Short Notes On Various Regulatory Agencies
Short Notes On Various Regulatory Agencies
Short Notes On Various Regulatory Agencies
Defination:
The Insurance Regulatory and Development Authority of India (IRDAI) plays a vital role in
regulating and developing the insurance sector in India. Established in 1999 as an
autonomous and statutory body, the IRDAI serves as the primary regulator for the
insurance industry in the country and abroad. Its main objective is to safeguard the
interests of policyholders and ensure the growth and stability of the insurance industry.
The IRDAI operates under the Ministry of Finance and is responsible for overseeing the
functioning of insurance companies, intermediaries, and other entities involved in the
insurance sector. It operates with the mission to protect the rights of policyholders, promote
fair and transparent practices, and foster the development of a robust and sustainable
insurance market in India.
IRDAI Rule:
The IRDA rule comprises a set of guidelines, regulations, and norms that govern
various aspects of the insurance industry. These rules are formulated to establish a
robust framework for insurers, intermediaries, and policyholders.
The IRDA regulates the licensing and registration of insurers, intermediaries, and insurance
agents. It sets the eligibility criteria, qualifications, and capital requirements for obtaining
licenses in the insurance business.
Policyholder Protection
Solvency Margin
The IRDA rule mandates insurers to maintain a solvency margin, ensuring their
financial stability and ability to fulfill policyholder claims. The solvency margin is the
excess of assets over liabilities, and it acts as a buffer to protect policyholders’
interests.
Product Approval
Insurance products need to be approved by the IRDA before being introduced in the
market. This ensures that the products meet the required standards, are suitable for
the target customers, and offer reasonable terms and conditions.
Investment Guidelines
The IRDA rule promotes fair market conduct, prohibiting fraudulent activities,
misrepresentation, and unfair trade practices. It establishes mechanisms to detect and
deter fraudulent behavior, safeguarding the industry’s integrity and building trust among
consumers.
IRDAI Act
IRDAI was presented in the parliament in 1999. The bill was discussed and debated before
it finally became the Insurance Regulatory and Development Authority of India (IRDAI) Act
of 1999.
Insurance Ombudsman?
You must approach your insurance company for any query or distress concerning your
policy. However, if you feel your issue is not resolved, you can approach the Insurance
Ombudsman, which plays the role of grievance redressal forum for policyholders. It is a
scheme launched by the Central Government for impartial, efficient, and cost-effective
settlement of grievances of a policyholder.
Life Insurance
The primary objective of the IRDAI is to implement the provisions under the Insurance Act.
The mission statement of IRDAI is:
1. To safeguard the interest of the policyholder and ensure his/her fair treatment.
2. To govern the insurance industry impartially and to make sure the financial sanity of the
industry remains intact.
3. To routinely formulate regulations to ensure the insurance industry functions without any
uncertainty.
Here are a few IRDAI guidelines for claim settlement that you should be aware of:
1. As per regulation 27(i), the insurance company or insurer should either settle a claim or
reject it within thirty days of receiving all the documents required.
2. As per regulation 27(ii), any document not listed under the policy shall not be treated as
absolutely necessary unless foul play is suspected. Furthermore, all the additional
documents that are asked for must be taken as a one-time call rather than as per time-
specific requirements.
3. Regulation 27(iv) states that in order to make a claim, the insurer must provide a certain
time period within which all the documents need to be submitted. Additionally, if the
policyholder fails to provide these documents within the required window and asks for a
claim after, then the settlement can be done provided there is a valid cause for the delay
4. As per regulation 27(v), every claim that is settled must be in accordance with the
policy’s terms and conditions.
Definition:
SFIO falls under the jurisdiction of the Ministry of Corporate Affairs. The SFIO is involved in
major fraud probes. It coordinates with the Income Tax Department and the Central Bureau
of Investigation (CBI) for fraud investigation.
The government has recently constituted a 12-membered high-level panel recently set up to
prepare an investigation manual for Serious Fraud Investigation Office (SFIO).
As per the recent order issued by the Corporate affairs ministry, Corporate Affairs Secretary
Injeti Srinivas chaired the panel. The committee will devise a comprehensive manual for
performing effective investigations and probes against white-collar crimes.
SFIO was set up in the backdrop of stock market scams of 2000-02, phenomena of
plantation companies and vanishing companies and failure of non-financial banking
companies.
The Vajpayee Government decided to set up SFIO on 9 January 2003, based on the
recommendation of Naresh Chandra Committee on corporate governance (appointed by the
Government of India in 2002) and in the backdrop of stock market scams as also the failure
of non-banking companies resulting in a huge financial loss to the public.
Powers of SFIO
As per the resolution of 2nd July 2003, SFIO is to take up only the investigation of frauds
characterized by:
Process:
SFIO starts an investigation only after receiving an order from the Union government in
this respect which means, it cannot take up cases on their own initiative.
Once a case has been assigned by the Central Government to the SFIO for
investigation under the Indian Companies Act, 2013 no other investigating agency of
the Central Government or any State Government can commence the investigation in
such cases. In case any such investigation has already been initiated, it cannot be
proceeded further with, and the concerned agency has to transfer the relevant
documents and records in respect of such offences to the Serious Fraud Investigation
Office.
Areas of jurisdiction are listed in the 7th Schedule of the Indian Constitution
The Serious Fraud Investigation Office (SFIO) has the power to arrest people who
violate the company’s law.
The director, as well as additional or assistant director level officials at the SFIO, have
the authority to arrest a person if they believe that the person guilty of any offence with
regard to the case being probed, provided there is a written complain of the offence.
The responsible authority for all the decisions relating to the arrest is the Director of
SFIO.
If a person is caught in connection with the government or foreign company under
investigation, it is important that prior approval of the central Government is provided to
the SFIO.
Central Bureau Of
Investigation (CBI)
The CBI was established as the Special Police Establishment in 1941, to investigate
cases of corruption in the procurement during the Second World War.
Later, the Santhanam Committee on Prevention of Corruption recommended the
establishment of the CBI. The CBI was then formed by a resolution of the Home Affairs
Ministry. The Ministry of Personnel, later on, took over the responsibility of the CBI and
now it plays the role of an attached office.
Functions of CBI
The CBI is the main investigating agency of the GOI. It is not a statutory body; it
derives its powers from the Delhi Special Police Establishment Act, 1946.
Its important role is to prevent corruption and maintain integrity in administration. It
works under the supervision of the CVC (Central Vigilance Commission) in matters
pertaining to the Prevention of Corruption Act, 1988.
Investigate cases connected to infringement of economic and fiscal laws, i.e., breach
of laws concerning customs and central excise, export and import control, income tax,
foreign exchange regulations, etc. But cases of this nature are taken up by the CBI
either at the request of the department concerned or in consultation with the concerned
department.
Investigate crimes of a serious nature, that have national and international
ramifications, and committed by professional criminals or organised gangs.
To coordinate the activities of the various state police forces and anti-corruption
agencies.
At the behest of a state govt., the CBI can also take up any case of public importance
and investigate it.
Maintaining crime statistics and disseminating criminal information.
The CBI is India’s representative for correspondence with the INTERPOL.
The agency is dependent on the home ministry for staffing since many of its
investigators come from the Indian Police Service. The CBI also relies on the ministry
of law for lawyers and also doesn’t have functional autonomy to some extent.
The CBI, run by IPS officers on deputation, is also vulnerable to the government’s
ability to manipulate the senior officers because they are dependent on the Central
government for future postings.
Since police is a State subject under the Constitution, and the CBI acts as per the
procedure prescribed by the Code of Criminal Procedure (CrPC), which makes it a
police agency, the CBI needs the consent of the State government in question before it
can make its presence in that State. This can lead to certain cases not being
investigated and seeing a silent deadlock. Recently, states like Andhra Pradesh
(consent is again given after change of government in-state) and West Bengal
withdrew consent.
CBI which investigates cases of national importance has been censured for its
mishandling of several scams owing to political pressure. It has also been denounced
for interfering in the investigation of prominent politicians, such as Jayalalithaa, P. V.
Narasimha Rao, Lalu Prasad Yadav, Mulayam Singh Yadav and Mayawati; this tactic
leads to their acquittal or non-prosecution. Some of the examples in which CBI was
misused are the Hawala scandal, Bofors scandal, 2G spectrum scam, coal scam and
so on.
Financial independence is vital for the functioning of any organization.
Special Crimes – for investigation of serious and organized crime under the Indian
Penal Code and other laws on the requests of State Governments or on the orders of
the Supreme Court and High Courts – such as cases of terrorism, bomb blasts,
kidnapping for ransom and crimes committed by the mafia/the underworld.
Economic Crimes – for investigation of major financial scams and serious economic
frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and
Cyber Crime, bank frauds, Import Export & Foreign Exchange violations, large-scale
smuggling of narcotics, antiques, cultural property and smuggling of other contraband
items etc.
Anti-Corruption Crimes – for investigation of cases under the Prevention of
Corruption Act against Public officials and the employees of Central Government,
Public Sector Undertakings, Corporations or Bodies owned or controlled by the
Government of India.
Suo Moto Cases – CBI can suo-moto take up investigation of offenses only in the
Union Territories.
The Central Government can authorize CBI to investigate a crime in a State but
only with the consent of the concerned State Government.
The Supreme Court and High Courts, however, can order CBI to investigate a
crime anywhere in the country without the consent of the State.
Issue of Consent:
Since police is a State subject under the Constitution, and the CBI acts as per the
procedure prescribed by the Code of Criminal Procedure (CrPC), which makes it a
police agency, the CBI needs the consent of the State government in question before it
can make its presence in that State. This can lead to certain cases not being
investigated and seeing a silent deadlock. Recently, states like Andhra Pradesh
(consent is again given after change of government in-state) and West Bengal
withdrew consent.
There are two kinds of consent:
case-specific and general– Given that the CBI has jurisdiction only over central
government departments and employees, it can investigate a case involving state
government employees or a violent crime in a given state only after that particular
state government gives its consent.
“General consent” is in general, provided to aid the CBI easily perform its
investigation into cases of corruption against central government employees in the
concerned state. Almost all states have given such consent. Or else, the bureau
would need consent in all cases.
As per Section 6 of the Delhi Special Police Establishment Act,1946, the state
governments can withdraw the general consent accorded.
The CBI would still have the authority to probe old cases registered when general
consent existed. Also, cases registered elsewhere in India, but involving people
stationed in states which have withdrawn consent, would allow CBI’s jurisdiction to
extend to these states as well.
Withdrawal of consent will only bar the CBI from registering a case within the
jurisdiction of states which have withdrawn consent. But, the CBI could still file cases in
Delhi and continue to investigate people inside such states.
Director of CBI
CBI Autonomy
In the infamous Coalgate scam case, the Supreme Court raised the question of the
bureau’s independence and said that “The CBI has become the state’s parrot. Only
screaming, repeating the master’s voice” The SC had then asked the Centre to make the
CBI impartial and said it needs to be ensured that the CBI functions free of all external
pressures.
According to the Companies Act of 2013, the National Financial Reporting Authority (NFRA)
is responsible for making recommendations in accounting and auditing standards. It also
oversees the Quality of Service provided by the accounting and audit professions.
It has also been given the power to investigate matters of professional misconduct by
chartered accountants or CA firms, impose a penalty and debar the CA or firm for up to
10 years.
It is stated in the Act that “no other institute or body shall initiate or continue any
proceedings in such matters of misconduct where the National Financial Reporting
Authority has initiated an investigation.”
It is expected that the NFRA’s functioning would result in improved domestic and
foreign investments, improved economic growth, assistance in the development of the
audit profession and supporting the globalisation of business through compliance with
international practices.
NFRA Members
The NFRA is composed of one Chairperson, three full-time Members and one Secretary.
The chairperson shall be a person of eminence and having expertise in accountancy,
auditing, finance or law to be appointed by the Central Government.
The jurisdiction of NFRA for investigation of CAs and their firms under Section 132 of the
Companies Act would extend to large public companies that are not listed (threshold
prescribed in the rules) and listed companies.
It is at the discretion of the Central Government to refer such other entities for
investigation, involving public interest.
Under the provision of the Chartered Accountant Act of 1949, the essential role of ICAI
(Institute of Chartered Accountants of India) will continue in respect of its members in
general and explicitly concerning audits about private limited companies, and public
unlisted companies below the threshold limit to be notified in the rules.
ICAI would continue playing the advisory role with respect to accounting and auditing
standards and policies through recommendations to the NFRA.
Quality audit with respect to public companies that are not listed and are below the
prescribed threshold, private companies that are listed and those companies delegated
by the NFRA would be continued to be done by the Quality Review Board (QRB).
NFRA Benefits
India gains eligibility for IFIAR (International Forum of Independent Audit Regulators),
which was denied earlier, resulting in enhancing the confidence of Foreign/Domestic
investors and India’s position on a global scale.
Increase in foreign/domestic investors.
Economic growth. (Learn about economic growth and development in the linked
article.)
IFIAR eligibility proves our international standards of business, further supporting
globalization.
Further development of the auditing profession.
Establishment of NFRA will free resources for the ICAI to work on developing new and
complex skills needed in the uncertain world of technology.
Competition is the best means of ensuring that the ‘Common Man’ or ‘Aam Aadmi’ has
access to the broadest range of goods and services at the most competitive prices. With
increased competition, producers will have maximum incentive to innovate and specialize.
This would result in reduced costs and wider choice to consumers. A fair competition in
market is essential to achieve this objective. Our goal is to create and sustain fair
competition in the economy that will provide a ‘level playing field’ to the producers and
make the markets work for the welfare of the consumers.
The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007,
follows the philosophy of modern competition laws. The Act prohibits anti-competitive
agreements, abuse of dominant position by enterprises and regulates combinations
(acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable
adverse effect on competition within India.
It is the duty of the Commission to eliminate practices having adverse effect on competition,
promote and sustain competition, protect the interests of consumers and ensure freedom of
trade in the markets of India.
Vision
Mission
Objective:
1. The Prevention of Money Laundering Act, 2002 (PMLA):
It is a criminal law enacted to prevent money laundering and to provide for confiscation of
property derived from, or involved in, money-laundering and for matters connected
therewith or incidental thereto. ED has been given the responsibility to enforce the
provisions of the PMLA by conducting investigation to trace the assets derived from
proceeds of crime, to provisionally attach the property and to ensure prosecution of the
offenders and confiscation of the property by the Special court.
This law was enacted to deter economic offenders from evading the process of Indian law
by remaining outside the jurisdiction of Indian courts. It is a law whereby Directorate is
mandated to attach the properties of the fugitive economic offenders who have escaped
from the India warranting arrest and provide for the confiscation of their properties to the
Central Government.
The main functions under the repealed FERA are to adjudicate the Show Cause Notices
issued under the the said Act upto 31.5.2002 for the alleged contraventions of the Act which
may result in imposition of penalties and to pursue prosecutions launched under FERA in
the concerned courts.
Under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,
1974 (COFEPOSA), this Directorate is empowered to sponsor cases of preventive
detention with regard to contraventions of FEMA.
Composition:
It is composed of officers from the Indian Revenue Service, Indian Police Service and the
Indian Administrative Service as well as promoted officers from its own cadre. In addition to
directly hiring people, the Directorate also draws officers from different Investigating
Agencies, viz., Customs & Central Excise, Income Tax, Police, etc. on deputation. The total
strength of the department is less than 2000 officers out of which around 70% of officials
came from deputation from other organizations while ED has its own cadre, too.
Headquarter:
The Directorate of Enforcement has its headquarters in New Delhi. There are five regional
offices at Mumbai, Chennai, Chandigarh, Kolkata and Delhi headed by Special Directors of
Enforcement.