOSE NAME HAS
BEEN STRUCK OFF FROM REGISTER OF ROC
High Court by impugned
order dismissed appeal filed by the Income-tax Department on ground that it was
rendered infructuous as name of respondent-company had been struck off from the
register and the said company was dissolved and appeal filed against such
Company which stood dissolved would not survive for its consideration on merits
Dept. filed special leave before the Supreme Court. The Supreme Court held that
the High Court failed to notice proviso (a) to section 560(5) of the Companies
Act and further failed to notice Chapter XV of the Income-tax Act which dealt
with 'liability in special cases' and its clause (L) which dealt with 'discontinuance
of business or dissolution'. These provisions provide as to how and in what
manner the liability against such Company arising under the Companies Act and
under the Income-tax Act is required to be dealt with. Since the High Court did
not decide the appeal keeping in view the aforementioned two relevant
provisions, the impugned order who not legally sustainable and had to be set
aside. Therefore, impugned order was set aside and case was remanded to the
High Court for deciding the appeal afresh on merits in accordance with law
keeping in view the relevant provisions of the Companies Act and the Income-tax
Act uninfluenced by any observations made by instant Court on merits. CIT v.
Gopal Shri Scrips (P.) Ltd.
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CHANGED INSOLVENCY NORMS BY APRIL NEXT TO SPEED UP PROCESS
The Insolvency and
Bankruptcy Code (IBC) is in the process of being changed to be effective from
the next fiscal to accomodate the fast changing creditor-debtor scenario,
according to the Insolvency and Bankruptcy Board of India (IBBI). The IBBI on
Saturday invited comments from stakeholders and the public on making changes to
the current regulations notified under the IBC, 2016. The changes the IBBI is
looking are in the regulations under Voluntary Liquidation Process, 2017, Fast
Track Corporate Insolvency Resolution Process regulations, 2017, Liquidation
Process, 2016, and the Insolvency Resolution Process for Corporate Persons,
2016, among others. Recent developments like the Supreme Court striking down
the Reserve Bank of India's (RBI) circular last year on banks resolving their
massive non-performing assets (NPAs or bad loans) has also made a case for
review of certain criteria in the overarching laws of IBC, the IBBI said in
notice. In a dynamic environment the stakeholders could play a more active role
in making regulations. They may contemplate, at leisure, the important issues
in the extant regulatory framework that hinder transactions and offer alternate
solutions to address them, in addition to responding urgently to draft
regulations proposed by the regulator. This is akin to crowdsourcing of ideas,
it said. The comments received between April 20, 2019, - December 31, 2019,
shall be processed together and following the due process, regulations will be
modified to the extent considered necessary. It will be the endeavour of the
IBBI to notify modified regulations by March 31, 2020, and bring them into
force on April, 1, 2020. Public consultation enable every idea to reach the
regulator. Consequently, the universe of ideas available with the regulator
would be much larger and the possibility of a more conducive regulatory
framework much higher, it added.
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BANKS APPROVE RS 2,400-CRORE RESOLUTION PLAN FOR STEEL ASSETS
OF UTTAM GALVA
Lenders to the distressed
steel assets of Uttam Value Steels and Uttam Galva Metallics on Sunday approved
a Rs 2,400-crore resolution package in a staggered payment plan that requires
banks to take haircuts of more than 60% on the loans. Two people aware of the
resolution plan said the offer includes equity commitment of Rs 100 crore. Of
the total amount, about Rs 650 crore will be paid immediately, with the
remaining spread over the next five-six years, said one of the executives aware
of the payment plans. A consortium of lenders, led by State Bank of India
(SBI), has Rs 6,113 crore of loans outstanding in these two accounts. Other
banks with significant exposure to the assets include Punjab National Bank,
Canara Bank and Andhra Bank. The resolution professional, Rajiv Chakraborty of
PwC, now has until May 7 to get the plan of CarVal Investors and Asset
Reconstruction Company of India (Arcil) approved by the dedicated bankruptcy
court.
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NCLT CONSULTS CENTRE, IBBI ON JAYPEE INFRA DEADLOCK
This refers to NCLT
consults Centre, IBBI on Jaypee Infra deadlock. In response to the severe
hardships faced by homebuyers due to incomplete real estate projects the
government amended the Insolvency and Bankruptcy Code (IBC) to recognise
homebuyers as financial creditors and thereby provided them representation in
the Committee of Creditors. Hence, it is disappointing to see the Jaypee
Infratech resolution process at a virtual standstill due to the
non-participation of home buyers. One solution would be to amend Section 30(4)
of the aforesaid Code so as to stipulate that a resolution plan shall be
approved by a vote of not less than 66 per cent of voting share of financial
creditors actually present in the meeting. Another suggestion is to revisit
this threshold of 66 per cent itself. This may be seen in the context of the
recent recommendation of Indian Banks Association to the Reserve Bank of India
(RBI) on a 90 per cent threshold. The Jaypee Infratech case best illustrates
why this recommendation should never be accepted. Earlier this month, the
Shipyards Association of India had requested the RBI that the threshold be reduced
to 50.1 per cent. This is a valid suggestion which will go a long way in
speeding up the resolution process, the prime objective of the IBC.
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FOR NOW, JAYPEE LENDERS UNLIKELY TO ENTERTAIN POSSIBLE ADANI
BID: REPORT
Lenders of debt-ridden
Jaypee Infratech are unlikely to seek any fresh offers including from Adani
Group, till current round of bidding process is complete under the insolvency
law, sources said. Last week, Adani Group threw its hat in the ring by expressing
interest in submitting bid to acquire Jaypee Infratech and deliver over 20,000
housing units to aggrieved homebuyers. Jaypee Infratech's Interim Resolution
Professional (IRP) Anuj Jain informed last week that a meeting of the committee
of creditors (CoC) would be held on April 26. The CoC would discuss the revised
bids of NBCC and Suraksha, which have been asked to sweeten their offers. Sources
said that under the insolvency law, lenders are barred from entertaining fresh
bids for any company till the existing bidding process is complete. The second
round of Corporate Insolvency Resolution Process (CIRP) under the Insolvency
and Bankruptcy Code is underway. Adani Group had submitted its resolution plan
in the first round of CIRP, which was not successful.
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INSOLVENCY & DEBT RECOVERY: ROAD TO RESOLUTION
As india votes in the
general elections, the government continues to list its achievements. Among the
most discussed moves of late has been the performance of the National Company
Law Tribunal (NCLT) and the utility of the Insolvency and Bankruptcy Code
(IBC), set up on October 1, 2016. The NCLT received a major jolt in April when
the Supreme Court scrapped a February 12, 2018 Reserve Bank of India (RBI)
circular that, through an overarching new framework, directed banks to resolve
debts over ₹2,000 crore in 180 days, failing which the debtor would be
pushed to NCLT for insolvency. Experts have criticised the circular, saying it
did not consider sectoral challenges of companies. It was ‘regulatory
overreach’ The regulator was exercising the commercial judgement that the banks
should exercise, says Nishant Parikh. Along with revising the structure for
stressed asset restructuring, the RBI also ended all pre-IBC restructuring
schemes such as strategic debt restructuring, corporate debt restructuring and
sustainable structuring of stressed assets. The Joint Lenders’ Forum has also
been done away with. According to World Bank estimate in its ‘Ease of Doing
Business’ parameters, prior to the introduction of the IBC, India took 4.3
years to resolve a case and the recovery rate for creditors was 26.5 percent;
the RBI recovery rate was 13 percent through DRT/SARFAESI. With the IBC, 1,484
cases have been admitted by the NCLT of which 79 have been resolved, with a 48
percent recovery rate. Also, 302 cases have been admitted for liquidation,
shows December 2018 data from the Insolvency and Bankruptcy Board of India.
Because the recovery rate has increased, significantly less capital has to be
invested by the government in public sector banks, says Nikhil Shah. The
government had budgeted a figure of ₹65,000 crore as
recapitalisation of state-owned banks, to meet regulatory capital norms and
capital for growth. Data shows that in several high profile cases, including
Essar Steel—where over 600 days have passed since it was admitted to the
NCLT—decisions towards resolutions have been punctured by legal challenges
(even after the plan was approved by the committee of creditors). The IBC has
had limited success considering the delays towards final resolution, says
Sandeep Upadhyay. The Bankruptcy Code mandates a 270-day deadline to resolve
each case, but in several cases the NCLT extended the deadline. Of the first 12
cases referred to the NCLT in May 2017, it approved the resolution plan of only
four—Bhushan Steel, Electrosteel Steel, Alok Industries and Monnet Ispat &
Energy. Another 26 firms saw mixed progress, with some cases being resolved and
others such as the Videocon Group still pending. The RBI circular took
decision-making on stressed assets off the leadership of goverment banks, says
Upadhyay. The State Bank of India is an exception: It has seen a 67 percent
recovery with resolution of four cases through the NCLT till December 2018. The
RBI will consider all alternatives before coming out with a fresh circular It
is expected to consult lenders, bidders, legal experts and government officials
before coming out with a revised framework. The window of 180 days before moving
a case to the NCLT might be widened. Shah says there could be financial
incentives to drive banks to push the companies towards insolvency. He feels
the regulator is unlikely to reinvent the wheel. The RBI is unlikely to go back
to the alternative restructuring options, but is likely to offer resolution
options outside the NCLT process. In order to avoid delays in resolution, the
NCLT may need to curb admitting and hearing applications and challenges at
every stage, which have led to appeals and counter appeals. The onus now is on
banks to decide on the best route to recover and restructure debt.
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GAIL HIGHEST BIDDER FOR IL&FS WIND ASSETS WITH $689
MILLION OFFER
GAIL (India) Ltd is set to
complete the purchase seven wind power plants from India's debt-ridden
Infrastructure Leasing and Financial Services (IL&FS), after offering 48
billion rupees ($689.3 million), IL&FS said on Monday. The deal is expected
to close within three weeks. GAIL's offer contemplates no hair-cut to the debt
of the plants, which is around 37 billion rupees, IL&FS said.
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ADHUNIK CASE: LENDERS TO MOVE NCLT TO DEBAR LIBERTY HOUSE
Lenders to the bankrupt
Adhunik Metaliks (AML) are planning to appeal before the National Company Law
Tribunal (NCLT) to debar UK-based Liberty House Group (LHG) from the corporate
insolvency resolution process (CIRP) and restart the process by inviting fresh
bids banking sources close to the matter said. The move comes after Liberty
House failed to make the upfront cash payment of Rs 410 crore even within the
extended timeline. The lenders are issuing a notice to Sanjeev Gupta-led
Liberty House saying that they are rejecting the latter’s proposal to move a
joint application before the NCLT’s Cuttack bench, seeking further extension of
time for the upfront payment. Liberty had sent some communications to the
lenders to move an application jointly before the tribunal for further
extension of the timeframe for upfront payment. But we are telling them that a
lot of time has already been taken. So, we are not considering any of its
appeals as they are not valid, a source at State Bank of India (SBI) told. The
matter is listed before the Cuttack bench of the NCLT on April 30.
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NEED IS TO EMPOWER BANKING REGULATOR, NOT CURB RBI’S POWERS
Mounting Non-Performing
Assets (NPAs) in the banking system due to corporate defaults is an issue of
concern for many stakeholders. It has important consequences for the national
economy. When such an issue of public interest is legalistically dealt with in
the court as counter-claims between debtor and creditor, the interest of other
stakeholders, especially of depositors, receives the least attention. This is
the general feeling the common public is left with after the recent judgment of
the Supreme Court (SC). It is the money of the depositors that creditors lend
in their fiduciary capacity to debtors and hence, the expectation that the
government, regulator and the adjudicating authorities will keep depositors’
interests supreme. The pace at which the long-accumulated corporate defaults
were getting resolved through the mechanism established under the Insolvency
and Bankruptcy Code (IBC) 2016 was too good to believe. We appeared to have
found a magic wand to enforce the contractual obligation of debtors and
sufficiently empower the creditors. Overall, the IBC has been able to resolve
cases involving debt of Rs 3 lakh crore in the last two years. As per the
Ministry of Corporate Affairs, the mere threat of promoters losing control of
their company or a legal proceeding under the IBC was sufficient to resolve
debts worth Rs 1.2 lakh crore without even the need for the Code to kick in. In
the prevailing pessimistic perception of crony capitalism, the faith was
restored that we are capable of administering a legal system in which corporate
defaulters face the consequences. It was the absence of such an effective legal
system that forced creditors to find solutions through criminal proceeding,
which was not only time consuming but also took many genuine business failures
along the criminal proceedings’ path. All this positivity has come to sudden
halt with the SC striking down the circular issued by the RBI in February 2018
as ultra vires of the RBI Act. It appears that the manner in which the
authority was sought to be exercised by the RBI — rather than the authority
itself — was the reason for the order. The Court has taken a view that the
regulatory authority exceeded the statutory authority. Did the 2017 amendment
that introduced 35AA and 35 AB to the BR Act expand the RBI’s powers or
restrict them? In the words of the SC, the RBI could have issued such
directions (contained in the impugned circular) under 21 and 35A before the
introduction of 35AA and 35AB, but not after. It is an admission that 35AA
severely restricted the regulatory authority of the RBI. One wonders, whether
that was the intention behind the IBC and NCLT. Now, how easy, time-bound and
practicable is it to follow 35AA in letter and spirit? The law as exists says,
the Central Government may, by order, authorise the Reserve Bank to issue
directions to any banking company or banking companies to initiate insolvency
resolution process in respect of a default, under the provisions of the
Insolvency and Bankruptcy Code, 2016. How did the central government authorise
the RBI? The finance ministry when it issued the notification dated May 5,
2017, authorised the RBI to issue such directions only in respect of a default
under the Code. What is the interpretation of a default? Is it a category of
default or specific default by specific debtor? The SC order makes it clear
that the RBI can direct banking institutions to move under the IBC only (a) if
there is a central government authorisation to do so; and (b) that it should be
in respect of specific default of specific debtor. The statement of intent when
enacting the BR Act in 1949 says it was meant for the protection of depositors’
interests. Hence, the expansive and generic powers granted to the RBI under 21
and 35A. Alas, when the need of the hour is to affirm the authority of the
regulator, the subsequent amendments, notifications issued and their legalistic
interpretation have circumscribed the regulator. One can imagine the complexity
of getting the authorisation of the Ministry of Finance specific to defaults
and specific to defaulters. Does it not give undue discretion to the ministry
to interpret defaults and defaulters? Will that eliminate or encourage crony
capitalism? We have miles to go before we resolve the thousands of NPAs running
to more than Rs 12 lakh crore. It is hoped that the authorities concerned will
restore public confidence by assigning supremacy to public interest when it
comes to regulating banking companies.
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BIMAL JALAN PANEL MAY PEG RBI'S EXCESS CAPITAL AT RS 1-3 LAKH
CRORE
Bimal Jalan committee on
Reserve Bank of India's capital framework is expected to peg the central bank's
excess capital at Rs 1-3 lakh crore which would be 0.5-1.5% of GDP, according
to BofA Merrill Lynch Global Research. Transfer of excess RBI capital to the
government will not impact liquidity if it is used for bank recapitalisatiin,
the firm said in a report. It observed that about Rs 1,00,000 crore from
contingency reserves and another Rs 2,00,000 crore from revaluation reserves.
The RBI Act does not bar the RBI from transferring excess capital if any, to
the fisc, beyond the RBI's annual surplus, economist Indranil Sen Gupta said.
The Jalan panel is likely to submit it's report soon.
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RBI MAY CONSIDER 25 BPS CUT AGAIN IN H1: REPORT
The Reserve Bank of India
could consider another 25 bps cut in 1HFY20 to address the domestic growth
concerns said a report from Kotak Economic Research. Monetary Policy Committee
(MPC) would meet six times during 2019-20 and the first meeting was held on
April 2. MPC is likely to cut rate by 25 bps in 1HFY20. In sync with the policy
statement, the minutes of the MPC also reaffirm our belief that the MPC might
consider another 25 bps cut in 1HFY20 to address the domestic growth concerns,
the report said. Even though food prices have started firming up, the headline
CPI inflation remains well within the RBI's target of 4 per cent. Our
trajectory for inflation, however, is slightly higher than that of MPC's as we
expect inflation to an inch above 4 per cent from November as against MPC's
projection of 3.5-3.8 per cent for 2HFY20. We assign a higher probability of a
rate cut in August as uncertainties surrounding the outcome of the election,
monsoon and budget would have partly abated by then. On the 25 bps rate cut in
April, the report said the MPC minutes have restated caution on growth and
reiterated the need to address growth after the objective of low and durable
inflation has been achieved. There were, however, some concerns about fiscal
slippages and a sharp reversal in inflation due to a weak monsoon. We continue
to see room for another 25 bps of a rate cut in 1HFY20 on the back of a benign
growth-inflation mix. However, uncertainties surrounding the outcomes of
election, monsoons and budget should restrain the MPC from cutting the repo
rate in June, the report added. The report further drew the conclusion that
benign inflation and weakening growth led the MPC to cut rates. Fading growth
momentum and sharp downward surprises to inflation readings prompted the MPC to
deliver the second consecutive rate cut in April. While all except Dr Ghate and
Dr Acharya had voted for a rate cut, the decision to keep policy stance at
'neutral' was more unanimous with only Dr Dholakia voting for an
'accommodative' stance.
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INDIAN JUNK BOND ISSUANCES SOAR TO 5-YEAR HIGH
Sales of Indian junk bonds
have made a big comeback in 2019, almost tripling to hit a five-year high, boosted
by a risk-on rally prompted by a dovish U.S. Federal Reserve that has given the
Asia market a record start to the year. Indian companies have sold $3.7 billion
in high-yield, or junk-rated, bonds so far this year, an increase of 187
percent from 2018, Refinitiv data show. On the basis of benchmark 10-year U.S.
Treasuries, interest rates have fallen almost 70 basis points from their peak
in 2018. Sales of junk bonds in Asia reached a record $27.5 billion in the
first quarter, Refinitiv data shows, much of it driven by Chinese property
developers. Indian issuers have also jumped into the market. Steel company JSW
Steel Ltd raised $500 million in five-year bonds, while Shriram Transport
Finance Company Ltd sold $900 million in three- and three and a half-year
bonds. Borrowers can now raise an unlimited amount of funds from offshore
markets for at least three years. Previously, the Reserve Bank of India (RBI)
had imposed a $50 million ceiling.
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DIRECT GOVT AND DGCA TO PROVIDE REFUND TO JET PASSENGERS: PLEA
IN DELHI HC
Following the grounding of
Jet Airways, a petition has been moved in the Delhi High Court, which seeks the
court’s orders directing the Centre and the Directorate General of Civil
Aviation (DGCA) to adopt a prompt redressal mechanism for full refund, reasonable
compensation or alternative mode of travel for passengers with valid tickets of
the airline. The petitioner contends that all other airlines have exorbitantly
increased their fares and the toothless and vulnerable consumers are
constrained to suffer. The court will hear the petition on April 24.
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NARESH GOYAL'S FIRM HAD RS 260 CRORE CASH WHEN FINANCIAL
CRUNCH HIT JET AIRWAYS
Naresh Goyal-owned company
Jetair Pvt Ltd (JPL) did not employ any of its credit facilities from banks to
stay debt-free at a time when Jet Airways was manifesting signs of financial
distress. The credit facilities with JPL which is a general sales agent (GSA)
to Jet were to the tune of Rs 28 crore. JPL had a cash reserve of Rs 260 crore
as on December 2018. Jetair's stake was divested in UPS Jetair Express in
October 2018 and around Rs 232 crore in cash was raised. The company submitted
an Expression of Interest (EOI) to acquire Jet Airways on April 12, after the
deadline to submit the bids ended. The EOI was not accepted as other bidder
objected to it, the Business Standard reported. Listed entity Jet was Jetair's
main source of revenue. The private company was getting around Rs 4 crore per
month from Jet for offline bookings as a GSA. As the airline has shut
operations (temporarily) now, it has also left JPL in the lurch. The company
was getting a commission of up to 1% from the BSE-listed Jet India and up to 3%
from other airlines. JPL also got a commission of 2.5% on the cargo bookings
from all airlines, the report said. Some bankers are of the view that JPL's
offer to acquire Jet was far-fetched because Jet's cash flow hinged on the
financial profile of the airline as it contributed almost 78% to JPL's total
income. Jetair was forced to extend the collection period from Jet Airways from
190 days (as of March 31, 2016), to 271 days (as of March 31, 2018). The
extension was made on account of dwindling liquidity of the airline over the
past few years. The report further said that as Jet Airways was showing signs
of the financial crisis, JPL began de-risking its revenue model and expanded
operations in the call centre business. The company as a result of this
diversification decreased its share of commission income it earned from Jet Airways
to 78% in FY 18 from 84% in FY16. JPL posted revenue of Rs 86.4 crore for the
Financial Year ending March 2018 as compared to Rs 75.5 crore for FY17. The
company also reported a net profit of Rs 22.4 crore in the same period for FY18
as against Rs 21.4 crore in FY17. While Jet Airways defaulted on its debt
payments from December 2018, JPL did not take any long-term secured loan. It
had Rs 2.19 crore worth of outstanding working capital borrowings.
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JET AIRWAYS WAITS FOR THE NEW OWNER AS RIVALS MUSCLE IN ON
TERRITORY
A revival of Jet Airways
India Ltd., once the nation’s biggest carrier by market value, is at risk as
days roll by since its operations were completely halted. While the
cash-strapped carrier awaits potential investors to pump in money, rivals are
aggressively going after its most prized assets. A government desperate to
limit public backlash after flight ticket prices escalated is parceling off
landing and parking slots at congested airports. Lessors are also adding to the
woes by allocating grounded aircraft to competitors. It appears to me that lenders
are not very confident of getting any serious bid, said Harsh Vardhan. You can
not hold on to slots, and planes are not Jet Airways’ property. They have to
find a buyer as soon as possible. Jet Airways, the oldest surviving private
airline which broke into a monopoly of Air India Ltd., had a fleet of 124 and
flew profitable routes like connecting India, the fastest growing aviation
market in the world, with London and Toronto. With nearly 23,000 jobs at stake,
its collapse last week couldn’t have at worse time for Prime Minister Narendra
Modi who’s seeking a second term based on his business-friendly image. While
the arrangement to give Jet’s landing slots and aircraft to rivals is
temporary, the process to swap them again is complicated and is the domain of
airports. It may get more difficult once rivals start new flights and sell
tickets in advance, and that could potentially leave close to nothing for a
potential new owner. The airline, which controlled 13.6 percent of the local
market as recently as January, needs 85 billion rupees ($1.2 billion) to
restart operations. So far, it isn’t clear whether Jet Airways will find a
buyer to fly again, or if lenders will take it to a bankruptcy court. Over the
weekend, local media reported Mukesh Ambani, Asia’s richest man, and
salt-to-software conglomerate Tata Group are keen to pick up a stake or
purchase Jet’s assets. Ambani, who controls Reliance Industries Ltd., may
partner Abu Dhabi’s Etihad Airways PJSC to pick up a stake in Jet Airways,
while also exploring a possible bailout of state-run Air India Ltd, the Indian
Express newspaper reported over the weekend. Etihad, which already owns 24
percent of the Jet Airways, has put in an initial bid showing interest in
purchasing a stake in the carrier, the newspaper said. The Tata Group may jump
into the fray if the sale process fails, and bankruptcy proceedings kick in,
the Mint newspaper reported separately, citing two unidentified people. The
government reached out to the group, which has a majority stake in two local
airlines, last year to potentially bail out the airline but it did not
materialize into a deal.
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JET AIRWAYS: THE PERILS OF DEBOARDING WITHOUT THE IBC
PARACHUTE
While Jet’s troubles began
surfacing in as early as June last year when the company postponed its
quarterly results announcement, bankers acknowledged the decay only after the
airline defaulted on its loans for the first time in January. This is despite
Reserve Bank of India (RBI) asking banks to red flag potential stress on their
loans Jet’s nosedive took bankers by surprise somewhat and the scramble for a
resolution plan began. But bankers dragged their feet on this and refused
emergency funding on fears that they will come under the glare of investigative
agencies later on. It has taken four months for bankers to begin the bidding
process, too long for Jet Airways to stay afloat. In the meantime, the banking
regulator’s circular that mandated bankers to put in place a resolution plan
was squashed by the Supreme Court. That just made it easy for bankers to extend
and pretend. It is no wonder that the parachute of escape that bankers used was
faulty. All they had to do was refer Jet Airways to insolvency courts in the
first instance. The real benefit of the IBC process is that it would have put a
timeline on every step, from the appointment of a resolution professional to
the framing a resolution plan. Besides, lenders’ hopes of finding a bidder for
Jet is also something that can happen under the IBC framework. It’s incorrect
to state that the process of finding bidders is best done outside of IBC.
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JAITLEY PROMISED TO LOOK INTO JET AIRWAYS' ISSUES: CEO
Dube, along with
Maharashtra Finance Minister Sudhir Mungantiwar, civil aviation secretary
Pradeep Singh Kharola, the airline's chief financial officer Amit Agarwal,
representatives of pilots, engineers, cabin crew and ground staff unions met
Jaitley at his residence in Delhi. At least one month's salary was needed to be
paid to the employees for retaining them, Dube said. To keep them where they
are and to give them hope we need to pay them at least a month's salary or
more. The finance minister has assured us to look into that, Dube said after
the meeting. Jet Airways, has not paid to its entire staff for March. Jet would
require around Rs 170 crore to clear at least one month's salary of its
employees, Dube stated. During the meeting which lasted for more than an hour,
the Jet CEO also said that competition in the aviation sector is important and
requested the Union Finance Minister to ensure an open, transparent and
efficient bidding process. The Jet Aircraft Maintenance Engineers Welfare
Association (JAMEWA) also submitted a representation to Jaitley, saying the
airline is sinking for want of funds and taking away the livelihood of 23,000
people.
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NASIM ZAIDI QUITS JET AIRWAYS BOARD
Grounded carrier Jet
Airways on Monday said its non-executive and non-independent director Nasim
Zaidi has quit the board, citing personal reasons and time constraints Zaidi,
the former Chief Election Commissioner and ex- civil aviation secretary, joined
the Jet Airways board in August last year. This is to inform you that Nasim
Zaidi has submitted his resignation as a non-executive, non-independent
director of the company with effect from April 21 due to personal reasons and
constraints of time, Jet Airways said in an exchange filing.
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JET EMPLOYEES' UNION ASKS REGULATOR TO NOT ALLOCATE SLOTS TILL
BIDDING ENDS
A Jet Airways employees'
union has asked aviation regulator DGCA to stop allocation of the airline's
slots to other carriers till the bidding process for stake sale is complete. The
All India Jet Airways Technicians Association (AIJATA) also cautioned that in
case the allocation is not stopped, it would be forced to resort to legal means
for a resolution. Cash-starved Jet Airways suspended operations last week and
the authorities are in the process of allocating the airport slots vacated by
the carrier to other airlines, amid efforts to increase capacity to meet peak
season traffic. Jet Airways' lenders have invited bids for selling stake in the
ailing airline and the final bidders are likely to known by second week of May.
SBI is the lead lender. In a communication to the Directorate General of Civil
Aviation (DGCA), the grouping has requested the regulator to immediately pause
the slot allocation process till the bidding process is complete and to protect
the value of the company. Otherwise we will be forced to knock the legal doors
for a resolution, it said.
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TATAS MAY BE WAITING IN THE WINGS TO BUY JET AIRWAYS
The Tata group may revive
an attempt to buy Jet Airways (India) Ltd if lenders to the grounded airline
fail to find a buyer and are forced to drag the carrier to a bankruptcy court,
said two people familiar with the discussions at India’s largest conglomerate. Despite
its early interest in Jet Airways, the Tata group chose to skip an ongoing sale
process to find a buyer for the airline, which has received interest from four
potential bidders. If the ongoing sale process does not succeed, then there is
a high possibility that the lenders will take the airline to bankruptcy, the
first person cited earlier said on condition of anonymity. The Tatas have
explicitly told Jet’s lenders that they will explore a deal once again only if
it is available via the bankruptcy courts. The Tata group feels that there is
need for a complete overhaul of Jet’s contracts with all third parties, which
the group feels could significantly improve the airline’s bottom line and
financial performance, said the second person cited earlier. This, apart from
Goyal’s continuity in Jet Airways, were the two key contentious issues then. At
the time the Tata group pulled back from talks with Jet Airways, Gthe group
feels could significantly improve the airline’s bottom line and financial
performance, said the second person cited earlier. This, apart from Goyal’s
continuity in Jet Airways, were the two key contentious issues then. Acquiring
Jet Airways through the bankruptcy process would insulate the acquirer from all
of the above risk factors and this is the primary reason why there was no bid
from the Tatas, said the first person.
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SUBHASH CHANDRA SELLS ESSEL GROUP CO; BLACKSTONE COMES TO ZEE
GROUP FOUNDER’S RESCUE
US-based private equity
giant Blackstone has agreed to acquire a majority stake from promoters in
Subhash Chandra-led Essel Propack for about Rs 2,157-3,211 crore giving
much-needed cash to the billionaire founder of Zee group to repay lenders.
Blackstone has agreed to pay Rs 134 per share to the promoters to buy a 51%
stake in Essel Propack. The promoter and promoter group holds 57.03% as on
March 31st 2019. Subhash Chandra, has recently found himself in some trouble
over being unable to pay back loans to creditors. Meanwhile, two major mutual
fund houses in the country — Kotak MF and HDFC MF — had their fixed maturity
plans come to an end, with exposure to debt securities in Subhash Chandra’s
companies. Kotak MF offered part repayment to its investors, holding back the
amount invested in Subhash Chandra companies, while HDFC MF offered to roll
over the plan on maturity. Subhash Chandra had promised to arrange money by the
end of September moratorium by selling group assets and pay the lenders their
dues. Essel Propack is one of the early ventures of Subhash Chandra, and is the
Essel group’s cash cow. It is involved in the business of manufacturing
laminated plastic tubes, extruded laminated plastic tubes, caps & closures
and flexible laminates used in packaging of oral care products, cosmetics, food
and pharmaceuticals. The major customers in India include Dabur, Baba
Ramdev-led Patanjali (oral care); Godrej, Emami, Vicco, Marico (skincare), Sun
Pharma, Dr Reddy’s and Piramal. Blackstone will also make an open offer for 26%
additional stake in Essel Propack for Rs 139.19 per share. The open offer price
has been fixed at Rs 139.19 per share. Therefore, based on the open offer
subscription, the purchase price consideration will vary between Rs 2,157 crore
and Rs 3,211 crore (or, approximately $310 million – $462 million). The sale is
expected to complete in the coming months, subject to customary closing
conditions and approvals, Essel Propack said in a media release.
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RPOWER, JET AIRWAYS AMONG 34 STOCKS EXPELLED FROM NSE'S
DERIVATIVE SEGMENT
The National Stock
Exchange (NSE) on Monday announced expulsion of 34 securities from the
derivatives, also known as futures and options (F&O), segment. The move
follows tightening of section criteria for stocks in the derivatives segment by
market regulator Securities and Exchange Board of India (Sebi) last year. NSE
has said the existing unexpired contracts for the securities for the month of
April, May and June will be available for trading. However, no contracts will
be available for trading in these 34 securities from June 28.
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FOREIGNERS TURN TAIL ON INDIAN BONDS, CONTINUE TO BUY STOCKS
Global funds pulled a
combined 89.5 billion rupees ($1.3 billion) from local sovereign and corporate
bonds so far this month, according to data from the National Securities
Depository Ltd. That’s a reversal from 166.4 billion rupees of purchases in
March. Elevated oil prices, a rise in U.S. Treasury yields and India’s central
bank taking a less dovish path than many had expected are among the key reasons
for the outflows, according to Nagaraj Kulkarni. The withdrawals have been
highest in corporate debt totaling almost 74 billion rupees. That compares with
inflows of 147.7 billion rupees last month after the Reserve Bank of India
eased rules on foreign investment into company bonds. Global funds have bought
shares worth $684 million so far this month, taking the year-to-date purchases
to more than $7.5 billion, the highest among major Asia markets tracked by
Bloomberg.
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NANDAN NILEKANI LAYS OUT DIGITISATION, AADHAAR, GST BENEFITS;
SAYS, DIRECT BENEFIT CAN REVIVE POWER SECTOR
India’s direct benefit
transfer scheme, the largest such programme in the world, can help revive the
stressed power sector said Nandan Nilekani. This, and others, are among the
numerous benefits to the Indian economy being brought about by increasing
digitisation and use of Aadhaar — the country’s unique ID programme, he said.
Nandan Nilekani was also the first chairperson of the Unique Identification
Authority of India, the parent organisation of Aadhaar. Nandan Nilekani
applauded these programmes and stressed on the need for digital infrastructure
to revive the economy Aadhaar e-KYC has been revolutionary in making life
simpler for people, Nandan Nilekani said. India now has the infrastructure to
deal with direct benefits transfer (DBT) in any segment, he said, adding that
DBT has the potential to revive the power sector. Nandan Nilekani sought to
allay the concerns over data privacy, linked to Aadhaar. The activists have
mixed the issue of commercialisation of data and surveillance using data, he
said. In fact, the act has strengthened the data privacy law and the privacy
argument is broader than just being limited to Aadhaar data, he said. The
Aadhaar implementation agency has not been collecting data on anyone and has
taken several measures to prevent commercialisation of Aadhaar data, he added.
Nandan Nilekani also lauded the success of the Goods and Services Tax Network
(GSTN), pointing out towards the increase in number of taxpayers. GSTN is a
great example of technology-led cooperative federalism, he said. Infosys was
the nodal agency responsible for development and maintenance of GSTN.
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NEW GOVERNMENT SHOULD FOCUS ON CAPITAL SPENDING WITHOUT
SACRIFICING FISCAL PRUDENCE
Driven by structural reforms
and macroeconomic stability India has been able to maintain growth in the face
of a global slowdown and uncertainties. The country stands as a strong
contender to lead global economic growth But, this warrants sustained
macroeconomic stability, which can be attained by maintaining fiscal and
monetary discipline. The new government should aim for fiscal prudence by
containing excessive tilt towards socialist spending. A focus on capital
spending for meaningful growth in infrastructure capabilities is vital. While
it is essential to strike an optimal balance between social spending and
infrastructure expenditure, the new government will have to be mindful of the
fact that indirect tax collection is yet to reach the expected level.
Therefore, it must prioritize fiscal prudence. Also, efforts should be made to
keep inflation in check. So far, the consumption has been a key growth driver
for India, and investment has lagged. At present, multiple moving parts are at
work, contributing to the moderation in consumption growth. This calls for a
shift in focus to other growth drivers, including exports and investments. Data
shows that private sector capex, which rose to Rs 3.7 trillion in 2010-11, has
witnessed a declining trend over the past seven years, led by weak demand, high
leverage, delays in land acquisition/clearances and a decline in project
sanctions by banks. New investment proposals in 2018-19 stood at a 14-year low
primarily attributable to a dip in the share of private sector investments.
This calls for continued public sector contribution to create and enhance
infrastructure which holds the potential to resurrect the slack in private
sector capex. Also, reforms will be needed to speed up new project sanctions
and better credit flow to the private sector form important pillars for
supporting the private sector capex growth. Major global central banks are now
reverting to an easy monetary stance. This development along with data-driven
approach by the RBI to determine interest rate creates room for the Indian
central bank to reduce and maintain the interest rate at reasonable levels over
the medium term—a credit-positive for the private sector. These factors should,
in turn, prepare a conducive backdrop for a sustainable recovery in private capex
over the medium term. In order to revive the housing construction sector,
necessary steps to implement real estate regulations and tax incentives are
warranted so as to bring back the buyer interest in the sector. Enhancing
productivity through reforms in the areas of Ease of Doing business (EODB),
labour laws, land acquisition, simplification of FDI norms and strengthening of
legislation to safeguard foreign investor interest are critical. Building on
existing reforms to make them robust and effective is also as important as
introducing additional reforms. The need to bring economic growth back on track
and sustain a reasonable growth over the long term while addressing
productivity issues and job creation necessitates the effective implementation
of existing reforms. It also addresses bottlenecks by introducing policies that
are well-thought through and judiciously implemented.
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GOOD NEWS FOR STARTUPS IN TIER LL, LLL CITIES AS ANGEL
INVESTORS RISE BEYOND METROS, SAYS INDIAN ANGEL NETWORK
Prominent network of angel
investors Indian Angel Network (IAN) has said that 12-15 per cent (60-75) of
its near 500 member base now comes from tier-II and tier-III cities even as the
number is growing steadily year-on-year. The next wave of angel investments in
startups would be coming from angel investors based in these cities that have registered
robust growth over the past couple of years and one of the key reasons behind
this shift being growing digital connectivity, Padmaja Ruparel told. India’s
first angel network IAN, which claimed to be the world’s largest network of
angels, has invested over Rs 40 crore in 10 startups (Rank Junction, Druva
Software, Bizcrum, Clootrack etc) from cities including Nagpur, Pune, Belgaum,
Ahmedabad, Kochi and Madurai. Importantly, the reason for India to have more
start-ups emerging from such cities regions is socioeconomic. If start-ups are
concentrated in metropolitan cities, the wealth, business, and value they
create will also remain largely restricted to these regions. This, from the
country’s larger socioeconomic standpoint, is not a preferable outcome. Value
creation accelerates when there is a free exchange of talent, ideas, business,
and capital between several interconnected markets. By promoting more promising
start-ups in tier-2 and tier-3 markets, angel investors can help in nurturing a
conducive environment, said Ruparel.
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UP RERA REJECTS APPLICATIONS OF 36 REAL ESTATE PROJECTS
Uttar Pradesh Real Estate
Regulatory Authority (UP RERA) has rejected applications of nearly three dozen
commercial and residential real estate projects located in Lucknow, Gautam
Buddha Nagar, Ghaziabad, Varanasi, Agra, Bareilly and Meerut as the concerned
developers had not completed the formalities or the requisite documentation
required for registration, top UP RERA officials said. The developers are now
required to reapply for RERA registration. As many as 36 commercial and
residential projects have not been registered as they had failed to meet the
standards. They had applied for registration but after scrutiny it was found
that at this stage they are not fit to be registered since they had failed to
fulfill formalities. In some cases the maps had not been passed and in others
the land title was not in place. Once the developers complete all these
formalities, they can reapply for a registration number, Rajive Kumar, told. Applications
of at least four commercial and 32 residential projects have been rejected. All
ongoing projects have to be registered. To register a project developers have
to adhere to a host of formalities. When a developer applies for registration
with RERA we ask for a report from the concerned development authority and only
when the authority affirms that all plans are in place and all formalities have
been completed, do we register the project, Balwinder Kumar, UP Rera member,
told. Most of these developers were sent showcause notices to explain and
complete the formalities or documentation but they failed to respond or turn
up. We, therefore, decided to cancel their applications. Only after they have
completed all the formalities can we reconsider their application, he adds. It
is mandatory under RERA for all projects above 500 sq m or those having over
eight kitchens to register under RERA.
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WORK-FROM-HOME JOBS TO BE INCENTIVISED UNDER NEW BPO POLICY
Ministry of IT and
Electronics plans to expand its BPO promotion scheme, under Digital India
programme, to include work-from-home options for incentivising firms to set up
new units Besides, there is already a proposal to double the number of seats to
be set up under the scheme from earlier 48,300. The total seat allocation in
nine rounds of bidding has already crossed the earlier targeted number and
reached 51,297. The ministry has given in-principle approval to around 20
companies for setting up new BPO/ITeS units in Tier II and III cities for 4,034
seats. Around 24 new units will be set up after the ninth round of bidding, a
senior ministry official told. The BPO promotion scheme was launched in 2016
with an outlay of Rs 493 crore for three years, where financial support up to
Rs 1 lakh/seat in the form of viability gap funding (VGF) was given to the
firms. The aim was to generate employment for around 1.5 lakh people. The plan
is to expand the scheme to another three years with an outlay of around Rs 300
crore. Work from home jobs need to be incentivised as well, especially for
women, who are not able to work full time due to family responsibilities. This
has potential of creating another 50,000-1,00,000 new jobs, the official from
the ministry said.
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DEMAND SURGES FOR HYDERABAD'S LEASED OFFICE SPACE DESPITE
CRAMPED SUPPLY
A spurt in office space
absorption in Hyderabad during the January-March period this year indicates not
just an increased demand for grade-A office space in the city, but also the
lack of adequate supply according to real estate experts. For the first time,
the city of Nizams surpassed India's silicon valley, Bengaluru, in office space
absorption in this three-month period, though it hasn't been able to match the
latter in terms of volume or sustained supply of office space over a longer
period in the past. According to property consultant CBRE's recent report,
Hyderabad has seen office space deals totalling 3.2 million square feet in
January-March compared with 2.5 million square feet offtake in Bengaluru.
Together, the two southern cities have accounted for over 47 per cent of the
total volume of office space absorption across nine cities, including NCR and
Mumbai, in the three-month period. This has happened at a time when the overall
office space offtake remained flat at 12.8 million square feet. Same time last
year the office space absorption numbers for Hyderabad and Bengaluru stood at
5.5 million sq ft and 1.1 million sq ft respectively and even on a sequential
basis, the offtake was 1.6 million sq ft and 3.2 million sq ft for the two
cities respectively in October-December 2018, as per to CBRE's data. The sudden
jump seen in office space absorption in Hyderabad was largely due to the fact
that in the first quarter, the city saw new Grade-A supply hit the market,
which has been relatively low over the last few years. For instance, the
overall new office space supply in 2018 in Hyderabad was limited to 1.7 million
sq ft, which in Bengaluru was nearly 9.6 million sq ft during the same period.
Clearly, even while demand is very high in Hyderabad, the city lacks new
supply. Hence, as soon as new supply hit the market, occupiers came forward to
lease space, Anuj Puri, said. To assume that Hyderabad will henceforth steal
the show from Bengaluru in office leasing activity in 2019 may not be entirely
accurate, according to Puri. The CBRE data for the three month period show that
the city of Hyderabad witnessed a supply addition in the form of one large-sized
SEZ and two IT developments in Raidurg and Kondapur in IT Corridor II, one
medium-sized SEZ in Kokapet in Extended IT Corridor and one medium-sized SEZ in
peripheral business district (PBD). Part of the reason why there was a renewed
influx of office space in Hyderabad was explained by CBRE senior director Romil
Dubey, as he sought to predict the trend in coming quarters based on the
current data: Hyderabad witnessed increase in rental values by about 2-5 per
cent and 3-6 per cent quarter on quarter, owing to increased occupier interest
towards recently completed developments. Going forward we expect Hyderabad,
among others, to account for a substantial share of SEZ pipeline in the
upcoming quarters. Given the approaching sunset data, we foresee an increase in
demand for SEZ space, he said in the recent report. At the peak of sanctions by
the Board of Approvals (BoA) the developers in Hyderabad received approval for
more than 30 IT SEZs in and around Hyderabad prior to the state bifurcation. As
per the sunset clause, only those SEZs and the SEZ units that become
operational before March 31, 2020 are eligible to claim incentives offered
under the SEZ Act, there has been a clear rush as far as SEZ projects in
Hyderabad was concerned. According to a report released by CBRE last year,
almost 90 percent of the SEZ stock was located in Hyderabad.
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GOLDMAN SACHS REPORT SAYS JAPAN IS STILL HOLDING BACK TALENTED
WOMEN
Working women are playing
a bigger role in Japan than Goldman Sachs’ Kathy Matsui thought possible when
she penned her first report on Womenomics in 1999. Yet the country needs to
pick up the pace of change or risk being overtaken by a demographic crisis. Two
decades ago, Matsui struck an optimistic note amid general gloom over Japan in
her first analysis of women in the economy, setting out how empowered women
could bolster flagging growth as the population aged. In a new version out this
week, Matsui, now chief Japan strategist, explains how Japanese women continue
to trail their peers in other developed countries in many respects, even as
they pour into the labor force in ever-increasing numbers. There are now 3
million more women working outside the home than in 2012, yet they earn on
average only three quarters as much as men, partly because so many are in
part-time roles. This country is already on the brink of a demographic crisis,
Matsui said. If your sole key resource as a nation is your human capital, you
don’t have a lot of options but to leverage every single human being. Matsui
gives Prime Minister Shinzo Abe a patchy score card in her report —
highlighting the slow progress on his pledge to increase women’s representation
in leadership, and shortfalls on Abe’s targets for men taking paternity leave
and mothers staying in work. Untapped Potential Japan, which is set to lose 40
percent of its working-age population by 2055, is already missing out on what
could be a 15 percent boost to the economy if women worked to their full
potential, according to Matsui. That would entail not only raising the
proportion of women in work to match that of men, but having each of them work
longer hours. Matsui notes that Japan’s labor participation rate for women has
soared to 71 percent — higher than in the U.S. and Europe, even amid blatant
gender discrimination in fields from education to politics. A Tokyo medical
university made headlines last year when it admitted to excluding women in
favor of less qualified men. Japanese receive some of the most generous parental
leave allowances in the world, yet few men take advantage of them, and women
face barriers to returning to work because of childcare shortages. Working
mothers suffer because Japan’s fathers do less housework than their
counterparts in other developed countries. Abe, a conservative, jumped on the
Womenomics bandwagon after he returned to office in 2012, becoming an unlikely
champion of working women as he sought to tackle what he has called the
national crisis of the aging and shrinking population. He pledged among other
things to put women in 30 percent of management positions in all fields by
2020, though progress toward that goal has been glacial. In politics, only
about 10 percent of lower house lawmakers are female, while Abe has just one
woman in his 19-strong cabinet.
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Thanks & Regards,
CS Meetesh Shiroya
Thanks & Regards,
CS Meetesh Shiroya
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