Lok Sabha Question No. 233 (UNSTARRED), answered on 2025-02-04
Subject: Uniform Policy for e-Commerce
Ministry: COMMERCE AND INDUSTRY
Asked by: Shri Ramasahayam Raghuram Reddy, Prof. Sougata Ray

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

## LOK SABHA

UNSTARRED QUESTION NO. 233.

TO BE ANSWERED ON TUESDAY, THE 04 TH  FEBURARY, 2025.

## UNIFORM POLICY FOR E-COMMERCE

## 233.   PROF. SOUGATA RAY:

## SHRI RAMASAHAYAM RAGHURAM REDDY:

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

## वाणिज्य एवं उद्योग मंत्री

- (a) whether it is a fact that there is no comprehensive e-Commerce Policy in the country and if so, the efforts being made by the Government to formulate such a policy;
- (b) whether  the  Government  has  concerned  about  the  threat  from  major  eCommerce players to the employment opportunities in the country, if so, the details thereof;
- (c) whether  the  rapid  growth  of  e-Commerce  affected  the  livelihood  and  job opportunities  of  millions  of  small  retailers  of  the  country,  if  so,  the  details thereof;
- (d) whether the Government has any proposal to have a separate law to deal with e-Commerce  with  a  nodal  agency  or  regulator  for  overall  monitoring  and development of e-commerce in the country;
- (e) if so, the details thereof and if not, the reasons therefor; and
- (f) whether  the  Government  has  any  uniform  policy  to  ensure  the  business practices of major e-Commerce companies at par with citizen-centric and if so, the details thereof?

## ANSWER

## वाणिज्य एवं उद्योग मंत्रालय में राज्य मंत्री ( श्री णिणिन प्रसाद ) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI JITIN PRASADA)

- (a) (d) & (e): The e-commerce sector is governed by a comprehensive legal and policy framework.  Some  of  the  Acts  applicable  to  e-Commerce  Sector  are Consumer  Protection  Act,  2019;  Consumer  Protection  (E-commerce) Rules,  2020;  Competition,  Act,  2002;  Central  Goods  and  Services  Tax (CGST)  Act,  2017;  Information  Technology  Act,  2000;  Payment  and Settlement Systems Act, 2007; Companies Act, 2013; Copyright Act, 1957 etc.  FDI  policy  and  Foreign  Exchange  Management  Act  (FEMA),  1999

contain provisions related to Foreign  Direct Investment  (FDI)  in  eCommerce Sector. Any violation of FDI regulations is covered by the penal provision of the FEMA, 1999. RBI administers the FEMA and Directorate of Enforcement  (ED)  is  the  authority  for  the  enforcement  of  FEMA.  The Competition Commission of India (CCI) established under the Competition Act, 2002 decides matters of anti-competitive practices, including inter alia predatory pricing, on a reference by the aggrieved party. In addition, the interests of the consumers are protected under the Consumer Protection Act, 2019.

- (b) & (c): Government  has  been  focusing  on  protection  of  the  interest  of  small retailers of the country. Various measures in the form of Acts, Rules and Policies have been put in place to ensure level playing field. In addition, the Department  for  Promotion  of  Industry  and  Internal  Trade  (DPIIT)  has pioneered the initiative  of Open Network for Digital Commerce (ONDC). The initiative aims at promoting open networks for all aspects of exchange of goods and services over digital or electronic networks. ONDC makes eCommerce more inclusive  wherein  small  and  medium-sized  businesses can use any ONDC compatible applications instead of being governed by specific platform centric policies. This provides multiple options to them to be discoverable over network and conduct business. It also encourages easy adoption of digital means by the small retailers and distributors, who may be currently not on digital commerce networks.
- (f): Government has implemented the Competition Act, 2002 that mandates the Competition Commission of India (CCI) to prevent practices having adverse effect  on  competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India. The CCI looks into the matter relating  to  the  anti-competitive  agreements  and  abuse  of  dominance  by enterprises in all sectors of the economy.

The Department of Consumer Affairs has notified the Consumer Protection (E-commerce)  Rules, 2020  under the provisions of  the  Consumer Protection Act, 2019 to safeguard consumers from unfair trade practices in e-commerce.  These  rules,  inter-alia,  outline  the  responsibilities  of  ecommerce entities and specify the liabilities of marketplace and inventory e-commerce entities, including provisions for customer grievance redressal.

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