Showing posts with label 2013. Show all posts
Showing posts with label 2013. Show all posts

Sunday, April 27, 2014

MCA HAS TAKEN U-TURN IN ABRIDGING THE SCOPE OF COST AUDITS IN THE DRAFT RULES OWING TO INDUSTRY PRESSURE

MCA HAS TAKEN U-TURN IN ABRIDGING THE SCOPE OF COST AUDITS IN THE DRAFT RULES OWING TO INDUSTRY PRESSURE
By K P C Rao, LLB, FCMA, FCS.,
CMA (USA), FIPA (Australia)
Practicing Company Secretary
kpcrao.india@gmail.com
Background
Business sustainability depends greatly on cost and competitiveness. In a liberalized and growing economy, effective use of productive resources is the main challenge.  The survival and growth of an organization depends on competitiveness and  competing edge of various parameters like adaptability, technology, quality, timeliness  etc. and the most important the ‘Cost’. The entrepreneurs should have clear understanding of both the operational cost and marginal cost for decision-making purpose. They should also bring improvement in time management system for better labour productivity and increased efficiency. The industries can optimize their cost of production by adopting Cost control techniques. Cost accounting system builds competitiveness in the Industry, and helps maintain competitive cost advantage to face the global challenges. Having realised the importance of the ‘Cost’, the Ministry of Corporate Affairs (MCA) had appointed an expert group during 2008 and implemented its recommendations in 2011. However, the MCA has now taken a total U-turn on its stand and substantially reduced the scope of the cost audit in the draft rules, due to industry pressure.
The Companies (Cost Records and Cost Audit) Rules, 2013
The latest Draft Rules issued by MCA in exercise of the powers conferred by sub-sections (1) and (2) of section 469 and section 148 of the Companies Act, 2013 (18 of 103), related to the cost records and audit mechanism may lead to substantially curb the scope of the cost audit profession and affect the cost practitioners if implemented. The draft rules proposed to be applicable in respect of financial year commencing on or after 1st April, 2014. The draft rules curtail cost audits as discussed below:
(a)    First, the number of industries covered is reduced. At present, a company engaged in production, processing, manufacturing, or mining activities is required to maintain cost records. Further, all listed companies are required to maintain cost records. Whereas, under the proposed rules Cost audit is applicable only to a company (including foreign companies) for which cost audit is ordered by the central government, as the draft rules require only those companies that are operating in strategic sectors or in industries that are regulated by a sectoral regulator, or a Ministry or Department of Central Government or in some specified industries such as manufacturing of components and equipment being used by railways, minerals and ores. It also covers healthcare services and education services.
(b)   Secondly, the turnover and net worth threshold has been increased substantially. The threshold has been increased from net worth of Rupees Five crore to 500 crore and the threshold of turnover from the specified product is fixed at Rupees 100 crore.
(c)    Third, apart from the companies required to undergo cost audit, all others have been exempted from maintaining even cost accounting records.  
Conclusion
It is to be understood that the Cost Audit is different from Financial Audit. Financial Audit merely focuses on compliance to the Law and the reporting needs of 'Shareholders' of the company, who are wealth creators of the business. It does not evaluate a company's performance with regard to cost of production. It also does not speak about the internal strength, efficiency, and sustenance aspect of the business. Cost Audit focuses on performance evaluation and the stakeholders at large. It helps improve performance and production efficiencies by detecting deviations from standards, and reasons of visible and invisible losses, inefficiencies, wastages etc. It provides answers to the questions like “to what extent the labour is efficient or   whether material is being used to the optimum extent?" It speaks amply about utilisation of resources, which is vital for managing the economy.
Cost Audit is admitted internationally by business enterprises as a management tool, rather than as a cost verifying mechanism. Cost accounting techniques, which are prescriptive (e.g. budgeting, standard costing, variable costing
The impact would be at least 90% of the economic activity will be out of the purview of cost records and cost audit. Moreover, they will be deprived of the resultant benefits associated with cost audit.  Futher, the implementation of the draft rules could jeopardise prospects of many who left other jobs to practise cost accounting. The profession will not be able to attract talent and it will become weak. This will hurt all the stakeholders in the longrun.
The draft rules are in the public domain for comments and suggestions of stakeholders by 6th, December 2013. 

[Published in 'Circuit', monthly journal of ICAI, Hyderabad during  December, 2013]


THE LAND ACQUISITION ACT, 2013 –AN OVERVIEW

THE LAND ACQUISITION ACT, 2013 –AN OVERVIEW
By K P C Rao, LLB, FCMA, FCS.,
CMA (USA), FIPA (Australia)
Practicing Company Secretary
kpcrao.india@gmail.com
Background
Economic growth and job creation require efficient usage of land resources. It is important that a fair and transparent process for purchase and for acquisition of land is followed.
(1) For the purchase of land, a key concern is the authenticity of land titles.
(2) In the case of land acquisition, the key issues to be addressed are:
(a)    What are the end-uses for which public interests will trump private property rights, and justify acquisition of land from a person who is not willing to part with it?
(b)   What should be the process followed?
(c)    Since there is no market mechanism of discovery of prices in these cases, how should compensation be computed?
(d)   Is there a need to address non-land owners who may be displaced by the acquisition process?
(e)    Does the acquisition process get completed in a reasonable amount of time, and is there finality to the acquisition?
(f)    In sum, do both sides—the acquirer and the land owner—perceive the process to be fair?

Therefore, there is a need for the new Law at least on three counts viz; (1) to Address Public Concern; (2) to Replace Outdated Law and (3) the Need for Balance.
To addresses these issues Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (The Land Acquisition Act, 2013) was passed on 29th  August 2013 in the Lok Sabha and on 4th  September 2013 in Rajya Sabha and  received the ascent of the President of India on 27th  September 2013. This Act would be notified by early next year after framing of rules.

Highlights of the Act
(a)    The Act provides for land acquisition as well as rehabilitation and resettlement.  It replaces the Land Acquisition Act, 1894.
(b)   The process for land acquisition involves a Social Impact Assessment survey, preliminary notification stating the intent for acquisition, a declaration of acquisition, and compensation to be given by a certain time.  All acquisitions require rehabilitation and resettlement to be provided to the people affected by the acquisition.
(c)    Compensation for the owners of the acquired land shall be four times the market value in case of rural areas and twice in case of urban areas.
(d)   In case of acquisition of land for use by private companies or public private partnerships, consent of 80 per cent of the displaced people will be required.  Purchase of large pieces of land by private companies will require provision of rehabilitation and resettlement.
(e)    The provisions of this Act shall not apply to acquisitions under 16 existing legislations including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc.
Conclusion
The proposed law is an unhappy compromise between two extremes: letting all manner of landholders hold industry hostage and preventing the latter from trampling the property rights of small and marginalized landholders. As in most Indian compromises, this one too will lead to sub-optimal results.
Economic efficiency is enhanced only when competitive bidding for resources happens in a free market. This is far from the current setup in India, where the bureaucracy plays a huge role in resource allocation. The proposed legislation aims to improve economic efficiency and preserve the economic rights of landowners. But, given that neither is compatible with a system of resource allocation based on political interests, it is unlikely to deliver on both counts. What we need is the policies for the 21st century, not a throwback to Luddite notions of the 19th century.


*****

[Published in 'Circuit', monthly journal of ICAI, Hyderabad during  November, 2013]

Tuesday, February 11, 2014

WHAT IS MONEY BILL? WHAT IS THE LEGISLATIVE PROCEDURE FOR ITs INTRODUCTION IN THE PARLIAMENT?

WHAT IS MONEY BILL? WHAT IS THE LEGISLATIVE PROCEDURE FOR ITs INTRODUCTION IN THE PARLIAMENT?
By K P C Rao.,
 LL.B., FCS., FICWA.
Practicing Company Secretary
kpcrao.india@gmail.com
1.      WHAT IS MONEY BILL?

In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law.

Article 110 (1) of the Indian Costitution defines that a Money Bill is a Bill which contains only provisions with respect to all or any of the specified matters.

2.      DEFINITION OF “MONEY BILLS” (ARTICLE 110)

    (1)  For the purposes of this  Chapter [Chapter V], a Bill shall be deemed to be a Money Bill if it contains only provisions  dealing with all or any of the following matters, namely:—
(a)  the imposition, abolition, remission, alteration or regulation of  any tax;
(b)  the regulation of the borrowing of money or the giving of any  guarantee by the Government of India, or the amendment of the law with  respect to any financial obligations undertaken or to be undertaken by  the Government of India;
(c)  the custody of the Consolidated Fund or the Contingency Fund of  India, the payment of moneys into or the withdrawal of moneys from any  such Fund;
(d)  the appropriation of moneys out of the Consolidated Fund of  India;
(e)  the declaring of any expenditure to be expenditure charged on the  Consolidated Fund of India or the increasing of the amount of any such  expenditure;
(f)   the receipt of money on account of the Consolidated Fund of India  or the public account of India or the custody or issue of such money or  the audit of the accounts of the Union or of a State; or
(g)  any matter incidental to any of the matters specified in sub-clauses (a) to (f).
    (2)  A Bill shall not be deemed to be a Money Bill by reason only that it  provides for the imposition of fines or other pecuniary penalties, or for the  demand or payment of fees for licences or fees for services rendered, or by  reason that it provides for the imposition, abolition, remission, alteration or  regulation of any tax by any local authority or body for local purposes.
    (3)  If any question arises whether a Bill is a Money Bill or not, the  decision of the Speaker of the House of the People thereon shall be final.
    (4)  There shall be endorsed on every Money Bill when it is transmitted  to the Council of States under article 109, and when it is presented to the  President for assent under article 111, the certificate of the Speaker of the  House of the People signed by him that it is a Money Bill.


3.      DISTINCTION BETWEEN MONEY BILLS, FINANCIAL BILLS AND BILLS INVOLVING EXPENDITURES 

A Money Bill is a Bill which contains only matters mentioned Article 110 (1).  A Financial Bill, apart from dealing with one or more of the matters mentioned in Article 110(1) deals with other matters also. Thus a Financial Bill is a Money Bill to which provisions of general legislations are also added apart from one or more matters of Article 110 (1). Thus, all Money Bills are financial Bills but all financial bills are not Money Bills.

4.      LEGISLATIVE PROCEDURE [ARTICLE 107]

      (a)  Provisions as to introduction and passing of Bills (Article 107)

(1)  Subject to the provisions of articles 109 and 117 with respect to Money Bills and other financial Bills, a Bill may originate in either House of Parliament.
(2)  Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has been  agreed to by both Houses, either without amendment or with such amendments  only as are agreed to by both Houses.
(3)  A Bill pending in Parliament shall not lapse by reason of the   prorogation of the Houses.
(4)  A Bill pending in the Council of States which has not been passed by   the House of the People shall not lapse on a dissolution of the House of the People.
(5)  A Bill which is pending in the House of the People, or which having  been passed by the House of the People is pending in the Council of States,  shall, subject to the provisions of article 108, lapse on a dissolution of the  House of the People.

     (b)  Special procedure in respect of Money Bills (Article 109)

(1)  A Money Bill shall not be introduced in the Council of States.
(2)  After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States for its recommendations and the Council of States shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the House of the People with its  recommendations and the House of the People may thereupon either accept or  reject all or any of the recommendations of the Council of States.
(3)  If the House of the People accepts any of the recommendations of the   Council of States, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Council of States and accepted by the House of the People.
(4)  If the House of the People does not accept any of the recommendations of the Council of States, the Money Bill shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the People without any of the amendments recommended by the Council of States.
(5)  If a Money Bill passed by the House of the People and transmitted to the Council of States for its recommendations is not returned to the House of the People within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the House of the People.


5.      CONCLUSION

In the light of the aforesaid discussion, the proposed Andhra Pradesh Reorganisation Bill, 2013 is a Money Bill with in the meaning of Article 110 of the Constitution of India, as it containes the provision dealing with the matters specified in sub-clauses (a) to (f) of the Article 110 and more particularly concerned with (i) the appropriation of moneys out of the Consolidated Fund of  India; and (ii) the declaring of any expenditure to be expenditure charged on the  Consolidated Fund of India or the increasing of the amount of any such  expenditure i.e.,

Andhra Pradesh Reorganisation Bill, 2013  

Certain expenditure to be charged on Consolidated Fund (clause 67) All sums payable by the State of Andhra Pradesh or by the State of Telangana, as the case may be, to the other State, or by the Central Government to the successor States, by virtue of the provisions of this Act, shall be charged on the Consolidated Fund of the State by which such sums are payable or, as the case may be, the Consolidated Fund of India.is attracting the provisions of Article 110 of the Constitution of India.

Contrary to the specific provisions under Article 109(1) of the Constitution of India, the Center has initially announced to introduce the Bill in the Council of States (Rajya Sabha).This has created a lot of controvesy within the UPA and from the opposition. Thereafter, the Center (Home Ministry) has changed its stand and introduced the Andhra Pradesh Reorganisation Bill, 2014 in the House of the People (Lok Sabha) on February 13, 2014. The Bill was passed by the Lok Sabha on Feb 18, 2014 and by Rajya Sabha on Feb 20, 2014. The Bill is published in the official Gazette after the   assent of the President of India, Pranab Mukherjee on 1 March 2014 and became Andhra Pradesh Reorganisation Act, 2014 paving the way for creation of the country's 29th state by splitting Andhra Pradesh.  Appointed day of the New State is notified as 2nd June, 2014. 

*****
[Published in 'Circuit', monthly journal of ICAI, Hyderabad during  March, 2014]