The
Financial Sector Legislative Reforms Commission (FSLRC) set up on 24th
March 2011, for re-writing the financial sector laws to bring them in harmony
with the current requirements, submitted its Report to the Government on March
22, 2013. The Commission inter alia recommended a non-sectoral,
principle-based legislative architecture for the financial sector, by
restructuring existing regulatory agencies and creating new agencies, wherever
needed for better governance and accountability.
The
Commission presented its Report to the Government of India on 22th
March 2013. The Report is in two parts: Volume I – titled “Analysis and
Recommendations” and Volume II – titled the “Draft Law” consisting of the Draft
Indian Financial Code (IFC).
The Draft IFC along with the Report of the FSLRC were
placed in public domain on the home page of website of the Ministry of Finance
on 28th March 2013. Comments on the Draft IFC and the Report were
invited from the public at large and all stakeholders through a Press Release
on 6th June 2013. Hindi version of the Report was subsequently
placed on the Ministry of Finance website in Sept 2013. A
dedicated e-mail >feedback-fslrc@nic.in< was created to receive
online comments. Further, comments were requested from
select Ministries/Departments and Regulatory Authorities. Copies of the report
in English and Hindi versions were sent by the Hon’ble Finance Minister to all
Members of Parliament in October 2014. Copies of the Report were also sent to
all State Governments/Union Territories, and to Universities,
Research/Academic Institutions, Bank Associations etc. in India for giving wide publicity and inviting comments.
The
Draft IFC has been revised in the light of the comments received and hosted now
as Revised Draft IFC on the home page of the Ministry of Finance at >www.
finmin.nic.in<. The modifications mainly relate to:
strengthening the regulatory accountability of financial agencies, removing the
provision empowering FSAT to review Regulations, rulemaking and operational
aspects of capital controls, monetary policy framework and composition of the
Monetary Policy Committee (MPC), regulation of systematically important payment
system and others, removing the provision of special guidance etc. Further the
modifications have taken into consideration the enactments subsequent to the
submission of the FSLRC report; namely The Pension Fund Regulatory and
Development Authority Act, 2013 (PFRDA Act) and Securities Laws (Amendment)
Act, 2014. However, the modifications in the revised Draft IFC remain
consistent with the overall structure and philosophy of the FSLRC Report.
All stakeholders concerned
are requested to forward comments/suggestions that they may wish to submit on
the Revised Draft IFC by 8th August 2015 by e-mail to >feedback-fslrc@nic.in<
or in hard copy to FSLRC Division, Department of Economic Affairs, Ministry
of Finance, Room No 30, North Block, New Delhi-110001.
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MAM/KA