This document discusses public-private partnerships (PPPs) in India and the government audit of private companies involved in PPPs. It provides an overview of PPP models and frameworks in India, key lessons from India's experience with PPPs, and challenges related to PPPs. It also examines the status of government audits in India, the Supreme Court judgment allowing the audit of private telecom companies, and the impact of this ruling in strengthening oversight of companies doing business with the government while potentially adding difficulties for businesses.
ICAI-WIRC - FEMA Conference - New Consolidated FDI Policy - 19.08.2011P P Shah & Associates
This document provides an overview and analysis of India's new consolidated foreign direct investment (FDI) policy that took effect on April 1, 2011. It defines key terms related to FDI, describes the legal framework for foreign investment in India, and outlines the automatic route for investment and sectors requiring government approval. The presentation also examines recent changes to sectoral caps, modes of share issuance, documentation requirements, and frameworks for portfolio investment.
Includes expectations from the Union Budget of 2016 in 3 sectors - Infrastructure, Startup Funding and Ease of Doing Business. It includes an analysis of policies in the Budget of 2015 and a log of measures the Government could take up
The SEBI Board met and approved several important decisions:
(i) Amendments to corporate governance norms for listed companies to align with new Companies Act and strengthen governance, effective October 1, 2014.
(ii) A long-term policy for mutual funds in India including tax incentives and proposals to increase reach, transparency and inclusion.
(iii) Amendments to KYC regulations removing the option for fresh KYC if already done, further facilitating the process.
The document outlines the eligibility criteria for startups under India's Startup Action Plan. To be recognized as a startup, an entity must:
1) Be a private limited company, registered partnership, or LLP registered in India in the last 5 years with annual turnover less than 25 crores.
2) Be working on innovation, development, or commercialization of new products/processes/services using technology or intellectual property.
3) Meet one of several criteria including a recommendation from an incubator funded by the government or private sector or having been granted a patent.
This document provides a summary of reforms and initiatives by the Indian government to support the startup ecosystem in India. It discusses the key points of the Startup Action Plan launched in January 2016, including self-certification for compliance, a startup hub, mobile apps for registration and filing, funding support, tax exemptions, and defining "startup". The plan aims to simplify regulations and provide various benefits to help startups grow. The document also analyzes the definition of startup notified by DIPP and some areas needing clarification, such as applicability and certification requirements. Overall the reforms seek to boost entrepreneurship and make it easier to start and run a business in India.
Startup India is a flagship initiative of the Government of India, intended to build a strong ecosystem that is conducive for the growth of startup businesses, drive sustainable economic growth, and generate large-scale employment opportunities. The Government through this initiative aims to empower Startups to grow through innovation and design.
For Details
Visit Blog: www.canitinmpathak.blogspot.com
YouTube channel: CA Nitin Pathak
GOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSIONNeha Sharma
The document summarizes key points from various articles:
1) The Finance Minister met with bank CMDs who expressed concern over 700,000 crore worth of infrastructure and industrial projects being stuck or awaiting implementation due to issues like coal linkages, toll collection points, and financial closure not being completed.
2) Reasons cited for lack of investment in India include policy uncertainty, aggressive tax authorities, lack of clearances, and negative attitude of regulators.
3) SEBI and other regulators announced various policy changes and guidelines regarding FDI limits, investment in alternative investment funds, setting up of a BRICS development bank, reporting of OTC derivatives, foreign investment debt limits, and SIDBI venture capital investments
ICAI-WIRC - FEMA Conference - New Consolidated FDI Policy - 19.08.2011P P Shah & Associates
This document provides an overview and analysis of India's new consolidated foreign direct investment (FDI) policy that took effect on April 1, 2011. It defines key terms related to FDI, describes the legal framework for foreign investment in India, and outlines the automatic route for investment and sectors requiring government approval. The presentation also examines recent changes to sectoral caps, modes of share issuance, documentation requirements, and frameworks for portfolio investment.
Includes expectations from the Union Budget of 2016 in 3 sectors - Infrastructure, Startup Funding and Ease of Doing Business. It includes an analysis of policies in the Budget of 2015 and a log of measures the Government could take up
The SEBI Board met and approved several important decisions:
(i) Amendments to corporate governance norms for listed companies to align with new Companies Act and strengthen governance, effective October 1, 2014.
(ii) A long-term policy for mutual funds in India including tax incentives and proposals to increase reach, transparency and inclusion.
(iii) Amendments to KYC regulations removing the option for fresh KYC if already done, further facilitating the process.
The document outlines the eligibility criteria for startups under India's Startup Action Plan. To be recognized as a startup, an entity must:
1) Be a private limited company, registered partnership, or LLP registered in India in the last 5 years with annual turnover less than 25 crores.
2) Be working on innovation, development, or commercialization of new products/processes/services using technology or intellectual property.
3) Meet one of several criteria including a recommendation from an incubator funded by the government or private sector or having been granted a patent.
This document provides a summary of reforms and initiatives by the Indian government to support the startup ecosystem in India. It discusses the key points of the Startup Action Plan launched in January 2016, including self-certification for compliance, a startup hub, mobile apps for registration and filing, funding support, tax exemptions, and defining "startup". The plan aims to simplify regulations and provide various benefits to help startups grow. The document also analyzes the definition of startup notified by DIPP and some areas needing clarification, such as applicability and certification requirements. Overall the reforms seek to boost entrepreneurship and make it easier to start and run a business in India.
Startup India is a flagship initiative of the Government of India, intended to build a strong ecosystem that is conducive for the growth of startup businesses, drive sustainable economic growth, and generate large-scale employment opportunities. The Government through this initiative aims to empower Startups to grow through innovation and design.
For Details
Visit Blog: www.canitinmpathak.blogspot.com
YouTube channel: CA Nitin Pathak
GOVERNMENT SHOULD DESIST FROM INTERFERING IN THE CA PROFESSIONNeha Sharma
The document summarizes key points from various articles:
1) The Finance Minister met with bank CMDs who expressed concern over 700,000 crore worth of infrastructure and industrial projects being stuck or awaiting implementation due to issues like coal linkages, toll collection points, and financial closure not being completed.
2) Reasons cited for lack of investment in India include policy uncertainty, aggressive tax authorities, lack of clearances, and negative attitude of regulators.
3) SEBI and other regulators announced various policy changes and guidelines regarding FDI limits, investment in alternative investment funds, setting up of a BRICS development bank, reporting of OTC derivatives, foreign investment debt limits, and SIDBI venture capital investments
The document outlines various initiatives proposed by the Indian government to promote the growth of startups in India, including:
1) Simplifying regulatory processes for startups by allowing them to self-certify compliance with certain laws and reducing inspections.
2) Providing funding support through a Rs. 10,000 crore fund of funds and credit guarantees.
3) Offering tax benefits like exemptions on capital gains and income tax exemptions for three years.
It also proposes initiatives to promote awareness and adoption of intellectual property protections for startups. A mobile app is proposed to serve as a single platform for startups to interact with the government and access information.
This document provides an introduction to India Advantage Securities Pvt. Ltd., a stock brokerage firm based in Surat, India. The company is a member of the Bombay Stock Exchange and National Stock Exchange. It was established in 2009 to provide quality research, execution, and client services to institutional and corporate clients. India Advantage Securities specializes in futures, options, and arbitrage trading. The company aims to meet high standards of research, execution, and client satisfaction. It offers services including stock trading, futures and options trading, commodities trading, research, IPOs, and more to meet various financial needs of its clients.
Report No. 5 of 2012 – Performance Audit of Implementation of Public Private ...Life of A Public Auditor
With the opening of Indian airspace to private and international operators, the existing airport infrastructure in the country proved to be inadequate to cope with the unprecedented growth in traffic and cargo. The Ministry of Civil Aviation (MoCA) in 2006, projected a requirement of an additional RS 40,454 crore to augment and modernize existing airports as also to construct new greenfield airports. The revenue surplus generated by Airports Authority of India (AAI) was found to be grossly inadequate to meet this requirement.
In January 2000, the Cabinet approved the restructuring of airports through the long term leasing route. Later, however, in September 2003, the Cabinet approved the restructuring of Delhi and Mumbai airports through the Joint Venture mode. In pursuance of this decision, after selection of the JV partner, AAI incorporated a subsidiary company viz. M/S Delhi International Airport Pvt. Ltd (DIAL), and subsequently sold 74% of the shares of DIAL to the JV Consortium. On 4 April 2006, in the capacity of the state promoter, AAI signed an Operation Management Development Agreement (OMDA) with DIAL. The AAI handed over IGI airport, Delhi to DIAL on 3 May 2006 on 'as is where is' basis and granted DIAL the exclusive right to undertake functions of operations, maintenance, development, design, construction, modernization, finance and management of the Airport.
On 26 April 2006 Government of India signed another agreement with DIAL viz State Support Agreement (SSA). The agreement laid down conditions and nature of support to be provided by Government of India, along with the mutual responsibilities and obligations between Government and DIAL.
The Indian profession of Chartered Accountants has in recent past faced a large number of challenges including aspersions on their integrity and independence arising out of certain large scale financial frauds and manipulation of financial statements by banks, investment banks and large companies outside India including companies like Satyam in India. The Institute of Chartered Accountants of India have severely punished those who were found guilty in various financial frauds and even removed certain chartered accountants found guilty for Satyam scam for their life from the membership of the Institute. Most of these corporate failures did not had any Indian origin CA firm as their Auditors.
The document discusses key aspects of India's Competition Act of 2002, including its objectives, features, and definitions. It aims to promote competition, eliminate anti-competitive practices, protect consumer interests, and ensure fair market participation. The Act prohibits anti-competitive agreements and abuse of dominant market positions. It also regulates combinations and mergers, and advocates for competition through policies and law reviews.
The document discusses foreign direct investment in India, including key facts and ways for foreign companies to set up business in India. It outlines the main entry routes of forming a corporate entity like a wholly owned subsidiary or limited liability partnership. Setting up a wholly owned subsidiary requires compliance with Company Law and FEMA regulations, and involves obtaining necessary approvals, reserving the company name, drafting legal documents, and making statutory filings. A limited liability partnership is a suitable lower-cost option for small businesses and involves similar registration procedures with applicable authorities in India.
The BJP Government is on the verge of completing a year and has now stabilised. Major economic initiatives and actions are emerging for a high growth oriented economy.
The document provides an overview of International Financial Service Centres (IFSCs). It discusses the emergence and classification of IFSCs globally. Key factors that contributed to the success of London, New York, and Singapore as leading IFSCs are outlined. The demand and potential for an IFSC in India is examined, with details provided on India's first IFSC in Gujarat International Finance Tec-City. Statistics on foreign exchange turnover and India's international investment position are presented. The regulatory framework governing IFSCs in India is also summarized.
Developing India as an IFSC: Analysing the High Powered Expert Committee's Re...DVSResearchFoundatio
Key Takeaways:
Emergence of IFCs
Domestic and Offshore Demand for IFCs in India
Augmenting IFS Provisions via BPO
Market Deficiencies that Inhibited the Provision of IFS
Financial Regime Governance
Tax Policy for an IFC
Ease of doing business challenges persistingNeha Sharma
The new government has been brought to power by electorate of our nation along with large expectations by industry, businesses and professions and other stakeholders of the Indian economy.
StartupIndia Initiative.
Startup Registration | The Do's and Don'ts
Tax & Other Benefits.
Exit Options.
Government Policies
Benefits & Relaxations
MSME rules and Schemes.
Compliance Management Process
This document discusses a student project on IPO grading. It includes a declaration by the student stating that the information is true and original, and a certificate from the project guide. The introduction discusses how IPO grading was introduced by SEBI to rate equity offerings and help investors make more informed decisions. It aims to separate good offerings from risky ones and restrict bogus listings. IPO grading involves an independent assessment of the business prospects, management quality, and corporate governance of a company conducting an IPO.
At the outset, the new BJP led NDA Government is to be congratulated for winning the General Election with a thumping majority. The agenda of the BJP government in the shape of their visionary Election Manifesto will lead the direction to a Growth oriented, people friendly, consensus driven policies.
This document provides an overview of a State Financial Corporation (SFC) in India. It discusses the organization's profile, activities, forms of assistance provided, and achievements. SFCs were established by state governments to provide medium and long-term financing to industrial projects. They mobilize funds through various sources and offer both direct assistance like term loans and indirect assistance like guarantees. The document outlines the SFC's role in promoting small and medium enterprises through financial support.
New Investment and Enterprise Laws -Meaning Reform or Minor Fiddling? Dr. Oliver Massmann
The document summarizes key changes between Vietnam's new 2014 Investment and Enterprise Laws and the previous 2005 versions. Some major changes include reducing the number of prohibited and conditional business activities, simplifying establishment procedures for enterprises, and providing clearer regulations around company management and groups of companies. However, the document notes that foreign investors still face some uncertainties and burdens, such as needing to apply separately for investment and enterprise registration certificates. While the new laws aim to improve the investment environment, investors will need to see how they are implemented in practice.
How to register on startup india portal and Mobile AppMyOnlineCA.in
This document outlines the steps to register on the Startup India portal. It begins by listing the prerequisites for registration, which include having a registered legal entity such as a partnership firm, LLP, or private limited company. It also requires a recommendation letter. The document then describes how to register different legal entities like a partnership firm, LLP, and private limited company. It lists the authorities that can provide a recommendation letter, such as an incubator or funding from an incubation fund. In the end, it provides a thank you and links for more details on the registration process.
The editorial discusses the need for India to significantly improve the ease of doing business by reducing regulatory hurdles and bureaucratic compliances across various sectors like company law, capital markets, taxation, real estate, etc. While the government has taken some positive steps, major hurdles still remain and a change in bureaucratic mindset is needed. Simplifying laws and making them less restrictive would encourage business growth and improve India's global competitiveness.
This report cover New Industrial Policy of Gujarat, 2015. it cover various Incentive Schemes like Incentives for SMEs, Scheme for Plastic Industry, Innovative Start Ups, Industrial Infrastructure, Labour Generating Industries and Research & Development.
If you establishing business in Gujarat then please have a look at the presentation first.
The document discusses government auditing standards and requirements for auditing billions of dollars in federal grants, loans, and other funding provided by the government each year. It outlines general standards for auditors, including independence, due care, continuing education, supervision, and quality control. It also lists responsibilities for auditors such as compiling accounts, keeping records, providing audit plans and reports, meeting deadlines, maintaining resources and records, and coordinating with the entities being audited.
Road, Railway & Port projects fall short of investment targets in 11th PlanPierre Memheld
Infrastructure facilities like roads, railways, and ports have under-achieved their investment targets in the Eleventh Plan by -11%, -23%, and -54% respectively. Overall investment targets have only been achieved due to the strong performance of the telecom (34%) and oil & gas (655%) sectors.
The document outlines various initiatives proposed by the Indian government to promote the growth of startups in India, including:
1) Simplifying regulatory processes for startups by allowing them to self-certify compliance with certain laws and reducing inspections.
2) Providing funding support through a Rs. 10,000 crore fund of funds and credit guarantees.
3) Offering tax benefits like exemptions on capital gains and income tax exemptions for three years.
It also proposes initiatives to promote awareness and adoption of intellectual property protections for startups. A mobile app is proposed to serve as a single platform for startups to interact with the government and access information.
This document provides an introduction to India Advantage Securities Pvt. Ltd., a stock brokerage firm based in Surat, India. The company is a member of the Bombay Stock Exchange and National Stock Exchange. It was established in 2009 to provide quality research, execution, and client services to institutional and corporate clients. India Advantage Securities specializes in futures, options, and arbitrage trading. The company aims to meet high standards of research, execution, and client satisfaction. It offers services including stock trading, futures and options trading, commodities trading, research, IPOs, and more to meet various financial needs of its clients.
Report No. 5 of 2012 – Performance Audit of Implementation of Public Private ...Life of A Public Auditor
With the opening of Indian airspace to private and international operators, the existing airport infrastructure in the country proved to be inadequate to cope with the unprecedented growth in traffic and cargo. The Ministry of Civil Aviation (MoCA) in 2006, projected a requirement of an additional RS 40,454 crore to augment and modernize existing airports as also to construct new greenfield airports. The revenue surplus generated by Airports Authority of India (AAI) was found to be grossly inadequate to meet this requirement.
In January 2000, the Cabinet approved the restructuring of airports through the long term leasing route. Later, however, in September 2003, the Cabinet approved the restructuring of Delhi and Mumbai airports through the Joint Venture mode. In pursuance of this decision, after selection of the JV partner, AAI incorporated a subsidiary company viz. M/S Delhi International Airport Pvt. Ltd (DIAL), and subsequently sold 74% of the shares of DIAL to the JV Consortium. On 4 April 2006, in the capacity of the state promoter, AAI signed an Operation Management Development Agreement (OMDA) with DIAL. The AAI handed over IGI airport, Delhi to DIAL on 3 May 2006 on 'as is where is' basis and granted DIAL the exclusive right to undertake functions of operations, maintenance, development, design, construction, modernization, finance and management of the Airport.
On 26 April 2006 Government of India signed another agreement with DIAL viz State Support Agreement (SSA). The agreement laid down conditions and nature of support to be provided by Government of India, along with the mutual responsibilities and obligations between Government and DIAL.
The Indian profession of Chartered Accountants has in recent past faced a large number of challenges including aspersions on their integrity and independence arising out of certain large scale financial frauds and manipulation of financial statements by banks, investment banks and large companies outside India including companies like Satyam in India. The Institute of Chartered Accountants of India have severely punished those who were found guilty in various financial frauds and even removed certain chartered accountants found guilty for Satyam scam for their life from the membership of the Institute. Most of these corporate failures did not had any Indian origin CA firm as their Auditors.
The document discusses key aspects of India's Competition Act of 2002, including its objectives, features, and definitions. It aims to promote competition, eliminate anti-competitive practices, protect consumer interests, and ensure fair market participation. The Act prohibits anti-competitive agreements and abuse of dominant market positions. It also regulates combinations and mergers, and advocates for competition through policies and law reviews.
The document discusses foreign direct investment in India, including key facts and ways for foreign companies to set up business in India. It outlines the main entry routes of forming a corporate entity like a wholly owned subsidiary or limited liability partnership. Setting up a wholly owned subsidiary requires compliance with Company Law and FEMA regulations, and involves obtaining necessary approvals, reserving the company name, drafting legal documents, and making statutory filings. A limited liability partnership is a suitable lower-cost option for small businesses and involves similar registration procedures with applicable authorities in India.
The BJP Government is on the verge of completing a year and has now stabilised. Major economic initiatives and actions are emerging for a high growth oriented economy.
The document provides an overview of International Financial Service Centres (IFSCs). It discusses the emergence and classification of IFSCs globally. Key factors that contributed to the success of London, New York, and Singapore as leading IFSCs are outlined. The demand and potential for an IFSC in India is examined, with details provided on India's first IFSC in Gujarat International Finance Tec-City. Statistics on foreign exchange turnover and India's international investment position are presented. The regulatory framework governing IFSCs in India is also summarized.
Developing India as an IFSC: Analysing the High Powered Expert Committee's Re...DVSResearchFoundatio
Key Takeaways:
Emergence of IFCs
Domestic and Offshore Demand for IFCs in India
Augmenting IFS Provisions via BPO
Market Deficiencies that Inhibited the Provision of IFS
Financial Regime Governance
Tax Policy for an IFC
Ease of doing business challenges persistingNeha Sharma
The new government has been brought to power by electorate of our nation along with large expectations by industry, businesses and professions and other stakeholders of the Indian economy.
StartupIndia Initiative.
Startup Registration | The Do's and Don'ts
Tax & Other Benefits.
Exit Options.
Government Policies
Benefits & Relaxations
MSME rules and Schemes.
Compliance Management Process
This document discusses a student project on IPO grading. It includes a declaration by the student stating that the information is true and original, and a certificate from the project guide. The introduction discusses how IPO grading was introduced by SEBI to rate equity offerings and help investors make more informed decisions. It aims to separate good offerings from risky ones and restrict bogus listings. IPO grading involves an independent assessment of the business prospects, management quality, and corporate governance of a company conducting an IPO.
At the outset, the new BJP led NDA Government is to be congratulated for winning the General Election with a thumping majority. The agenda of the BJP government in the shape of their visionary Election Manifesto will lead the direction to a Growth oriented, people friendly, consensus driven policies.
This document provides an overview of a State Financial Corporation (SFC) in India. It discusses the organization's profile, activities, forms of assistance provided, and achievements. SFCs were established by state governments to provide medium and long-term financing to industrial projects. They mobilize funds through various sources and offer both direct assistance like term loans and indirect assistance like guarantees. The document outlines the SFC's role in promoting small and medium enterprises through financial support.
New Investment and Enterprise Laws -Meaning Reform or Minor Fiddling? Dr. Oliver Massmann
The document summarizes key changes between Vietnam's new 2014 Investment and Enterprise Laws and the previous 2005 versions. Some major changes include reducing the number of prohibited and conditional business activities, simplifying establishment procedures for enterprises, and providing clearer regulations around company management and groups of companies. However, the document notes that foreign investors still face some uncertainties and burdens, such as needing to apply separately for investment and enterprise registration certificates. While the new laws aim to improve the investment environment, investors will need to see how they are implemented in practice.
How to register on startup india portal and Mobile AppMyOnlineCA.in
This document outlines the steps to register on the Startup India portal. It begins by listing the prerequisites for registration, which include having a registered legal entity such as a partnership firm, LLP, or private limited company. It also requires a recommendation letter. The document then describes how to register different legal entities like a partnership firm, LLP, and private limited company. It lists the authorities that can provide a recommendation letter, such as an incubator or funding from an incubation fund. In the end, it provides a thank you and links for more details on the registration process.
The editorial discusses the need for India to significantly improve the ease of doing business by reducing regulatory hurdles and bureaucratic compliances across various sectors like company law, capital markets, taxation, real estate, etc. While the government has taken some positive steps, major hurdles still remain and a change in bureaucratic mindset is needed. Simplifying laws and making them less restrictive would encourage business growth and improve India's global competitiveness.
This report cover New Industrial Policy of Gujarat, 2015. it cover various Incentive Schemes like Incentives for SMEs, Scheme for Plastic Industry, Innovative Start Ups, Industrial Infrastructure, Labour Generating Industries and Research & Development.
If you establishing business in Gujarat then please have a look at the presentation first.
The document discusses government auditing standards and requirements for auditing billions of dollars in federal grants, loans, and other funding provided by the government each year. It outlines general standards for auditors, including independence, due care, continuing education, supervision, and quality control. It also lists responsibilities for auditors such as compiling accounts, keeping records, providing audit plans and reports, meeting deadlines, maintaining resources and records, and coordinating with the entities being audited.
Road, Railway & Port projects fall short of investment targets in 11th PlanPierre Memheld
Infrastructure facilities like roads, railways, and ports have under-achieved their investment targets in the Eleventh Plan by -11%, -23%, and -54% respectively. Overall investment targets have only been achieved due to the strong performance of the telecom (34%) and oil & gas (655%) sectors.
This document provides an overview of Indonesia's public-private partnership (PPP) plans for infrastructure projects. It outlines Indonesia's regulatory framework for PPPs, which includes various presidential regulations, laws, and ministerial regulations. It also describes Indonesia's PPP institutional framework, with the Ministry of National Development Planning and National Development Planning Agency playing coordinating roles. The document then presents the PPP project cycle and selection criteria, and provides a list and details of 27 prospective and potential infrastructure PPP projects across various sectors.
Issues in Public Private Partnership in India IPPAI
This document discusses issues with public-private partnerships (PPPs) in infrastructure projects in India. It outlines the ideal structure of a PPP, including creation of public assets using private capital that are eventually transferred to the government. However, it notes several issues that commonly arise with PPPs in different sectors like power generation, transmission, and other areas. Key challenges mentioned include unclear land acquisition frameworks, difficulties obtaining permits and clearances, financial closure problems, cost overruns due to delays, inaccurate demand estimates, and underestimation of total project costs. The document analyzes specific problems with the design-build-finance-operate-transfer (DBFOT) model used for many PPPs in India.
The document discusses various aspects related to accounts, audit, and auditors under the Companies Act 2013. Some key points include:
- Every company must prepare annual financial statements including a balance sheet, profit and loss statement, cash flow statement and notes. The accounts must give a true and fair view of the company's affairs.
- The board of directors is responsible for the preparation of financial statements and a Directors' Responsibility Statement.
- An auditor must be appointed to audit the accounts annually and certify if they give a true and fair view. Their duties and qualifications are also outlined.
- The board report attached to financial statements must include details like number of board meetings, related party transactions, CSR
The document summarizes key aspects of land acquisition procedures under the Malaysian Land Acquisition Act 1960. It discusses:
1) The three stages of land acquisition - pre-acquisition, acquisition, and post-acquisition. This includes the various forms used to notify landowners and conduct inquiries.
2) Case law that has established the government has sole discretion to determine what constitutes a "public purpose" for acquisition.
3) Amendments to the Act in 1991 that expanded the purposes for which land could be acquired to include economic development and public benefit.
4) Procedures that must be followed, such as publishing notices and consulting planning authorities, as well as exceptions where failure to follow certain steps
This document provides an introduction and overview of the objectives and scope of an audit guide for educational institutions in India. It begins by discussing the goal of education to lead to liberation from ignorance, superstition, and prejudice. It then outlines the objective of providing guidance to members on conducting internal audits of educational institutions in India from primary to higher levels. It notes that the guide cannot cover all situations but principles should be applied based on professional judgment. It also provides context on the development of education in India since independence.
The document discusses the Land Acquisition Act of Malaysia. It provides 3 key points:
1. The Act allows the government to acquire private land for public purposes like development projects, with compensation provided to landowners. It aims to ensure uniform land laws across Malaysian states.
2. The procedures for land acquisition include gazetting of acquisition notices, evaluations of land value, awards given to landowners, and objection periods for challenging acquisitions.
3. Other countries like India and Australia also have laws governing land acquisition, but Malaysia's law does not allow objections against the principle of acquisition itself like other systems do.
The document summarizes key aspects of land acquisition laws in India - the Land Acquisition Act of 1894 and its replacement, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). It notes that the 1894 Act allowed arbitrary land acquisition without proper compensation or rehabilitation. The 2013 LARR Act established stricter social and environmental safeguards for land acquisition and resettlement of affected families, but was amended in 2014 via an ordinance exempting certain projects. This sparked protests against the dilution of land rights.
This document discusses land acquisition policies and processes in India. It provides an overview of the Land Acquisition Act of 1894 and issues with it, including low compensation amounts and lack of rehabilitation provisions. It also discusses the proposed Land Acquisition, Rehabilitation and Resettlement Bill of 2011, which aims to address these issues by providing greater consent requirements, return of unused land, sharing of land appreciation, and stronger rehabilitation and resettlement provisions. The document also compares land acquisition processes internationally and provides recommendations for India such as acquiring surplus land, distributing development stocks/options to landowners, and establishing a more liberal and competitive framework.
Public private partnerships are becoming increasing important as governments harness the expertise and flexibility of the private sector to make investments they could not otherwise afford. The long-term nature of these partnerships makes them different from conventional procurements or privatisation. Both partners, government and private business, must learn new methods to maximize the value for investors and taxpayers.
The document outlines India's "Make in India" initiative, which aims to transform India into a global manufacturing hub. It notes that India has a large economy and growing imports, but also large trade deficits. The campaign aims to attract foreign businesses to invest and manufacture in India by simplifying regulations, improving infrastructure and developing skills. It highlights 25 sectors targeted for growth. While the campaign aims to create jobs and recognition for India, challenges remain around infrastructure, land acquisition, regulations and developing electronics manufacturing capabilities. The document also discusses China's response campaign and the proposed GST tax changes in India.
Audits are performed to evaluate information validity, reliability, and internal controls. The goal is to express an opinion on the subject based on test work. IT audits specifically examine technology infrastructure, applications, development processes, and governance to evaluate security, integrity, effectiveness, and risk management. Key areas include systems, facilities, development lifecycle, management, architecture, and client/server environments. Findings are reported to assess controls and risks with recommendations for improvement.
Public-private partnerships (PPPs) involve private entities participating in or supporting public infrastructure provision. Key characteristics include shared participants, resources, risks, and focus on long-term services. PPPs can occur at the project or policy level. Reasons for PPPs include budget deficits, aging infrastructure, efficiency gains, and introducing competition. Common PPP models include build-operate-transfer (BOT) where the private sector finances, builds, operates, then transfers ownership to the public sector. PPPs are suitable for transport, water, health, education, and other facilities if the right legal and political frameworks and private sector capacity exist. Benefits include risk allocation and value for taxpayers, while pitfalls include complexity and
The general public and the society including top bureaucrats, politicians, media personnel, social activists, thinkers, intellectuals and policy makers and those who determine the future directions of the society and the economy expect the auditing profession to perform the roles of a watchdog who can monitor the auditee entity comprehensively to ensure that interest of owners, minority shareholders, investors, bankers, government, regulators, suppliers, customers and other stake holders are fully protected. Most importantly interest of the auditee entity are preserved and various financial and operational decisions taken by the management at various levels were in the interest of the company and were within the policy framework laid down by the Board.
This document is a project report submitted by Ashish D. Kulkarni in partial fulfillment of the degree of Master of Business Administration from Vishwakarma Institute of Management. The report details a case study conducted at Ameya Management Consultancy Pvt. Ltd. on excise duties. It includes an introduction, objectives, company profile of Ameya Management Consultancy which provides consultancy services in indirect taxes, and a summary of the case study findings and conclusions.
The document discusses recommendations from a committee chaired by Dr. Vijay Kelkar on reviving public-private partnerships (PPPs) in India's infrastructure development. The committee recommended amendments to PPP contracts, policies, and institutions to make them more outcome-focused and improve dispute resolution, risk allocation, and private sector participation. Key recommendations included changes to model concession agreements, establishing new committees and tribunals to facilitate PPP projects and resolve disputes, and adopting new funding models like the Hybrid Annuity Model. The success of PPPs in India going forward will largely depend on changes in the attitudes of government agencies and other public authorities working with the private sector.
The Expanding Role and Increasing Responsibility of Public Auditors
Rakesh Verma, Principal Accountant General, India
The trend toward greater involvement and reliance on public auditors in public financial management will be a focus of this session.
The committee, headed by former Finance Secretary Vijay Kelkar, submitted a report with recommendations to improve India's public-private partnership (PPP) model for infrastructure projects. The committee recognized PPPs as valuable for speeding up infrastructure development in India. However, it noted that PPP contracts need to focus more on service delivery rather than just fiscal benefits. The report called for changes to improve governance and reduce risks for private partners in PPPs. This includes clarifying rules on corruption, establishing an institution to support PPP capacity building, and better allocation of project risks between public and private entities. The recommendations aim to strengthen India's PPP framework and rebuild capacities to facilitate more effective private investment in infrastructure.
The document discusses India's Circular 6, which provides guidance for determining whether a contract research and development (R&D) center bears insignificant risk. It aims to establish certainty and uniformity in audits of R&D centers. Circular 6 classifies R&D centers into three categories based on their functions and risks. It outlines conditions for a center to be considered a contract R&D service provider with insignificant risk, including that the foreign principal performs most economically significant functions and provides funding/assets. The circular aims to clarify a contentious issue by specifying how to assess a center's risk profile and appropriate transfer pricing method.
Study of Different Public-Private Partnership (PPP) Model for the Road Infras...IRJET Journal
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Group 3 psn on ppp & govt audit of pvt companies merged 30082014
1. PPP IN INDIA & GOVERNMENT
AUDIT OF PRIVATE COMPANIES
2. GROUP COMPOSITION
BRIG PANKAJ KAUSHIK
BRIG NAVNEET KUMAR
RAKESH GUPTA
A K CHAUDHARY
JITENDRA JOSHI
R A BABU
3. PREVIEW
OBJECTIVE
PPP – MEANING, MODELS & FRAMEWORK IN INDIA
KEY LESSONS FROM PPPs & CHALLENGES
GOVT AUDIT AND PRESENT STATUS
SC JUDGEMENT ON CAG AUDIT
AUDIT FINDINGS REGARDING PPPs
CAG RECOMMENDATIONS REGARDING PPPs
CONCLUSION
4. OBJECTIVE
PPP – WAY TO BRIDGE GAP BETWEEN GOVT
FINANCES & DEVELOPMENT OF INFRASTRUCTURE.
PPP MODEL BEING FOLLOWED THE WORLD OVER.
GOVT STAKE IN THESE VENTURES PROMPTED
DEMAND FOR GOVT AUDIT OF PVT COMPANIES
INVOLVED IN VARIOUS PPPs.
COUNTER VIEW - INVESTOR APPREHENSIONS &
CONSEQUENT DECLINE OF PVT PARTERNERS.
5. AIM
AN OVERVIEW OF THE CONCEPT, ADVENT &
CURRENT STATUS OF PPPs IN INDIA AS ALSO TO
HIGHLIGHT KEY LESSONS FROM INDIA’S
EXPERIENCE IN PPPs.
PRESENT LEGAL STATUS & TO HIGHLIGHT VIEWS
AND COUNTER VIEWS ABOUT THE NEED TO CARRY
OUT AUDIT OF PRIVATE COMPANIES BY THE GOVT.
7. PPP - GEN
A GOVT SERVICE OR PVT VENTURE FUNDED & OPERATED
THROUGH A PARTNERSHIP OF GOVT & PVT SECT COMPANY (S).
A CONTRACT BETWEEN A PUBLIC SECTOR AUTHORITY & A PVT
PARTY- PVT PARTY PROVIDES A PUBLIC SERVICE OR PROJECT &
ASSUMES SUBSTANTIAL FINANCIAL, TECH & OP RISK.
IN SOME PPPs THE COST OF USING THE SERVICE IS BORNE
EXCLUSIVELY BY THE USERS & NOT BY THE TAXPAYER.
IN OTHERS CAPITAL - BY THE PVT SECTOR & COST OF THE
SERVICES IS BORNE WHOLLY OR IN PART BY THE GOVT.
GOVT CONTRIBUTIONS - IN KIND – TFR OF ASSETS OR CAPITAL
SUBSIDY (GRANT) OR REVENUE SUBSIDY / TAX BREAKS OR BY
REMOVING GUARANTEED ANNUAL REVENUES FOR A FIXED
PERIOD OF TIME TO MAKE IT ATTRACTIVE TO INVESTORS.
8. DRIVERS
CONCEPT OF PPP AROSE DUE TO RAPID GROWTH OF PUB DEBT
IN 70s & 80s & GOVTS SOUGHT TO INVOLVE PVT SECT FOR
INVESTMENTS IN INFRA DEVELOPMENT.
PUB SECT BODY DOES NOT INCUR ANY BORROWINGS – “OFF
BALANCE SHEET” METHOD OF FINANCING THE DELIVERY OF
NEW OR REFURBISHED PUB SECT ASSETS.
TO ENABLE PUB SECT TO HARNESS THE EXPERTISE &
EFFICIENCIES TO DELIVER FACILITIES THAT ARE PROVIDED BY
PUB SECT.
9. CURRENT STATUS
THE IDEA THAT PVT PROVN OF INFRA REPRESENTED
A WAY OF PROVIDING INFRA AT NO COST TO PUBLIC –
ABANDONED.
ENHANCED ROLE FOR THE PVT SECT TAKING RESP
FOR A GIVEN PROJECT - MAINT PUB ACCOUNTABILITY
FOR ESSENTIAL ASPECTS FOR SERVICE PROVN - IN
VOGUE.
11. MODELS OF PPP IN INDIA
USER-FEE BASED BOT MODEL
ANNUITY BASED BOT MODEL
PERFORMANCE BASED MANAGEMENT/ MAINTENANCE
CONTRACTS
MODIFIED DESIGN-BUILD (TURNKEY) CONTRACTS
12. FRAMEWORKS OF PPP IN INDIA
WELL DEFINED INSTITUTIONAL STRUCTURE IS
CORNERSTONE FOR DEVELOPMENT OF A SUSTAINABLE
PPP PROGRAMME
IT NURTURES AND ENCOURAGES NEW MODELS AND
INNOVATION
DEVELOPS CAPACITIES TO SUCCESSFULLY DISCHARGE
CHANGING ROLES AND RESPONSIBILITIES
THE PPP CELLS EST AT STATE OR SECTOR LEVEL
13. DECISION MAKING PROCESS
PPP APPRAISAL COMMITEE
SECRETARY, DEPARTMENT OF ECONOMIC AFFAIRS (CHAIRMAN)
SECRETARY, PLANNING COMMISSION
SECRETARY, DEPARTMENT OF EXPENDITURE;
SECRETARY, DEPARTMENT OF LEGAL AFFAIRS
SECRETARY OF THE DEPARTMENT SPONSORING THE PROJECT
14. PART –III
Key lessons from India’s
experience in PPPs &
Challenges pertaining to PPP
in India
15. Learning across the PPP Process
Robust Market Assessments
Realistic and robust traffic / market assessment studies are
an important step in the project preparation stage for a PPP
project
Clarity in Determination of Tariff
1. The tariff is a key determinant of returns for the private entity.
2. It is important to have a clear understanding of the tariff
determination process
3. It should be fair to enable the private operator to earn a
reasonable return.
4. Lack of clarity can result in potential disputes between the
private and public entity
16. Learning across the PPP Process
Robust and Simple Bid Criteria:
1. Bid evaluation criteria need to be simple and robust so that
capable entities are identified for the project.
2. Bid should not be speculative and we should have capability
to identify speculative bid.
3. Speculative bids have the potential to derail a project during
the operations stage if the private entity is unable to sustain
its overstated commitments.
4. Ambiguities in the bid criteria, can lead to disputes between
the private and public entity during the operations stage.
17. Learning across the PPP Process
Handling of Land Acquisition
1. The land acquisition process for PPP projects is no doubt the
most challenging predevelopment activity in India.
2. In most cases, the government commits provision of land
free from encumbrances for the project before actually
completing the necessary formalities.
3. This lead to inordinate delay in completion of Project.
18. Learning across the PPP Process
Well Defined Scope of Work
1. It is essential that the concessionaire’s scope of work is
well defined, prior to the launch of the bid process.
2. Scope of work should not be modified except in the case
of unavoidable and unforeseen circumstances.
3. Changes in scope of work, result in time and cost overruns
and have the potential to derail PPP projects.
19. Challenges pertaining to PPP in India
There are very few private investments in Social
infrastructure sector such as Healthcare, Education
& water Supply.
Infrastructure financing i.e ability of domestic
financial system to feed the sector with enough
financial capital.
FDI is allowed in most infrastructure sectors, but
foreign equity participation is about one per cent of
total investments on PPP projects. It is a challenge
is to make PPP projects attractive to foreign
investors.
A more robust regulatory environment, with an
independent regulator is essential.
Lack of comprehensive data base.
20. PART –IV
Government Audit and present
status of Government Audit of
Private Companies in India
21. Government Audit
The Comptroller and Auditor General (CAG) of
India:
Established by the Constitution of India
Audits all receipts and expenditure of
the Government of India and the state
governments.
The external auditor of Government-owned
corporations.
Conducts supplementary audit of government
companies .
22. Present Status - CAG audit of Private Companies
The existing mandate of CAG
The Comptroller and Auditor-General's (Duties, Powers and
Conditions of Service) Act, 1971
Only provides for audit of receipt and expenditure of Government
entities, autonomous bodies and public sector undertakings.
Audit of the PPP arrangements
PPP arrangements cannot comprehensively be audited under
the existing framework of audit provided in the Act.
In most of the PPP agreements already signed by the
Government, there is no clear and specific provision made to
provide for audit by the CAG.
23. Present Status - CAG audit of Private Companies
Present Status - CAG audit of Private Companies
Present status of CAG Audit
The Act does not provide any access to records of private
players or power to assess and comment on the
performance of a private entity.
So far the CAG has given its audit findings in respect of
PPP projects by auditing the accounts of Government
departments/ companies only.
Following the recent Supreme Court judgment clearing the
way for audit of private telecom companies by the CAG, it is
expected that first audit report will be ready before the year-end.
24. Demand for CAG audit of Private Companies
Electricity Distribution
There are three private Electricity Distribution Companies
(Discoms) in Delhi.
Demand has been raised by various political outfits for their
Government Audit as it has been alleged that they are
falsifying their accounts to charge high tariffs from
consumers.
The companies should not fear such audit if they have
nothing to hide.
On the flip side concern has been expressed by some
experts that CAG's staff does not have the specialized
knowledge necessary to audit a wide range of companies.
26. Supreme Court Judgment on CAG Audit
After the 2G spectrum allocation scam, the CAG
was asked to audit the accounts of Private
telecom companies. The Telecom Operators
had challenged a Delhi High Court decision
upholding the validity of laws, empowering the
CAG to conduct revenue audits of private
telecom firms.
On April 17, 2014 the Supreme Court upheld
that the CAG can audit the accounts of private
telecom service providing companies.
27. Supreme Supreme Court Court Judgment
Judgment
The Supreme Court noted that
“…CAG’s function is only to ascertain whether the
Union of India is getting its due share, while parting with
the right to deal with its exclusive privilege to the Service
Providers, who are dealing with a national wealth … but
the service providers are bound to make available all the
books of accounts and other documents maintained by
them … so as to ascertain whether the Union of India is
getting its full share of revenue.”
28. Impact Impact of of Supreme Supreme Court Judgment
Judgment
1. The Supreme Court order, while technically limited to
telecom companies that share revenue with the government,
raises the possibility that the same logic could be extended
for enabling the Government Audit of the books of power, oil,
mining and other companies with similar arrangements.
2. On the business environment front, this ruling would
add to the perception that India is a difficult country to do
business in and there is more government than warranted.
3. On the political front it can be said that the decision
strengthens oversight of companies that do business with the
government.
4. On the social front, the order is likely to have far
reaching impact as the order could help reduce corruption in
government contracts with private companies.
29. Audit findings regarding PPP projects
Railways
1. The CAG in its report on PPP in Indian Railways found
inconsistencies in the execution of eight public private
partnership (PPP) projects undertaken by the railways,
ranging from loopholes in the contractual agreements and
irregularities in estimating the rate of return and traffic
numbers to a weak monitoring mechanism.
2. In its recommendations, the CAG said the railways needs to
frame a model concession agreement for execution of its
projects within a stipulated time frame, adopting a uniform
approach to all railway PPP projects. Other recommendations
include streamlining the approval process to avoid delays,
setting definite timelines for achieving financial closure and
strengthening monitoring mechanisms
30. Airport (Mumbai International Airport Pvt. Ltd.)
The CAG in its report on implementation of PPP at Chhatrapati Shivaji
International Airport Mumbai has asked the government to review the
operator’s performance because when project cost had doubled, the
gap was filled by asking passengers to shell out a development fee
though such levy was not provided in the Operation, Management,
Development Agreement (OMDA).
CAG has pointed out that absence of review clause and re-negotiation
appears to virtually allow MIAL the right to operate the airport for a
period of 60 years with the terms and conditions frozen in OMDA. CAG
has recommended that MOCA may continuously and critically review
the financing pattern of MIAL and ensure that finance risk for the project
as allocated in the agreement to private partners is duly observed.
31. PART –VI
CAG Recommendations
on
Public-Private Partnership
32. CAG Recommendations
The Comptroller and Auditor General of India (CAG)
wants the government to insert relevant clauses
in PPP contracts for comprehensive audit of public-private
partnership projects (PPP) by it.
The CAG has asserted that limiting the scope of
CAG's audit in projects implemented by PPPs would
amount to restricting the scope of oversight by
Parliament over such projects, which is neither
desirable nor intended by the government.
33. CAG Recommendations
The CAG noted that there are risks in estimation of
revenue streams of projects under the PPP
arrangement, which could significantly impact the
exchequer or the public at large.
CAG has also suggested that action should be
initiated against the persons responsible for the
irregularities and deficiencies caused intentionally as
pointed out in audit scrutiny.
34. Conclusions
CONCLUSION
International experience suggests that the success of PPP
projects requires a single objective of better services for the
public at a reasonable cost.
Easy availability of long-term private capital is an essential
requirement.
Selection of right PPP model for a right project at a right time
through realistic planning would go a long way in providing
meaningful and hassle free infrastructure development.
35. Conclusions
Principle of accountability and parliamentary control
cannot be ignored on account of the objections and
opposition by the private stake holders.
The need for Government Audit of private
companies cannot be overemphasized.
At the same time this does not mean that CAG
should take up audit of PPP projects routinely.