Professional Documents
Culture Documents
BCK (Chapter 5)
BCK (Chapter 5)
• In the first chapter of the study material, we had introduced business facilitators as a system of
arrangements that ease the doing of business.
• Point of Contact (POC) Business facilitators help the business in several ways. Consider the following
(illustrative list only):
INTRODUCTION
• A freight forwarder i.e. a person or company who organizes shipments for the business firms to get goods from
the manufacturer or producer to a market, customer or final point of distribution. Notefreight forwarders network
with shipping Companies/ Airlines, Railways & Roadways and origination, transit and destination ports and
warehouses [all auxiliaries / aids to trade] to provide logistics support to the business;
• A business incubator helps create and grow young businesses by providing them with necessary support and
financial and technical services; and a business accelerator helps a budding business quickly launch a product
and put it in the fast lane of commercial success;
• A financial consultant who advises the business on the various sources of finance- domestic as well as foreign;
debt as well as equity; short-term as well as long-term and helps it mobilise its requirements too. It may be noted
that merchant bankers/ financial consultants are not themselves the financing institutions- the auxiliaries or aids to
trade;
• A merchandiser who helps the business e.g. a fashion house obtains its supplies- fabrics, accessories, etc.
INTRODUCTION
• The term business facilitator is formally defined in the financial sector as intermediaries performing a host of
functions linking the banks / financial institutions and their potential clients.
• Business facilitators may be distinguished from business correspondents who may be defined as
‘banks in person.’
• These individuals and entities actually provide banking and financial services.
• Obviously, for this reason business correspondents are more closely regulated than business facilitators
who do not engage in the banking and finance business in the sense of handling deposits, repayments etc
G O V E R N M E N T AS A B U S I N E S S FAC I L I TATO R
• In the preceding chapter, we have seen how the government policy is a powerful and pervasive determinant
of business activity. There is barely any sphere of business and commerce that is not affected by
government policy.
• India’s freedom fighters did not merely fight for political independence of India. They had a long term vision
of India’s economic development.
• The Union Government came up with the Industrial Policy statement in 1948 barely a few months after
independence.
• In 1951, the Union Government enacted the Industries Development & Regulation Act. The IDRAI entrusted
the government with the responsibility of ushering in economic development via industrialisation in India.
• The Industrial Policy Resolution of 1956 providing for the respective roles of the Public Sector, Large
Industries and Small Scale Industries guided the growth of business in India for more than three decades.
G O V E R N M E N T AS A B U S I N E S S FAC I L I TATO R
• Initially, the public sector enterprises were to command the industrial development of India.
• However, as the economy got stronger with time and the other wherewithal of facilitation of private
businesses e.g. initially the development banks, the industrial estates and later a developed capital market
etc. took shape, the private sector has grown from strength to strength.
• In this context, the New Economic Policy of 1991 which is better known as the LPG or GPL policy i.e.
the policy of liberalisation, privatisation and globalisation is regarded as the watershed development
in business facilitation in India.
• The government facilitates business not only via formulating business friendly policies but also by creating
an institutional apparatus for the implementation of those policies. In the preceding chapter you have learnt
about the policies; in this chapter our focus is on institutions.
NON-FUNDING INSTITUTIONS FOR
BUSINESS FACILITATION
IN INDIA
(INDIAN REGULATORY BODIES)
N O N - F U N D I N G I N S T I T U T I O N S F O R B U S I N E S S FAC I L I TAT I O N I N I N D I A
( I N D I AN R E G U L ATO RY B O D I E S )
• The institutions such as the Reserve Bank of India which is the central bank of the country, the Securities and
Exchange Board of India which is the apex body of securities exchanges and the Competition Commission of India
which is the rule setter for fair play in business provide the supra context of business facilitation.
• Then there are industry specific business facilitators too such as the Insurance Regulatory and Development
Authority, Telecom Regulatory Authority of India and the like. These institutions do not invest in businesses and as
such are called non funding institutions.
• Here it would be pertinent to mention that there are several other non-funding institutions that facilitate businesses
right from pre-formation to product and process testing, training of manpower and a host of business extension
services.
• For example, the National Institute of Entrepreneurship and Small Business Development (NIESBUD) focuses on
training the trainers in entrepreneurship development; Entrepreneurship Development Institute (EDI) is the
national level apex organisation for entrepreneurship development.
N O N - F U N D I N G I N S T I T U T I O N S F O R B U S I N E S S FAC I L I TAT I O N I N I N D I A
( I N D I AN R E G U L ATO RY B O D I E S )
• These institutes render consultancy services, prepare state industrial profiles and conduct district level
industrial potential surveys. Besides, these institutes prepare project profiles and facilitate quality control and
upgradation in these enterprises.
RESERVE BANK OF INDIA (RBI)
INTRODUCTION
• The Reserve Bank of India (RBI) was established on April 1, 1935 in accordance with the provisions of the
Reserve Bank of India Act, 1934.
• Though originally privately owned, since nationalisation in 1949, the Reserve Bank is fully owned by the
Government of India.
• The Central Office of the Reserve Bank was initially established in Calcutta but was permanently moved to
Mumbai in 1937.
• The board is appointed by the Government of India in keeping with the RBI Act.
ROLE OF RBI
The Reserve Bank of India is the Central Bank of our country. It occupies a pivotal position in the Indian
economy. Its role is summarised in the following points:
• The RBI is the apex monetary institution of the highest authority in India. Consequently, it plays an important
role in strengthening, developing and diversifying the country’s economic and financial structure.
• It is responsible for the maintenance of economic stability and assisting the growth of the economy.
• It is India’s eminent public financial institution given the responsibility for controlling the country’s monetary
policy.
• It acts as an advisor to the government in its economic and financial policies, and it also represents the
country in the international economic forums.
ROLE OF RBI
• It also acts as a friend, philosopher and guide to commercial banks. In fact, it is responsible for the
development of an adequate and sound banking system in the country and for the growth of organised
money and capital markets.
• India being an emerging economy, the RBI has to keep inflationary trends under control and to see that main
priority sectors like agriculture, exports and small scale industry get credit at cheap rates.
• It has also to protect the market for government securities and channelise credit in desired directions.
FUNCTIONS OF RBI
• The Preamble of the Reserve Bank of India describes its basic functions as:
“...to regulate the issue of Bank Notes and keeping of reserves with a view to securing monetary
stability in India and generally to operate the currency and credit system of the country to its
advantage.”
• The Reserve Bank of India, being the Central Bank of India performs all the central banking functions.
Issue of currency
Functions of RBI
Banker’s Bank
Controller of Credit
Promotional Functions
• The RBI is the sole authority for the issue of currency in India
other than one rupee coins and notes and subsidiary coins,
the magnitude of which is relatively small.
B A N K E R TO T H E G O V E R N ME N T
(a) It transacts all the general banking business of the Central and State Governments. It accepts money on account of
these governments and makes payment on their behalf and carries out other banking operations such as their exchange and
remittances.
(b) It manages public debt and is responsible for issue of new loans. For ensuring thesuccesses of the loan operations, it
actively operates in the gilt-edged market and advises the government on the quantum, timing and terms of new loans.
(c) It also sells Treasury Bills on behalf of the Central Government in order to wipe away excess liquidity in the economy.
(d) The RBI also makes advances to the Central and State Governments which are repayable within 90 days from the date
of advance.
(e) The RBI also acts as an adviser to the government not only on policies concerning banking and financial matters but also
on a wider range of economic issues including those in the field of planning and resource mobilisation. It has a special
responsibility in respect of financial policies and measures concerning new loans, agricultural finance and legislation
affecting banking and credit and international finance.
BANKER’S BANK
• The RBI has been vested with extensive power to control and supervise commercial banking system under
the Reserve Bank of India Act, 1934 and the Banking Regulation Act, 1949.
• All the scheduled banks are required to maintain a certain minimum cash reserve ratio with the RBI against
their demand and time liabilities.
• This provision enables the RBI to control the credit position of the country.
• The RBI provides financial assistance to scheduled banks and state cooperative banks in the form of
discounting of eligible bills and loans and advances against approved securities.
• The RBI also conducts inspection of the commercial banks and calls for returns and other necessary
information from banks.
C U S TO D I A N O F F O R E I G N E X C H A N G E R E S E R V E S
• For this purpose it functions as the custodian of nation’s foreign exchange reserves.
• It has to ensure that normal short-term fluctuations in trade do not affect the exchange rate.
• When foreign exchange reserves are inadequate for meeting balance of payments problem, it borrows from
the IMF.
• The RBI has the authority to enter into exchange transactions on its own account and on account of
government. It also administers exchange control of the country and enforces the provisions of Foreign
Exchange Management Act.
CONTROLLER OF CREDIT
• Credit plays an important role in the settlement of business transactions and affects the purchasing power of
people.
• The social and economic consequences of changes in the purchasing power are serious; therefore, it is
necessary to control credit.
• Controlling credit operations of banks is generally considered to be the principal function of a central bank.
• The RBI, like any other Central Bank, possesses power to use almost all qualitative and quantitative
methods of credit controls.
P R O MO T I O N A L F U N C T I O N S
• Apart from the traditional functions of a Central Bank, the RBI also performs a variety of developmental and
promotional functions.
• It is responsible for promoting banking habits among people and mobilising savings from every corner of the
country.
• It has also taken up the responsibility of extending the banking system territorially and functionally.
• Initially, it had also taken up the responsibility for the provision of finance for agriculture, trade and small
industries.
• But now these functions have been handed over to NABARD, EXIM Bank and SIDBI respectively. The
Reserve Bank is responsible for overall credit and monetary policy of the economy.
COLLECTION AND PUBLICATION OF DATA
• It has also been entrusted with the task of collection and compilation
of statistical information relating to banking and other financial
sectors of the economy.
• An inevitable part of the credit policy is the interest rate.
• Reserve Bank of India influences the interest rates through such policy instruments as bank rate.
• Since RBI provides loans to the banks either by direct lending or by rediscounting (buying back) the bills of
commercial banks and treasury bills, it is also known as discount rate.
• Bank rate is the rate of interest at which the RBI lends to banks, It reflects the cost of funds to the banks who
in turn adjust their lending rates accordingly.
• To illustrate, higher bank rate will translate to higher lending rates by the banks. The concept of bank rate is
often compared with repo rate and reverse repo rate
SECURITIES AND EXCHANGE BOARD OF INDIA
(SEBI)
INTRODUCTION
• The Securities and Exchange Board of India (SEBI) was established by the Government of India on 12th April
1988 and given statutory powers in 1992 with SEBI Act, 1992 being passed in the Parliament. The SEBI Act, 1992
has come into force with effect from 30th January, 1992.
• SEBI is an authority to regulate and develop the Indian capital market and protect the interest of investors in the
capital market. Controller of Capital Issues has been repealed by the SEBI, an authority under Capital Issue
(Control) Act, 1947.
• SEBI has its headquarters at the business district of Bandra Kurla Complex in Mumbai, and has Northern,
Eastern, Southern and Western Regional Offices in New Delhi, Kolkata, Chennai and Ahmedabad, respectively.
• Controller of Capital Issues (CCI) was the regulatory authority before SEBI came into existence; it derived
authority from the Capital Issues (Control) Act, 1947. In April 1988, the SEBI was constituted as the regulator of
capital markets in India under a resolution of the Government of India.
INTRODUCTION
• A Chairman, who shall be appointed by Central Government and he shall be a person of ability, integrity and
standing in the field of securities market, law, finance, accountancy, economics, administration, etc.
• Two members from amongst the officials of the Ministry of the Central Government dealing with Finance and
administration of the Companies Act, 2013, who shall be nominated by the Central Government.
• One member from amongst the official of RBI, who shall be nominated by RBI.
• Five other members out of which atleast three members shall be whole-time members, who shall be
appointed by Central Government and they shall be persons of ability, integrity and standing in the field of
securities market, law, finance, accountancy, economics, administration, etc.
F U N C T I O N S AN D R E S P O N S I B I L I T I E S O F S E B I
• The Preamble of the Securities and Exchange Board of India describes the basic functions of the Securities
and Exchange Board of India as “...to protect the interests of investors in securities and to promote
the development of, and to regulate the securities market and for matters connected there with or
incidental there to”.
SEBI has to be responsive to the needs of three groups, which constitute the market:
• the investors
SEBI has three functions rolled into one body which are as follows:
• Quasi-executive: SEBI conducts investigation and enforcement action in its executive function.
• Though this makes it very powerful, there is an appeal process to create accountability. There is a Securities
Appellate Tribunal which is a three-member tribunal and is headed by Mr. Justice J P Devadhar, a former
judge of the Bombay High Court. A second appeal lies directly to the Supreme Court. SEBI has taken a very
proactive role in streamlining disclosure requirements to international standards.
POWERS OF SEBI
For the discharge of its functions efficiently, SEBI has been vested with the following powers:
3. To inspect the books of accounts and call for periodical returns from recognized stock exchanges.
5. To compel certain companies to list their shares in one or more stock exchanges.
S E B I ’ S R O L E I N B U S I N E S S FAC I L I TAT I O N
• SEBI is responsible for the development of India’s capital market i.e. market for the corporate issues of
capital.
• Thus, these companies are able to access the capital market for their funding requirements. It also oversees
the subsequent trading of their shares on the floor of the stock exchanges.
• It even facilitates overseas entities desirous of participating in Indian capital markets and the domestic
capital market entities desirous of participation in overseas markets.
• It coordinates with the market developers and regulators aborad. It is responsible for investors’ faith in the
functioning of the capital markets and thus assures the corporates of steady flow of funds.
COMPETITION COMMISSION OF INDIA (CCI)
THE COMPETITION COMMISSION OF INDIA (CCI)
• The Competition Commission of India (CCI), was established by the Central Government on 14th October
2003.
• The Commission is a body corporate having perpetual succession and common seal.
• CCI consists of a Chairperson and Six Members appointed by the Central Government.
• It is the duty of the Commission to eliminate practices having adverse effect on competition, promote and
sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of India.
• The Commission is also required to give opinion on competition issues on a reference received from a
statutory authority established under any law and to undertake competition advocacy, create public
awareness and impart training on competition issues.
THE COMPETITION COMMISSION OF INDIA (CCI)
The Competition commission has been establishment for the accomplishment of the following objectives:
• To prevent practices having adverse effect on competition.
• To promote and sustain competition in markets.
• To protect the interests of consumers and,
• To Ensure freedom of trade carried on by other participants in markets, in India
INTRODUCTION
• Basically, Competition law is a tool to implement and enforce competition policy and to prevent and punish
anticompetitive business practices by firms and unnecessary Government interference in the market.
• The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy
of modern competition laws. 0
• The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates
combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable
adverse effect on competition within India.
F E AT U R E S O F T H E C O M P E T I T I O N AC T, 2 0 0 2
1. The competition Act, 2002 has been enacted to prevent practices having an appreciable adverse effect on
competition.
2. To promote and sustain competition in the market and to protect the interests of consumers
4. With the enforcement of the Competition Act, 2002 the MRTP Act, 1969 shall stand repealed and the MRTP
Commission shall be dissolved.
5. The Competition Act, 2002 provides for the establishment of Competition Commission of India (CCI) and
prescribes its duties, functions, and powers
ROLE OF CCI
• The preamble to the competition act states “An Act to provide, keeping in view of the economic development
of the country, for the establishment of a Commission to prevent practices having adverse effect on
competition, to promote and sustain competition in markets, to protect the interests of consumers and to
ensure freedom of trade carried on by other participants in markets, in India, and for matters connected
therewith or incidental thereto”.
• To achieve its objectives, the Competition Commission of India endeavours to do the following:
1. Make the markets work for the benefit and welfare of consumers.
2. Ensure fair and healthy competition in economic activities in the country for faster and inclusive growth and
development of economy.
3. Implement competition policies with an aim to effectuate the most efficient utilisation of economic
resources.
4. Develop and nurture effective relations and interactions with sectoral regulators to ensure smooth
alignment of sectoral regulatory laws in tandem with the competition law.
5. Effectively carry out competition advocacy and spread the information on benefits of competition among all
stakeholders to establish and nurture competition culture in Indian economy.
R O L E O F C C I AS A B U S I N E S S FAC I L I TATO R
• Fair competition is key to a thriving business sector. CCI protects businesses from other businesses’ unfair
practices and penalizes the erring entities too. It promotes competition by preventing abuse of dominance by
a market player to the deterrent of other competitors and the consumers. As such it ensures the co-
existence of large and small enterprises.
INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITY OF INDIA
(IRDAI)
INTRODUCTION
• Insurance Regulatory and Development Authority of India (IRDAI) is an autonomous apex statutory body which
regulates and develops the insurance industry in India. It was constituted under Insurance Regulatory and
Development Authority Act, 1999 and duly passed by the Parliament.
• The IRDA Act, 1999 allows private players to enter the insurance sector in India besides a maximum foreign equity
of 26 per cent in a private insurance company having operations in India.
• The Insurance Bill (Proposed by UPA government in July, 2013) but passed in July, 2014, raised the FDI limit in
insurance sector to 49%.
• It serves as an Authority to protect the interests of holders of insurance policies, to regulate, promote and ensure
orderly growth of the insurance industry and for matters connected therewith.
• IRDAI role is to protect rights of policy holders and they provide registration certification to life insurance
companies and responsible for renewal, modification, cancellation and suspension of this registered certificate.
M I S S I O N S TAT E M E N T O F T H E AU T H O R I T Y
Section 14 of IRDAI Act, 1999 lays down the duties, powers and functions of IRDAI.
Subject to the provisions of this Act and any other law for the time being in force, the Authority shall have the
duty to regulate, promote and ensure orderly growth of the insurance business and re-insurance
business. The powers and functions of the Authority shall include:
• Issue to the applicant a certificate of registration, renew, modify, withdraw, suspend or cancel such
registration;
• Protection of the interests of the policy holders in matters concerning assigning of policy, nomination by
policyholders, insurable interest, settlement of insurance claim, surrender value of policy and other terms
and conditions of contracts of insurance;
• Specifying requisite qualifications, code of conduct and practical training for intermediary or insurance
intermediaries and agents
D U T I E S , P O W E R S AN D F U N C T I O N S O F I R D AI
• Promoting and regulating professional organisations connected with the insurance and re-insurance
business;
• Levying fees and other charges for carrying out the purposes of this Act;
• Calling for information from, undertaking inspection of, conducting enquiries and investigations including
audit of the insurers, intermediaries, insurance intermediaries and other organisations connected with the
insurance business;
• Control and regulation of the rates, advantages, terms and conditions that may be offered by insurers in
respect of general insurance business.
D U T I E S , P O W E R S AN D F U N C T I O N S O F I R D AI
• Specifying the form and manner in which books of account shall be maintained and statement of accounts
shall be rendered by insurers and other insurance intermediaries;
• Specifying the percentage of premium income of the insurer to finance schemes for promoting and
regulating professional organizations referred to in clause (f);
• Specifying the percentage of life insurance business and general insurance business to be undertaken by
the insurer in the rural or social sector; and exercising such other powers as may be prescribed.
R O L E O F I R D AI AS B U S I N E S S FAC I L I TAT O R
• Firstly, it takes steps to regulate and develop the insurance industry in the country.
• Secondly, it serves as an authority to protect the interest of the insurance policy holders in create confidence
among them.
• Thirdly, IRDAI disseminates a lot of information for the benefit of policy holders and also for educating the
general public about the advantages of getting insurance policies and keeping then alive.
FUNDING INSTITUTIONS
(INDIAN DEVELOPMENT BANKS)
FUNDING INSTITUTIONS
( I N D I AN D E V E L O P M E N T B AN K S )
• Business’s financial needs may be broadly understood from the need for finance for the day-to-day
operations (Working Capital) and the need for finance for undertaking capital expenditure (CAPEX).
• Working capital needs are met by trade credit and credit from commercial banks. Financing of CAPEX may
be done by recourse to capital market for the special purpose financial institutions created in this regard.
• In the first four decades since independence when the Indian capital market was rather underdeveloped the
fuelling of industrial development was entrusted to a battery of special purpose financial institutions created
toward this purpose.
• In India, the genesis of development banking may be traced to the setting up of the Industrial Finance
Corporation of India (IFCI) in 1948.
• The setting up of the Industrial Credit and Investment Corporation of India (ICICI) took place in 1955 and the
Industries Development Bank of India (IDBI) in 1964.
• The latter two development banks have since converted into commercial banks. And the IFCI is now a Non-
Banking Finance Company in Non Deposit Seeking Institution category (NBFC-NDSI).
• These institutions need to be restructured in view of the fact that the Indian capital market developed fairly
well and assumed capabilities to finance the large industrial projects.
• Financing agricultural and rural development however continued to pose developmental challenges.
• This explains the emergence of the National Bank for Agriculture and Rural Development (NABARD).
NATIONAL BANK FOR AGRICULTURE AND
RURAL DEVELOPMENT
(NABARD)
N AT I O N AL B AN K F O R AG R I C U LT U R E AN D R U R AL D E V E L O P M E N T
( N AB AR D )
• (NABARD) is an apex development bank in India, headquartered at Mumbai with branches all over India.
• The Bank has been entrusted with “matters concerning policy, planning and operations in the field of credit
for agriculture and other economic activities in rural areas in India”.
• NABARD is active in developing financial inclusion policy and is a member of the Alliance for Financial
inclusion.
• NABARD has been instrumental in grounding rural, social innovations and social enterprises in the rural
hinterlands.
• It has in the process partnered with about 4000 organisations in grounding many of the interventions.
• The organisation had developed a huge amount of trust capital in its 3 decades of work with rural
communities.
N AT I O N AL B AN K F O R AG R I C U LT U R E AN D R U R AL D E V E L O P M E N T
( N AB AR D )
• NABARD is the most important institution in the country which looks after the development of the cottage
industry, small industry and village industry, and other rural industries.
• NABARD, besides agricultural also reaches out to allied activities such as poultry farming, animal husbandry
etc. and supports and promotes integrated rural development.
➢ Serves as an apex financing agency for the institutions providing investment and production credit for
promoting the various developmental activities in rural areas.
➢ Takes measures towards institution building for improving absorptive capacity of the credit delivery
system, including monitoring, formulation of rehabilitation schemes, restructuring of credit institutions,
training of personnel, etc.
N AT I O N AL B AN K F O R AG R I C U LT U R E AN D R U R AL D E V E L O P M E N T
( N AB AR D )
➢ Co-ordinates the rural financing activities of all institutions engaged in developmental work at the field
level and maintains liaison with Government of India, state governments, Reserve Bank of India (RBI) and
other national level institutions concerned with policy formulation
➢ NABARD refinances the financial institutions which finances the rural sector.
➢ It regulates the institutions which provide financial help to the rural economy.
➢ It provides training facilities to the institutions working in the field of rural upliftment.
➢ It regulates the cooperative banks and the RRB’s, and manages talent acquisition through IBPS CWE.
N AT I O N AL B AN K F O R AG R I C U LT U R E AN D R U R AL D E V E L O P M E N T
( N AB AR D )
• NABARD’s refinance is available to state co-operative agriculture and rural development banks (SCARDBs), state co-
operative banks (SCBs), regional rural banks (RRBs), commercial banks (CBs) and other financial institutions approved
by RBI.
• While the ultimate beneficiaries of investment credit can be individuals, partnership concerns, companies, State-owned
corporations or co-operative societies, production credit is generally given to individuals.
• NABARD is also known for its ‘SHG Bank Linkage Programme’ which encourages India’s banks to lend to self help
groups (SHGs).
• Largely because SHGs are composed mainly of poor women, this has evolved into an important Indian tool for
microfinance.
• NABARD also has a portfolio of Natural Resource Management Programmes involving diverse fields like Watershed
Development, Tribal Development and Farm Innovation through dedicated funds set up for the purpose.
N AT I O N AL B AN K F O R AG R I C U LT U R E AN D R U R AL D E V E L O P M E N T
( N AB AR D )
THAT’S IT. 4 TH STEP IS COMPLETED.