Bankrupt entities may soon be barred from contesting elections

May 4, 2016

New Delhi, May 4: A bankrupt person would stand automatically disqualified from becoming a law-maker once the new legislation that looks to slash the time it takes to wind up a dying company or recover dues from a defaulter is enacted.

electionAccording to a clause in the Insolvency and Bankruptcy Code, 2015, the bankrupt would stand disqualified from being appointed or acting as a public servant or being elected to any public office from the date of commencement of proceedings.

The draft legislation provides for disqualification unless exempted by the Adjudicating Authority. But a 30-member Joint Committee of Parliament, headed by BJP's Bhupender Yadav, has recommended not giving "discretion to the Adjudicating Authority to exempt the bankrupt from disqualifications".

Finance Ministry officials said the government has accepted all the changes suggested by the Joint Committee, including on disqualification of the bankrupt.

The Code defines a bankrupt as "a debtor who has been adjudged as bankrupt by a bankruptcy order under section 126; or each of the partners of a firm where a bankruptcy order under section 126 has been made against a firm."

Once declared bankrupt, the person would stand automatically disqualified from being appointed to or acting as a trustee or representative of any trust, estate or settlement. He would also be disqualified from being elected or acting and voting as a member of any local authority.

The bankrupt cannot also serve as a director of any company. Under the existing provisions, individuals can go to jail for failing to repay just Rs 500. And to claim insolvency protection, companies need to wait until at least half of their value is wiped out.

The Code is expected to be taken up for consideration and passage in the ongoing session of Parliament, which ends on May 13.

The committee, which submitted report to Parliament on April 28, has suggested reduction in time window offered under different clauses to expedite the process.

The panel said that in the case of insolvency, interest of workers should be fully protected and they should be given dues for 24 months as against 12 months proposed in the Bill.

It also suggested that the time for filing an appeal in the Supreme Court against the order of the National Company Law Tribunal (NCLT) should be brought down to 45 days from the proposed 60 days. It also called for a shorter timeline reduced in a host of other clauses proposed in the Bill, which was tabled in the Lok Sabha in December last year.

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News Network
January 20,2020

New Delhi, Jan 20: Union Finance Minister Nirmala Sitharaman on Sunday said the kind of cleaning in the system that the BJP-led government had to carry out after coming to power in 2014 was "unbelievable" and it undertook the exercise without any grudge or worry.

Between 2014-16, there were a lot of questions as to why reforms did not come fast and there were comments that the government was incapable of bringing them, she said delivering the Nani Palkhivala Memorial lecture on "Road Map to $5 Trillion Economy" here.

Pointing out that there were allegations and criticism that the government wants to do something but it did not, Sitharaman said, "I am fully willing to buy that." She recalled that Prime Minister Narendra Modi often said he did not believe in incremental changes and the country needed good transformational change. The stage in which India is today, it cannot have little marginal increments, but good transformational change.

"But still one might say in the last five years the government never did. That can be a critical analysis and I am fully willing to buy that. Because post-2014 the kind of cleaning up the government had to do was unbelievable and we undertook that exercise without a grudge without a worry.. we had to do it and it is part of the game," she said. Elaborating, Sitharaman said states have their own views on Land Acquisition Bill and the government could not have done anything because land, after all, is with them.

Commenting on the topic 'Road Map to $5 trillion economy,' she said quoting Prime Minister Narendra Modi's comments, the government would take the route "Sarkar ka abhaav nahi hona chahiye, prabhaav hona chahiye aur dabaav nahi hona chahiye."

"Abhaav and dabaav both of which are not desirable, abhaav is the inadequacy or lack of adequate presence or shortfall. You do not need a shortfall. You need a government where it should be present, where it is expected to function.", she said.

"So there should not be abhaav. Dabaav (meaning pressure) is not something you want from the government. So, you want Prabhaav. It is broadly an influence, facilitation, broadly the philosophy with which it is mandated, she said.

Noting that the government has got the mandate through the election, she said, "The mandate was spelt out in so many different ways in its manifesto. So the route towards $5 trillion is this."

"We have to be there to facilitate. We have to be there to make it easy. We have to be where you need us, where there is no policy (reforms from the government)," she said.

On the Insolvency and Bankruptcy Code (IBC) implemented by the government, the union minister said the approach of the IBC was not to shut business. "IBC takes on the approach in having some kind of resolution where all people who exploited the company do not come back through the "back door," she said.

IBC was done through better management so that the institution is alive and kicking. It is something which she wanted to carry forward from Modi 1.0 to 2.0. "The point I am trying to make on this road to $5 trillion economy is that it is not just an abstraction, this is not how I want India to be. But in micro-level too, we are coming in response to every stakeholder," she said.

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Well Wisher
 - 
Tuesday, 21 Jan 2020

LOL. Do not say anything, else she will get angry.

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News Network
February 4,2020

New Delhi, Feb 4: Leader of Congress in Lok Sabha, Adhir Ranjan Chowdhury, on Tuesday attacked the BJP over Anantkumar Hegde's controversial remark on Mahatma Gandhi and termed the party as "Ravan ke aulad" (children of Ravana). "Aaj ye Mahatma Gandhi ko gaali dete hain. Ye Ravan ke aulad hain. Ram ke pujari ka ye apmaan kar rahe hain (Today, they abuse Mahatma Gandhi. They are children of Ravan. They are insulting Lord Ram's devotee)," Chowdhury said.

Later, BJP lawmakers object to Chowdhury's statement. Hegde, who is a Lok Sabha MP from Uttara Kannada, had on Saturday said that the freedom struggle led by Mahatma Gandhi was a "drama".

"None of these so-called leaders were beaten up by the cops even once. Their independence movement was one big drama. It was staged by these leaders with the approval of the British. It was not a genuine fight. It was an adjustment freedom struggle," Hegde had said while addressing a public event in Bengaluru. While several Congress leaders, including Karti Chidambaram and BK Hariprasad, have condemned Hegde's remark, BJP leaders too have distanced themselves from it.

Top leadership in BJP is unhappy with Anantkumar Hegde over his controversial remark on Mahatma Gandhi, party sources had said on Monday, adding that he has been asked to issue an unconditional apology.

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News Network
June 6,2020

New Delhi, Jun 6: With 9,887 new positive cases reported in the last 24 hours, India's COVID-19 count touched 2,36,657 on Saturday surpassing Italy's latest tally of over 2.34 lakh, taking India to the sixth spot among countries with the highest caseloads of the virus.

The Union Ministry of Health and Family Welfare (MoHFW) said that India registered a spike of 9887 new cases and 294 deaths in the past 24 hours taking the tally to 1,15,942 active cases and 6642 deaths.

Today's count was the highest single-day spike in the country, which has now overtaken Italy, according to the tally posted by the Johns Hopkins University which posted that globally the coronavirus had infected over 66.64 lakh people and claimed over 3.91 lakh lives so far.

In india, the MoHFW informed that 1,14,073 persons have been cured/discharged/migrated so far.

Maharashtra remains the worst-hit State as the total number of COVID-19 positive cases reached 80,229. While the total number of active cases in the state stands at 42,224.

In Tamil Nadu, 28,694 cases have been detected so far while Delhi has reported 26,334 coronavirus cases.

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