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Background :

The Jan Vishwas (Amendment of Provisions) Bill, 2022 is a proposed legislation that seeks to make changes to the provisions of the Jan Vishwas Act, also known as the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 which is an Indian law that aims to provide relief to taxpayers by providing a one-time opportunity to settle outstanding tax disputes.

Introduction of the Bill :

This Bill has been introduced in the Lok Sabha by Union Minister of Commerce and Industry, Mr. Piyush Goyal in December 2022.

Purpose of the Bill:

The main purpose of the 108 page Jan Vishwas (Amendment of Provisions) Bill is to decriminalise 183 offences spread across 42 legislations administered by 19 Ministries and thereby enhancing and promoting the ease of doing business in India.

The bill proposes a number of changes to the existing laws, including but not limited to:

1. Decriminalizing Various offences

2. Revision of various Fines and Penalties

3. Appointment of Adjudicating Officers

4. Establishment of Appellate Authority

5. Increasing 10 % of minimum amount of fine and penalty levied after expiry of three years

Acts covered under the Act :

The various Acts covered in the Bill are Trade Marks Act 1999; Railways Act, 1989; Prevention of Money Laundering, 2002; Patents Act, 1970; Drugs and Cosmetics Act, 1940 amongst many others.

The Observer Research Foundation’s report titled Jailed for Doing Business found that there are more than 26,134 imprisonment clauses in a total of 843 economic legislations, rules and regulations which seek to regulate businesses and economic activities in India.

How will the Bill create an impact?

Firstly by reducing the burden on the Judicial and Quasi Judicial system.

Secondly this will positively impact the business mindset of the people as people are afraid to do business in India as even minor offences can lead them to being jailed.

Conclusion :

Overall the Jan Vishwas (Amendment of Provisions) Bill, 2022 aims to provide and expand business opportunities with a quick and effective resolution of various minor disputes while also ensuring that the government is able to collect penalties.

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I am a Dedicated and motivated Corporate Lawyer and a member of the Institute of Company Secretaries of India specializing in Company Law, Tax Laws, and IPR Laws, with a get-it-done, on-time, high-quality paperwork spirit. I also Seek challenging work assignments in a progressive, professional and View Full Profile

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June 2024