DCA
OPPOSES CHANGES IN COMPANIES ACT TO SUIT ONE SECTOR
The Department of Company Affairs (DCA) has officially opposed
amending the Companies Act to enable the government to have
a golden share in private telecom companies.
The golden share
is meant to empower the government to veto any policy of a
telecom services company that may go against the interest
of national security.
The DCA has argued
that there is no need to amend the Companies Act to suit the
needs of just one sector. Government intervention for security
reasons can be worked into the license agreement that the
DoT signs with the telecom services company, officials said.
DCA's views will
be incorporated in the DoT note before it is placed before
the Cabinet. The DoT note, essentially, went into the question
of whether to raise the foreign investment limit in telecom
services companies from 49 to 74%.
A section of the
UPA government, supported by the Left, had expressed the view
that telecommunications was sensitive from the security standpoint
and higher foreign investment limit must be allowed with extreme
precaution.
The DoT, therefore,
prepared a fresh note stating the conditions on which higher
foreign investment may be allowed in telecom companies. One
condition stated by the DoT was that the government could
have a golden share in telecom companies allowing it to oversee
the company policies that might impinge on national security.
The DCA has argued
that company law amendments must deal only with macro reforms
in law.
In the past too,
the DCA has spoken against specifically legislating a golden
share in the context of privatisation of public sector companies.
This was mooted under the NDA regime when it was felt that
after privatisation the government could retain just one share
in PSUs giving it veto rights as and when needed. This was
considered necessary in the proposed privatisation of oil
companies.
Even then the Company
Affairs department had argued that there were provisions in
the Act allowing for differential voting rights, and so there
was no need for a golden share to be legislated.