SELECT LAWS, ACTS & AMENDMENTS RELEVANT FOR …triumphias.com/oss/file-download.php?file-id=20180906_164009_657671501...Sep 06, 2018 · It seeks to consolidate laws relating to wages

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Table of Contents

Code on Wages Bill, 2017 Labour Code on Industrial Relations Bill, 2015 123rd Constitutional Amendment Bill, 2017 National Medical Commission Bill, 2017 Consumer Protection Bill, 2018 Lokpal & Lokayuktas (Amendment) Bill, 2016 RTE (Amendment) Bill, 2017 National Food Security Act, 2013 Citizenship (Amendment) Bill, 2016. Maternity Benefit (Amendment) Act, 2017 Muslim Women (Protection of Rights on Marriage) Bill, 2017. Transgender Persons (Protection of Rights) Bill,2016. The Ancient Monuments and Archaeological Sites and Remains

(Amendment) Bill, 2017 The Criminal Law (Amendment) Ordinance 2018 Draft Personal Data Protection Bill, 2018 The Prevention of Corruption (Amendment) Bill, 2013 Inter-State River Water Disputes (Amendment) Bill, 2017 Panchayat Status to The Tribal Hamlets of Telangana



CODE ON WAGES BILL, 2017

Status of the Bill Current status: Pending in Lok Sabha Ministry of Labour and Employment Introduction The Code on Wages Bill, 2017 was the first of the four major labour reforms being planned as part of the

‘ease of doing business’ agenda. The Ministry is also condensing 44 labour laws into four codes: wages, industrial relations, social security

and safety, health and working conditions. It will benefit over 40 crore unorganised sector workers. It seeks to consolidate laws relating to wages by replacing: o The Payment of Wages Act, 1936,

o The Minimum Wages Act, 1949,

o The Payment of Bonus Act, 1965, and

o The Equal Remuneration Act, 1976.

The Code will apply to establishments where any industry, trade, business, manufacturing or occupation is carried out. This will also include government establishments.

The central government will make wage-related decisions for its authorities, and establishments related to railways, mines, and oil fields, among others. State governments will make decisions for any other establishments.

Wages include salary, allowance, or any other component expressed in monetary terms. This will not include bonus payable to employees or any travelling allowance, among others.

Keystone feature of the bill The Bill is touted to bring in historical changes by introducing for the first time Universal Minimum wage

in India. National minimum wage

The central government may notify a national minimum wage for the country. It may fix different national minimum wage for different states or geographical areas.

The minimum wages decided by the central or state governments will not be lower than the national minimum wage.

The central or state governments will not reduce the minimum wages fixed by them, if these wages are higher than the national minimum wage.

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& SOCIETY (GS)



Fixing the minimum wage The Code requires employers to pay at least the minimum wages to employees. These wages will be

notified by the central or state governments. This will be based on time, or number of pieces produced, among others.

The Code specifies that the central or state governments will review or revise the minimum wage every five years.

Working hours: The central or state governments will fix the number of hours that will constitute a working day. Further,

they will provide for a day of rest for employees every week. An employee will receive overtime for working beyond these working hours on any day. This amount will

be at least twice the normal wage of the employee. Payment of Wages Wages will be paid in coins, currency notes, by cheque, or through digital or electronic mode. The wage period will be fixed by the employer as either daily, weekly, fortnightly, or monthly. Deductions Under the Code, an employee’s wages may be deducted on certain grounds including: Fines Absence from duty Accommodation given by the employer Recovery of advances given to the employee, among others. These deductions should not exceed 50% of

the employee’s total wage Determination of bonus The employer will pay each employee an annual bonus of at least 8.33% of his wages, orRs 100, whichever is higher. In addition, the employer will distribute a part of the gross profits amongst the employees (allocable

surplus). This will be distributed in proportion to the wages earned by an employee during the year. An employee can receive a maximum bonus of 20% of his wages.

Advisory boards The central and state governments will constitute their respective advisory boards. These boards will

have representation from: (i) employees, (ii) employers, and (iii) independent persons. Further, one-third of the total members will be women.

The boards will advise the respective governments on aspects including: (i) fixation of minimum wages, and (ii) increasing employment opportunities for women.

Offences The Code specifies penalties for offences committed by an employer, such as (i) paying less than the due

wages, or (ii) for contravening any provision of the Code. Penalties vary depending on the nature of offence, with the maximum penalty being imprisonment for three

months along with a fine of up to one lakh rupees.



Advantages Currently, the applicability of the Minimum Wage Act is restricted to a list of industries notified by the

Central and State governments. This restriction is being removed. So, every employee is covered except Apprentices and Armed Forces.

Payment of wages through cheques/ online mode will promote digitization This Act will have statutory powers to align the State MW to the central stipulations and also give teeth to

the implementation. Criticism Employers believe this will prevent market forces from determining wages, thereby impacting

competitiveness, profitability and even survival of enterprises, especially the MSMEs. States have to ensure that minimum wages set by them are not lower than the national minimum wage. If

existing minimum wages set by states are higher than the national minimum wage, they cannot reduce the minimum wages.

The time period for revising minimum wages will be set at five years. Currently, state governments have flexibility in revising minimum wages, as long as it is not more than five years. It is unclear why this flexibility has been removed, and five years has been set for revision.

While the Code prohibits gender discrimination on wage-related matters, it does not include provisions regarding discrimination during recruitment.

Implementation of the Code The four Acts being subsumed under the Code specify that inspectors will be appointed to ensure that the

laws are being enforced properly. These inspectors may carry out surprise checks, examine persons, and require them to give information.

The Code introduces the concept of a ‘facilitator’ who will carry out inspections and also provide employers and workers with information on how to improve their compliance with the law. Inspections will be carried out on the basis of a web-based inspection schedule that will be decided by the central or state government

LABOUR CODE ON INDUSTRIAL RELATIONS BILL,2015

Status of the Bill

Current status: It is still a ‘Draft’ Ministry of Labour and Employment Introduction The ministry introduced the draft ‘Labour Code on Industrial Relations Bill 2015’ (Draft Code) which

proposes to amalgamate important central labour laws dealing with industrial relations. It amalgamates the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and

the Industrial Disputes Act, 1947. Under the code, factories employing more than 50 but less than 300 workers do not need the government's permission for lay-offs, retrenchment or closure of a factory. Earlier, the limit was 100 workers.

Objectives

To consolidate and amend the law relating to registration of Trade Unions, conditions of employment

Investigation and settlement of disputes, and the matters related there with or incidental thereto.



Features

Works Committee: Works Committee consisting of representatives of employer and workers engaged in the establishment, so however, that the number of representatives of workers on the Committee shall not be less than the number of representatives of the employer.

Grievance Redressal Committee: Every industrial establishment employing twenty or more workers shall have one or more Grievance Redressal Committees for the resolution of disputes arising out of individual grievances. The Grievance Redressal Committee shall consist of equal number of members from the employer and the workers

Registration of Trade Unions: In case of Trade Union of workers a minimum of 10% of workers employed in an establishment, undertaking or industry with which a Trade Union is connected shall be required to be the members of the Trade Union for making an application for registration

Provisions to be contained in the Constitution and Rules of the Trade Union : A Trade Union shall not be entitled to registration under this Code, unless the executive thereof is

constituted in accordance with the provisions of this Code, and the rules of the Trade Union provide for the following matters, namely: -

(a) the name of the trade union; (b) the whole of the objects for which the trade union has been established; (c) the whole of the purposes for which the general funds of the trade union shall beapplicable, all of which

purposes shall be purposes to which such funds are lawfullyapplicable under this Code; (d) the maintenance of a list of the members of the trade union and adequate facilities for the inspection

thereof by the office bearers and members of the tradeunion; Registered Office of the Trade Union All communications and notices to a registered trade union may be addressed to its registered office

which shall be the address of the head office of the trade union as entered in the register maintained by the Registrar of the trade unions

Incorporation of a Registered Trade Union Every registered trade union shall be a body corporate by the name under which it is registered, and shall

have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.

Constitution of a separate fund for political purposes - A registered trade union may constitute a separate fund, from contributions separately levied for or made

to that fund, from which payments may be made, for the promotion of the civic and political interests of its members

Issues with the bill:

Undifferentiated definition of workers

A reform without workers’ participation

Elimination of tripartite negotiations and the role of trade unions

Disentitling women from maternity benefits Greater role for non-state intermediary agencies – suspicion of privatisation

Flawed presumptions Way forward



Amalgamation needs thoughtful reconsideration Code has to be towards the welfare of the labour and should not curtail labour freedom

123RD CONSTITUTIONAL AMENDMENT BILL, 2017 Status of the Bill Current status: Passed in both houses & received president’s assent Ministry of Social Justice and Empowerment Introduction The Constitution (123rd Amendment) Bill, 2017 seeks to grant the National Commission on Backward

Classes (NCBC) constitutional status, at par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes.

The bill has been recently passed by both Lok Sabha and Rajya Sabha and awaiting president’s approval. Key provisions of the bill are as follows.

Role of NCSC Currently, under the Constitution the NCSC has the power to look into complaints and welfare measures

with regard to Scheduled Castes, backward classes and Anglo-Indians. The Bill seeks to remove the power of the NCSC to examine matters related to backward classes. Constitutional status to National Commission for Backward Classes: The NCBC is a body set up under the National Commission for Backward Classes Act, 1993. It has the

power to examine complaints regarding inclusion or exclusion of groups within the list of backward classes, and advise the central government in this regard.

The Bill seeks to establish the NCBC under the Constitution, and provide it the authority to examine complaints and welfare measures regarding socially and educationally backward classes. This Bill was introduced alongside the National Commission for Backward Classes (Repeal) Bill, 2017 that seeks to repeal the National Commission for Backward Classes Act, 1993.

Backward classes The Constitution Amendment Bill states that the President may specify the socially and educationally

backward classes in the various states and union territories. He may do this in consultation with the Governor of the concerned state.

However, a law of Parliament will be required if the list of backward classes is to be amended. Composition and service conditions Under the Constitution Amendment Bill, the NCBC will comprise of five members appointed by the

President. Their tenure and conditions of service will also be decided by the President through rules. Functions Under the Constitution Amendment Bill, the duties of the NCBC will include: Investigating and monitoring how safeguards provided to the backward classes under the Constitution

and other laws are being implemented, Inquiring into specific complaints regarding violation of rights, and Advising and making recommendations on socioeconomic development of such classes.



The central and state governments will be required to consult with the NCBC on all major policy matters affecting the socially and educationally backward classes.

The NCBC will be required to present annual reports to the President on working of the safeguards for backward classes. These reports will be tabled in Parliament, and in the state legislative assemblies of the concerned states.

Powers of a civil court Under the Constitution Amendment Bill, the NCBC will have the powers of a civil court while investigating

or inquiring into any complaints. These powers include: o Summoning people and examining them on oath,

o Requiring production of any document or public record, and

o Receiving evidence. Impacts and Challenges of this Amendment Politically, this effects two major changes: First, it shifts responsibility for amending the list of Other

Backward Classes (OBCs) from the government to Parliament; second, it effectively takes away the power that the states currently have to determine their own OBC lists.

Most reports suggest that this is what the government intends to do. The obvious political benefit of this move is that it denies opponents a free ride on the aspirational demands of electorally significant castes like the Jats, Marathas, Patidars or Kapus. Since it is Parliament that would have to decide whether to grant OBC status, it would no longer be possible for opposition parties to stoke agitations without bearing responsibility for the consequences.

Moreover, the burden of handling the inevitable conflicts arising from a zero-sum situation -where the entry of new castes necessarily implies a decline in the share of castes already included - could also be shifted from the ruling party to Parliament.

This is a modest agenda because it does not alter the basic rules of the game, namely the definition of the category “socially and educationally backward classes”, and the existing limit of 50 per cent on the total share of various reservation quotas imposed by the Supreme Court. In fact, this agenda could arguably be considered a positive step, especially if it includes much-needed provisions for sub-dividing quotas to ensure more equitable sharing across the sub-groups of recognised categories

The danger, of course, is in the possibility of a much more ambitious agenda. There are some indications that the government also intends to amend Article 366 of the Constitution (which contains basic definitions of important terms) by inserting a definition of “backward classes”. Currently, Clauses 24 and 25 of this Article provide a conservative definition of the SCs and STs as simply the entities included in the Schedules created by the constitutional method specified in Articles 341 and 342.

In a nutshell The modest agenda would protect reservations as a tiny and increasingly irrelevant island in the neo-

liberal ocean of jobless growth, while the ambitious agenda would reduce reservations to absurdity in ways that will inevitably impact the SCs and STs. But both courses of action are framed by the larger contradiction in the Indian state’s attitude towards caste - the willful misrecognition and truncation of exclusion and discrimination as merely deprivation and disadvantage.

NATIONAL MEDICAL COMMISSION BILL, 2017 Status Current Status: Pending in Lok Sabha



Ministry of Health and Family Welfare What it seeks? The National Medical Commission Bill, 2017 seeks to repeal the Indian Medical Council Act, 1956 and

provide for a medical education system which ensures: Availability of adequate and high-quality medical professionals, Adoption of the latest medical research by medical professionals, Periodic assessment of medical institutions, and An effective grievance redressal mechanism. Key features of the Bill include Constitution of the National Medical Commission The Bill sets up the National Medical Commission (NMC). Within three years of the passage of the Bill, state governments will establish State Medical Councils at the

state level. The NMC will consist of 25 members, appointed by the central government. A Search Committee will

recommend names to the central government for the post of Chairperson, and the part time members. These posts will have a maximum term of four years.

The Search Committee will consist of seven members including the Cabinet Secretary and three experts nominated by the central government (of which two will have experience in the medical field).

Members of the NMC Chairperson, President of the Under-Graduate Medical Education Board, President of the Post-Graduate Medical Education Board, Director General of Health Services, Directorate General of Health Services, Director General, Indian Council of Medical Research, and

Five members (part-time) to be elected by the registered medical practitioners from amongst themselves from the prescribed regional constituencies under the Bill.

Functions of the National Medical Commission Framing policies for regulating medical institutions and medical professionals, Assessing the requirements of healthcare related human resources and infrastructure, Ensuring compliance by the State Medical Councils of the regulations made under the Bill, Framing guidelines for determination of fees for up to 40% of the seats in the private medical institutions

and deemed universities which are regulated as per the Bill. Medical Advisory Council Under the Bill, the central government will constitute a Medical Advisory Council. The Council will be the

primary platform through which the states/union territories can put forth their views and concerns before the NMC.

Further, the Council will advise the NMC on measures to enable equitable access to medical education. Autonomous boards The Bill sets up certain autonomous boards under the supervision of the NMC. Each autonomous board will consist of a President and two members, appointed by the central

government.



These boards are The Under-Graduate Medical Education Board (UGMEB) and the Post-Graduate Medical Education Board

(PGMEB). These Boards will be responsible for formulating standards, curriculum, guidelines, and granting

recognition to medical qualifications at the undergraduate and post graduate levels respectively, The Medical Assessment and Rating Board (MARB): The MARB will have the power to levy monetary

penalties on medical institutions which fail to maintain the minimum standards as laid down by the UGMEB and the PGMEB. The MARB will also grant permission for establishing a new medical college, and

The Ethics and Medical Registration Board: This Board will maintain a National Register of all licensed medical practitioners, and regulate professional conduct. Only those included in the Register will be allowed to practice medicine.

Entrance examinations There will be a uniform National Eligibility-cum-Entrance Test for admission to under-graduate medical

education in all medical institutions regulated by the Bill. The NMC will specify the manner of conducting common counselling for admission in all such medical institutions.

There will be a National Licentiate Examination for the students graduating from medical institutions to obtain the license for practice. The National Licentiate Examination will also serve as the basis for admission into post-graduate courses at medical institutions.

Analysis Two-thirds of the members in the NMC are medical practitioners. Expert committees have recommended

that the regulator should consist of more diverse stakeholders in order to reduce the influence of medical practitioners in regulating medical education and practice.

The NMC will determine fees for up to 40% of the seats in private medical colleges and deemed universities. There have been various arguments on fee capping by experts. It has been recommended by some experts that fees should be capped to enable access to medical education for all. On the other hand, it has also been suggested that fee capping would discourage entry of private colleges.

In cases of professional or ethical misconduct by medical practitioners, the practitioners can appeal a decision of the NMC to the central government. It is unclear why the central government, and not a judicial body, is the appellate authority.

There is no requirement for periodic renewal of the license to practice. Some countries require periodic testing to ensure that practitioners remain up to date, fit to practice, and give good care to patients.

The Bill proposes a bridge course for practitioners of AYUSH to enable them to prescribe modern medicines. There are differing views on this provision. While some emphasize the need for greater integration between traditional and modern schools of medicine, others consider this step harmful for the independent development of AYUSH.

CONSUMER PROTECTION BILL, 2018 Status Current Status: Introduced in Lok Sabha Ministry of Consumer Affairs, Food and Public Distribution Features



The Bill replaces the Consumer Protection Act, 1986. It introduces provisions related to product liability and unfair contract. It includes several recommendations made by the Standing Committee.

The Bill enforces consumer rights, and provides a mechanism for redressal of complaints regarding defect in goods and deficiency in services.

Consumer Disputes Redressal Commissions will be set up at the District, State and National levels for adjudicating consumer complaints. Appeals from the District and State Commissions will be heard at the next level and from the National Commission by the Supreme Court.

The Bill sets up a Central Consumer Protection Authority to promote, protect and enforce consumer rights as a class. It can issue safety notices for goods and services, order refunds, recall goods and rule against misleading advertisements.

If a consumer suffers an injury from a defect in a good or a deficiency in service, he may file a claim of product liability against the manufacturer, the seller, or the service provider.

The Bill defines contracts as ‘unfair’ if they significantly affect the rights of consumers. It also defines unfair and restrictive trade practices.

Positives The Bill sets up the Consumer Disputes Redressal Commissions as quasi-judicial bodies to adjudicate

disputes. The Bill empowers the central government to appoint, remove and prescribe conditions of service for

members of the District, State and National Consumer Disputes Redressal Commissions. Important issues The Bill leaves the composition of the Commissions to the central government. This could affect the

independence of these quasi-judicial bodies. The State and National Councils are headed by Ministers in-charge of Consumer Affairs. The Bill does not

specify whom the Councils will advise. If the Councils advise the government, it is unclear in what capacity such advice will be given.

LOKPAL & LOKAYUKTAS (AMENDMENT) BILL, 2016 Status Current status: Passed in Both Houses and received President’s assent Ministry of Law and Justice What it seeks? The Bill amends the Lokpal and Lokayuktas Act, 2013 in relation to declaration of assets and liabilities by

public servants. The provisions of the Bill would apply retrospectively, from the date of the coming into force of the 2013 Act.

The Lokpal Act requires a public servant to declare his assets and liabilities, and that of his spouse and dependent children. Such declarations must be made to the competent authority within 30 days of entering office.

Further, the public servant (which include Prime Minister, Union Ministers, Members of Parliament, government employees of Public Sector Undertakings and also the trustees of NGOs who receive foreign funding above 10 lakhs and certain amount of government funding) must file an annual return of such assets and liabilities by July 31st of every year.

The Lokpal Act also mandates statements of such declarations be published on the website of the relevant Ministry by August 31 of that year.



Implications of Lokpal and Lokayukta (amendment) bill,2016 Amendment of section 44: On and from the date of commencement of this Act, every public servant shall

make a declaration of his assets and liabilities in such form and manner as may be prescribed Trustees of NGOs will continue to be regarded as public servants. Requirement of declaring assets and liabilities will continue to apply. However, assets of spouses and children need not be declared. Details of disclosure to be notified by the central government. It is unclear if earlier notification will lapse or needs to be rescinded. Advantages It is expected that the corruption cases will witness a speedy conclusion and the decision will be swifter.

The turnaround time for justice to be meted out will be less. The major advantage lies in the nature of the legislation proposed. The clauses are aimed at tackling a

major socio-political problem – corruption. People will not get lost in the size of Indian judiciary system and they can count on a single entity to report

crime and get their grievances redressed Disadvantages

Lokpal is deprived of police powers and therefore it cannot register an FIR. In such a situation, enquiries conducted by Lokpal will be considered as “preliminary enquiries”

Lokpal Bill proposes jurisdiction only on MPs, Ministers and PM and not on officers. It is understood that any corruption is perpetrated collaboratively by the officers and politicians. According to government’s Lokpal Bill CVC will look into the role of bureaucrats while Lokpal will look into the role of politicians. This will surely create a bottleneck.

Lokpal will have no power to probe any case against PM that deals with foreign affairs, security and defence. This is another way of saying that corruption in defence deals will be out of Lokpal’s jurisdiction and hence no scrutiny is possible.

RTE (AMENDMENT) BILL, 2017 Status Current Status: Passed by Lok Sabha Ministry of Health and Family Welfare What it does? The Right of Children to Free and Compulsory Education (Amendment) Bill, 2017 amends the existing Act

by extending the deadline for teachers to acquire the prescribed minimum qualifications for appointment. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which was effective from 1st

April, 2010, envisages free and compulsory elementary education to every child in the age group of 6-14 years. No child shall be expelled from a school till the completion of elementary education.

The Bill amends this provision to state that a regular examination will be held in class 5 and class 8 at the end of every academic year. If a child fails the exam, he will be given additional instruction, and take a re-examination.

If he fails in the re-examination, the relevant central or state government may decide to allow schools to detain the child.

At present, atleast 23% of teachers in the elementary level are still untrained. Objective of this particular act is to improve the standard of teachers thereby improving the quality of education and consequently learning outcomes of children.



Under the Act, if a state does not have adequate teacher training institutions or sufficient number of qualified teachers, the provision to possess minimum qualifications is relaxed for a period not exceeding five years i.e. till March 31, 2015.

The Bill further adds to this provision by stating that those teachers who do not possess the minimum qualifications as on March 31, 2015 will acquire the minimum qualifications within a period of four years i.e. by March 31, 2019.

Benefits Literacy rate of our country will increase. The standard of the teachers as well as children will be improved. Teachers will get additional time limit to prove their qualification. Criticisms Provisions of the Bill regarding assessment and detention are at variance with what most states have

demanded. In this context, the question is whether these decisions should be taken by Parliament or left to state legislatures.

It is unclear as to who will conduct the examination (which may lead to detention): centre, state, or the school.

NATIONAL FOOD SECURITY ACT, 2013 Status Passed in Both Houses and received President’s assent Ministry of Consumer Affairs, Food and Public Distribution What it does? It provides legal right to about 82 crore people for subsidized food grains. Salient Features Coverage and entitlement under Targeted Public Distribution System (TPDS) Upto 75% of the rural population and 50% of the urban population will be covered under TPDS, with

uniform entitlement of 5 kg per person per month. However, since Antyodaya Anna Yojana (AAY) households constitute poorest of the poor, and are

presently entitled to 35 kg per household per month, entitlement of existing AAY households will be protected at 35 kg per household per month.

State-wise coverage Corresponding to the all India coverage of 75% and 50% in the rural and urban areas, State-wise coverage

will be determined by the Central Government. NITI Aayog will determine the State-wise coverage by using the NSS Household Consumption Survey data. Subsidised prices under TPDS and their revision Food grains under TPDS will be made available at subsidised prices of Rs. 3/2/1 per kg for rice, wheat and

coarse grains for a period of three years from the date of commencement of the Act. Thereafter prices will be as fixed by the Central Government from time to time, not exceeding MSP Identification of Households



Within the coverage under TPDS determined for each State, the work of identification of eligible households is to be done by States/UTs.

Nutritional Support to women and children Pregnant women and lactating mothers and children in the age group of 6 months to 14 years will be

entitled to meals as per prescribed nutritional norms under Integrated Child Development Services (ICDS) and Mid-Day Meal (MDM) schemes.

Maternity Benefit Pregnant women and lactating mothers will also be entitled to receive maternity benefit of not less than

Rs. 6,000. Women Empowerment Eldest woman of the household of age 18 years or above to be the head of the household for the purpose of

issuing of ration cards. Grievance Redressal Mechanism Grievance redressal mechanism at the District and State levels. States will have the flexibility to use the

existing machinery or set up separate mechanism. Cost of intra-State transportation & handling of food grains and FPS Dealers' margin Central Government will aid States in meeting the expenditure incurred by them on transportation of food

grains within the State, its handling and FPS dealers’ margin as per norms to be devised for this purpose. Transparency and Accountability Provisions have been made for disclosure of records relating to PDS, social audits and setting up of

Vigilance Committees in order to ensure transparency and accountability. Food Security Allowance Provision for food security allowance to entitled beneficiaries in case of non-supply of entitled foodgrains

or meals. Penalty Provision for penalty on public servant or authority, to be imposed by the State Food Commission, in case

of failure to comply with the relief recommended by the District Grievance Redressal Officer. Achievements FCI has developed software for Online Procurement Management System (OPMS) which is being used for

procurement To improve the efficiency of food grains procurement and distribution operations, 15 States/UTs have

adopted Decentralized Procurement (DCP) System. Through Open Market Sales Scheme (OMSS) of the FCI, the Department has been able to offload excessive

stocks and also help stabilize prices of wheat in particular. Adequate supply of food grains made using multi-modal transport in North Eastern States despite

disruption in rail route Adequate supply of food grains ensured for States/UTs facing natural calamities such as drought, floods

and cyclone



Construction of Silos: for use of modern technology in storage of food grains

In order to encourage and explore the possibility of export of sugar from country, Government has scrapped customs duty on sugar export.

Introduction of Depot Online System: a system to check leakage and for automation of operations at the depot level.

Limitations Government may face difficulties in stocking food grains as storage capacity of FCI is not sufficient Excessive storage of food grains may lead to food inflation which will affect the middle class Identifying the eligible household will be a very big challenge According to Section 44 of the act, Union and state government will not be responsible for non-supply of

foods during natural calamity and wars Institutional corruption in the state PDS machineries

CITIZENSHIP (AMENDMENT) BILL, 2016. Status Current Status: Pending Ministry of Home Affairs What it seeks? The Citizenship (Amendment) Bill, 2016 seeks to amend the Citizenship Act, 1955. The Citizenship Act, 1955 provides various ways in which citizenship may be acquired. It provides for

citizenship by birth, descent, registration, naturalization and by incorporation of territory into India. In addition, it regulates registration of Overseas Citizen of India Cardholders (OCIs), and their rights. An Overseas Citizen of India is entitled to some benefits such as a multiple-entry, multi-purpose lifelong

visa to visit India. Definition of illegal migrants

The Act prohibits illegal migrants from acquiring Indian citizenship. It defines an illegal migrant as a foreigner:

o Who enters India without a valid passport or travel documents, or

o Stays beyond the permitted time. The Bill amends the Act to provide that the following groups of persons will not be treated as illegal migrants: Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, Who have been exempted from provisions of the Passport (Entry into India) Act, 1920, and the Foreigners

Act, 1946 by the central government. (The 1920 Act mandates foreigners to carry passport, while the1946 Act regulates the entry and departure of

foreigners in India) Citizenship by naturalization The Act allows a person to apply for citizenship by naturalisation, if the person meets certain

qualifications. One of the qualifications is that the person must have resided in India or been in service of the central government for at least 11 years before applying for citizenship.

The Bill creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, with regard to this qualification. For these groups of persons, the 11 years’ requirement will be reduced to six years.



Cancellation of registration of OCIs The Act provides that the central government may cancel registration of OCIs on certain grounds. These

include: If the OCI has registered through fraud, or within five years of registration has been sentenced to imprisonment for two years or more, or It becomes necessary in the interest of sovereignty and security of India, etc. The Bill adds one more

ground for cancelling registration, that is, if the OCI has violated any law that is in force in the country. Analysis of the bill The Bill provides that illegal migrants belonging to specified minority communities from Afghanistan,

Bangladesh or Pakistan will not be treated as illegal migrants under the Act, making them eligible for Indian citizenship. These minority communities are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians.

This implies that illegal migrants from these countries who are Muslims, other minorities who do not belong to the above groups (eg. Jews), or Atheists who do not identify with a religious group will not be eligible for citizenship.

The question is whether this provision violates the right to equality guaranteed under Article 14 of the Constitution because it provides differential treatment to illegal migrants on the basis of their religion.

Article 14 guarantees equality to all persons, citizens and foreigners. It only permits laws to differentiate between groups of people if the rationale for doing so serves a reasonable purpose.

The Statement of Objects and Reasons of the Bill does not explain the rationale behind differentiating between illegal migrants on the basis of the religion they belong to.

The Bill adds new provision for cancelling OCI registration, which is violation of any law of the country by an OCI.

This means that even offences with o Lesser penalties

o Which have been committed after five years of registration could be covered under the Bill. This makes the earlier provision redundant. This provision also grants the central government wide discretion to cancel OCI registration for a range of

violations. This will include serious offences like murder, as well as minor offences like violation of a traffic law (such

as parking in a no-parking zone or jumping a red light). The question is whether minor violations should result in cancellation of OCI registration, which may

require an OCI who is staying in India to leave the country.

MATERNITY BENEFIT (AMENDMENT) ACT, 2017 Status Current Status: Passed in Both houses and received president’s assent Ministry of Labour and Employment Its provisions have come into force with effect from 1st April,2017. Features Extends women paid maternity leave from 12 weeks to 26 weeks Pre-delivery leave increased from 6 weeks to 8 weeks It has been made mandatory for the establishments employing 50 or more employees to provide crèche

facility, either separately or along with common facilities within a prescribed distance. Women with 2 or more children to get reduced benefits



Option of working from home Leave of 12 weeks for women adopting a child legally and for a commissioning mother(A biological

mother who uses her egg to create an embryo implemented in other women) The working women already on maternity leave are entitled to enhanced maternity leave subject to

fulfilment of other conditions. Concerns with maternity benefit act There is no clarity regarding the child care after 6 months Lack of quality in Integrated Child Development Services While women will be provided with 26 weeks of maternity leave for two children, the period of leave for a

third child will be 12 weeks. This could affect the growth and development of the third born child Employment concerns: o Recent report projects around 11-18 lakh job losses for women in 2018-2019. In India, child care

is treated as a sole responsibility of women and that may be the reason for the job loss o Could increase costs for employers as full payment of wages must be given to the women during

maternity leave o Industries with women as predominant workers will be terribly affected Various countries have implemented different funding models in relation to maternity benefits. In some

countries the employer bears the cost, while in some others it is paid by the government. Way forward Uniformity in labour laws will have to be addressed by the government Alterations has to be made in the act in a comprehensive manner Create awareness through media about the social norms

MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017.

Status Current Status: Passed by Lok Sabha Ministry of Law and Justice What it seeks?

The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal.

It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce.

Talaq-e-biddat refers to the practice under Muslim personal laws where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.

Key Provisions of the bill Offence and penalty The Bill makes declaration of talaq a cognizable and nonbailable offence. (A cognizable offence is one for

which a police officer may arrest an accused person without warrant.) A husband declaring talaq can be imprisoned for up to three years along with a fine. Allowance A Muslim woman, against whom talaq has been declared, is entitled to seek subsistence allowance from

her husband for herself and for her dependent children. The amount of the allowance will be decided by a First-Class Magistrate.



Custody of minor children: A Muslim woman, against whom such talaq has been declared, is entitled to seek custody of her minor

children. The determination of custody will be made by the Magistrate. Major issues with respect to the bill In particular, what is the rationale and advantage of criminalizing instant triple talaq? Especially when we

know from decades of attempts to secure the legal rights of women that penal action does not resolve issues but may only create a few more.

One of the main arguments offered by the proponents of criminalization is that with triple talaq, the Muslim wife “does not have any say in severing the marital relationship.” It turns out that the bill does

more or less the same. It also takes away her power over the modalities of dissolution of her marriage and instead hands it over to another patriarch: The State.

Neither does the bill empower her nor leave her in a better position. It is because, one, it is highly unlikely that a resentful husband would even consider the prospect of reconciliation with his wife who had him incarcerated. Two, having made it a cognizable and non-bailable offence, the husband can be arrested without a warrant.

And there are other possible implications—the fear of the husband going to jail may inhibit women from even reporting instant triple talaq, or the husband may simply abandon her after pronouncing other forms of unilateral talaq (talaq–ahsan or talaq-hasan).

What makes it worse is that it is not only the aggrieved wife who can file a complaint against her husband. Any third person can do so by claiming that the husband uttered triple talaq in one go. Clearly, there is ample scope for misuse of the bill.

Shockingly, not a word has been said on what the State will do to protect the rights of women, particularly their financial and social security. It is essential to think of civil redressal mechanisms and reparative justice to ensure that women can negotiate for their rights both within and outside of marriage.

Steps taken by Government to address the issues: The Cabinet has approved the amendment that only a woman or her family members could lodge a

complaint against a husband for practicing instant talaq. Besides, there would be scope for a compromise between the two parties. However, only a magistrate would be able to grant bail to an offender.

FIR will become cognizable only if the complaint is filed by the victim, wife, blood relations, or relations by marriage. If any outside agency or neighbour is initiating this process, it will not be registered

It has been made compoundable, that is, if the wife and husband desire to settle differences, then the magistrate can compound the offence on appropriate terms and conditions. Magistrate can grant bail after hearing the wife.

The provision to allow for bail had been one of the main demands of Opposition parties, to prevent misuse of the triple talaq bill.

Current Status of the bill: The Muslim Women (Protection of Rights on Marriage) Bill has been passed by Lok Sabha, and it is yet to

be passed by Rajya Sabha.

TRANSGENDER PERSONS (PROTECTION OF RIGHTS)BILL,2016.



Status Current Status: Pending in Lok Sabha Ministry of Social Justice and Empowerment Definition of a transgender person: The Bill defines a transgender person as one who is Neither wholly female or male; A combination of female and male; or Neither female nor male.

Such a person’s gender does not match the gender assigned at birth, and includes trans-men and trans-women, persons with intersex variations and gender-queers. Prohibition against discrimination: The Bill prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to: Education; Employment; Healthcare; Access to, or enjoyment of goods, facilities, opportunities available to the public; right to movement; Right to reside, rent, own or otherwise occupy property; opportunity to hold public or private office; Access to a government or private establishment in whose care or custody a transgender person is. Right of residence

Every transgender person shall have a right to reside and be included in his household. If the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation Centre, on the orders of a competent court.

Employment: No government or private entity can discriminate against a transgender person in employment matters,

including recruitment, promotion, etc. If the entity has more than 100 persons, it is required to designate a person to be a complaint officer to deal with complaints in relation to the Act.

Education: Educational institutions funded or recognised by the government shall provide inclusive education, sports

and recreational facilities for transgender persons, without discrimination. Health care: The government shall take steps to provide health facilities to transgender persons including separate HIV

surveillance centres, sex reassignment surgeries, etc. The government shall review medical curriculum to address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.

Certificate of identity for a transgender person: A transgender person may make an application to the District Magistrate for a certificate of identity,

indicating the gender as ‘transgender’. The District Magistrate will issue such certificate based on the recommendations of a District Screening Committee.

The Committee will comprise: the Chief Medical Officer; District Social Welfare Officer;



a psychologist or psychiatrist; a representative of the transgender community; and An officer of the relevant government. Welfare measures by the government: The Bill states that the relevant government will take measures to ensure the full inclusion and

participation of transgender persons in society. It must also take steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive, and promote their participation in cultural activities.

Offences and Penalties: The Bill recognizes the following offences: Begging, forced or bonded labour (excluding compulsory government service for public purposes); Denial of use of a public place; Denial of residence in household, village, etc.; Physical, sexual, verbal, emotional and economic abuse. These offences will attract imprisonment between

six months and two years, and a fine. National Council for Transgender persons (NCT): The NCT will consist of: Union Minister for Social Justice (Chairperson); Minister of State for Social Justice (Vice- Chairperson); Secretary of the Ministry of Social Justice; one representative from ministries including Health, Home Affairs, Minority Affairs, Housing and Poverty

Alleviation, Human Resources Development, etc. Other members include representatives of the NITI Aayog, National Human Rights Commission, and National Commission for Women. State governments will also be represented.

The Council will also consist of five members from the transgender community and five experts from nongovernmental organisations. The Council will advise the central government on the formulation and monitoring of policies, legislation and projects with respect to transgender persons.

Critical analysis of the bill The Supreme Court has held that the right to self-identification of gender is part of the right to dignity and

autonomy under Article 21 of the Constitution. However, objective criteria may be required to determine one’s gender in order to be eligible for entitlements.

The Bill states that a person recognised as ‘transgender’ would have the right to ‘self-perceived’ gender identity. However, it does not provide for the enforcement of such a right. A District Screening Committee would issue a certificate of identity to recognise transgender persons.

The definition of ‘transgender persons’ in the Bill is at variance with the definitions recognised by international bodies and experts in India.

The Bill includes terms like ‘trans-men’, ‘trans-women’, persons with ‘intersex variations’ and ‘gender-queers’ in its definition of transgender persons. However, these terms have not been defined.

Certain criminal and personal laws that are currently in force only recognise the genders of ‘man’ and ‘woman’. It is unclear how such laws would apply to transgender persons who may not identify with either of the two genders.



The Ancient Monuments and Archaeological Sites and Remains (Amendment) Bill, 2017

Status Current Status: Passed in Lok Sabha Ministry of Tourism and Culture Bill summary Construction in ‘prohibited areas’: o The Act defines a ‘prohibited area’ as an area of 100 meters around a protected monument or area.

o The central government can extend the prohibited area beyond 100 meters. o The Act does not permit construction in such prohibited areas, except under certain conditions.

o The Act also prohibits construction in ‘prohibited areas’ even if it is for public purposes.

o The Bill amends this provision to permit construction of public works in ‘prohibited areas’ for public purposes.

Definition of ‘public works’: o The Bill introduces a definition for ‘public works’, which includes the construction of any

infrastructure that is financed and carried out by the central government for public purposes. o This infrastructure must be necessary for public safety and security and must be based on a specific

instance of danger to public safety. o Also, there should be no reasonable alternative to carrying out construction in the prohibited area. Procedure for seeking permission for public works: o As per the Bill, the relevant central government department, that seeks to carry out construction for public

purposes in a prohibited area, should make an application to the competent authority. If there is any question related to whether a construction project qualifies as ‘public works’, it will be

referred to the National Monuments Authority. This Authority, will make its recommendations, with written reasons, to the central government. The decision of the central government will be final.

If the decision of the central government differs from that of the Authority, it should record its reasons in writing.

This decision should be communicated by the competent authority, to the applicant, within 10 days of receiving it.

Impact assessment of proposed public works: o The Bill empowers the National Monuments Authority to consider an impact assessment of the proposed

public works in a prohibited area, including its archaeological impact; visual impact; and heritage impact. The Authority will make a recommendation, for construction of public works to the central government,

only if it is satisfied that there is no reasonable possibility of moving the construction outside the prohibited area

Concerns Historians fear threat to heritage sites if it becomes law



A CAG report raised an alarm that 92 historical monuments had gone missing due to development activities around them and when ASI started a ground survey to verify it, they found that 21 had indeed become untraceable.

THE CRIMINAL LAW (AMENDMENT) ORDINANCE 2018 An ordinance providing the death penalty for rapists of girls below 12 years of age and other stringent

penal provisions for rape has been promulgated recently. The Ordinance amends Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act and

Protection of Children from Sexual Offences Act. Features The Ordinance amends the Indian Penal Code(Section 376 IPC), 1860 to increase the minimum

punishment for rape of women from seven years to ten years. Minimum Punishment of 20 years rigorous imprisonment and maximum death penalty/Life

Imprisonment for committing rape on a woman aged below 16. Minimum Punishment of 20 years rigorous imprisonment and maximum death penalty/Life

Imprisonment for committing rape on a girl aged below 12. Fine imposed shall be just and reasonable to meet the medical expenses and rehabilitation of the

victim. Police officer committing rape anywhere shall be awarded rigorous imprisonment of minimum ten

years. Investigation in rape cases to be completed within two months. No Anticipatory bail can be granted to a person accused of rape of girls of age less than sixteen years. Appeals in rape cases to be disposed within six months. Criticisms Definition of rape is not gender neutral. Punishment for rape of boys has remained unchanged. This has

resulted in greater difference in the quantum of punishment for rape of minor boys and girls. There are differing views on death penalty for rape. Some argue that death penalty has a deterrence

effect on the crime and therefore helps prevent it. Others argue that death penalty would be disproportionate punishment for rape.

India’s judicial system has not been consistent in awarding the death penalty. Investigations are regularly botched up by an understaffed, poorly trained, overburdened police force

which has little to no forensic support, and is often sympathetic towards the accused. Instead of addressing these issues which prevent the proper implementation of the law, as it exists, on

the ground, the ordinance has, instead, added to the burden of a dysfunctional system. The introduction of the death penalty for the rape of children under the age of 12 is likely to put future

victims at grave risk. Since the punishment for rape and the punishment for murder are now the same, a rapist will have no incentive to spare his victim’s life, especially since her testimony would be the most important piece of evidence against him.

Way forward The government needs to invest in combating the rape culture that condones and encourages rape — o by age-appropriate sex education at all levels,

o by aggressive advertisement campaigns to increase awareness and stimulate conversations about gender bias, everyday sexism, misogyny, stereotypes, consent and equality, and by making concerted efforts to change the way society raises its sons and daughters.



Unless we, as citizens, can tie these issues to the goals and gains of electoral politics, no political party will invest in these long term, and potentially expensive efforts.

DRAFT PERSONAL DATA PROTECTION BILL, 2018

Status Current Status: Drafted and still pending Ministry of Electronics, Information and Technology Introduction The Committee of Experts on a Data Protection Framework for India (Chair: Justice B. N. Srikrishna)

submitted its report and draft Bill to the Ministry of Electronics and Information Technology on July 27, 2018.

The Committee was constituted in August, 2017 to examine issues related to data protection, recommend methods toaddress them, &draft a data protection Bill.

Objectives The Bill aims to define and protect the right to digital privacy To constitute a Data Privacy Authority to protect personal data. This Bill is an attempt at empowering citizens with this right, which is already recognised by several

other nations. Features Amendments are proposed to theRTI and IT Act In its extraterritorial application, it applies to any entities providing goods and services in India, and

also to any activity involving the profiling of persons in India Data mirroring(creation and maintenance of redundant copies of a database), data localization(Storing

user data in a data center on the Internet that is physically situated in the same country where the data originated) requirements imposed

The Bill replaces the traditional concepts of data controller(individual or the legal person who controls and is responsible for the keeping and use of personal information on computer or in structured manual files) and data subject(person whose personal data is being collected, held or processed) with data ‘fiduciary’( a person who holds a legal or ethical relationship of trust with one or more other parties) and data ‘principal’.

Turning to data processing principles, the Bill incorporatespurpose and collection limitation, detailed notice requirements, storage limitation, data quality requirements, and the principle of accountability.

Other grounds of processing include that for compliance with a law or judicial order and processing necessary for an emergency like a medical emergency, safety, etc.

Some basic rights to data principals has been added that include the right to accessand correction, the right to data portability and right to be forgotten.

Privacy by design requirements has been imposed which includes transparency obligations, such as with regards to the categories of data collected and the purposes of processing, and security safeguards like de-identification and encryption.

The Bill prescribes steep penalties for violations like failing to conduct a DPA.



The Act also prescribes a list of non-bailable and cognizable criminal offences. This includes a maximum fine of 2 lakhs or imprisonment of 3 years for obtaining, transferring, or selling personal data in violation of the law.

Benefits The Bill includes positive features like broader definitions, horizontal application, extra-territorial

jurisdiction and steep penalties for violations

The bill is quite strict on how companies and government will be treated if they are found to have committed offences under the Act (the two primary ones being obtaining/selling data contrary to the Act and the other being re-identification and processing of de-identified data).

Bill creates several exceptions and exemptions for processing by the State that includes processing for the provision of any service or benefit to the data principal to the State

Another ground created is for processing on other ‘reasonable purposes’. This includes a broad and vague range of activities including whistleblowing, preventing unlawful activities, debt recovery and processing of publicly available data.

Criticisms Lack of transparency It has some negative features like data localization requirements, many exceptions to state related

processing. No amendments are proposed at present to the Aadhaar Act. The bill doesn’t lay down the golden principle of allowing individuals to be true owners of their own

data. There is no right to erasure, only a limited right to be forgotten that is saddled with a bureaucratic

process. There appears to be a confusing clause where liability for withdrawal of consent is placed on the

individual in question. Despite containing both positive and negative features, the Bill is a welcome first step towards a

comprehensive data protection law.

THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2013 Status Current Status: Passed in Both Houses and received president’s assent. Provisions’ of the Act came into

force from 26th July 2018 Ministry of Personnel, Public Grievances and Pensions Introduction The Prevention of Corruption (Amendment) Bill, 2013 was introduced in Rajya Sabha on August 19, 2013

by the Minister of State for Personnel, Public Grievances and Pensions. It was referred to the Standing Committee on Personnel, Public Grievances, Law and Justice on August 23, 2013. TheCommittee submitted its report on February 6, 2014. The Bill amends the Prevention of Corruption Act, 1988. This amendment bill has been recently passed by Parliament in July 2018.



The Bill makes the giving of a bribe an offence, enlarges the definition of taking a bribe and covers commercial organisations.

Taking of a bribe: The Act defines taking of a bribe by a public servant as any act of requesting, obtaining gratification,

favours or a service to any person for doing any official act. This provision is replaced by the Bill. It states that a public servant is said to have taken a bribe if: o He requests, expects, accepts or attempts to obtain any advantage or reward in exchange for the improper

performance of a public activity, by himself or another; o His request or acceptance or attempt in itself qualifies as improper performance of his public function. The

Act stipulates punishment with imprisonment for six months to five years. The Bill enhances the imprisonment from three to seven years. Giving of a bribe: The Bill introduces a new provision related to the offence of giving of a bribe to a public servant. Under the

Bill, the requirement is that the bribe giver: Offers any advantage to another person in return for inducing or giving a reward to a public official for

improper performance of his public function, Offers any advantage to a public official, knowing that such acceptance would in itself qualify as improper

performance of his function. The punishment is imprisonment from three to seven years and a fine. ƒ Intermediaries and third-party involvement The Act penalizes taking of a bribe through intermediaries and third parties. The Bill covers bribes that

are given to an intermediary, or given through a third party. Giving of a bribe by a commercial organisation The Act only covered bribing in ‘business transactions’. Under the Bill, a commercial organisation is held

guilty of giving a bribe to a public official if it offers any gratification in return of obtaining or retaining any advantage in business.

The person acting for the organisation is held guilty of having given a bribe. Further, the head of the organisation is also held guilty with imprisonment from three to seven years, and a fine. However, the organisation and its head may not be liable if it is proven that the head had no knowledge, and adequate precautions were taken.

Abetment Under the Act, abetting in the taking of a bribe is punishable with imprisonment for six months to five

years. The Bill covers abetment of all offences, punishable by imprisonment from three to seven years. Criminal Misconduct and Habitual offender: The Act defines ‘criminal misconduct’ by a public servant if he habitually takes a bribe, or fraudulently

misappropriates property. The Bill replaces this provision to cover: (i) fraudulent misappropriation of property entrusted to him, and

(ii) intentional enrichment of resources by illicit means. Further, the Bill defines a habitual offender as a convicted public servant who has subsequently committed

an offence under the Act, and raises the punishment to imprisonment from three to ten years.



Attachment of property acquired as a bribe: The Bill states that an investigating police officer may confiscate the property of a public servant believed

to have committed an offence. To do so; he must make an application before the Special Judge with prior government approval. Protection to retired public servants from prosecution: Under the Act, public officials in office may not be prosecuted without prior sanction from the state or

central government. The Bill extends such protection to retired public officials if they were in office at the time of the alleged

offence. Presumption of wrongdoing: Under the Act, when it is proven that a public servant has accepted any advantage for himself or another,

then it shall be presumed that he did so in return for the improper performance of his public function. This applies to offences related to taking of a bribe, transactions including business proceedings and criminal intimidation. The Bill changes this provision to include the presumption of wrongdoing for the offence of taking of a bribe only.

Analysis of the bill: The Bill makes giving a bribe a specific offence. There are diverging views on whether bribe giving under

all circumstances must be penalized. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.

The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may deter bribe givers from appearing as witnesses in court.

The Bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets. Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.

By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official:

o uses illegal means,

o abuses his position, or o Disregards public interest and obtains a valuable thing or reward for himself or another person. Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual

offender or abetting an offence.The Bill amends this provision to only cover the offence of taking a bribe.

INTER-STATE RIVER WATER DISPUTES (AMENDMENT) BILL, 2017 Status Current Status: Pending in Lok Sabha Ministry of Water Resources, River Development and Ganga Rejuvenation What it seeks? The Inter-State River Water Disputes (Amendment) Bill, 2017 seeks to amend the Inter-State River Water

Disputes Act, 1956. Key Provisions Disputes Resolution Committee:



Under the Act, when a complaint is received from a state government regarding a water dispute, the central government may ask the affected states to undertake negotiations to settle the dispute. If the dispute cannot be settled through negotiations, the central government has to set up a Water Disputes Tribunal within a year of receiving such a complaint.

The Bill replaces this provision and requires the central government to set up a Disputes Resolution Committee (DRC), for resolving any inter-state water dispute amicably. The DRC will get a period of one year, extendable by six months, to submit its report to the central government.

Members of DRC Members of the DRC will be from relevant fields, as deemed fit by the central government. Tribunal The Bill proposes to set up an Inter-State River Water Disputes Tribunal, for adjudication of water disputes, if a dispute is not resolved through the DRC. This tribunal can have multiple benches. All existing tribunals will be dissolved and the water disputes

pending adjudication before such existing tribunals will be transferred to this newly formed tribunal. Composition of the Tribunal The tribunal shall consist of a Chairperson, Vice Chairperson, and not more than six nominated members

(judges of the Supreme Court or of a High Court), nominated by the Chief Justice of India. The central government may appoint two experts serving in the Central Water Engineering Service, not

below the rank of Chief Engineer, as assessors to advise the bench in its proceedings. Time allotted to Tribunal to take its decision: Under the Act, any water disputes tribunal has to give its decision on a dispute within a period of three

years. This period is extendable by a maximum of two years. Under the Bill, the proposed tribunal has to give its decision on a dispute within a period of two years. This

period is extendable by a maximum of one year. Under the Act, if the matter is again referred to the tribunal by a state for further consideration, the tribunal has to submit its report to the central government within a period of one year. This period of one year can be extended by the central government for such a period as it may consider necessary. The Bill amends this to specify that the extension may be up to a maximum of six months.

Decision of the Tribunal: Under the Act, the decision of the tribunal must be published by the central government in the official

gazette. After publication, the decision has the same force as that of an order of the Supreme Court. Under the Bill, the requirement of publication in the official gazette has been removed. The Bill also adds

that the decision of the bench of the tribunal will be final and binding on the parties involved in the dispute. This decision will have the same force as that of an order of the Supreme Court.

Maintenance of data bank and information: Under the Act, the central government maintains a data bank and information system at the national level

for each river basin. Under the Bill, the central government will appoint or authorize an agency to maintain a data bank and

information system at the national level for each river basin. Additional rule -making powers: The Bill gives the central government powers to make rules in which water will be distributed during stress

situations arising from shortage in the availability of water.



Analysis of the bill: Advantages: The Interstate Water Disputes Act 1956 has been amended about half a dozen times. The amendments

have stuck to a template, which relies exclusively on tribunals for expeditious resolution of river disputes. The Supreme Court and other courts do not have jurisdiction over such disputes -they can interpret

verdicts of tribunals. The more than six decades of the arrangement demonstrates that the disputes’ resolution generally has not been effective. Disputes have recurred, there have been long delays in adjudication and states have not complied with verdicts of tribunals. The bill has provisions to break that mould

o It will put in place a permanent mechanism for resolving disputes.

o Uniformity in dealing with issues due to a single set up.

o Reduction in time frame can result in speedier decisions. Issues: The main issue is the challenge of implementing the tribunal’s awards. For instance, The Cauvery Water

Disputes Tribunal Award, given in 2007, lamented about legal ambiguities which prevented it from recommending an institutional mechanism to implement its award. These ambiguities will persist even after the amendments. The power to devise such mechanisms is with the Centre. But the government is ill-equipped to offer competent and resilient mechanisms.

The River Boards Act, 1956, the most potent law available for the purpose -drawn under Entry 56 of the Union List for regulating and developing interstate rivers — has become a dead letter. The ad-hoc mechanisms devised outside this law have not been successful.

In the Cauvery dispute, for instance, both the Cauvery River Authority and the Cauvery Supervisory Committee proved to be ineffective. With this critical gap, implementing tribunal awards will be a huge challenge. After all, conflicts arise when the instruments and institutions for cooperation fail. The government will do well to bring in a comprehensive legislation in place of the River Boards Act, 1956, to enable inter-state river water cooperation and collaboration.

A graver omission is the absence of an effective implementation mechanism. Even though the ISRWDT is a permanent avenue, there is nothing that prevents the inevitable escalation of disputes. How often have we seen states defying tribunals’ directives and disregarding awards? The bill offers little to check these tendencies. The Supreme Court, too, has been amenable to Special Leave Petitions which then lead to extended litigation in the apex court.

All this defeats the basic purpose of the reforms, to expedite resolution of river water disputes.

PANCHAYAT STATUS TO THE TRIBAL HAMLETS OF TELANGANA

The Telangana Government has resolved to bring out a legislation aimed at according village panchayat status to all tribal hamlets and special panchayat status to Koya and Gond habitations in the state. The proposed act will also also ensure accountability for the sarpanch and other officials

Objectives The Act is aimed to extend welfare schemes and provide development programmes to the residents of

the hamlets, including those in far-flung areas

The cabinet also decided to hold panchayat elections after enacting the new law. Features



Once the bill gets passed, each of these villages would be allotted Rs 10 lakh to Rs 25 lakh, depending on the size of population, so that issues of immediate public importance could be taken up.

The bill empowered the state government to take action on the non-performing panchayats and at the same time, provide funds in the annual budget and in the financial commission allocation.

The bill will also provide funds received under Corporate Social Responsibility(CSR) for the development of panchayats

The cabinet has set up a committee to recommend steps to be taken to control road accidents. Benefits Tribals living in remote areas have been suffering for the last many years due to lack of basic amenities like

power, water, road connectivity and medical facilities will be benefitted by the special funds released for developing Thandas by both the Centre and State.

The legislators and officials from tribal community will take initiatives in preparing a report on socio-economic condition of tribals in each village which would enable the government to prepare village-wise plan.

Priority will be given to educate the tribal children and join them in government residential schools.

The tribal sarpanches will help farmers especially the poorest of the poor in their gram panchayat using the funds.

Sanitation and other facilities in their villages would be maintained properly. Challenges Identification in concentration of the tribals

Allocation of funds must be made proper.

Efficient administrators must be appointed to carry out the schemes without delay

Problem of improper distribution of the funds because of middle men Present status After carrying out survey in about 21 mandals, about 65 tribal Thandas were identified in 13 mandals

which have more than 500 members of population for the upgradation.

The tribal habitations with less than population below 400 were not included in the upgradation list.

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NAMRATA JAINIPS-2016

Dr. Kona V. KrishnaIPS-2015

Aparna GautamIPS-2014

SURJEET SINGHIPS-2016

Arvind Singh IAS-2014

Amit Shreeansh, IFS-2015

Anshul AgarwalIAS-2015

TANAI SULTANIAIAS-2016

ANKITA MISHRAIFS-2017

DEEPANSHU KHURANAIFS-2017

AYUSH SINHA IAS-2017

ABHISHEK KHANNAIAS-2017

ABHILASHA ABHINAVIAS-2017

ADITYA VIKRAM HIRANIIAS-2017

ANSHUL SINGHIAS-2017

ABHILASH MISHRAIAS-2016

PRATAP M.IAS-2016

KUMAR SATYAMIRS-2016

Harish Bin ZamanIRS-2016

Test Test SeriesSeriesTest

Series

131313OCT.OCT.OCT.

ththth

Only 100 Seats

Admission Open

1

2

Intellectual traits & Depth of understanding are reflected in balancing Concepts, Theories & Facts in answers.

In Answer Writing-Test Series course, learn how to balance Concepts, Theories & Fhacts?

Under Personal Guidance of

VIKASH RANJAN

Total Number of Test- 30

Documents

SELECT LAWS, ACTS & AMENDMENTS RELEVANT FOR …triumphias.com/oss/file-download.php?file-id=20180906_164009_657671501...Sep 06, 2018 · It seeks to consolidate laws relating to wages