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Scope of the application of doctrine of identification to company law in India

In H.L. Bolton Company v. T.J. Graham & Sons, Lord Denning explained the position and
said that the company could in many terms be equated with a human body. They do have a
brain and a nervous centre which controls the entire body. They have people as their hands
and legs, under instructions of whom work of the nervous centre is carried out.

Vijpreet Pal

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INTRODUCTION

The concept of Doctrine of Identification finds its roots in the English Law. The growth of this doctrine has helped in the implication and prosecution of the criminal activities of directors/ managers of many companies. The corporate personality of a company is different and separate from the promoters, directors or owners of the company. This is a widely known principle in law and has its source in the celebrated case of Solomon v. Solomon. In this case, the Court held that the corporate entity is different from the people who are in the business of running of the company. The misuse of this principle led to “Lifting of the Corporate Veil” wherein the shareholders or creditors of the company are protected if the company is engaged in any fraud or other criminal activities.

A corporate entity can sue and be sued in its own individual name. In criminal cases, the company can be prosecuted against but it is quite ineffectual as the company cannot be punished with imprisonment or death. The only punishment that can be levied on the company is by way of fine, which at times is quite minimalistic. The question then raised is whether a company can ever be prosecuted for criminal offences and be punished with more than just a monetary fine.

EVOLUTION OF THE DOCTRINE OF IDENTIFICATION

The 1940s saw the emergence of a new mechanism to impute criminal liability to Corporations in the form of the “identification principle.” Until the 1940s, the courts stuck firmly to the view that it was inappropriate to bring a prosecution against a Company for common law offences requiring proof of a subjective mental element. However, through the 1940s it was observed in a variety of cases that a Company is capable of being malicious, can intend to deceive and can conspire.

First, was the case of DPP v. Kent and Sussex Contractors, in which the Company was charged under the Defence (General) Regulations, 1939 of making use of a document which was false in a material particular and making a statement which they knew to be false in a material particular, with an ‘intent to deceive.’ The Company was made liable.

Next, was the case of R v. ICR Haulage Ltd., in which the Company was charged and found guilty for ‘conspiring to defraud’ and thirdly, was the case of Moore v. Bresler, in which the Company faced charges for embezzlement and tax evasion under the Finance Act No. 2, 1940.

Among the three, the most important was the case of R v. ICR Haulage, since it was the only case among the three to deal with a nonstatutory offence.

In H.L. Bolton Company v. T.J. Graham & Sons, Lord Denning as explained the position and said that the company could in many terms be equated with a human body. They do have a brain and a nervous centre which controls the entire body. They have people as their hands and legs, under instructions of whom work of the nervous centre is carried out. Lord Denning equated the brain and nervous system to the directors and managers who represent the directing will of the company. He held that:

“The state of mind of these managers is the state of mind of the company and is treated by law as such. So also in the criminal law, in cases where the law requires a guilty mind as a condition of a criminal offence, the guilty mind of the directors or the managers will render the company themselves guilty.”

 In the celebrated case of Tesco Supermarkets Ltd. v. Nattrass, the Appellant was marketing a packet of washing powder at a price lower than the market price, but the Defendant did not find the packet of washing powder at the reduced price, as advertised. The Defendant therefore filed a complaint under the Trade Descriptions Act, 1968. One Mr. Clemant of the Appellant was in charge of the packets with the reduced price being displayed in the store. Lord Reid discussed the law relating mens rea and the importance of the same in criminal law.

“A living person has a mind which can have knowledge or intention or be negligent and he has hands to carry out his intentions. A corporation has none of these: it must act through living persons, though not always one or the same person. Then the person who acts is not speaking or acting for the company. He is acting as the company and his mind which directs his acts is the mind of the company. There is no question of the company being vicariously liable. He is not acting as a servant, representative, agent or delegate. He is an embodiment of the company or, one could say, he hears and speaks through the persona of the company, within his appropriate sphere, and his mind is the mind of the company. If it is a guilty mind then that guilt is the guilt of the company. It must be a question of law whether, once the facts have been ascertained, a person in doing particular things is to be regarded as the company or merely as the company’s servant or agent. In that case any liability of the company can only be a statutory or vicarious liability”

Lord Reid also discussed which people can be ‘identified’ with the company. He stated that the main considerations are the relative position he holds in the company and the extent of control he exercises over its operations or a section of it without effective superior control. In this case, it was held that the shop manager could not be identified with the company.

In Meriden Global Funds Management Asia Ltd. V. Securities Commissioner, Lord Hoffman discussed the principle of identification and stated that if an employee had be considered the ‘directing mind and will’ of the company, the employee should have the authority to act as he did. In the same case, the Court in its obiter stated that conviction of a smaller company is easier (on application of this principle) because the relationship between the culprit and the company can be identified with more ease and certainty. That is not the case in larger companies.

 In Lennard’s Carrying Co. v. Asiatic Petroleum Co., Viscount Haldane propounded the “alter ego” theory and distinguished that from vicarious liability. The House of Lords stated that the default of the managing director who is the “directing mind and will” of the company, could be attributed to him and he be held for the wrongdoings of the company. It was famously stated that:

“a corporation is an abstraction. It has no mind of its own any more than a body of its own; its active and directing will must consequently be sought in the person of somebody who for some purposes maybe called an agent, but who is really the directing mind and will of the corporation, the very ego and centre of the personality of the corporation.”

There was a different view taken in Tesco Stores Ltd. V. Brent London Borough Council wherein a store clerk sold a over -18 video to an underage customer. The Court noted that Doctrine of Identification could not be applied here and the company was hence not liable. The reason for this decision was that in a large company, the senior management could not be expected to know each and every customer and whether the customer was a minor or not. In that event to locate a person for this knowledge was hence impossible and the doctrine of identification was hence inapplicable in this case.

 Again in R v. Redfern & Dunlop Ltd. (Aircraft Division), the Court held that where the employees who were not in the decision making level could not be ‘identifiable’ with the company and therefore were not deemed to be the controlling mind of the company. The question that comes up is that if a person at a lower level commits a crime in the name of the company, the company cannot be held liable for the same. This may pose to be a problem in the sense that the company may make a division between the senior management and the employees to avoid criminal proceedings against them.

SCOPE IN INDIA

We are also going to examine the growth and importance of the Doctrine of Identification in Indian Law during the recent years. The most recent judgment of the Supreme Court in the Reliance Natural Resources Limited v. Reliance Industries Limited, discusses the Doctrine of Identification. This case is a dispute over two brothers namely Mukesh Ambani led RIL and Anil Ambani led RNRL. After the death of their father Mr. Dhirubhai Ambani, the entire Ambani Group of Companies was divided between the two brothers. An arrangement was reached between the parties, with their mother as the mediator. Mukesh Ambani had in this family arrangement, made certain concessions on behalf of the RIL, which RNRL had sought to rely upon in the present case.

The Bombay High Court in its judgment held that Mukesh Ambani being the majority shareholder of the company was hence the ¨controlling mind and will¨ of the company. The observation of the judges was that in the Identification Doctrine, the company was “identified with such key personnel through whom it works”. These “key personnel” were described to be the alter ego of the company and their actions were deemed to be the actions of the company itself.

The Supreme Court overruled the judgment of the Bombay High Court in respect of the Identification Doctrine. It observed that the family arrangement was between three parties namely the mother and the 2 sons.

The legal entity of the company was different than the individual entity and in the present case, the company having more than a million shareholders, one person could not be said to have had the knowledge with respect to the company, which knowledge he had in his personal capacity. The court discarded this doctrine on the fact that the facts of the case did not fall into their preview.

The other Indian cases where the Courts have followed the doctrine of identification are Union of India v. United India Insurance Co. Ltd. and others and Assistant Commissioner, Assessment –II, Bangalore and others v. Velliappa Textiles Ltd. & Ors.

 The first case was about an accident that occurred at an unmanned level railway crossing in Kerala when a hired vehicle was hit by a train passing through and passengers were injured and the driver was also killed. Claims were made by the injured and the relatives of the deceased and after many appeals, the case reached the Supreme Court. The question in that scenario was whether the passengers were to be held liable as the driver who was negligent was appointed or retained by them. The court discussed the principle of identification or imputation, in the present case whether the defendant can plead contributory negligence of the plaintiff or of an employee of the plaintiff where the employee is acting in the course of his business.

In the second case, the question was whether in the case of criminal misdemeanors, the employees can be charged with imprisonment or is the company is liable for fine and/or imprisonment. The Court held that the director / mangers of the company, who are the directing will and mind of the company, should be held liable. The case of U.S. Supreme Court in New York Central & Hudson River Railroad Company v. United States stated that.

 “It is true that there are some crimes which, in their nature, cannot be committed by corporation. But there is a class of offences, of which rebating under the Federal statutes is one, wherein the crime consists in purposely doing the things prohibited by statute. In that class of crimes we see no good reason why corporations may not be held responsible for and charged with the knowledge and purposes of their agents, acting within the authority conferred on them. If it were not so, many offences might go unpunished and acts be committed in violation of law where, as in the present case, the statute required all persons, corporate and private, to refrain from certain practices, forbidden in the interest of public policy.”

CONCLUSION

The directors/ managers try to avoid the penalty by taking the defense that the company being a separate legal entity, should be prosecuted separately. The problem that arises in particularly criminal cases is that, the punishment for the crimes are fine and / or imprisonment. If the offender is a company, only a monetary penalty can be imposed. This led to more offences being committed on the name of the company by the directors/ managers, who are protected under the “separate legal entity” theory.

By this doctrine of identification, those offenders are being held liable for the acts committed by the company. The main objective of the doctrine is to punish the people who are actually committing the crime who are the brain and mind of the company through which the crime is being committed.

The Bombay High Court in its judgment held that Mukesh Ambani being the majority shareholder of the company was hence the ¨controlling mind and will¨ of the company. The observation of the judges was that in the Identification Doctrine, the company was “identified with such key personnel through whom it works”. These “key personnel” were described to be the alter ego of the company and their actions were deemed to be the actions of the company itself

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Policy & Politics

THIRD ROUND OF INDIA-UAE CEPA NEGOTIATIONS DUE TO BEGIN IN DELHI ON MONDAY

Tarun Nangia

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Union Minister of Commerce and Industries, Consumer Affairs, Food and Public Distribution and Textiles, Piyush Goyal, met the representatives of Aluminium, Copper, and Chemicals and Petrochemicals Industry here today as part of the ongoing multi-stakeholder consultations related to the India-UAE Comprehensive Economic Partnership Agreement (CEPA) negotiations.

The third round of India-UAE CEPA negotiations are scheduled to be held in New Delhi on 06-10 December 2021 wherein both sides aim to conclude the negotiations. Shri Piyush Goyal apprised the representatives from the Industry about the importance of the CEPA in elevating the overall economic and commercial relations with UAE which in turn will not only benefit bilateral trade but also create new jobs and provide wider social and economic opportunities.

Providing a way forward on these discussions, Goyal appreciated the accommodative spirit of the Industry and urged the Industry representatives to continue to support the CEPA negotiations in the same spirit in the wider interests of the nation contributing to the holistic development of multi-sectoral economic value chains in the country.

The Minister also stressed on the potential benefits from the envisaged CEPA agreement for Industries which are labour intensive in nature and also on the numerous complementary spill-over economic benefits, including increased investments, job creation and employment opportunities. Further, industry representatives were also apprised of the strategic importance of the agreement which encompasses deeper bilateral economic engagement and wider market access.

The stakeholders expressed gratitude to the Minister for taking into consideration concerns of Indian Industry and provided constructive inputs on this matter with a view to ensure overall balance between market access and domestic sensitivities.

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Rice has a share of more than 45% in the total APEDA basket of exports in April-November 2021-22

India’s exports of agricultural and processed food products witness an increase of more than 13 per cent in the first eight months of current fiscal notwithstanding logistical challenges posed by COVID-19 pandemic

Tarun Nangia

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Notwithstanding logistical challenges posed by COVID19 pandemic, India’s exports of Agricultural and Processed Food products rose by more than 13 per cent in terms of USD in the first eight months of the current fiscal (April-November, 2021-22) compared to the same period of the previous year.






The export of products under the Agricultural and Processed Food Products Export Development Authority (APEDA) ambitincreased from USD 11,671 million in April-November 2020-21to USD 13,261 million in April-November 2021-22.

The target for exports under APEDA basket products has been fixed at USD 23,713 million in 2021-22.

The export of rice was the top forex earner at USD 5937 million during April-November 2021-22, growing 11 per cent over the corresponding period in 2020-21 when it touched USD 5,341million.

Meat, dairy and poultry products exports grew 12 per cent standing at USD 2665 million in April-November 2021-22compared to USD 2371 million in the corresponding eight-month period of 2020-21. Fruits and vegetables exports were up by 12 per cent to touch USD 1720 million during April-November 2021-22 against USD 1536 million in April-November 2020-21.

Exports of cereal preparations and miscellaneous processed items grew by 26 per cent during April-November 2021-22 to touch USD 1418 million against USD 1127 million in April-November, 2020-21. The cashew exports also grew by 29 per cent to USD 302 million in the first eight months of current fiscal compared to same period previous year.

The exports of oil meals declined by 12 per cent to USD 626 million in April-November, 2021-22, compared to same period in 2020-21.

Table: Agricultural and processed food products exports (April-November), 2021-22 vs 2020-21

Exports (April-November 2021-22) in USD million

Exports (April-November 2020-21) in USD million

Note: only oil meals exports declined Year-on-Year

The significant rise in agri-exports is seen as a testimony of the government’s commitment to increase farmers’ income through giving thrust on boosting exports of agricultural and processed food products of the country.

“We continue to focus on creating infrastructure for boosting exports by focusing on clusters in collaboration with state governments while taking into consideration objective of Agriculture Export Policy, 2018,” Dr M Angamuthu, Chairman, APEDA, said.

APEDA has been engaged with State Governments for the implementation of Agriculture Export Policy. Maharashtra, U.P., Kerala, Nagaland, Tamil Nadu, Assam, Punjab, Karnataka, Gujarat, Rajasthan, Andhra Pradesh, Telangana, Manipur, Sikkim, Uttarakhand, M.P., Mizoram and Meghalaya have finalized the State specific Action Plan for exports while the action plans of other States are at different stages of finalization.

The rise in export of agricultural and processed food products has been largely due to the various initiatives taken by APEDA such as organizing B2B exhibitions in different countries, exploring new potential markets through product specific and general marketing campaigns by active involvement of Indian Embassies.

APEDA has also taken several initiatives to promote geographical indications (GI) registered agricultural and processed food products in India by organizing virtual Buyer Seller Meets on agricultural and food products with the major importing countries across the world.

In order to ensure seamless quality certification of products to be exported, APEDA has recognized 220 labs across India to provide services of testing to a wide range of products andexporters.

APEDA also assists in upgradation and strengthening of recognized laboratories for export testing and residue monitoring plans. APEDA also provides assistance under the financial assistance schemes of infrastructure development, quality improvement and market development for boosting export of agricultural products.

APEDA organizes participation of exporters in the International Trade Fairs, which provides a platform to the exporters to market their food products in the global marketplace. APEDA also organizes national events like AAHAR, Organic World Congress, BioFach India etc. to promote agri-exports.

APEDA also initiates registration of pack-houses for horticulture products for meeting the quality requirements of the international market. Registration of export units for peanut shelling and grading and processing units, for instance, is to ensure quality adherence for the EU and non-EU countries.

APEDA carries out registration of meat processing plants and abattoirs for ensuring compliance with global food safety and quality requirements. Another key initiative includes development and implementation of traceability systems which ensure the food safety and quality compliances of the importing countries. For boosting exports, APEDA compiles and disseminates various international trade analytical information, market access information amongst exporters and address trade enquiries.

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PIYUSH GOYAL REVIEWS PREPAREDNESS FOR MITIGATION OF CYCLONE JAWAD

Public Private Partnership necessary for Disaster Management and mitigation and for protecting lives and livelihoods, said Goyal

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Piyush Goyal today reviewed preparedness for mitigation of cyclone Jawad.

Under the guidance of Prime Minister, Shri Narendra Modi, proactive disaster preparation and management are being institutionalized. Prime Minister has personally reviewed the preparation for Disaster Management and has also given instructions to various Ministries to work with State Governments, industry and all other stake holders to ensure minimal damage to life and property.

In line with these efforts, the Minister for Commerce and Industry, Consumer Affairs, Food and Public Distribution and Textiles, Shri Piyush Goyal today reviewed the arrangements and preparations made by the State Governments of Andhra Pradesh, Odisha and West Bengal today in a Video conference with the State Chief Secretaries concerned. National level Industry Associations like CII, FICCI, ASSOCHAM and PHD Chambers were also represented at the Conference.

The Minister took stock of the preparations being made by the respective State governments. He also reviewed the suggestions for successful mitigation made by Ministries, State Governments, industry bodies and other organizations and appreciated the concerted efforts being made to mitigate the cyclone. He said that this collaboration was a worthy example of cooperative federalism at its best. He also underscored the need for the drawing of a comprehensive action plan towards managing this natural disaster in a most effective way by incorporating the inputs and suggestions given by all stakeholders.

Goyal said that public private partnership is necessary for Disaster Management and mitigation and for protecting the lives and livelihoods of those affected. Observing that the cyclone seems to be a milder one, the Minister said that we must constantly upgrade our learnings and keep upgrading our capabilities. He also called for preparedness in the banking and insurance sectors to tackle the effects of the cyclone.

As per the Indian Meteorological Department (IMD), the low-pressure region in the Bay of Bengal is expected to intensify into Cyclone Jawad and is expected to reach the coast of north Andhra Pradesh – Odisha around the afternoon today, with the wind speed ranging up to 100 kmph.

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Job generation: Big scope for expansion of labour intensive plastic, footwear and textile sectors, says Goyal

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Piyush Goyal

Union Minister of Commerce & Industry, Consumer Affairs, Food & Public Distribution and Textiles, Piyush Goyaltoday called upon the captains of Indian Industry to set ambitious targets as our economy is poised for a sustained spell of rapid growth. Addressing the 5th Meeting of the CII National Council in New Delhi, he said the Industry has a huge role to play in the uplift of the poor and underprivileged.

Goyal encouraged the Industry to have a greater appetite for taking risks, to invest in Industries that may be less profitable at the start, but are labour oriented and create lakhsof jobs. He also urged the Industry to promote tribalhandicraft products as part of their CSR activities.

Goyal said there is big scope in the expansion of labour intensive Plastics, Footwear and Textiles industry. India cannot be truly Aatmanirbhar, without empowering its poor to be Aatmanirbhar, he added.

Goyal conveyed his appreciation for the Industry’s positive approach in FTA consultations. “Right now we are engaged in FTA negotiations with 6/7 countries,” he said. Citing India’s foreign trade as “very, very comfortable”,

Seeking accommodation in trade deals, Goyal said, “On our part, I believe, that it’s time that we engaged more with the world, we look at deeper engagement, – both imports and exports.” “If we (don’t) open our autos or spirits sectors, for example, it will open greater opportunities for India than the other way round,” he said.

Observing that 2020 has been a year of resilience for the Indian economy, Goyal said that in these unprecedentedtimes India has emerged as the ‘World’s Trusted Partner’ andis poised to contribute significantly to global growth. Policies of the Government in the last more than seven years, under the able leadership of the Prime Minister Shri Narendra Modi, have laid a solid foundation for growth of the Indian economy, he said.

Stating that all economic indices hinted at a fast growth trajectory, Goyal said India has Cost advantage as well as Trust advantage. “Services is growing at a fantastic pace, exports also are, of course on Merchandise,… Similarly remittances continue to be strong, FDI is at never before levels for the 7th time in a row, but this year the growth would be even much more, the capital markets are buzzing which means FII investments also and the IPO market is also gaining a lot of traction,” he said.

Goyal said the way we have fast bounced back since Covid, the way Industry geared itself up, Services sector, for example, reoriented their processes, Government supported Industry adopt WFH, we met all our international commitments throughout the Covid period including the lockdown. “Not for a second did any international supply chain, dependent on India, had to suffer, particularly the Services sector and for that matter even in the Goods sector,” he said.

Stressing that India is going through a sharp and strong revival, the Minister said that rising economic indicators point towards “India is shaping up for a growth decade.”

“Apna time aa gya (Our time has come)! This is the time to be in India & invest in India”, Shri Goyal said, adding “If we fail our Young Generation, it will be truly a sad day for India. We are at the cusp (of history). It’s our time to grab now, we’ll probably regret if we miss this opportunity.”

Goyal said that the Government is doing its part byundertaking transformational reforms such as PLI, PM GatiShakti, ODOP, Single Window, Retrospective tax amendment, National Asset Monetisation Pipeline, etc and opening up sectors like Defence, Space & Atomic Energy, Mining & Minerals, etc.

The Minister urged the top 100 CII members, that could comprise 1,000 companies, to onboard the NSWS Single Window clearance system and make full use of IILB Land Bank System. Resolving to use Indian materials to make a truly Aatmanirbhar Bharat, he said this will transform the future of India by making it self-reliant, resilient & competitive and will create jobs.

Shri Goyal said the Government has initiated several schemes for the benefit of the Industry and the public in general, including Power sector, One Nation, One Ration Card, world’s largest health insurance programme, – AyushmanBharat, UPI payments transfer and Jan Dhan banking for each and every home. “Government has focussed on saturating schemes,” he said.

Expressing confidence on the continuous Public-PrivatePartnership, Goyal said the Government is always thinking of how to empower the Industry and urged the entrepreneurs to come up with new ideas in nation-building.

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Share of agri-exports in GDP

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The year-wise details of value of India’s agri-exports of principal agri commodity group along with its share in our Gross Domestic Product (GDP) at current prices during last five years is as follows:

The agricultural products having exports of more than Rs 10,000 crore over the last five years is given in the table below. Last year we had 22.8% of growth in agri-exports with a share of 1.6% to GDP (highest in terms of growth and share in the last five years).

Source: DGCI&S, Kolkata and CSO, MoSPI

Source: DGCI&S, Kolkata

Government has taken several measures to boost exports, including agri-exports, such as:

(i) A comprehensive “Agriculture Export Policy” has been introduced toharness export potential of Indian agriculture and raise farmers’ income. Twenty One States viz. Maharashtra, U.P., Kerala, Nagaland, Tamil Nadu, Assam, Punjab, Karnataka, Gujarat, Rajasthan, Andhra Pradesh, Telangana, Manipur, Sikkim, Uttarakhand, M.P., Mizoram, Meghalaya, Tripura, Arunachal Pradesh and Himachal Pradesh and the 2 UTs vizLadakh and Andaman & Nicobar Islands have finalized the State specific Action Plans. State Level Monitoring Committees (SLMC) has been formed in 26 States and 4 UTs. 28 States & 4 UTs have nominated Nodal agencies for implementation of this AEPs. As part of the Agriculture Export Policy, 46 unique product-district clusters have been identified for export promotion. Twenty-Nine Cluster Level Committees have been formed in cluster districts of different clusters. Country and product-specific action plans have also been formulated to promote exports.

(ii) Products Specific Export Promotion Forums give impetus to the export of potential products as well as to remove the bottlenecks in the supply chain, Agricultural and Processed Food Products Export Development Authority (APEDA) has formed Export Promotion Forums (EPFs) under the Chairmanship of Chairman, APEDA and having representatives of Department of Commerce, Department of Agriculture, State Governments, National Referral Laboratories and top 10 leading exporters of each product for the products, viz., Grapes, Onions, Mango, Banana, Pomegranate, Floriculture, Rice, Dairy Products and Nutricereals.

(iii) 13 Agri-Cells in Vietnam, USA, Bangladesh, Nepal, UAE, Iran, Saudi Arabia, Malaysia, Indonesia, Singapore, China, Japan and Argentina were created in Indian embassies abroad to provide inputs on real time basis to enable us to improve Indian exports.

(iv) Further, In order to boost honey exports, India has made NMR (Nuclear Magnetic Resonance) testing mandatory for honey exported to USA.

(v) A Farmer Connect Portal has been set up for providing a platform for farmers, Farmer-Producer Organizations (FPOs) and cooperatives to interact with exporters. Buyer-Seller Meets (BSMs) have been organized in the clusters to provide export-market linkages. Regular interactions, through video-conferences, have been held with the Indian Missions abroad to assess and exploit export opportunities. Country specific BSMs, through Indian Missions, have also been organized.

(vi) Assistance provided through several other schemes to promote exports, including food export, viz. Trade Infrastructure for Export Scheme (TIES), Market Access Initiatives (MAI) Scheme, etc. In addition, assistance to the exporters of food products is also available under the export promotion schemes of APEDA, Tea Board, Coffee Board and Spices Board.

(vii) Government has also introduced a Central Sector Scheme –‘Transport and Marketing Assistance for Specified Agriculture Products’ – for providing assistance for the international component of freight to mitigate the freight disadvantage for the export of agriculture products.

(viii) Common Digital Platform for Certificate of Origin has been launched to facilitate trade and increase FTA utilization by exporters.

(ix) Active role of Indian missions abroad towards promoting our trade, tourism, technology and investment goals has been enhanced.

(x) Package announced in light of the COVID-19 pandemic to support domestic industry through various banking and financial sector relief measures, especially for MSMEs, which constitute a major share in exports.

This information was given by the Minister of State for Commerce and Industry, Anupriya Patel, in a written reply in the Rajya Sabha today.

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Policy & Politics

Share of India’s exports in annual GDP

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The details of exports of goods and services and Gross Domestic Product (GDP) at current prices, and percentage share of India’s exports to the GDP for the last five years and current year are as follows:

Source: National Accounts Division, CSO, MoSPI Note: RE: Revised Estimate, PE : Provisional Estimate

Source: National Accounts Division, CSO, MoSPI

The share of export of goods and services in GDP has increased to 18.7% during 2020-21 over 18.4% in 2019-20 and 21.7% in 2021-22 (April-September) over 19.4% in 2020-21 (April-September).

The details of the annual rate of growth of exports of goods and services and the corresponding annual rate of growth of GDP at current prices for the last five years and current year are as follows: This information was given by the Minister of State for Commerce and Industry, Anupriya Patel, in a written reply in the Rajya Sabha today.

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