The government is planning an overhaul of transaction of business rules to empower the proposed National Investment Approval Board (NIAB), which is meant to fast-track decisions concerning big projects. This means the NIAB will have overarching powers, obviating "mandatory consent" of ministries including finance, law and personnel & training in approving any large infrastructure project.
Government sources said this would drastically reduce the time taken in approving or rejecting a project. It would a major relief to Corporate India planning investments and would help the government realise the objective of boosting the investment rate and capital formation.
In a note being prepared for consideration of the Union Cabinet, the finance ministry's department of economic affairs cited the need to amend the business rules for NIAB to function effectively.
Currently, ministries and departments give various approvals under authority granted through the Transaction of Business Rules, 1961.
The key rule to be amended is Rule 4, which says: “When the subject of a case concerns more than one department, no decision be taken or order issued until all such departments have concurred or, falling such concurrence, a decision thereon has been taken by or under authority of the Cabinet.”
It is often difficult for all departments to concur on any particular project proposal. Rejection by even a single department can put the entire project in limbo.
The government plans to overcome this regulatory challenge by empowering NIAB.
The finance ministry's draft note says that these rules often lead to inordinate delays in approving projects. “While the Transaction of Business Rules themselves should not be the cause of inordinate delay, it is our experience that the manner in which the said Rules have been understood and observed leads to inordinate delay,” the ministry's note on NIAB said.
The note adds: “It is, therefore, felt necessary to revisit the present arrangement regarding the Allocation of Business and Transaction of Business and either amend or supplement the Rules to facilitate speedier decision making in the case of critical projects, particularly infrastructure projects.”
The changes would allow NIAB to dispose a matter pertaining to a particular ministry as if the said business has ben allocated