DPIIT to seek Cabinet approval for The Ease of Doing Business and Ease of Living (Amendment of Provisions) Bill, 2022

Commerce Ministry’s Department of Promotion of Industry and Internal Trade (DPIIT) will seek Cabinet approval for The Ease of Doing Business and Ease of Living (Amendment of Provisions) Bill, 2022– a bill decriminalising minor offences by rationalising related provisions under different ministries to ensure ease of doing business, according to officials. They added the bill has been finalised in consultation with industry stakeholders and the DPIIT is targeting to introduce it in the Parliament’s upcoming winter session. 

This bill proposes to rationalise around 110 provisions across 35 Acts administered by 16 ministries or departments, while adding this is to help reduce the burden on the judiciary. 

An official told news agency PTI, “The bill seeks to decriminalise imprisonment provisions related minor offences to trivial procedural violations from 35 Acts. About 110 such provisions are proposed to be amended through this one bill. The department has observed that these provisions have not been invoked many times, but there is fear in the minds of industry about those provisions. The idea is to replace imprisonment with penalties or graded punishment.”

These 35 Acts include the Factoring Regulation Act 2011, Legal Metrology Act 2009, The Government Securities Act 2006, the Trade Marks Act 1999, the National Housing Bank Act 1987, the Air (Prevention and Control of Pollution) Act 1981, the Patent Act 1970, the Pharmacy Act 1948 and Indian Forest Act. 

Some of these proposals include compounding offences for failing to apply for registration and using a vehicle without permit under Motor Vehicles Act, 1988, removing imprisonment of up to six months for trespassing or pasturing of cattle or permitting cattle to trespass in forest areas under the Indian Forests Act. Others include removal of year-long jail term and raising fines from Rs 5,000 to Rs 25,000 for non-filing of returns, non-maintenance of record under Legal Metrology Act, 2009 and removal of year-long imprisonment and retaining Rs 5,000 fine for contravention of orders about restraining or controlling import or export of marine products under Marine Products Export Development Authoity Act, 1972. 

In a bid to enhance ease of doing business and living, the bill proposes a four-pronged strategy focused on simplifications, digitisation, decriminalisation of provisions for minor offences and elimination of redundant laws/rules. 

(With agency inputs)