Lok Sabha passes bankruptcy bill

May 6, 2016

New Delhi, May 6: The Lok Sabha on Thursday passed the new bankruptcy bill that proposes speedy closure of sick companies, fast action against defaulters and recovery of debt by banks.

LokSabhaThe Insolvency and Bankruptcy Code, 2015, the first major economic reform legislation this session, was passed with the support of Opposition Congress and other parties. This comes in the wake of a whopping Rs 9,000 crore loan default by liquor baron Vijay Mallya.

Replying to a debate on the bill, Minister of State for Finance Jayant Sinha said the government was also intending to enter into cross-border treaties with other countries to confiscate foreign assets of wilful defaulters.

Once the legislation is passed by both Houses of Parliament, the government will be able to repeal 21 different laws dealing with bankruptcy and insolvency which made the process lengthy and ineffective.

“This legislation is a transformational building block for the economy and it will make the entire process more transparent,” Sinha said. He said it will also help India move up the ladder in the World Bank’s ease of doing business ranking.

According to World Bank, winding up an ailing company takes four years in India and the average recovery is only one-fourth of a dollar.

At a time when banks are toiling with a huge non-performing assets, the passage of bankruptcy code will strengthen their hands, according to legal experts.

There are 7,686 wilful defaulters in India owing Rs 66,190 crore to public sector banks (PSBs), according to the information given by the government in Parliament. The total outstanding amount in top 100 non-performing accounts with PSBs is Rs 1.73 lakh crore as on December 2015.

At a time when banks are toiling with a huge non-performing assets, the passage of bankruptcy code will strengthen their hands, according to legal experts.

There are 7,686 wilful defaulters in India owing Rs 66,190 crore to public sector banks (PSBs), according to the information given by the government in Parliament. The total outstanding amount in top 100 non-performing accounts with PSBs is Rs 1.73 lakh crore as on December 2015.

To protect employees’ interest, the bill proposes that the money due to employees from provident fund, pension and gratuity funds should be safeguarded while declaring a firm insolvent and liquidating its assets.

The bill also proposes for disqualification of anyone declared bankrupt from holding public office and contesting elections. A debtor could be jailed for up to 5 years for concealing property or defrauding creditors under the new law.

At present, bankruptcy proceedings are governed by various laws such as Companies Act, SARFAESI Act and Sick Industrial Companies Act. The entire process of winding up is very long-winded, with courts, debt recovery tribunals and the Board for Industrial and Financial Reconstruction all having a say in the process.

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News Network
April 2,2020

Thiruvananthapuram, Apr 2: With the coronavirus lockdown in place, liquor would be delivered home by state-run retail outlets in Kerala after the left government has decided to issue special passes to tipplers, who exhibit withdrawal symptoms and have doctors prescription.

Protesting the government decision, the Kerala Government Medical Officers Association (KGMOA) wore black badges on Wednesday, but attended duty and seeking immediate withdrawal of the order, saying it was "anti-people".

As per guidelines issued by the Kerala State Beverages Corporation managing director G Sparjan Kumar, for the supply of liquor, a service charge of Rs 100 would be collected from each pass holder for meeting the delivery expenses.

Each person would be entitled to 3 litres of Indian Made Foreign Liquor (IMFL) and sale of wine and beer was not envisaged, the order stated.

Those not willing to undertake the home delivery, the name and details of the employee should be reported to the Head office for submission to the government, it said.

A civil police officer will have to accompany the distribution vehicle.

The sale of liquor should be only to the pass holders, limiting it to the quantity mentioned in the pass.

Any excess sale to pass holders or sales to non-pass holders is strictly prohibited, the order said.

In the order issued on Monday, the government said, following the lockdown and the closure of liquor outlets in the state, there were many instances of social issues, including suicidal tendencies shown by those who consumed liquor regularly and the state government has decided to initiate steps to resolve the matter.

Speaking to reporters, chief minister Pinarayi Vijayan said his government has not forced anyone to prescribe liquor to addicts.

He was responding to a query on the indifference of doctors towards the matter of prescribing liquor to addicts.

"If the doctors are not ready to prescribe liquor, it's fine. We are not forcing anyone to do so. We were just following the protocol which are prevalent at many places. It's been over a week. The family and friends of the addicts can gently persuade them to approach the de-addiction centres," he said.

Sparjan Kumar said the order on home delivery was just a modality, as part of the earlier order issued by the government to provide liquor under prescription.

"We have worked out a modality. We have a meeting tomorrow. Some new order has been issued by the Centre today. The meeting will discuss the implementation of the orders," Kumar told.

A person showing withdrawal symptoms has to get a doctor's prescription on his condition so that he could be provided liquor in a "controlled manner", the order added.

The Indian Medical Association (IMA) has also come out against the government's move.

Meanwhile, Vimukthi, an anti-narcotics campaign launched by the state government, has till now admitted 64 patients since March 24.

"Since March 24, the day lockdown started, we have 64 patients admitted due to withdrawal symptoms. We have also registered at least 200 out patients at various de-addiction centres across Kerala," K Mohammed Resheed, Joint Excise Commissioner in charge of awareness told.

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Agencies
July 30,2020

Kochi, Jul 30: The Kerala High Court on Thursday refused to grant the extension for the stay of a 74-year-old US citizen, Johnny Paul Pierce, who had earlier said that he felt safer to remain in India than in the United States amid the COVID-19 pandemic.

The single-judge bench of Justice CS Dias, which considered the writ petition, observed that the grant or extension of visa to foreign nationals fall exclusively within the domain of the Government of India (GoI) and that judicial review in such matters is minimal.

The power of the GoI to expel foreigners is absolute and unlimited, the bench said.

"In view of the categoric declaration of law by the Supreme Court, the plea of the petitioner to permit him to stay back in India cannot be accepted, as it falls within the purview of the guidelines and the discretion of the Government of India," the order said.

"The petitioner cannot be heard that the guidelines/policies/regulations formulated by the Government of India, that an American national though has been granted a visa having validity of five years has to leave India within 180 days, is irrational or unreasonable," it added.

The High Court, which was hearing a plea to permit the US citizen to stay in India for a further period of six months, said that the petitioner does not have a case that there is an infraction of Article 21 of the Constitution of India.

"The petitioner was well aware of the visa conditions when he arrived in India, and it is too late in the day for him to raise a grievance on the visa conditions," the bench said noting that the petitioner's love for India was heartening.

The High Court also directed the Foreigners Registration Officer to consider the petitioner's representation within a period of two weeks in accordance with the applicable guidelines and policies.

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News Network
May 9,2020

Thrissur, May 9: Five people were arrested for allegedly conducting congregational prayers at a mosque here in violationofthe COVID-19 lockdown norms.

A case was registered against five people for conducting evening prayers on Friday, police said.

We received information that prayers were being conducted in the mosque, they said adding they were held at Eriyad Masjidul Bilal mosque here.

On Friday, four people, including the president of a local temple trust, were arrested for allegedly conducting a religious recitation in a temple here in violation of lockdown restrictions.

Though lockdown conditions have been eased in accordance with the Centre's guidelines, public gatherings, including functions, weddings, political events and religious gatherings were not allowed.

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