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TECHNOLOGICAL &

LEGAL ENVIRONMENT
MODULE 3
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

TECHNOLOGY: A DEFINITION

Technology is the branch of knowledge that deals with the


creation and use of technical means and their interaction with
life, society and the environment, drawing upon such subjects as
industrial arts, engineering, applied science and pure science.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

TECHNOLOGY AND DEVELOPMENT

Technology is one of the prime motive forces of development.


It consists of a system of knowledge, skills, experience and
organization that is required to produce, utilize and control
goods and services.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

THE CONTRIBUTION OF TECHNOLOGY

• Technology is one of the important determinants of success of a firm


as well as the economic and social development of a nation.
• Technology is one of the most critical inputs for economic growth.
• Countries that possess superior technology enable their people to
earn enhanced incomes through high productivity and enjoy high
standard of living.
• On the contrary, people of poor countries with low technology
produce less and earn low incomes and have low standard of living.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

APPROPRIATE TECHNOLOGY

• To be effective and to bring about greater efficiency and


higher productivity, technology has to be so fine tuned so to
address issues of the locality where it is applied. It has to use,
as far as possible, local resources.
• The technology locally developed reflects local conditions,
objectives and needs. The technology so developed is called
Appropriate Technology.
IMPACT OF
TECHNOLOGY
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

THE ROLE OF TECHNOLOGY

• Shapes people’s lives


• Fosters innovation
• Affects competitive advantage and buying power
• Acts as a force multiplier
• Displaces labour
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

USES OF TECHNOLOGY IN BUSINESS

The four areas of business where technology can be used are:


• Communications and information management;
• Operations as in any production or manufacturing activity
• Product design
• Research and development (R&D).
Of these four areas, Information Technology (IT) is the one that has
developed business most and has brought in innumerable benefits to
organizations in terms of savings in cost, time and resources.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

BENEFITS OF TECHNOLOGY TO BUSINESS

• Cost reduction
• Improved product quality
• Increased productivity
• Shorter turnaround period
• Informed decision making
• Innovations
DIGITAL INDIA Prepared By;
 A flagship programme of the Government of India with a vision to transform India into a Hirva Nathwani
digitally empowered society and knowledge economy. 91900449009
BBA(FM0 SEM-3
Marwadi University
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

CONTENTS

• About Digital India

• Vision and Vision Areas

• Pillars of Digital India

• Digital India Initiatives

• 5 Years of Digital India


Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

ABOUT DIGITAL INDIA


• Launched on 1 July 2015 by Prime Minister Narendra Modi.

• Motto: “Power to Empower”

• Ministry: Ministry of Electronics and Information Technology

• Key people: Ravi Shankar Prasad, Minister of Electronics and Information Technology of India.

• Launched as in order to ensure the Government's services are made available to citizens electronically by improved online
infrastructure ,by increasing Internet connectivity and making the country digitally empowered in the field of technology.

• The initiative includes plans to connect rural areas with high-speed internet networks.

• Website: digitalindia.gov.in
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

VISION AND VISON AREAS OF DIGITAL INDIA

Vision: The vision of Digital India programme is to transform India into a digitally empowered society and knowledge
economy.

Vision Areas: The Digital India programme is centered on 3 key vision areas

VISION AREA 1 VISION AREA 2 VISION AREA 3


Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

VISION AREA 1 VISION AREA 2 VISION AREA 3

Seamlessly integrated
High speed internet as a services across Universal Digital
core utility departments or Literacy
jurisdictions

Services available in
Cradle to grave digital Universally accessible
real time through online
identity digital resources
& mobile platforms

Participation in digital
All citizen entitlements All
& financial space
to be portable and documents/certificates
through mobile &
available on cloud available on cloud
banking

Digitally transforming Availability of digital


Easy Access to Common
services for improving resources/services in
Service Centre ease of doing business Indian Languages

Making financial Collaborative digital


Shareable private space
transactions electronic & platforms for
on public cloud
cashless participative governance
HOW DIGITAL INDIA WILL BE REALIZED:
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

PILLARS OF DIGITAL INDIA


 Digital India aims to provide the much needed thrust to the nine pillars of growth areas, namely Broadband Highways,
Universal Access to Mobile Connectivity, Public Internet Access Programme, e-Governance: Reforming Government
through Technology, e-Kranti - Electronic Delivery of Services, Information for All, Electronics Manufacturing, IT for Jobs
and Early Harvest Programmes. 
 Each of these areas is a complex programme in itself and cuts across multiple Ministries and Departments.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

DIGITAL INDIA INITIATIVES


• [A] INFRASTRUCTURE:
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

[B] SERVICES:

Crop Insurance
Mobile App
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

[C] EMPOWERMENT:
5 YEARS OF DIGITAL INDIA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022
INFORMATION
TECHNOLOGY ACT
2000
HTTPS://WWW.INDIACODE.NIC.IN/BITSTREAM/123456789/1999/3/A2000-21.PDF
(SOURCE)
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

INFORMATION TECHNOLOGY ACT, 2000

• In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted
the model law on electronic commerce (e-commerce) to bring uniformity in the law in different
countries.
• Further, the General Assembly of the United Nations recommended that all countries must
consider this model law before making changes to their own laws. India became the 12th
country to enable cyber law after it passed the Information Technology Act, 2000.
• While the first draft was created by the Ministry of Commerce, Government of India as the
ECommerce Act, 1998, it was redrafted as the ‘Information Technology Bill, 1999’, and passed
in May 2000.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

OBJECTIVES

• The Information Technology Act, 2000 provides legal recognition to the transaction done via
electronic exchange of data and other electronic means of communication or electronic
commerce transactions.
• This also involves the use of alternatives to a paper-based method of communication and
information storage to facilitate the electronic filing of documents with the Government
agencies.
• Further, this act amended the Indian Penal Code 1860, the Indian Evidence Act 1872, the
Bankers’ Books Evidence Act 1891, and the Reserve Bank of India Act 1934. The objectives of
the Act are as follows:
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

OBJECTIVES (CONT…)

• Grant legal recognition to all transactions done via electronic exchange of data or other electronic means of
communication or e-commerce, in place of the earlier paper-based method of communication.
• Give legal recognition to digital signatures for the authentication of any information or matters requiring
legal authentication
• Facilitate the electronic filing of documents with Government agencies and also departments
• Facilitate the electronic storage of data
• Give legal sanction and also facilitate the electronic transfer of funds between banks and financial institutions
• Grant legal recognition to bankers under the Evidence Act, 1891 and the Reserve Bank of India Act, 1934,
for keeping the books of accounts in electronic form.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

FEATURES

• All electronic contracts made through secure electronic channels are legally valid.
• Legal recognition for digital signatures.
• Security measures for electronic records and also digital signatures are in place
• A procedure for the appointment of adjudicating officers for holding inquiries under the Act is finalized
• Provision for establishing a Cyber Regulatory Appellant Tribunal under the Act. Further, this tribunal will handle all appeals made
against the order of the Controller or Adjudicating Officer.
• An appeal against the order of the Cyber Appellant Tribunal is possible only in the High Court
• Digital Signatures will use an asymmetric cryptosystem and also a hash function
• Provision for the appointment of the Controller of Certifying Authorities (CCA) to license and Senior police officers and other officers
can enter regulate the working of Certifying Authorities. The Controller to act as a repository of all digital signatures.
• The Act applies to offences or contraventions committed outside India
• any public place and search and arrest without warrant
• Provisions for the constitution of a Cyber Regulations Advisory Committee to advise the Central Government and Controller.
THE SECURITIES AND
EXCHANGE BOARD OF INDIA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

THE SECURITIES AND EXCHANGE


BOARD OF INDIA ACT, 1992

The Securities and Exchange Board of India Act, 1992 was enacted by the
Indian Parliament “to provide for the establishment of a Board to protect
the interests of investors in securities and to promote the development of,
and to regulate the securities market and for matters connected therewith
or incidental thereto”.

Several powers enjoyed by the Securities Contracts (Regulation) Act and the
Companies Act have been delegated to the SEBI to strengthen its hand as a capital
market regulator. The SEBI now functions under the overall control and direction
of the Ministry of Finance, Government of India.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

OBJECTIVES AND FUNCTIONS

The statutory objectives of the SEBI as per the Act are:

• Protection of investors’ interests in securities


• Promotion of the development of the securities market
• Regulation of the securities market
• Matters connected therewith and incidental thereto
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

POWERS

To carry out its responsibilities under the Act, the Board is clothed with
the same powers as are vested in a Civil Court in respect of the following
matters, namely:
• The discovery and production of books of account and other documents
at such place and such time as may be specified by the Board
• Summoning and enforcing the attendance of persons and examining
them on oath
• Inspection of any books, registers and other documents of stockbrokers,
sub-brokers, and share transfer agents, etc.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

ORGANIZATION

• Chapter II of the SEBI Act deals with the establishment, incorporation,


administration and management of the Board of Directors, etc. The Act
provides for the establishment of a statutory board comprising six
members. The chairman and two members are appointed by the Central
Government, one by the Reserve Bank and two members having
experience of securities market are appointed by the Central
Government.
• SEBI’s activities are carried on four operational departments, viz. (i)
Primary market department; (ii) Issue management and intermediaries
department; (iii) Secondary market department and (iv) Institutional
department, each of which is headed by an Executive Director. There are
two other functional departments namely; (v) The Legal Department;
and (vi) Investigation Department, both of which are also headed by
Executive Directors.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

SEBI’S ROLE IN PROMOTING CORPORATE


GOVERNANCE
• Disclosure standards
• Efficient and effective market system
• Reliable and effective enforcement
• Highest standards of governance
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

SHORTCOMINGS

 Lack of adequate required power


• Buckles under pressure
• The legacy of Nehruvian socialism dies hard
• Mammoth size of the market and inefficient handling
• Inefficient standard regulatory model
• SEBI should identify delinquents speedily and penalize them
• Problems that SEBI has not tackled
• There is a long way to go.
INTELLECTUAL
PROPERTY RIGHT
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

INTELLECTUAL PROPERTY RIGHTS


Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

INTELLECTUAL PROPERTY

The term intellectual property (IP) signifies creations of the mind


such as inventions, literary and artistic works, and symbols, names,
images, and designs used in commerce.

IP can be split into two types: (i) Industrial property that takes into
account inventions (patents), trademarks, industrial designs and
geographic indications of source; and (ii) Copyright that covers literary
and artistic works such as novels, poems and plays, films, musical
works, artistic works like drawings, paintings, photographs and
sculptures, and architectural designs.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

LEGISLATIVE FRAMEWORK

The following are some of the IPR-related, activity-specific legislations passed in India:
• Design : Design Act 2000
• Trademark : Trademarks Act, 1999
• Copyright : The Copyright Act, 1957 as amended in 1983, 1984 and

• 1992, 1994, 1999 and the Copyright Rules, 1958.


• Layout Design of Integrated Circuits : The Semiconductor Integrated Circuit Layout
Design Act 2000. (Enforcement pending).
• Protection of Undisclosed Information : No exclusive legislation exists but the matter
would be generally covered under the Contract Act, 1872.
• Geographical Indications : The Geographical Indication of Goods (Registration and
Protection) Act 1999.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

PATENT

• A patent is a protection document that certifies the priority, authorship, and property right
to invention (utility model). An invention is a result of intellectual activity of a human
being in any field of technology. It can be a product or a process that provides a new way
of doing something as well as the novel use of a product or process already known. In
order to be protected by a patent an invention must conform to certain conditions that are
prescribed in the corresponding laws and regulations of a country where the protection is
applied for. Among such conditions are the following:
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

CONTINUE…

• Among such conditions are the following:


• Invention must be new;
• Invention must have an inventive step;
• Invention must be practically applicable.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

CONTINUE….

• The scope of the granted legal protection is defined by the patent claims. The
interpretation of the patent claims shall be accomplished within the patent description and
relevant drawings.
• A patent owner has an exclusive right to use and dispose the invention as well as to
prohibit others from using this invention without the owner’s consent within the patent
validity term. After the expiration of the patent validity term the invention becomes
available to commercial exploitation by others.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

TRADEMARKS

A trademark is a visual symbol that distinguishes the goods or services


of one enterprise from those of the competitors.

A trademark, also known as brand name in ordinary language, is a


visual symbol in the form of a word, signature, name, device, label,
numerals or combination of colours used by one enterprise on goods or
services or other articles of commerce to differentiate it from other
similar goods or services originating from a different enterprise.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

FUNCTIONS OF TRADEMARKS

Under modern business conditions a trademark performs the following functions:

• It identifies the goods/or services and its origin


• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/services.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

REGISTRATION OF TRADEMARKS

• Any person who has the legal claims of a trademark can apply to the
Registrar of Trademarks for its registration.
• The application shall be made in the name of an individual, partners of a
firm, a Corporation, any government department, a trust or joint
applicants claiming to be the proprietor of the trademark.
• The application shall be filled in the office of the Trademarks Registry
within whose territorial limits the principal place of business in India of
the applicant is located. In the case of joint applicants it shall be filled in
the office of the Trademarks Registry within whose territorial limits the
principal place of business in India is situated.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

(CONTINUED)

• With regard to the acceptance or rejection of application, the Registrar may accept the
application absolutely or subject to such amendments, modifications, conditions or
limitations, if any, as he may think fit, or refuse the application.
• In the event of a rejection or conditional acceptance of an application, the Registrar shall
put in writing the grounds for such refusal or conditional acceptance and the materials
used by him in arriving at his decision.
• Once a trademark is registered, the applicant will receive from the Registrar a certificate
in the prescribed form, sealed with the seal of the Trademarks Registry. The duration of
the registration of a trademark is 10 years, but may be renewed from time to time
according the provisions of the Act.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

COPYRIGHT ACT

• India has one of the most up-to-date copyright protection laws in the world,
governed by the Copyright Act, 1957.
• A major landmark in the sphere of copyright during 1999 was the amendment
to the Copyright Act of 1957 to make it fully attuned with the provisions of the
TRIPS Agreement. Called the Copyright (Amendment) Act, 1999, this amended
law became effective from 15 January, 2000.

• The Copyright Act, 1957 lays down mandatory punishment for piracy
of copyrighted matter in accordance with the gravity of the offence to
deter infringement, in compliance with the TRIPS Agreement.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

OTHER IPRS

• Geographical indications
• Industrial designs
• Integrated circuits
• Trade secrets
COMPETITION ACT
2002
THE REGULATION OF COMPETITION
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

The regulation and protection of competition usually requires a competition


policy backed by an appropriate legislation. There are three basic areas of
such competition policy:

• Control of dominant firms by regulation


• Control of mergers to prevent the possibility of emergence of monopolies
• Control of anti-competitive acts like full line forcing and predatory pricing
CORPORATE CONTROL IN
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

COMPETITION

• Constraints in developing countries


• The role of banks
• Ownership concentration
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

THE BENEFITS OF COMPETITION

Competition improves the conduct of managers, as they understand


that in such markets only the fittest can survive. This, in turn, improves quality of products and reduces
prices for consumers, and
maintains or increases market share, and return on shareholders’
investment.

 Competition in the product market


 Competition in the capital market
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

THE COMPETITION ACT, 2002

The Competition Act is important for businesses in three main areas:


• Commercial agreements and trading practices
• Conduct towards competitors, suppliers and customers, especially in the case of firms
with a strong market position
• Mergers and acquisitions
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

OBJECTIVES

The basic objectives of the Competition Bill that is designed to


eventually replace the MRTP Act are:

• Encourage competition
• Prevent abuse of dominant position
• Protect the consumer
• Ensure a level playing field to participate in the Indian economy
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

FOCUS AREAS OF THE COMPETITION ACT

• Agreement amongst enterprises


• Abuse of dominance
• Mergers of combination among enterprises
FERA & FEMA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

THE FOREIGN EXCHANGE REGULATION ACT,


1973

• The FERA was promulgated in 1973 and it came into effect on 1


January, 1974.
• FERA, 1973 was enacted when India was passing through an acute
foreign exchange crisis. India had less than USD 1 billion foreign
exchange reserves in the exchequer.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

FERA: OBJECTIVES

The primary objective of FERA was to conserve the country’s forex


reserves and to ensure their proper utilization with the view to helping
the economic growth of the country. With this end in view, FERA
could regulate the acquisition, holding, transfer or disposal of
immovable property abroad by Indian nationals; it could regulate
participation by Indians in the trading, commercial and industrial
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

MAIN PROVISIONS

• All foreign companies that sought approval under FERA, save those in
shipping and airlines, had to convert themselves into
Indian companies.
• A minimum of 74 per cent of shareholding by foreign principals would
be permitted only in case of companies that produced (a) certain specified
items listed in the Industrial Policy of 1973; or (b) primarily export-
oriented commodities; or (c) goods employing state-of-the-art technology;
or (d) tea; or (e) companies engaged in trading not exceeding 25 per cent
of ex-factory value of production or having a turnover of less than INR 50
million.
(CONTINUED)
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

• If a company is 100 per cent export oriented, a foreign shareholding


exceeding 74 per cent might be permitted, the decision being based on merit in
each case.
• A foreign shareholding of 40 per cent would be permitted in case of
companies engaged in the production of items other than those listed in the
Industrial Policy of 1973, trading, consultancy and plantation companies other
than those that produce tea.
• In case of airlines and shipping companies, the extent of foreign
shareholding would be determined on a reciprocal basis.
• In case of banking companies, the extent of foreign shareholding will be
determined based on the guidelines issued by the Reserve Bank of India and
the Banking Department of the Ministry of Finance, Government of India.
RESTRICTIVE PROVISIONS
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

• Restrictions on dealing in foreign exchange


• Restrictions on payments
• Restriction on import and export of certain currency and bullion
• Duty of persons entitled to receive foreign exchange
• Payment for exported goods
• Regulation of export and transfer of securities
• Restrictions on holding of immovable property outside India
• Restriction on acquisition, holding etc. of immovable property in India
• Restriction on establishment of place of business in India
THE FOREIGN EXCHANGE
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

MANAGEMENT ACT, 1999

 The Foreign Exchange Management Act (FEMA), 1999 has repealed the Foreign
Exchange Regulation Act (FERA) 1973. The FEMA consolidates and amends the Act
relating to foreign exchange.

 FEMA was passed by Lok Sabha on 2 December, 1999. It extends to the whole of India
and applies to all branches, offices and agencies outside India owned or controlled by any
Indian national.

 It also applies to any contravention there under committed outside India by any person to
whom this Act applies. The Act came into force with effect from 1 June, 2000.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

OBJECTIVES

FEMA has the following twin objectives: (i) to facilitate external trade and
payments and (ii) to promote the orderly development and maintenance of
foreign exchange market in India. In other words, the objective of FEMA is
to consolidate and amend FERA so as to promote foreign trade, while
promoting the country’s foreign exchange market.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

PROVISIONS

If anybody contravenes any provision of FEMA:

• Such person shall be liable to penalty up to twice the sum involved in such contravention
• An Appellate Tribunal for Foreign Exchange shall be established by the Central
Government to hear appeals against the orders of the adjudicating authorities
• If anybody does not make full payment of the penalty he shall be liable for civil
imprisonment
• The Act empowers the Central Government to suspend or relax, either for a specific
period or indefinitely the operation of all or any of the provisions of FEMA.
PUBLIC, PRIVATE &
COOPERATIVE
SECTORS
PUBLIC SECTOR IN
INDIA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

OBJECTIVES

• Providing public utility services


• Developing and using natural resources
• Developing basic and key industries
• Helping the private enterprise
• Removing exploitation in trade
• Generating capital
• Providing indirect benefits
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

RATIONALE FOR ITS EXISTENCE

• Achieving a socialist society


• Building a strong and viable industrial base
• Generating capital
• Transforming the socio-economic environment
• Building socio-economic overheads
• Allocating resources optimally
• Achieving balanced economic growth and regional development
• Creating investible surpluses
• Developing industries that need huge investments
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

(CONTINUED)

• Developing industries with long gestation periods


• Developing defence and defence-oriented industries
• Controlling industries of strategic and national importance
• Developing science and technology
• Providing social goods
• Promoting social objectives
• Avoiding over-exploitation of natural resources
• Providing infrastructure
• Avoiding duplication of efforts and wastage of resources
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

ORGANIZATION

• Departmental
• Government companies where at least 50 per cent are owned
• Public corporations or statutory corporations
• Other forms
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

CONTROL

Public sector enterprises, established with public money, are subject to


executive scrutiny of the government. It exercises its control on PSUs
by:
 Evolving guidelines governing the functioning of PSEs
• Appointing the top management and most members of their Boards of
Directors;
• Making it mandatory for PSUs to seek government approval for long-
term investment and for making major policy changes
• Calling for progress reports periodically to evaluate the performance of
the enterprises
• Causing the professional auditing of the enterprises
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

POLICIES SINCE 1991

• De-reservations
• Policy regarding sick units
• Memorandum of understanding
• Navaratnas among PSUs
• Disinvestment of shares
• Under-pricing of shares
• Squandering away assets to finance deficits
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

ACHIEVEMENTS

• Rapid industrialization
• Diversification of country’s industrial structure
• Sizeable contribution to the country’s export earnings
• Cutting down imports
• Significant contribution to balanced economic development
• Significant increase in employment opportunities
• Growth in capital formation
• Substantial contribution to central government revenues
• Implementing the country’s objectives
• Judicious use of the country’s resources
• Broadening the technological base
• Meeting social obligations
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

CAUSES OF POOR PERFORMANCE

• Under-utilization of installed capacity


• Rising labour costs
• Persistent labour troubles
• Shortage of power and raw materials
• Inefficient materials management
• General increase in price level
• Considerable capital outlay on infrastructure
• Defective management, lack of autonomy and accountability
• No proper market surveys
• Not enough thought to production schedules
• Unsatisfactory location of many projects
• Complacency due to the absence of competition
PRIVATE SECTOR IN
INDIA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

THE PRIVATE SECTOR

Since 1951, the private sector has been assigned a complementary role
to the public sector. Over the years, private sector confronted several
problems, much of it from the government that adopted policies and
practices that were inimical to its growth. When the government
realized its mistake it started reversing its policy in 1991.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

IMPORTANCE OF THE PRIVATE SECTOR

The private sector has contributed to


• Enhanced quality of life
• Increased access to essential goods and services
• Increased production opportunities
• Reduced prices of essential commodities
• Increased value of human capital
• Improved social life of the Indian middle class
• Reduced the percentage of people living below the poverty line
• Helped in increased R&D activity and spending
• Has brought about better higher education facilities especially in technical education
• Ensured fair competition amongst market players
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

SECTORAL GROWTH IN THE PRIVATE SECTOR

• Manufacturing
• Services
• Banking and insurance
• Transport
• Community and social services
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

PROBLEMS FACED BY THE PRIVATE SECTOR

• Complementary role in economic development


• Engaged only in low-priority industries
• Monopoly and concentration of wealth
• Infrastructure bottlenecks
• Widening trade deficit
• Industrial disputes
• Industrial sickness
• Difficulties in obtaining finance and working capital
• Difficulties in facing foreign competition
COOPERATIVE
SECTOR IN INDIA
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

CO-OPERATIVE SECTOR

• The important objectives of the development of the co-operative


sector are prevention of concentration of economic power, wider
dispersal of ownership of productive resources, active involvement
of people in development programmes, augmentation of the
productive resources and speedier economic development,
liquidation of unemployment and poverty, etc.
• The co-operative idea took a concrete shape in India for the first time
in 1904, when the Co-operative Credit Societies Act — a measure
designed to combat rural indebtedness and provide for the
registration of credit societies — was passed.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

PROCESSING AND INDUSTRIAL CO-OPERATIVES

• Our industrial policy statements have emphasised the role of the co-
operative sector in the industrialisation of the country, especially by
developing cottage, village and small-scale industries.
Dr. Niharika S Bajeja, Asst. Professor, MArwadi Uninversity, Rajkot, Gujarat 03/23/2022

STORAGE, DISTRIBUTION AND


MARKETING CO-OPERATIVES
THANK YOU

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