Wednesday, 23 June 2021

Cheaper in Gujarat ? – At least for Now

During past couple of years, a number of States have announced their ELECTRIC VEHICLE POLICY

Only a few days back, there was news that Maharashtra is already working on its EV Policy – V 2.0

I even sent an e-mail, suggesting incorporation of some suggestions in the DRAFT under preparation

( Source : Congratulations / 19 June 2021 )

Copies of my mail were ( as always ), also marked for all State Chief Ministers – including Shri Vijaybhai Rupaniji ( CM – Gujarat )

Today came the news that Gujarat too has revised its EV Policy – and already announced !

The News Reports :

With New Policy, EVs set to become cheaper in Gujarat / Eco Times / 23 June

Gujarat gives R 870 cr push to EV, charging infra / Business Line / 23 June

Extract :

Ø The Gujarat Electric Vehicle Policy 2021 provides for subsidy of up to,

# Rs 20,000 on EVs in the two-wheeler category,

# Rs 50,000 for three-wheelers, and up to

# Rs 1.5 lakh for cars

The subsidy amount will be directly credited ( DBT ) to the bank accounts of the buyers . This will be in addition to the benefits announced by the Centre under FAME

Ø Gujarat's subsidy for EVs stands at Rs 10,000 per kilowatt, the highest for any State.

Ø Capital incentive of up to Rs 10 lakh or 25 per cent capital subsidy of the project cost, is to be provided for development of charging stations. “ This will take the total charging stations in the stat to more than 500 “ , Saurabh Patel, State Energy Minister said

Ø Welcoming the Gujarat government's announcements, Shailesh Chandra, President, Passenger Vehicle Business, Tata Motors, said, " We compliment the Gujarat government for introducing such a progressive policy."

Ø Tata Motors has two electric models - Nexon EV priced at approx Rs 15 lakh and Tigor EV priced at Rs 11.77 lakh - on road in Ahmedabad.

Ø DG, Society of Manufacturers of Electric Vehicles (SMEV), Sohinder Gill, said, "We are excited to be part of this journey and would put in every effort towards achieving the state government’s target under the policy. The policy also gives a thrust to charging infrastructure that would address the issue of range anxiety, especially amongst people who want to buy an electric four-wheeler."

Ø The CEO of Mahindra Electric Mobility Ltd, Mahesh Babu, said the policy announcement was progressive and comprehensive as the fiscal benefits would directly benefit the end-customer. while the non-fiscal benefits would help develop the overall EV ecosystem in the State. "The outlay of Rs 870 crore over the next four years will help EVs flourish in Gujarat. The policy outlines clear adoption strategies, especially in the last mile mobility segment. Mahindra is eager to deploy products like the Treo three-wheeler range, which will help customers earn more given its lower operating cost and will help Gujarat become one of the leading States in EV adoption in the country."

Ø Tarun Mehta, co-founder and CEO of two-wheeler maker, Ether Energy, in a twitter post said, "Gujarat might just go from having the most expensive EVs in the country to the cheapest in one policy change today."

Ø The subsidy works out to about,

# Rs 29,000 for the Ather 450

# Rs 20,000 for the Hero Electric Optima

# Rs 300,000 for the Tata Nexon EV SUV

===================================================

I assume that the figures of subsidy mentioned above , are those offered by Gujarat’s New Policy and , are in addition to the Central Govt subsidies under FAME II

If my assumption is correct , then following picture emerges

HOW MUCH HAVE EV PRICES COME DOWN AFTER CENTRAL + STATE SUBSIDIES ?

Type / Model of EV	Battery Kwh	Normal Sale price	Subsidy under FAME II	Add Subsidy by Guj Policy	Total Subsidy	Price after total Subsidy

2 Wheeler			Rs 15,000 per Kwh
Ø Ather 450		1.44 L		29,000
Ø Hero Optima		0.67 L		20,000

3 Wheeler



4 Wheeler Car
Ø Nexon EV SUV	30.2	15.0 L	3.0 L ( ? )	3.0 L	6.0 L ( ? )
Ø Tigor EV		11.8 L	2.15 L	?

I urge Shri Rupaniji, to get someone to find / fill up the missing figures ( and for all makes / models of EV under manufacture in India ) – then publish such a COMPARATIVE STATEMENT , for promoting Gujarat EV Policy V 2.0

If he does, there is every possibility that all State CMs will compile / publish , similar tabulations

Then again, how about NITI Aayog or Shri Nitin Gadkariji or SMEV ( Society for Manufacture of Electric Vehicle , get this done to promote EV in India ?

I am sure every EV dealer must have compiled such a tabulation for convincing the buyers . May be EV manufacturers have prepared / supplied such tabulations to their dealers

With regards,

Hemen Parekh / hcp@RecruitGuru.com / 23 June 2021

FAME II > FAME III > FAME IV ………………………..[ 05 March 2019 ]

Tuesday, 22 June 2021

Confused ? Confounded ?

Context :

Govt toughens rules for e-commerce giants / HT / 22 June 2021

Extract :

The draft rules, framed under the Consumer Protection Act 2020, the flagship consumer-rights law, will apply to “ all models of e-commerce, including marketplace and inventory models of e-commerce ”.

Ø The new draft proposes an updated definition of

# what constitutes an e-commerce entity,

# cross-selling, which refers to sale of additional goods related to a

purchase already made, and

# fall-back liability, which essentially increases the liability of e-commerce

platforms.

Ø The draft rules, which will be open to public comments until July 6, defines an e-commerce entity as

# any person who “owns, operates or manages digital or electronic facility

or platform for electronic commerce” and

# any “related party”, as defined under the Companies Act, 2013,

But “ does not include “,

# a seller offering his goods or services for sale on a marketplace e-

commerce entity”.

This enhances the liability of e-commerce companies for goods and services delivered on their platforms.

Ø The draft rules outlaws

# flash sales

# instant, unannounced sales that usually accompany discounts—that are

manipulated to give advantage or preferential treatment to a particular

seller or a group of sellers.

Ø “Conventional flash sales are not banned. The proposed amendments aim to bring transparency.

Ø Cross-selling, which involves additional offers for other goods once a particular item has been purchased, should have “adequate disclosures” for buyers.

Ø The draft rules also seek to protect consumer data by prohibiting e-commerce firms from making “available any information pertaining to the consumer to any person other than the consumer without the express and affirmative consent of such consumer”.

===================================================

MY OBSERVATIONS :

While welcoming some clarification ( in respect of a DEFINITION of E Commerce ) which might make the job of the Courts somewhat easier while interpreting , I am afraid we have not heard the last word on this subject.

Over past 6 years, in my following 22 e-mails, I had posed some questions in respect of a DEFINITION of E Commerce, which remain unanswered in the just released Draft Rules ! :

2015 ( 4 )

Defining E – Commerce [ 14 July 2015 ]

If You cannot lick them ; Join them [ 24 July 2015 ]

WHO WILL OBSOLETE WHOM ? [ 20 Aug 2015 ]

E - Commerce is Easy Commerce ! [ 15 Nov 2015 ]

2016 ( 3 )

Lessons from History ? [ 07 Jan 2016 ]

One Day , Everything will Sell Online ! [ 29 Mar 2016 ]

Missing the Woods for the Tree ? [ 12 Aug 2016 ]

2017 ( 3 )

Level-Playing Field is a Double Edged Sword ! [ 8 Feb 2017 ]

A New Way to E-Way ? [ 15 July 2017 ]

3 Laws of E – Commerce [ 04 Dec 2017 ]

2018 ( 2 )

Ø E Commerce Definition : a Space Ship ? ……[ 05 July 2018 ]

Ø The E Commerce Elephant …………………………….[ 02 Aug 2018 ]

2019 ( 3 )

Weave a Wondrous World [ 20 Jan 2019 ]

L 11(Factorial Eleven)=11x10x9x8x7x6x5x4x3x2x1= 39.92 Million definitions / mutations of E Commerce ?

Innovation Nation ? [ 29 Jan 2019 ]

E Commerce Story is unfolding [ 16 Feb 2019 ]

2020 ( 3 )

Ø It is about time ……………………………………………….[ 18 July 2020 ]

Ø Autobiography of an Appliance ………………………[ 22 June 2020 ]

Ø Origin of Everything ?..................................[ 26 July 2020 ]

2021 ( 1 )

Ø Thank You, Piyushbhai Goyalji,……………………….[ 22 Jan 2021 ]

===================================================

23 June

Extract :

Ø The Centre’s clarification on Monday, allowing e-commerce portals to conduct conventional sale events while disallowing “only specific flash sales or back-to-back sales”, compounded confusion among e-tailers, brands and sellers, according to multiple people who spoke to ET on the developments.

Amendments to e-Commerce rules to bring in more accountability : Govt / Business Line / 23 June

Extract :

Ø Ankur Pahwa, e-commerce sector National Leader, EY, India said :

( ankur.pahwa@in.ey.com / ankurpahwa@hotmail.com )

“ While regulations are certainly needed to govern the e-commerce channel, they need to be devised comprehensively and holistically, be consistent in their application to various retail channels and finally be governed by a single law vs various regulations and notifications “

Ø Nakul Batra, Associate Partner at DSK Legal, said :

( nakul.batra@dsklegal.com )

“ Greater liability of the e-commerce entities have been proposed by referring provisions of Competition Act, 2002, introducing concept of related party and associated enterprises, fall-back liability etc. which will compel the e-commerce entities to re-evaluate their business model “

Ø Supratim Chakraborty, Partner at Khaitan & Co, added :

( supratim.chakraborty@khaitanco.com )

“ The amendment to the e-commerce rules have proposed to empower consumers with the ability to provide their express and affirmative consent with regard to sharing of their data being collected by the e-commerce platform.

Such consent cannot be obtained through mechanisms such as pre-ticked boxes.

While these may pose operational challenges to the e-commerce platforms, the government is willing to make that trade-off, in order to ensure that e-commerce platforms can be held accountable to its multiplying consumer base in India “

( My Take :

Dear Shri Ravishankar Prasadji,

I get a feeling that in an indirect way, the Govt is telling the E-Commerce companies :

For sharing ( euphemism for “ Selling “ ? ) a use’s data collected by you,

you will compensate the concerned user.

If consumer grants you permission to collect his DATA ( using which, you

make a ton of money ), then you shall share with him the ( advt / sales )

revenue , as described in great detail at :

Digital Dividend from Demographic Data [ 4 D ]

[ 14 Feb 2019 ]

SARAL ( Single Authentic Registration for Anywhere Login )

[ 10 Feb 2019 ]

Dear Shri Prasadji,

It is high time,

Ø We stop beating around the bush and do some plain-speaking

Ø We tell E-Comm companies that Data belongs to the User ( ownership ) and he has right to SELL it

Ø You ( the E-Commerce Companies / Foreign or Domestic ) must “ BUY “ that data from users

Ø You can operate in India and sell to Indians, only on such a CONTRACTUAL OBLIGATION

With regards,

Hemen Parekh / hcp@RecruitGuru.com / 23 June 2021

==================================================

Why E-commerce Is Upset Over New Draft Rules: A quick guide to the latest chapter in the long-running regulatory drama / TOI / 23 June

Extract :

Ø First, new draft rules were not issued by commerce and industry ministry. Consumer affairs ministry issuing the draft…That is, make draft rules appear to not be a product of online-offline battle.

Ø Second, unlike the last set of rules issued by commerce ministry this draft doesn’t distinguish between foreign and domestic e-commerce. So, new rules, if adopted, will apply to Amazon and Flipkart as well as to, say, Reliance’s and Tata’s e-commerce ventures

What are the biggest confusions?

Ø First, flash sales. Late on Monday GoI issued a clarification that flash sales were not banned, as stated in the notification…E-commerce players are unclear what a ‘conventional’ flash sale would entail.

Ø Second, draft rules said no related parties and associated enterprises should be listed as sellers on marketplaces…Do new rules mean any shareholding by e-commerce companies in any seller is now banned? Or are there other definitions of being related parties?

Ø Basically, that e-commerce companies will be held responsible as if they were sellers themselves. To take an example from brick and mortar space, this is almost akin to holding a market responsible for any fault of any shop in that market

=================================================

Monday, 21 June 2021

Where Angels Fear to Tread ?

Context :

Draft Rules for Live-Streaming Court Proceedings / 09 June 2021

Extract :

§ Draft Rules

o Telecast of Proceedings

All proceedings in high courts can be telecast except for cases relating to matrimonial disputes, gender-based violence, those involving minors and “cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to result in a breach of law and order”.

o Deciding Authority

The final decision as to whether or not to allow the Live-streaming of the Proceedings or any portion thereof will be of the Bench, however, the decision of the Bench will be guided by the principle of an open and transparent judicial process.

The decision of the Bench shall not be justiciable.

o Allow Objections

The rules allow for objections to be filed against live streaming in specific cases at the stage of filing of the case or at a later stage.

o Record of Proceedings

The draft rules allow for archiving of court proceedings for six months.

The use of authorised recordings in their original form may be

permitted by the court, inter-alia to disseminate news and for

training, academic and educational purposes.

o Restrictions

Discussion amongst judges, notes made by judges during

hearings or communication between the advocate and her

client will neither be telecast live nor archived

The rules also prohibit recording or sharing the telecast on

media platforms, including social media and messaging platforms,

unless authorised by the court.

Recordings will not be used for commercial, promotional

purposes or advertising in any form.

Dear Supreme Court,

You have sought responses from stakeholders and the general public

I have already expressed my “ Reservations “ re: viability of this initiative, vide my following earlier e-mails :

Ø Live Streaming of Court Proceedings ………….[ 09 Nov 2020 ]

{ contains an alternative }

Earlier, you have also “ ordered “ installation of CCTV cameras in all Police Stations / offices of CBI – NIA – ED etc

Here too, I have expressed “ unviability “ of this order , through my following e-mail :

Ø Supreme Surveillance Solution ? …………………..[ 05 Dec 2020 ]

Whereas “ Transparency “ in dealings of the Government Officers vis-à-vis general public, is highly desirable, I recommend a long-drawn out , stage-wise approach

The “ highly undesirable attitude “ towards members of the public ( especially the dreaded “ Third Degree “ method of obtaining “ confessions “ ) which has become ( almost ) “ institutionalized “ over past 70 years, is difficult to change overnight . If a sudden change is forced, there will be attempts to sabotage the hardware / software / the system

With regards,

Hemen Parekh / hcp@RecruitGuru.com / 22 June 2021