Volume #16 | IssueNo. 296/2024 | January 2024
GDP!
GDP – Governance, Development & Performance. This has been the north star of the GOI in its Interim Budget 2024-25. Thankfully, so much has been said already on the budget that I have very little to add. Well, my musings on GDP come from my own experience and January has been a hugely satisfying month for me listening to a diverse set of speakers – sung and unsung. And of course reflecting on the thoughts gleaned, words spoken, visuals seen. Read on to know why I say so…..
What did the renowned author, Devdutt Pattanaik say on Governance, at the ICSI Corporate Governance Awards, 2023 ?
- Western philosophy refers to ‘Everybody’s truth’ whereas the Oriental philosophies talk of ‘Ekam Satya, Poorna Satya (the whole truth)’. Jainism’s doctrine is ‘Anekantvaad’ about metaphysical truths that emerged in ancient India. It states that the ultimate truth and reality is complex and has multiple aspects. Accept the different Truths !
- Western truth is measurement based but not everything in life is measurable. Compliance can be measured but not Niyat/ethics which are an integral part of governance.
- Approach issues with curiosity. Don’t do ‘Vaad’ (argument). Do ‘Samvaad’ (conversation). Each one has a different experience with truth. Let it not be a ‘Rana bhoomi (war) but a ‘Ranga bhoomi (performance). To be successful in business, understand what the market needs and demands. Be curious, not combative !
- The epic Mahabharata which is full of kathas (stories) and upa-kathas (sub-stories) is hailed as Pancham Veda (5th Veda). Through an interesting story he drove home the nexus between Bhook(hunger) – Bhog(luxury) – Bali(Sacrifice) – Anna(Food) leading to Dharma Sankat (ethical dilemma). Bhook is the root cause of ambitions, achievements as well as dilemmas in life !
- This quartet also leads to governance of companies. The question should be ‘Whose hunger are you focussing on – yours alone or others’ also ?’. You exist for a larger ecosystem of the world – this should drive businesses.
- Law is a shorthand for compassion (Indian definition of governance). Look at the world from Compassion, not Competiveness !
What did the Buzzwomen Gelatis (friends in Kannada) share about Development at their recent Annual Retreat ?
(Buzzwomen is a successful, Bangalore based 12 year old, not-for-profit organisation, working towards spreading financial literacy amongst rural women and empowering them through training, hand-holding and skill development. It has transformed many lives through the 5 crucial elements that drive progress: cash, confidence, climate, care and community. Led by its Chief Changemaker, the spirited Uthara Narayan, Buzzwomen has taken wings in Netherlands, Gambia & Georgia as well, touching women’s lives across geographies. )
- Development is not just the cliched ‘women development’. It is about the transformation that these empowered women are bringing in their men (mostly drunkards, jobless, sick, wayward), in their battered lives and ultimately in the families and neighbourhood leading to happy communities and economically developed villages. How financial acumen and small investments are the wind beneath their wings to be self-sufficient, to support others and become bold entrepreneurs.
As an invitee at the Retreat, for a change I saw a sea of confident, proud rural women being cheered by a handful of men partnering with them through Buzzwomen. Truly inspired by the demonstration of “Development” by Narishakthi (women power) !
What Performance does the documentary “Kappe Raaga – the song of Kumbara” epitomise ?
Do watch this beautiful, heart rending, goosebumps giving Green Oscar award winning documentary “Kappe Raaga – the song of Kumbara” by Prashanth Nayaka. Known as the Night Frog, this is a true demonstration of Performance with patience, persistence, passion and purpose not only of the chief protagonist of the film, a male frog but also of Nayaka and his team. He waited for 6 years to make the 6 minute film which is all about a rare species of frog in the western ghats, named Kumbara (potter in Kannada) by him for the film, of how he protects the newly laid eggs and nourishes them once the female frog abandons them after laying. This is so contrary to the female-as-a-nourisher role and unique to this species of frog found in a small stream. The musical video with breathtaking photography, soulful music, philosophical lyrics is a sensual treat and creates awareness about ecology and environment more than what reams of text or hours of lectures can do. A must watch that I had the privilege to be part of at a recent screening of Bharatnomics series by the WMG group.
Well that was GDP of a different genre for you !
As we present the first issue of Samhita in 2024, I would like to place on record my sincere gratitude to CA Naveen Bhat for his contribution to the IT and GST updates every month and in particular to the Interim Budget summary prepared at short notice for this 296th issue. It is a purely voluntary contribution amidst his busy professional schedule.
For any previous issues of Samhita and the readers’ feedback, please visit
https://sharadasc.com/samhita/
Happy Reading
S.C. Sharada
MCA UPDATE
Interim Budget FY 2024-25
Finance Minister, Smt. Nirmala Sitharaman announced the Interim Budget on February 01, 2024. The focus in the current budget has been on strengthening India’s infrastructure with a 10% boost to government capex taking the figure to an all-time high of INR 11 trillion while being mindful on the fiscal consolidation with a lower fiscal deficit target of 5.1%. For highlights of the Interim Budget giving an overview of Key Figures, Direct Taxes and Indirect Taxes, refer to the note below.
Labour Law
The Payment of Gratuity Act, 1972 provides for payment of Gratuity to employees engaged in factories, mines, companies, shops or other establishments where 10 or more persons are or were employed on any day of the preceding twelve months. Once the provisions become applicable, it shall continue to be applicable irrespective of the number of employees reducing below 10.
Section 4A of the Payment of Gratuity Act, 1972 mandates employers other than an employer of an establishment of the Central or State Government to obtain insurance for his liability towards payment of Gratuity under the Act. In furtherance to this, the Government of Karnataka has notified the Karnataka Compulsory Gratuity Insurance Rules, 2024 which is effective from January 10, 2024. These rules are applicable to employers in Karnataka who do not have any branches in any other state, Government of Karnataka being the appropriate government in terms of the Act. The rules provide for registration of establishment, registration of Gratuity Trust, recovery of Gratuity amount etc. For a quick read, refer the highlights enclosed.
(Open Highlights of Karnataka Gratuity Insurance Rules, 2024)
(Open Karnataka Govt Notification dated January 10, 2024)
MCA Update
In October 2023, MCA had notified Section 23(3) of the Companies Act, 2013 for allowing certain class of public companies to list their securities in permissible foreign jurisdictions. In furtherance to the same, MCA has notified the Companies (Listing of equity shares in permissible jurisdictions) Rules, 2024 w.e.f January 24, 2024. Highlights of the rules are enclosed.
(Open Highlights of Rules on listing of equity shares in permissible jurisdictions)
(Open MCA notification dated January 24, 2024)
RBI Update
Vide notification dated January 15, 2024, RBI has notified guidelines for appointment/reappointment of Statutory Auditors (SA) of State Co-operative Banks (StCBs) and Central Co-operative Banks (CCBs), effective from April 01, 2024. The guidelines mandate prior approval of RBI for appointment, re-appointment or removal of SA. Highlights of the guidelines are as follows:
- For accounting periods commencing on or after April 01, 2024, prior approval to be sought from RBI before July 31, 2024.
- Eligibility Criteria introduced for appointment/reappointment of SAs
- SAs shall be appointed for a period of 1 year only and can be reappointed for succeeding 2 years only.
- Prior approval for re-appointment of SA to be obtained annually.
- NABARD to collect the information about audit firms from ICAI annually and filter the list on the basis of Eligibility Criteria. This filtered list will be shared with the Co-operative Banks for their selection.
- The Co-operative Banks’ board shall approve a policy for appointment of SAs and host it on their website/public domain.
SEBI Update
SEBI, vide circular dated January 25, 2024 has extended the timeline for complying with proviso to Regulation 30(11) of the SEBI (Listing Obligation and Disclosure Requirements) 2015 w.r.t verification, confirmation, denial or clarification of market rumours. Accordingly, the effective date for implementation of said regulation shall be June 01, 2024 for top 100 listed entities and December 01, 2024 for top 250 listed entities.
February 2024
Quote of the day
"For last year's words belong to last year's language, and next year's words await another voice. And to make an end is to make a beginning."
- T.S.Eliot
Disclaimer: The contents of this Newsletter are only a summary and has not dealt with any issue in detail. Any action taken or proposed to be taken must be in consultation with professionals and not merely based on the articles / news updates. S. C. Sharada & Associates disclaims all liability on action taken without professional advice.