In Conversation with Panduranga Acharya, General Counsel, Zepto

Formative Years 

Mr Acharya, would you please tell our readers what motivated you to pursue law. 

I am a first-generation lawyer in our family. I didn’t know that I would become a legal professional and I always wanted to be an entrepreneur when I was young. I was involved in social service during my college days and hence have had an opportunity to assist lawyers, in connection with said work. I was quite impressed with the ability of lawyers in voicing their clients' interests. Thereafter I developed an interest in legal studies and eventually went on to pursue law. I am glad that I chose law and as I look back on my decision.

You started your career as an advocate. What prompted the change in career trajectory?

That's true, I started my career as a practising counsel and have practised in various courts, mostly in the High Court at Bengaluru. I was practising under the guidance of Advocate S A Shetty, who contributed in improving my drafting skills. I have thoroughly enjoyed my stint as practising counsel. I have worked for a Real Estate firm for a short period and that gave me a better sense of in-house profile. I found it more challenging and equally satisfying and was attracted to the in-house profile. The change was refreshing and I think the decade I started as in-house counsel had a lot to offer for my professional growth.     

Work as an In-House Counsel

Zepto is one of India's fastest-growing e-grocery businesses. Tell us a bit more about the company and your role as General Counsel. 

I joined Zepto because I was really impressed with the way they operated. E-grocery business is being redefined by very few companies and thus taking forward the customer delight to the next level. I thought quick commerce is the next big thing in e-commerce. I have been in this space for more than a decade and I have been part of Companies which redefined the e-commerce sector in India. I am aware of the complexities and challenges of this sector and I thoroughly enjoy my work here as well. I like speed and hence, Zepto was a natural choice for me.

Sectoral understanding and In-House Legal Department

What are some peculiar challenges, governance and compliance complexities pertaining to e- grocery businesses?

Distribution in India has its own challenges, particularly Compliance which involves a plethora of licences & permits to operate and there is not a single window clearance. It is challenging to ensure compliance due to the requirement of compliance under various laws and rules. The entire process is cumbersome and time-consuming. 

Sectoral policies are required to be accommodating and conducive, more specific to entities that have the potential to draw FDI. I think we have come a long way and we are not there yet.

In my view, self-governance is the best policy. Therefore, it is important to reflect upon doing the right thing. It would be challenging when the governance is imposed, it has to be natural and part of business practice. This decade could be the right time for investing heavily in governance heavily irrespective of what the government would expect Companies to do. 

Expert Insights

What’s your take on Smart Contracts? Do you see them creating a win-win situation between technology, law and e-commerce?

Digitisation of contracts has brought efficiencies in the process of contract life cycle management. It helps businesses in speedily undertaking business operations and eliminates delays. In the post-COVID world, you may not wish to go back to physical contracts. Wet ink signatures are already replaced by digital signatures and this also gives more authenticity.

Cross-border contract execution and inter-state contract execution have really become seamless besides saving time and cost.

Could you please briefly tell us the changes, challenges and impact of the new labour codes on employees and employers?

I am a happy customer here, codifying 29 labour Codes is definitely a welcome move. This codification by segment will make it simple for new lawyers to understand Labour laws. I am all praises for this move. The changes provide more flexibility for both employers and employees, such as capping the overall working hours to 48 hours a week with an option to go for 4 days working option.

Recognition of workers outside the traditional employment, like gig workers and platform workers, is another good change and extending social security benefits to them will attract more people to take up such jobs, without strings attached. There is an ask for remittance of social security contributions by the platform companies, which in my personal view requires better clarification with respect to the calculation of the same.

There are a few practical challenges, like Companies' obligation to settle wages in two working days for separated employees from the date of exit and there is an impact on take-home salary due to increased social security contributions. These are the ones which I can recollect. 

Also, compliance looks to be simplified but it all depends on how well the state authorities will implement them.

The implementation of the Data Protection bill is the need of the hour with the rise of India’s digital economy.  What’s your take on the adequacy of the framework for the protection of non-personal data?

I agree, as a country, we should settle this issue as soon as possible. Data protection law implementation will have to be more clear and more understandable. I foresee implementation challenges due to possible interpretation conflicts. Government should consider issuing guidelines for now and provide some time for the entities to implement them, let's say a couple of years. This approach in my view will help roll out better and practically implementable regulations in the near future. 

I have a different view from the common notion with respect to non-personal data frameworks. In my personal view if non-personal data is attached with commercial value and allowed to be traded under the Regulator's watch, can bring more participation and also help develop better regulations. It is very important that entities should have a right to decide in their discretion to share non-personal data with anyone including the Government.

Advice And Book Recommendations

What to your mind has helped you get to where you are and what advice would you have for others who want to achieve success in the legal profession?

I enjoy solving problems and always try to keep it simple. My advice to others who want to achieve success in the legal profession is to be humble, at the same time be fearless. It is important to make decisions in professional and personal life and one shouldn't hesitate to make decisions.  Stop worrying about the wrong ones. We are too afraid of failure and that's a problem. We should accept failure and learn from it.

What keeps you busy outside work? Would you please recommend any book that has left a lasting impression on your mind?

I like visiting places and people. I have a keen interest in local culture and architecture. I do travel a lot by road and have travelled the southern part of India extensively, mostly ancient temples. I cherish carrying the impressions of those architectural marvels.

Below are two books which left a lasting impression on me:

1. How will you measure your life? By Clayton M Christensen. publisher, Harper Collins
2. Measure what matters by Jhon Doerr. Publisher, Penguin Random House, UK