It argues that good and sustainable growth oriented government policy needs to protect the interests of the consumers and also promote cost reducing, and efficiency enhancing activities of employment generation. It shows that this is possible simply by appropriately differentiating between the desirable and the undesirable. The paper first makes clear that the way data are collected by the Government of India itself provides a good indication of what Direct Selling (DS) is, and what it is not. All sales of goods that are not through a physical location such as stores, stalls and marts, and also not through mail order, internet, etc. In other words, Direct Selling is the residual and involves selling usually through „explanation and demonstrations? by a direct seller and not through any other means. Within the DS model there may be a multi-level marketing (MLM) model however that is very different from the pyramid schemes that the Government needs to protect consumers against. (These pyramid or Ponzy schemes involve promises of abnormal returns/benefits) To contrast, the DS model even if it is in the MLM mode is about sales of goods and sometimes services. These definitional issues are important to be coded in all current and future policy and legislation if India is to fully benefit from the efficiency enhancing and employment generating advantages of DS and of MLM. And international evidence shows that there are benefits. DS through MLM is a form of disintermediation and has the obvious advantage of reduction in transaction costs and bridging the gap between consumer prices and manufacturer prices, facilitated by the use of technology. It is because of this that as countries move up the development ladder (as reflected by per capita income) direct selling increases in importance. The benefits are further enhanced when we consider the impact as an additional source of employment, often to untrained and otherwise unemployable persons and also often to women. India needs to operate at the central level. It needs to amend the Prize, Chits and Money Circulation Schemes (Banning) Act, making the distinction clear. First, direct selling, including multi-level marketing, has to be defined. Second, there has to be an explicit qualification explaining that direct selling is not to be interpreted as a money circulation scheme. Third, a pyramid scheme has to be defined, so that one knows what is being prohibited. This will protect direct selling companies, protect consumers and also make the task of enforcement easier. Other than defining and allowing direct selling and defining and prohibiting pyramid schemes, a formal registration system should be put in place, there need to be written contracts between the direct seller and the direct selling company that make the relationship transparent and specify sales practices in the ethical domain. Overall, India needs a more systematic policy on DS that is based on its own constitutional structure and also the realities and idiosyncracies of the Indian economy. Fast growing countries such as Thailand, Malaysia, Korea, Indonesia, China, Vietnam, Japan, Taiwan and Singapore all have a specific statute that regulates, and more important, facilitates direct selling.

 

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