There
are some laws, which are so detrimental to economic liberalization
that without a wide-ranging and comprehensive change program, the entire reform process
may collapse.
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One of these is
the Agricultural and Ceiling Act, which permits non-resident Indians to invest in
agriculture but does not permit absentee cultivation of holdings. By
discouraging adoption of modern technology and scientific farming, the Act pressures the
government to spend massive amounts to develop rural infrastructure.
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Similarly, the
Urban Land Ceiling Act keeps land prices artificially high, skews the property market and
discourages investment flows.
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Although
domestic movement of agricultural goods is more or less free, the Essential Commodities
Act, 1955, the Cotton Movement Control Order and Paddy Control Order, Milk and Milk
Products Order and Agricultural Produce Regulated Market Act continue to exist, distorting
the rural economy.
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Take the
Companies Act, 1956, one of the most voluminous pieces of legislation comprising over 650
sections and 15 Schedules. Despite amendment, there are several sections prescribing
needless control and regulation in areas covering incorporation of companies, share
capital, procedures, public issues, registration and remuneration which jar in
todays liberalized environment.
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For instance,
any company wishing to appoint more than 12 directors or give a loan to a director has to
get approval from the Government. Section 259 of the Companies Act, 1956 provides;
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" Increase
in number of directors to require Government sanction
In the case of a
public company or a private company, which is a subsidiary of a public company, any
increase in the number of its directors, except-
(a) in the case
of company which was in existence on the 21st day of July, 1951, and increase which was
within the permissible maximum under its articles as in force on that date, and
(b) in the case
of a company which came or may come into existence after that date, an increase which is
within the permissible maximum under its articles as first registered, shall not have any
effect unless approved by the Central Government and shall become void if, and in so far
as, it is disapproved by that government:
[Provided that
where such permissible maximum is twelve or less than twelve, no approval of the Central
Government shall be required if the increase in the number of its directors does not make
the total number of its directors more than twelve.] ."
Further Section
295 of the Companies Act, 1956 provides:
" Loans
to directors, etc.-
Save as
otherwise provided in sub-section (2) no company [hereinafter in this section referred to
as "the lending company" [without obtaining the previous approval of the Central
Government in that behalf shall, directly or indirectly,] make any loan to, or give any
guarantee or provide any security in connection with a loan made by any other person to,
or to any other person by,
"
Under the same
Act, the making of bidis is not an industry, but the publication and printing department
of Osmania University is. There is a law governing corporate donations to political
parties, while most donations now come from non-corporate sources. The list could go on.
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Under the
Industrial Disputes Act of 1947, an employer cant effect any change in working
conditions, wages, compensatory allowances, work hours, rest intervals, new disciplinary
rules, even raise or reduce the number of workers (except casual) without permission from
the appropriate authority. |
Section 9A of
the Industrial Disputes Act of 1947, provides;
" Notice
of change -
No employer, who
proposes to effect any change in the conditions of service applicable to any workman in
respect of any matter specified in the Fourth Schedule, shall effect such change,-
(a) without
giving to the workmen likely to be affected by such change a notice in the prescribed
manner of the nature of the change proposed to be effected; or
(b) within
twenty-one days of giving such notice:Provided that no notice shall be required for
effecting any such change-
(a) where the
change is effected in pursuance of any [settlement or award]; or
(b) where the
workmen likely to be affected by the change are persons to whom the Fundamental and
Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil
Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations,
Civilians in Defense Services (Classification, Control and Appeal) Rules or the Indian
Railway Establishment Code or any other rules or regulations that my be notified in this
behalf by the appropriate Government in the Official Gazette, apply. "
The complex
Industrial law regime, with over 50 major legislations and an equal number of state laws,
include the Workmens Compensation Act of 1923, Trade Unions Act of 1926, Minimum
Wages Act of 1936, Factories Act of 1948 and Industrial Disputes Act of 1947.
Sections of this
Industrial Disputes Act of 1947 make it difficult for employers to recast sick units
through modernization and technology up-gradation and it restricts their right to make any
change in service conditions while conciliation proceedings are on, thus encouraging trade
unions to stall introduction of new technology. |