Lok Sabha Question No. 2085 (UNSTARRED), answered on 2023-08-02
Subject: Jan Vishwas (Amendment of Provisions) Bill, 2023
Ministry: COMMERCE AND INDUSTRY
Asked by: Vinod Kumar Sonkar, Sangeeta Kumari Singh Deo, Sukanta Majumdar, Rajveer (Raju Bhaiya) Singh, Bhola Singh, Raja Amareshwara Naik

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

## LOK SABHA

UNSTARRED QUESTION NO. 2085. TO BE ANSWERED ON WEDNESDAY, THE 02 ND  AUGUST, 2023.

JAN VISHWAS (AMENDMENT OF PROVISIONS) BILL, 2023

## 2085.  SHRI VINOD KUMAR SONKAR:

SHRIMATI SANGEETA KUMARI SINGH DEO:

DR. SUKANTA MAJUMDAR:

SHRI RAJVEER SINGH (RAJU BHAIYA):

SHRI BHOLA SINGH:

SHRI RAJA AMARESHWARA NAIK:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

## वाणिज्य एवं उद्योग मंत्री

- (a) whether  the  Government  has  approved  amendments  to  the  Jan  Vishwas (Amendment of  Provisions)  Bill,  2023  to  decriminalise  offences  and  impose penalties instead;
- (b) if so, the details thereof;
- (c) whether the Joint Committee has submitted its report on the Bill;
- (d) if so, the details of recommendations made and the reaction of the Government thereon; and
- (e) the other steps being taken by the Government for promoting ease of doing business and ease of living in the country?

## ANSWER

## वाणिज्य एवं उद्योग मंत्रालय में राज्य मंत्री ( श्री सोम प्रकाश ) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI SOM PARKASH)

- (a) & (b): Yes,  Sir.  The  Cabinet  approved  the  proposal  to  move  motion  before Parliament for consideration and passing along with official amendments to the Jan  Vishwas (Amendment of Provisions) Bill, 2023 as reported by the Joint Committee of Parliament on 12.07.2023. The Jan Vishwas (Amendment of Provisions) Bill, 2023 seeks to decriminalise 183 provisions across 42 Central Acts administered by 19 Ministries/Departments. Decriminalisation is proposed to be achieved in the following manner: -
- i. Both  imprisonment  and/or  fine  are  proposed  to  be  removed  in  60 provisions.
- ii. Imprisonment  is  proposed  to  be  removed  and  fine  retained  in  2 provisions.
- iii. Imprisonment  is  proposed  to  be  removed  and  fine  enhanced  in  7 provisions.
- iv. Imprisonment and fine are proposed to be converted to penalty in 108  provisions.
- v. Compounding  of  offences  is  proposed  to  be  introduced  in  6 provisions.
- (c): Yes,  Sir.  The  Joint  Committee  on  the  Jan  Vishwas  (Amendment  of Provisions) Bill, 2022 had adopted its report on 13.03.2023. Thereafter, the Report of the Committee was laid before Rajya Sabha on 17.03.2023 and in Lok Sabha on 20.03.2023.
- (d): The Committee recommended some further clause-specific amendments in  the  Bill  after  its  detailed  examination.  These  amendments  have  been accepted and incorporated in the Bill. In addition, the Committee also made some general  recommendations  which  provide  advice  and  guidance  for future efforts related to decriminalisation. and the same are given below:
- (i) Continuation  of  similar  exercise  in  future  by  reviewing  other  acts and  bring  similar legislations before Parliament,
- (ii) Issuing advisory to States/UTs for undertaking similar exercise,
- (iii) Issuing advisory to States Governments to review legislations which are in their  exclusive domain,
- (iv) Appointment of a group to examine other acts and carry out exercise similar to  the Jan Vishwas (Amendment of Provisions) Bill, 2023,
- (v) Ministry of Law to look into aspects of incorporating an adjudication mechanism  along with appellate authority for adjudication of penalty,
- (vi) Wherever feasible, removal of imprisonment may be accompanied with levying  of penalty instead of fine to avoid increase in litigation.

One of the general recommendations given by the Committee was that the Government may also look into legalities and other consequences of giving retrospective  effect  if  feasible,to  the  proposed  amendments  ,taking  into consideration  the  administrative  and  financial  aspects.  Accordingly,  the concerned Ministries / Department examined the matter and found that giving retrospective effect to the proposed amendments is not feasible.

- (e): Other steps taken by the Government for promoting ease of doing business and ease of living in the country are placed at Annexure.

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## ANNEXURE

## ANNEXURE REFERRED TO IN REPLY TO PART (e) OF LOK SABHA UNSTARRED QUESTION NO. 2085 FOR 02.08.2023.

Initiatives taken by the Government for promoting ease of doing business and ease of living in the country are as follows:

## A. Reducing Compliance Burden on Businesses and Citizens

Department for Promotion of Industry and Internal Trade coordinates with Ministries/Departments  and  States/Union  Territories  (UTs)  for  initiatives  to  reduce compliance burden on citizen and business activities. The objective of this exercise  is to improve  Ease  of  Doing  Business  and  Ease  of  Living  by  Simplifying,  Rationalizing, Digitizing  and  Decriminalizing  Government  to  Business  and  Citizen  Interfaces  across Ministries/States/UTs. The key focus areas of the initiative are:

- i. Simplification of procedures related to applications, renewals, inspections, filing records, etc.
- ii. Rationalization of legal provisions, by repealing, amending or omission of          redundant laws,
- iii. Digitization of government processes by creating online interfaces, and
- iv. Decriminalization of minor, technical or procedural defaults.

## B. Business Reform Action Plan (BRAP)

Under the Business Reform Action Plan (BRAP), all States/UTs in the country are assessed on the basis of reforms undertaken by them on designated parameters. BRAP  covers  both  business-centric  and  citizen-centric  reforms  spread  across various reform areas  like Investment  Enablers, Access  to Information  and Transparency,  Online  Single  Window  System,  Land  Allotment, Construction Permits Enablers, Labour Regulation Enablers, Environment Registration Enablers, Inspection  Enablers,  Obtaining  Utility  Permits,  Contract  Enforcement,  Citizencentric Certificates, Public Distribution System, Healthcare, etc.

Till date five editions of BRAP (2015, 2016, 2017-18, 2019 and 2020) have been completed. The assessment under BRAP, 2022 is in its final stage.

## C. National Single Window System (NSWS)

The setting up of National Single Window System (NSWS) was announced in the Budget 2020-21 with the objective to provide 'end to end' facilitation and support to investors, including pre-investment advisory, provide information related to land banks and facilitate clearances at Centre and State level. Envisioned as a one-stop shop for investor related approvals and services in the country, the National Single Window System (NSWS) was soft-launched on 22nd September 2021 by Hon'ble Minister of Commerce and Industry.

A total  of  32  Central  Ministries  and  22  States/UTs  are  onboarded  on  NSWS  till date.  More  than  1,00,000+  unique  business  profiles  have  been  created  on  the system.  More  than  2,70,000+  applications  have  been  submitted  till  date  with 1,30,000+ clearances already granted through NSWS. More than 500+ investors have  availed  benefits  of  various  schemes  hosted  on  NSWS  including  Vehicle Scrapping  Scheme,  Ethanol  Policy,  Indian  Footwear  and  Leather  Development Policy and National Programme on High Efficiency Solar PV Modules under PLI scheme.

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