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Commission Inquiry on Walmart

Jan 24th, 2013
The Union cabinet led by the Prime Minister today approved the one man commission inquiry on Walmart lobbying in India. The inquiry Commission would be set up under the Commission of Inquiry Act, 1951 and would submit its report within three months of its constitution. As per this act it would be obligatory for the Govt. to table the inquiry report and action taken report in the Parliament.
The terms of reference of the Committee are as follows:-(i) To inquire into recent media reports on disclosures of Wal-Mart before the US Senate regarding their lobbying activities and details.(ii) Whether Wal-mart undertook any activities in India in contravention of any Indian law.

(iii) Any other matter relevant or incidental to the above.

Retail FDI: How will you protect small traders, Supreme Court asks Goverment

The Supreme Court today said that interest of small retail traders should not be affected due to foreign direct investment (FDI) in retail sector and sought response from the Centre on how it intends to safeguard their interests.
A bench headed by Justice R M Lodha asked the Centre to file its response within three weeks.
“What checks are there to ensure that free trade is not affected, particularly the interest of small traders,” the bench said while hearing a public interest litigation (PIL). “Apprehension is there in the mind of people that small traders’ interest would be affected,” the bench said, adding, “Some regulatory measures should be there.”

Id Cards for Hawkers

January 21st, 2013
East Delhi Municipal Corporation today inaugurated the Identity card distribution to hawkers of Weekly markets. Mr. Sunil Jha, Chairman, Licensing and Tehbazaari Committee, EDMC distributed the Id cards to hawkers (photo attached) at the program organized at EDMC headquarters. The Hon’ble Mayor, Standing Committee Chairman, Leader of the House, Leader of the opposition and many of the Councillors were also present on the occasion.
Later, we held a meeting of hawkers in the EDMC park.
Hawkers Meeting at EDMC 21.1.13 (1) Hawkres I Card 21.1.13 (1)

National Convention Against FDI in Retail to be Held

January 15th, 2013

A National Convention against FDI in Retail is being organized on 16th January at NDMC ConventionCentre, Parliament Street, New Delhi. Senior leaders of various political parties are expected to join theconvention including the leader of the opposition Smt. Sushma Swaraj, NDA Convener Sh. SharadYadav, CPI Secretary Comrade A B Bardhan and the senior BJP leader Sh. Murli Manohar Joshi.

President and General Secretaries of small retailers’ federations from across the country will be participating inthe convention. Along with traders and hawkers leaders of Delhi leaders from Punjab, Haryana, Himachal Pradesh,Maharashtra, Tamil Nadu, Andhra Pradesh, Madhya Pradesh, Uttar Pradesh, Kerala, Rajasthan etc. are joining the convention.

Is India Ready for Global Retailers?

December 7th, 2012

Discussion on Al Jazeera

Retail FDI: India plans to amend its antiquated labour laws

December 6th, 2012

http://economictimes.indiatimes.com/news/economy/policy/retail-fdi-india-plans-to-amend-its-antiquated-labour-laws/articleshow/17513203.cms

NEW DELHI: The government plans to revolutionise the retail sector to make India a global shopping hub, with new labour laws to support 24-hour business, limiting reckless multiplication of malls to prevent urban chaos, and strong measures to ensure small shopkeepers also thrive in the transformation.

The consumer affairs ministry also wants to allow farmers to directly sell their produce to retailers, and adopt a uniform countrywide licensing regime to accelerate retail growth. The issue of modernising retail to ensure that benefits reach every section of society was debated in the cabinet when it approved FDI in multi-brand retail.

To facilitate such far-reaching changes, the government plans to set up a committee of central ministers of agriculture, commerce, corporate affairs, environment, finance, food, labour, railways, urban development and infrastructure ministries, official sources said.

Another panel of secretaries, representatives from IIMs, industry bodies, consumer activists and trader associations will also study the retailing sector. The move is expected to bring on board small traders and shopkeepers, who are apprehensive about loss of business if large international companies set up shop in India.

Traders welcomed the move. “This is a fantastic method to take things forward… It will smoothen out trade at pan-India level,” said Kumar Rajagopalan, head of Retailers Association of India, which has 400 modern retailers as members.

The government panel will discuss ways to modernise labour laws and amend them to be more supportive of retail requirements pushing for 24x7x365 work environment. It will also look at means to reduce multiple licensing requirements and offer a single-window facility for retail operations throughout the country.

Safeguards for Small Stores

“It will also consider establishing a national commission to study the problems of retail sector,” said a consumer affairs ministry official.

Madan Sabnavis, chief economist at CARE Ratings, said the government has safeguarded interests of small kirana shopowners and manufacturers in its notification on FDI in retail by ensuring 30% outsourcing from local small and medium industries. “Walmart, if it comes, can’t open 30-40 stores at one location even in cities like Delhi and Mumbai.

It gives enough space for small stores to operate, which can thrive on their doorstep services. The government should modernise APMC Act to create direct linkage of farmers with retailers,” he said.

However, Dharmendra Kumar, director, India FDI Watch, an NGO that has opposed the entry of foreign retailers, said the government should have sufficient regulatory framework to control the rampage of foreign retailers entering the Indian space. “There is no cap on the number of stores a big retailer can open in a city. Nor there is any specification on size of the store. In absence of such regulations, these supermarts can open in any location interfering with the operations of small stores,” he said.

The panel, however, is looking at putting some safeguards in place to help small stores. “It will work out a legal and regulatory mechanism to ensure that large retailers don’t displace small ones and even misuse their higher buying power to create a one-sided price war besides setting up in-built policy to relocate or reemploy people who are affected due to opening up of big malls in the vicinity of their shops,” another official of consumer affairs ministry said. The committee will also consider recommendations of the parliamentary standing committee on retail sector, and suggestions of the study on organised retail by the Indian Council for Research on International Economic Relations (ICRIER).

ICRIER had endorsed the entry of branded chains in retail sector, saying the sector is likely to grow at 13% till 2011-12 with organised retail growing at 45-50% in this period and unorganised retail at about 10%.

A recent study by ICRIER on facilitating trade has argued that pan-India supply chains cannot be established unless GST is implemented. Arpita Mukherjee, professor, ICRIER, said retailers face multiple regulations that vary across states and this creates hurdles for smooth functioning.

“For example, the central government can have a model Shops and Establishment Act that states can implement. This Act should have provisions for modern retail to operate such as possibilities to employ on a rotational basis and flexibilities in shop opening timings. If these reforms are implemented within two years, it will lead to investment in backend and help to reduce wastage,” she said.

Vote on FDI Retail?

November 14th, 2012

The winter session of Parliament would begin on 22nd November and is likely to end on 20th December. It is unlikely to have business as usual unless the issue of FDI in Retail is discussed in Parliament. CPM has already moved for an adjournment motion under rule 184 forcing for a vote (if the notice is allowed by the speaker) on the Govt. decision to allow FDI in Retail. Mamata Banerjee’s TMC which has already walked out of Govt. on the issue too is sure of moving a no trust motion. Govt. ally DMK is also against the centre decision. Feeling the heat, Prime Minister, heavily depending on outside support of BSP and SP is having lunch and dinner with their supremos.

In the meantime, stakeholders would keep the pressure on by street actions. Hawkers would hold a mass rally in Kolkata on 24th November whereas small retailers would organize protest outside parliament on 26th November.

Farmers’ Demands on FDI

November 5th, 2012
Please find attached the monthly magazine of farmers union with many article on FDI Retail including editorial and my contribution (page 30-31).
The winter session of parliament would begin on 22nd Nov. We all are still in the war field. There could once again be a all out political solidarity in the Parliament to push the Govt. on back foot.
Congress organized a huge rally yesterday in Delhi in favour of FDI Retail where the PM, Sonia Gandhi and Rahul Gandhi all spoke in favour of FDI Retail. BJP organized street protests throughout Delhi against FDI Retail terming the rally day as black day. We all also organized a protest joined by senior politicians.

More Inquiries into Walmart Practices in India

October 18th, 2012

Inquiries in Wal-mart Activities in India

RBI must amend FEMA rules on FDI in retail: Supreme Court

http://news.oneindia.in/2012/10/15/rbi-must-amend-fema-regulations-on-fdi-in-retail-sc-1084435.html

New Delhi, Oct 15: The Foreign ExchangeManagement Act regulations should have been amended by the Reserve Bank of India before the Centre cleared 51 per cent FDI in multi-brand retail, the Supreme Court said today.
The apex court made this observation while hearing a Public Interest Litigation that was filed by Advocate ML Sharma. He argued that retail trading is barred under the existing FEMA regulations.
Attorney General GE Vahanvati admitted that the government had erred since the RBI had not effected any change in the regulations after 2008.
The Supreme Court bench of Justice RM Lodha and Justice AR Dave then said that “it is an irregularity that is curable and as soon as amendment is brought, it would be cured.”
Stating that this irregularity is not enough to warrant a stay on the policy, the court emphasised that RBI must amend the rules without delay.
“This is a must before the policy is given a legalshape,” the judges said. They demanded to know when the RBI will take the necessary steps. Vahanvati assured that he will ask the RBI governor to immediately amend the FEMA regulations.
The court, however, rejected the petitioner’s other contention that prior approval from the President or Parliament was needed for the Centre’s notification on FDI in retail.
“This assumption that the policy has to be in the name of the President is flawed and unfounded. The Constitution does not provide that the policy should be in the name of the President,” the judges said.
Pointing out that Parliament does not look into policies, the court said that a policy can be deemed as incorrect only if the relevant notification is ultra vires of the law.
The court has given the government time till the next hearing on Nov 5 to amend the FEMA regulations. It is to be noted that the Trinamool Congress walked out of the ruling coalition just days after the UPA allowed 51 per cent FDI in retail. The exit of the Mamata Banerjee-led party meant that the government was reduced to a minority.

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