[Economic Survey] Ch9: Industrial Policy, Labor Reforms, Factories Act, Apprentice Act, Customs & Excise duties in Budget 2014

Economy45 Comments

India Yearbook
  1. Prologue
  2. [Act 1] Industrial license & reserved sectors
  3. [Act 2] Policies and Acts
    1. P1: Industrial policy 1991
    2. P2: National Manufacturing Policy 2011
    3. A1: Factories Act 1948 / Bill 2014
    4. A2: Apprentice Act 1961 / Bill 2014
    5. F1: Fodder: Why India needs labor reforms?
  4.  [Act 4] Excise and Customs
    1. Custom Duty in Budget 2014
      1. #1: Electronics sector
      2. #2: Energy related
      3. #3: Mineral, Metal, Precious Stones
    2. Excise Duty in Budget 2014
  5. [Act 5] Stupid statistics and rankings
  6. Epilogue

Prologue

Economic Survey Ch.9 Industrial performance. Four subparts:

  1. Industries, Acts, Policies, excise and customs duty
  2. PSUs, Disinvestment, CPSE-ETF
  3. Companies Act 2013
  4. MSME sector

Cover Economic Survey industries excise duty industrial license factory act

[Act 1] Industrial license & reserved sectors

Industrial policy requires industrial license for this items in India

Desi Liquor, Tobacco Products, Defense Aerospace Electronics, Industrial explosive, Hazardous chemicals

Industrial License Required ForAreas Reserved For Public Sector
  1. Alcoholic Drinks
  2. Tobacco & cigar products
  3. Defense & electronics aerospace Equipment
  4. Industrial Explosives, Including Matchboxes
  5. Hazardous Chemicals*
  1. Atomic Energy
  2. Atomic Minerals
  3. Rail Transport

Similarly, there are items reserved for MSME sector- bread, agarbatti etc. if large company wants to enter, they’ve to get license click me to know more.

 

*Hazardous chemicals that need license
Nitrocellulose
  • Guncotton.
  • Originally used in film reels but stopped due to explosive nature.
  • Used in pregnancy tests
Hydrocyanic acid
  • prussic acid (HCN)
  • Used in gas chambers for judicial execution in some U.S. states.
Phosgene
  • COCl2
  • chemical (gas) weapon in WW1.
  • Making plastics and pesticides.
  • Phosgene –> Methyl Isocyanate (MIC) –>pesticides.
Methyl Isocyanate (MIC)
  • CH3NCO
  • Union Carbide Company used Methyl Isocyanate (MIC) for making pesticides. (Brand name Sevin)
  • 3rd December 1984: Bhopal tragedy due to leakage of this gas.

[Act 2] Policies and Acts

Industrial policy, National Manufacturing Policy 2011, Factories Act, Apprentice Act.

P1: Industrial policy 1991

1948Shyama Prasad Mukerjee declared India’s first industrial policy.
1956policy revised- main focus on Public sector undertakings.
1991LPG reforms, Narsimharao’s new industrial policy.

Q. What’re the salient features of new Industrial policy 1991? (200 words)

  1. Liberated industrial licensing. Presently, only five sectors require license.
  2. For the industries that donot require license- they only need to submit an “industrial entrepreneur’s memorandum” to Department of Industrial Policy and Promotion (DIPP), under commerce ministry.
  3. Reduced the no. of areas reserved for public sector. (at present only 3)
  4. FDI relaxed for many sectors.
  5. NRIs allowed to invest upto 100% in majority of the industries.
  6. Software technology parks, Electronic hardware technology parks etc.
  7. HRD focus: gainful employment and optimal use of Human resources.
  8. Provided disinvestment of PSU
  9. Govt. signed MoU with PSUs – giving them operational flexibility. Later Maharatna, Navratna, Miniratna categories to give them further freedom depending on profit making. (more details “PSU” subpart of this chapters’ summary).
  10. To facilitate merger and acquisitions – Government relaxed the MRTP act (Monopolies and Restrictive trade practices Act 1969) => later Government replaced this act with Competition Act 2002 and established a statutory body “CCI” (Competition commission of India).

~160 words.

P2: National Manufacturing Policy 2011

Q. Write a note on the salient features of the national manufacturing policy 2011. (100 words)

  • Enhance share of manufacturing industries in GDP to 25%. (At present ~15%)
  • Create 100 million jobs over a decade.
  • Will setup manufacturing promotion board- to coordinate between union and states.
  • will simplify labor and environment laws => related topic factories bill and apprentice bill. (Given in separate section in this same article).
  • will create enabling infrastructure via PPP => related topic REITs, INViTs under ch13, urban infra.
  • will create of national investment and manufacturing zones (NIMZ)
  • 16 NIMZ announced, 8 along Delhi-Mumbai Industrial Corridor (DMIC)=> related topic industrial corridors under Ch11.
  • Tax reliefs on venture capital funds to increase fund-flow to startup companies.
  • Funds to polytechnics for skill development
  • Focus industries
    • employment intensive, produce capital goods, have strategic significance,
    • sector where India enjoys a competitive advantage (e.g. IT, textiles)
    • small and medium enterprises => related topic Government schemes for MSME.
    • Public-sector enterprises => related topic “Various Ratna”. (in this same article)

A1: Factories Act 1948 / Bill 2014

  1. GS2 syllabus: Government intervention in various sectors.
  2. GS3 Syllabus: Changes in Industrial policy, their impact on industrial growth.

(GS3) Q. Write a note on the salient feature of the Factories Bill 2014 (200 words)

2010Dr. Narendra Jadhav Committee to examine factory act
2014Factories amendment bill as per Jadhav recommendations

First the definition of a “factory”

criteriaFactories Act 1948New Bill 2014
mfg unit where power used10 workers20
power not used20 workers40
  1. Redefines factory as a manufacturing units where minimum 20 workers employed in a given year (for units using power), OR 40 workers for non-power units.
  2. Women workers permitted to do nightshift – with safety provisions and home transport facilities.
  3. Nightshift not permitted for pregnant / lactating mothers.
  4. Women workers can work on moving / heavy machinery. But pregnant women and disabled workers can’t.
  5. Paid leaves reduced to 90 days (earlier 240!)
  6. Each worker can do 100 hours overtime in every quarter (3 months).
  7. Re-defined “hazardous substances” – it’ll include any item that can cause physical or health hazards to any person, animal, plant or the environment.
  8. Factory can decide its own workweek. (doesn’t have to be Monday to Sunday)
  9. Factory must provide cool drinking water in hot weather, irrespective of number of workers employed.
  10. Installed Power capacity will be measured in kilowatts. (Earlier horsepower)
  11. Factory owner will have to maintain spittoons, washing facilities, drying lines, sitting facilities etc. But if he doesn’t => compoundable offense i.e. he can do compromise with workers (victims), no need to waste court time in lengthy trial.
  12. Factory owner has to open restrooms, lunchrooms if 75/more workers
  13. Factory owner has to run canteen if 200/more workers
  14. Factory expansion permitted via self-certification. Reduces the nuisance of inspections and bribes.
  15. Even Union Government can make rules for factories. (Earlier only State Governments could do).

Overall, the new bill

  1. Puts women workers on equal footing with men
  2. Improves safety and facilities for workers.
  3. Saves factory owners from getting arrested in minor issues. (Therefore, trade unions don’t like this bill. NOT ONE BIT.)

~300 words. But you may not recall all points in exam, so it’ll automatically “FIT” the 200 words limits.

A2: Apprentice Act 1961 / Bill 2014

  • GS2 syllabus: issues relating to Development and Management of human resources.
  • GS3 Syllabus: Issues relating to employment.

Q. Write a note on the salient feature of the Apprentice Bill 2014 (200 words)

  • by Labor ministry
  • To amend the original (And outdated) act of 1961
Minimum age of apprentice
non-hazardous industry14
hazardous industry18
  • Government will decide the number of apprentices in each industry
  • Government will provide the syllabus and equipment for “PRACTICAL” training, for specific trades.
  • However, companies free to launch new courses other than designated trades.
  • Companies can accept non-engineering graduates and diplomas for apprenticeship.
  • Companies free to fix work / leave period for these apprentices.
  • Multiple companies can come together to give common training.  Can even outsource the basic training (for teens that have received no institutional training e.g. grownup child laborers.)
  • After training, the apprentice will have to give a certificate-exam by National Council for Vocational Training (NCVT).
  • In case of violation – Reasonable fines and inspection. To reduce harassment and “inspection raj”.
  • Web portal to file self-compliance reports.

Overall, new bill gives more flexibility to companies, and makes apprenticeship more attractive to youth, and will make them more employable in future, thus helping India to reap its demographic dividend.

~160 words.

Moving on…

F1: Fodder: Why India needs labor reforms?

  • India has 44 labour acts union Government and 150+ labor acts from state governments.
  • These laws have overlapping provisions= “inspection-raj”, Owner can’t comply with one act without breaking/side-stepping another law = bribery and inefficiency.
Industrial DisputesAct1947
  • If company has >100 workers. The owner must seek Government permission before laying them off / closing the firm.
  • To evade this, companies hire workers via “Contractors” = no social security, no EPF.
  • Even IT/Tech companies try to evade industrial dispute act, by hiring temporary staff from “supercontractors” like Teamlease.
Apprentice Act
  • Companies get tax benefits and CSR benefits for giving training to teens.
  • But these young apprentices are made to work like a regular workmen/laborer.
  • They don’t even get paid for overtime. And companies can remove them anytime.
  • So in a way, companies misuse apprentice act, to evade the archaic “industrial dispute act” (100 worker firing).
  • Ultimately both sides suffer.
    • Worker doesn’t give his 100% because, he is not “permanent”.
    • Owner doesn’t invest in his training /skill upgrade because he is not “permanent” = low skill, low output, demographic dividend can’t be reaped.
FactoriesAct 1948
  • Limits overtime in firms with more than 10 employees.
  • Even petty offenses like not installing a “Spittoon” = can lead to criminal cases registered against owner.
Contract Labour Act, 1970
  • Companies with >20 workers have to setup cafeterias.
  • Government can decide what food is to be served!

 

Labour reforms in Rajasthan (2014)

ProvisionelsewhereRajasthan
Owner has to get Government permission before firing employeesif 100 workers300
Trade union can be setup IF15% workers join30%
contract labour act applies IF workers more than2050
factories act applies to power units IF1020
factories act applies to non-power units IF2040

Q. If Union Government tables all these bills/acts in parliament then how can Rajasthan reform labor laws?

Ans. because Labour laws come into CONCURRENT list under 7th Schedule.

 [Act 4] Excise and Customs

EXCISE DUTYCUSTOMS DUTY
on goods manufactured in India
  • on imported goods
  • on exported goods
as per Central Excise Act, 1944as per customs Act 1962
It’s an indirect tax under CBECsame
  1. Tobacco…Yes
  2. Hemp, opium, other narcotics…NO
  3. Desi Liquor…NO
  4. Alcohol used in medicinal and toiletry preparations….yes (e.g. Deodorant, mouthwash)

Custom Duty in Budget 2014

  • we’ll setup 24/7 clearance facility on selected airports and seaports
  • Indian Customs Single Window Project for traders. So they’ve to submit all documents at one site/office, and they’ll be forwarded to respective organizations, files will be cleared within given timeframe.
  • Result: Our ranking will improve in World Bank’s “ease of doing business”. At present top 3= Singapore, Hong Kong, NZ. India’s rank slipped from 131 to 134 (2014).

#1: Electronics sector

import ofcustom duty
Cathode ray tubes (for TVs mfg by MSME, for poor junta)0
LCD, LED panels (<19″)0
Other specific inputs in mfg. of these TV0

Implications: cheaper TVs for poors and middleclass, boost in demand, boost in electronics sector and employment.

#2: Energy related

Already discussed in ch.11 energy but for the recap

RENEWABLENON-Renewable
  • 0% on import of certain specific items used in solar plants.
  • 5% on other plant/machinery for solar, Bio-CNG plants
  • 5% on wind mill steel rings

implications:

Boost to clean energy sector

  • Simplified tax regime on all variety of coal (2.5% custom duty and 2% CVD). previously each had separate tax rates = disputes between companies and CBEC
  • Raised clean energy cess on imported coal, peat and lignite (Rs.100 per ton) => more money for clean energy projects

#3: Mineral, Metal, Precious Stones

Bauxite Export: increased to 20%less exploitation of this mineral resource from India
Ship breaking: reduced (Steel)more orders from abroad
  • All type of cut/semi-processed diamonds (2.5%)
  • Diamond export (pre-form): 0%
Earlier each had separate tax rates.Now simplified = less litigation between traders and CBEC.
Baggage allowance
  • raised from 35,000 to 45,000
  • =aam junta can bring more items (for personal use) from abroad while on tour/vacation

Excise Duty in Budget 2014

not important except for “Stress” interviews in Bank/MBA
Decreasedincreased
  • Chindu’s interim budget had reduced Excise duty on SUV, small cars, two wheelers and mobile phones, for upto 30th June 2014, to boost domestic companies.
  • Jaitley promised to continue it till 31st December 2014.
Tobacco products.

  • pan masala=16%
  • unmanufactured tobacco: 55%
  • Gutka=70%
  • cigarette less than 65mm=72%

Implications: less demand, less cancer. Atleast in theory.

  • food processing and packaging machines
carbonated drinks

  • Implications: less demand, less weight gain and lifestyle disorders.
  • footware upto Rs.500 = 0%, upto Rs.1000=6%
Smart Cards

 

Overall (not important)
Absolute EarningCustom DutyExcise Duty
we earned this much in 20131.75 lakh crore1.79 lakh crore
we hope (estimate) to earn this much in 20142.02 lakh crore2.07 lakh crore

 

Ranking (important)
2013(Actual)Corporation > IT > Excise > Custom > Service > Wealth
2014(Estimate)Corporation > IT > Service > Excise > Custom > Wealth

[Act 5] Stupid statistics and rankings

share in GDPservices > Industry > Agro
share in employmentAgro > services > Industry

 

8 Core industries in IIP
  1. coal
  2. fertilizer
  3. electricity
  4. crude oil
  1. natural gas
  2. refinery products
  3. steel
  4. Cement

 

World Ranking
SteelChina, Japan, USA, India (4th)
Sponge ironIndia First rank.

 

Manufacturing giants
MFG share in GDPWorld Export
China34.114.6
India14.92
Industrial Growth
POSITIVENEGATIVE
  • Textile
  • Electrical equipment
  • Mining – declined, 3rd consecutive  year
  • manufacturing
  • Automobiles (low per capita income)
  • gems-jewelry (gold import controls)
  • Diesel consumption declined 1st time since 2001

Negative growth because:

  1. inflation = input cost increased
  2. Low demands in Indian and world economy due to inflation and slowdown.
  3. Investment declined since last three years
  4. mega projects stalled, new projects not coming up
  5. land accusation, rehabilitation, environment clearance problem
  6. infra bottlenecks, rail road power connectivity, coal supply

Epilogue

  1. Last years’ survey contained lot of topics like Industrial gears, foundry clusters, jute mission, TUFS etc. But this year’s budget and survey silent on them, hence not dwelling. But if you want to check, click me for last year’s survey.
  2. Industrial corridors already covered under Chapter.11 on infra
  3. IIP along with ch4 on inflation
  4. export, import etc. under ch7 international trade
  5. Location factors for various industries: under Mrunal.org/GEOGRAPHY

Mrunal recommends

  1. (free) NCERT, NIOS, TN-Books
  2. Environment by ShankarIAS
  3. Indian Polity M.Laxmikanth (Hindi | English)
  4. Art & Culture by Nitin Singhania (Hindi | English)
  5. Spectrum: Modern History (Hindi | English)
  6. Bipin Chandra: Post Independence
  7. Fast-track to Arithmetic Rajesh Verma
  8. MK Pandey’s Analytical Reasoning
  9. Disha’s Topicwise Paperset (Hindi | English)
  10. School Atlas
  11. Mains: Language papers
  1. (free) NCERT, NIOS, TN-Books 4 History,Geo,Sci
  2. Indian Polity M.Laxmikanth (Hindi | English)
  3. Spectrum: Modern History (Hindi | English)
  4. Maths: Quantam CAT Sarvesh Kumar
  5. Objective General English SP Bakshi
  6. Word Power made Easy -Norman Lowe
  7. Topic wise Solved Paperset by Disha


So far 45 Comments posted

  1. Mani

    Thank u mrunal..

  2. Bhanu

    Thanks Mrunal…………..God will Surely Reward U for Such Selfless work.

  3. Govind

    ThankYou sir!, was waiting for this

  4. Siddhanth

    Mrunal gone crazy! You are embarrassing my efforts for the exam. If you are working this hard, i dont know how much should we aspirants must be putting in…

  5. Naveen

    Highly knowledge-laden content….
    This write up extrremely useful for exam,really !
    Hats off,mentor Mrunal!

  6. mansi

    mrunal ji , ma itna kse yaad karugii.haaye rabba

    1. ENIGMA

      Mansi ji apne pe raham kr k yad kijiye

  7. ...garg

    sir …thanks alot…..no ways no express…what u have done for us….jo ghar par app ke madhyam se padte hain…aur app hume sache guru saman humare mind set ke hisab se padate ho..
    may kanha g bless u….
    sir ..ek request u thi a k industrial index kya kai aur asee hi jo economics ke index hain…unka link de do…humne app ko abhi thoda tym pehle hi join kiya hai to…es liye patani jada

  8. ...garg

    sir …thanks alot…..no ways no express…what u have done for us….jo ghar par app ke madhyam se padte hain…aur app hume sache guru saman humare mind set ke hisab se padate ho..
    may kanha g bless u….
    sir ..ek request u thi a k industrial index kya kai aur asee hi jo economics ke index hain…unka link de do…

  9. Vedprakash

    Finally D.P.agrawal is going to retire.Rajni rajdan mam will be the new chief.I’m sure mrunal sir will be feeling very relaxed now.

  10. sarath

    please try to provide one article regarding geography in which all the dams, species, places and map related bits before prelims exam which are in news

    1. Mrunal

      sorry, occupied in this survey work. not possible to compile such list before prelims.

    2. N

      @Sarath.. can you elaborate on this. Maybe all of us can work on this since Mrunal is occupied

  11. ...garg

    sir …thanks alot…..no ways no express…what u have done for us….jo ghar par app ke madhyam se padte hain…aur app hume sache guru saman humare mind set ke hisab se padate ho..
    may kanha g bless u

  12. shikha

    such a great work…………..god bless u

    1. Rajesh

      Good work always beneficial for students and professionals…………..!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  13. dagattani

    @mrunal i think in ” Act 5 :Stupid statistics and rankings” you have used incorrect sign it should be “>” instead of “<". Service has maximum share in GDP.

  14. shama Qazi

    mrunal sir absolutly speechless……thank you sir

  15. Mrunal

    Typing error correction:
    Share in GDP: services > Industry > Agro
    Share in employment: Agro > services > Industry.

  16. RAGHAV

    Dear Mrunal ji,

    is it advisable to use Whitener in the OMR sheet in case somebody marks a wrong answer in OMR.

    Will it create a problem in scanning or checking??

    looking at the number of OMRs UPSC processes to check everyday and the technicalities.

    please answer……

    1. neeraj

      I suggest u dont use fluid on ur omr. last year ssc did clarify in cgl exam that candidates can use fluid if they need and the devices will still read the omr but upsc never put any such clarification as far as i know. so just be more careful in marking ur answers and roll no etc in omr. best of luck.

      1. RAGHAV

        thanks brother

  17. Rohin kotwal

    Mrunal sir, You will be nominated for Padam awards by our govt. Sir, You did yeoman service for all the students for country. Great person Mrunal sir.

  18. B+ve

    Please elaborate if possible, It would be great help, because sometime all the important points are included in the 3rd category and sometime one, in category 1 and 2 sometime the clear cut statement is taken from the passage and sometime synthetically framed statement even in the option of clear cut statement is given

    1. Objective of the passage,
    2. Important message/idea conveyed by the passage/author,
    3. Passage aims/intended to emphasise upon

    Cheers and Thanks in advance for gyandata

  19. mansi

    ENIGMA THANKS FOR UR ADVICE.HUHHHHH

  20. Abhishek

    Today, Prime minister has said about to dismiss Planing commission……he has plan to establish a new institution instead of PC……..please share your views.

  21. manisha

    Mrunal sir , from which month we should revise current affairs and kindly guide us regarding s&t part also…thanx a lot sir

    1. risha

      hey manisha are you from kolkata?

      1. manisha

        M nt from Kolkata risha

  22. satish

    hi sir,
    plz check the ranking BE 2014 Corporation > IT > Service > Excise > Custom > Wealth.. its
    Corporation > IT > Service >custom > Excise > Wealth ( as per your previous lectures)…
    Plz clarify..

    1. Mrunal

      satish
      2014: Corp > IT > Service > Excise >Custom >wealth
      excise always ahead of wealth.
      Corp always ahead of IT
      wealth always at bottom.

  23. Basavaraj

    Happy Independence day:)

  24. AppaRao Chintha

    Mrunalji,

    Thanks for your article. I guess, Medicine and Pharmaceutical industry also require a licence.

  25. Sudhakar

    In factories act 1948/2014
    Point no.5. It is the days to work to eligible for getting paid leaves not the paid leaves….

    Pls correct it Mrunal ji

  26. SRK

    Dear Mrunal Sir,
    As per our Sir’s notes regarding Industrial Licence : it says, it has decreased from 18 to 06. Now only 06 industries need to take ‘licence’ and remaining have to take ‘Permission Letter’.
    The 06 industries are : 1. Alcohols 2. Cigar 3. Hazardous Industries (as per define in Govt. Co. Acts.), 4. Defense 5. Explosive &
    6. Pharmacy
    The Pharmacy is not given in above list. Kindly do the needful.
    Looking forward & Thanking you……..SRK

    1. Mrunal

      srk: industrial licenses list is taken from India yearbook 2014, ch.19 third para. page 467.
      only five categories. Pharmacy is not mentioned anywhere.

  27. ankit

    i wish if you could publish an separate economic survey. its best then real one..
    Also mrunal please tell is it sufficient to read this much survey which you provided or we need to dig something else for pre as well as for mains..
    i hope you will get back..

  28. lockthat1

    why there is no excise duty on liquor?

  29. Soorya

    Great job Mrunal 😀 ..you will certainly have hundreds of ever thankful IAS and IPS guys

  30. Madan Kumar

    Violating the MSME act 2006 for Corporate House by Honble Justice I.P. Mukerji of Calcutta High Court

    Hon’ble Minister Ji,

    Save SSI engg mfg unit from bankrupt need your Intervene to get our very long outstanding payment Rs.1597930/- from Mr.Umesh Choudhary MD of M/s Titagarh Wagon Ltd. He has stuck up our hard earn money since 2012 by misusing public money and violating MSME act 2006 with the help of Honble Justice I.P. Mukerji of Calcutta High Court and Advocate Mr. Dibanath Day and Mr Atanu Raychaudhary by over ruling the MSME law. They are very big Corporate and want to eat Small Scale Industry like us. Kindly help.

  31. savemsmeunit

    Mr Umesh Choudhary MD of Titagarh Wagon Ltd do not make payment of SSI unit & if we asked payment they harassed badly even in court Need help

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