RTI Amendment Bill passed by Rajya Sabha

Parliament on 25th July 2019 approved the amendment to the RTI Act, with Rajya Sabha on passing it after negating an Opposition-sponsored motion to send it to a House committee for greater scrutiny. The motion was negated by 117 members voting against the motion and 75 members voting in favour.

The Amendment Bill stipulates that the terms of office of the Central and State Information Commissioners (CIC/SIC) will be determined by the Central government as against the existing provision which guarantees a fixed term of five years or up to an age of 65 years. In addition, the Bill also proposes that their salaries, allowances, and other terms and conditions of service will be determined by the Central government.

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Andhra Pradesh passes Bill for 75% jobs to locals in factories

Andhra Pradesh Legislative Assembly passed Andhra Pradesh Employment of Local Candidates in Industries and Factories Bill, 2019. The bill mandates reserved employment of at least 75% state candidates (locals) in all private industrial units and factories, irrespective of whether companies get financial or any other help from government. With this bill Andhra Pradesh became 1st state to reserve jobs for locals in respective units.

Key Features of Bill

• The 75% reservation to local is provided in private jobs across all categories such as- factories, industrial units, joint ventures (JVs) as well as projects taken up under Public-Private Partnership (PPP) mode.
• If locals with necessary skills are not available, then companies must train them in association with state government and hire them.
• Existing industries, factories, joint ventures and PPP projects will have to comply with these provisions within a period of 3 years from date of commencement of Act. Companies will have to provide quarterly reports about local appointments to a nodal agency.
• Only those units that are listed in 1st schedule of Factories Act (mostly hazardous industries like petroleum, pharmaceuticals, coal, fertilisers and cement, among others) will be exempted from the new Act, after government approval.

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Govt approves changes in POCSO Act, includes death penalty

Union Cabinet on July 10 approved amendments to the POCSO Act, which deals with crime against children, and included death penalty for sexual assault on minors, officials said. The amendments in the Protection of Children from Sexual Offences (POCSO) Act also provide for fines and imprisonment to curb child pornography. 

The changes are expected to discourage the trend of child sexual abuse by acting as a deterrent due to strong penal provisions incorporated in the Act, the government said. “It intends to protect the interest of vulnerable children in times of distress and ensures their safety and dignity. The amendment is aimed to establish clarity regarding the aspects of child abuse and punishment thereof,” it said.

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103rd Constitutional Amendment Act - 10% Quota for General Category

103rd Constitutional Amendment Act: President Ram Nath Kovind on 12th January 2019 gave his assent to the Constitution amendment that provides 10% reservation to the economically backward section in the general category in government jobs and education.

• With the Ministry for Law and Justice issuing a notification about the Constitution (103 Amendment) Act, 2019 receiving the Presidential assent, reservation for the economically weaker among general category is now law.
• The Act amends Articles 15 and 16 of the Constitution — ensuring Fundamental Rights to a citizen — by adding a clause that allows the State to make “special provision for the advancement of any economically weaker sections of citizens”.

These provisions would relate to “their admission to educational institutions, including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions”.

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Surrogacy Bill Passed in Lok Sabha

Lok Sabha has passed the Surrogacy (Regulation) Bill, 2016 which is aimed at prohibiting commercial surrogacy and unethical practices relating to it. The Bill has provisions to constitute National Surrogacy Board, State Surrogacy Boards, and appointment of appropriate authorities for regulation of surrogacy.

It permits surrogacy only for couples who cannot conceive a child. The intending couple must be Indian citizens and married for at least five years with at least one of them being infertile. The surrogate mother has to be a close relative who has been married and has a child of her own.

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Taj Declaration Adopted To Check Plastic Pollution

Taj Declaration to Beat Plastic Pollution’ was adopted by India recently to make the 500-metre area around the 17th-century monument litter-free. Steps would also be taken to phase out single-use plastic there. The government of India has pledged to end disposable, or single-use plastic around the Taj Mahal and the declaration came ahead of the World Environment Day on June 5.

Union Culture Minister Mahesh Sharma, who is also the Minister of State for Environment, United Nations Environment Programme Executive Director Erik Solheim and UNEP Goodwill Ambassador and actor Diya Mirza, adopted the "Taj Declaration" that aims to rid Agra of plastic, in line with this year's theme for the World Environment Day -- "Beat Plastic Pollution". The Taj Mahal is turning yellow and green in the world's eighth most polluted city. One of the seven Wonders of the World, the 17th-century mausoleum flanks a garbage-strewn river and is often enveloped by dust and smog from belching smokestacks and vehicles in Agra. Environmentalists and historians have long warned about the risk of soot and fumes from factories and tanneries dulling the ivory monument.

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Insolvency and Bankruptcy Code (Amendment) Bill 2017

Lok Sabha has passed the Insolvency and Bankruptcy Code (Amendment) Bill -2017.The bill prohibits certain persons from submitting a resolution plan in case of defaults. These include wilful defaulters, promoters or management of the company if it has an outstanding non-performing debt for over a year. 

The Bill also has provisions to bar the sale of property of a defaulter to such persons during liquidation. Earlier, Finance Minister Arun Jaitley moved the bill for the consideration and passing.

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Triple Talaq Bill Passed in Lok Sabha

Lok Sabha passed the Muslim Women (Protection of Rights on Marriages) Bill 2017 making instant triple talaq illegal with up to three years in jail for the husband. As per the Minister for Law and Justice Ravi Shankar Prasad, the government has to bring a bill because the practice of instant triple talaq has continued despite the Supreme Court order terming it illegal.

The proposed law would only be applicable on instant triple talaq or ‘talaq-e-biddat’ and give power to the victim to approach a magistrate seeking subsistence allowance for her and minor children. The bill will now be sent to the Rajya Sabha for passage before it is forwarded to the President for signing it into law.

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Companies (Amendment) Bill, 2017

Companies (Amendment) Bill, 2017: The Parliament has passed the Companies (Amendment) Bill, 2017 with the Rajya Sabha adopting it 20th December 2018. The Lok Sabha had cleared the bill earlier in the monsoon session. The bill intends to strengthen corporate governance standards, initiate strict action against defaulting companies and help improve ease of doing business. It provides for more than 40 amendments to the Companies Act, 2013, which was passed during the previous UPA regime.

Key Features of Companies (Amendment) Bill, 2017

• Group company structure and compliance procedures: The bill has changed definitions relating to ‘holding company’, ‘subsidiary company’, ‘associate company’. It will have impact on group company structure and compliance procedures.
• Compliance procedures and approval mechanism: It enhances scope of compliance procedures and approval mechanism of Related Party Transaction of related parties.
• Shares on private placement basis: It amends this provision in parent Act. It will have impact on both – private companies and public companies.
• Maintenance of Register of significant beneficial owners in a company: The bill adds this new provision. Besides, changes provisions relating to board meetings and shareholders’ meetings, based on operational and compliance issues faced by the corporates.
• Corporate Social Responsibility (CSR): The amendment to CSR provisions are particularly related to its applicability and constitution of CSR. It takes into account the interpretational and operational issues.
• Resident Director and Independent Director: It provides for clarity in applicability and role of Resident Director and Independent Director. Further it elaborated ‘Pecuniary relationship’ in relation to independent directors.
• Loans to Directors: The bill substitutes entire section relating to ‘Loans to Directors’ under the Companies Act, 2013. It introduces certain checks and balances by way of approval process and for enabling ‘loans to directors’, in certain cases.
• Managerial Remuneration: It liberalises provision related to Managerial Remuneration. It replaces requirement of Central Government approval by requirement of approval of shareholders, secured creditors and non-convertible debenture holders, as the case maybe.
• Auditors Report: It mandates requirement that Statutory Auditor of company to report in its Auditors Report on compliance of provisions of managerial remuneration and whether remuneration paid to any director is in excess of prescribed limits.

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GST Important Facts, History, Dates for Exams

Goods and Services Tax (GST), Bill 2017 Important Facts, History, Dates for Exams:

• GST begins its journey in year 2000, the Vajpayee government started a discussion on GST by setting up an empowered committee headed by Asim Dasgupta. He was the then Finance Minister of West Bengal.
• GST was letter discussed in the report of the Kelkar Task Force on Indirect Taxes in 2003.  In 2005, the Kelkar committee recommended rolling out GST as suggested by the 12th Finance Commission.
• After the fall of the BJP-led NDA government in 2004, and the election of a Congress-led UPA government, the new Finance Minister P Chidambaram in February 2006 continued work on the same and proposed a GST rollout by 1 April 2010. 
• In 2008-09, Kelkar Task Force gave a report on the draft of GST called 'A Model and Roadmap for GST in India' and the first discussion was done after the arrival of this report in November.
• In 2011, the 115th Constitution Amendment Bill was introduced for the levy of GST on all goods and services in the Lok Sabha.
• In 2013, the Standing Committee presented its report on GST and in November 2009, the proposal to include the government's petroleum products in GST was rejected by the Empowered Committee.
• Seven months after the formation of the Modi government, the new Finance Minister Arun Jaitley introduced the GST Bill in the Lok Sabha, where the BJP had a majority. In February 2015, Jaitley set another deadline of 1 April 2016 which was postponed.
• After two years of waiting, Rajya Sabha passed the GST the on August 3, 2016 and received President's approval in September 2016.
• Assam on 12th August 2016 became the first state in the country to ratify the constitution amendment bill on the Goods and Services Tax (GST) as the assembly unanimously passed the bill.
• On 22 September 2016 GST Council was formed. This council will decide on tax rate for the new indirect tax system, the exemption given in it and its limits. The Union Finance Minister Arun Jaitley is the Chairman of the GST council.
• In 2017, the government introduced four types of GST bills, including Central GST, Integrated GST, GST Bill of Union Territories and GST Bill.
• On June 20, 2017, Arun Jaitley announced that GST will be launched on the lines of the night of Independence, on the midnight of June 30. and GST bill come in to effect from 1st July 2017 in India.
• 101st Amendment w.e.f 1st July 2017 is done for Goods and Services Tax Act. It do Amendment of article 248,249,250,268,269,270,271,286,366,368,sixth schedule,seventh schedule and Deletion of Article 268An.
• GST is officially known as The Constitution 122nd Amendment Bill, 2014.
• GST Definition: Goods has been defined to mean every kind of movable property. Services have been defined as “anything other than goods”. If we go by the literal meaning of this definition, even immovable property will be treated as services for the purpose of GST. GST will ensure seamless flow of credit across the supply chain, thus overcoming the inflationary effects of cascading of taxes. Further, GST will open up the Indian economy to FDI by foreign investors who are reluctant to invest in India due to its complicated tax structure.
• GST Council in India has proposed a 4 rate structure with two standard rates – 12% and 18%. However there are total 5 tax slab availabe: 0 percent, 5 percent, 12 percent, 18 percent and 28 percent. Moreover there is a special rate of 0.25% on rough precious and semi-precious stones and 3% on gold. In addition a cess of 15% or other rates on top of 28% GST applies on few items like aerated drinks, luxury cars and tobacco products. the government may even levy a cess on sin goods over and above the higher rate of 28%.
• Presently, there are around 160+ countries that have implemented the GST or VAT in some form or the other. France was the first country to have introduced GST.
• India, being a federal country, is going to have a dual-GST structure – Central GST and State GST. The only other country with a dual GST is Canada.
• Lok Sabha in August 2017 passed the Central Goods and Services Tax (Extension to Jammu and Kashmir) Bill, 2017 and the Integrated Goods and Services Tax (Extension to Jammu and Kashmir) Bill, 2017. The two bills will replace the ordinances promulgated earlier in this regard to complete rolling out GST regime the Himalayan State.

Check More GK Notes on various Topics Free at INDIA GK Mobile App: https://play.google.com/store/apps/details?id=com.csurender.dune.indiagk

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Triple Talaq Illegal, unconstitutional - Supreme Court

Supreme Court by a majority verdict on 22nd August ruled that the practice of divorce through triple talaq among Muslims is "void", "illegal" and "unconstitutional". The SC also suspended the practice of instant triple talaq for 6 months. The verdict vindicates the stand of the government, which had said triple talaq violates fundamental rights of women. Several Muslim women who have been divorced because of it, including on Skype and on WhatsApp, had appealed to the top court to end the practice.

The apex court by 3:2 verdict held that the triple talaq is against the basic tenets of Quran. While Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq, asking the government to come out with a law in this regard, Justices Kurian Joseph, R F Nariman and U U Lalit held it as violative of the Constitution and must be struck down. The SC asked the govt to come out with legislation on triple talaq and hoped that the Centre's legislation will take into account concerns of Muslim bodies and Sharia law.

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Banking Regulation (Amendment) Bill, 2017

Banking Regulation (Amendment) Bill, 2017:

• Rajya Sabha on 10th August has passed the Banking Regulation (Amendment) Bill, 2017 with the Rajya Sabha approving it. The Lok Sabha has already passed it. 
• The bill will replace the Banking Regulation (Amendment) Ordinance, 2017 promulgated by President in May 2017.
• Bill basically empowers the Reserve Bank of India (RBI) to give directions to banks to act against loan defaulters. 
• The Bill seeks to amend the Banking Regulation Act, 1949 by inserting provisions for handling cases related to stressed assets. Stressed assets are loans on which the borrower has defaulted or it has been restructured. 
• RBI had, in June, identified 12 'defaulters' who account for around 25% of India's non-performing assets (NPA) and informed banks to take up insolvency proceedings against them.
• The Central Government can authorise the RBI to issue directions to banks for initiating proceedings in case of a default in loan repayment. These proceedings would be under the Insolvency and Bankruptcy Code, 2016.
• RBI may also form committees to advise banks on the resolution of stressed assets. The members will be appointed or approved by the RBI.
• Public sector banks were hit the most as big industrial and infrastructure programmes were supported by them in the hope that there would be further expansion.

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Supreme Court bans sale of BS-III vehicles from 1 April 2017

Supreme Court refused to grant any relief to manufacturers of BS-III (Bharat Stage III) non-compliant vehicles and has directed that such vehicles will not be sold in India with effect of April 1, 2017.  Supreme Court on 29th March banned the sale and registration of vehicles which are not compliant with BS-IV emission norms from 1st April 2017 across the country.  The apex court observed that the "health of the people is far far more important than the commercial interest of automobile manufactures". It is worth mentioning that BS-III (Bharat Stage III) fuel emission standard was introduced in the country in April 2005 (in NCR in 13 large cities) and was implemented nationwide in April 2010. On the other hand BS-IV standard was introduced in NCR and 13 large cities in April 2016 and comes into effect nationwide from 1 April 2017.

Society of Indian Automobile Manufacturers (SIAM) had earlier submitted data on manufacturing and sale of BS-III vehicles on a monthly basis from January 2016 and told the court that the companies were holding stock of around 8.24 lakh such vehicles including 96,000 commercial vehicles, over six lakh two-wheelers and around 40,000 three-wheelers. The manufacturers had also told the court that they were allowed to sell their stocks with old emission norms when new technology was brought in force on the previous two occasions at the time the industry had switched to BS-II and BS-III in 2005 and 2010.

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National Health Policy, 2017

National Health Policy, 2017: Union Cabinet chaired by the Prime Minister Shri Narendra Modi in its meeting on 15th March 2017, has approved the National Health Policy, 2017 (NHP, 2017). Making a statement in the House a day after the Union Cabinet approved the policy, he said it seeks to move healthcare away from sick care to wellness, with a thrust on prevention and health promotion.

About National Health Policy, 2017:

• It aims at achieving universal health coverage and delivering quality health care services to all at affordable cost.
• The main objective of the National Health Policy 2017 is to achieve the highest possible level of good health and well-being, through a preventive and promotive health care orientation in all developmental policies, and to achieve universal access to good quality health care services without anyone having to face financial hardship as a consequence.
• National Health Policy would aim at increasing life expectancy to 70 years from 67.5.
• Reduce fertility rate to 2.1 by 2025.
• Proposes free diagnostics and drugs at all public hospitals.
• NHP, 2017 advocates a positive and proactive engagement with the private sector for critical gap filling towards achieving national goals. 
• The broad principles of the policy is centered on Professionalism, Integrity and Ethics, Equity, Affordability, Universality, Patient Centered & Quality of Care, Accountability and pluralism.
• In order to leverage the pluralistic health care legacy, the policy recommends mainstreaming the different health systems. Towards mainstreaming the potential of AYUSH the policy envisages better access to AYUSH remedies through co-location in public facilities. 
• Yoga would also be introduced much more widely in school and work places as part of promotion of good health.
• The policy advocates extensive deployment of digital tools for improving the efficiency and outcome of the healthcare system and proposes establishment of National Digital Health Authority (NDHA) to regulate, develop and deploy digital health across the continuum of care.
• Government of India formulated the Draft National Health Policy and placed it in public domain on 30th December, 2014. Thereafter following detailed consultations with the stakeholders and State Governments, based on the suggestions received, the Draft National Health Policy was further fine-tuned. It received the endorsement of the Central Council for Health & Family Welfare, the apex policy making body, in its Twelfth Conference held on 27th February, 2016.
• The last health policy was formulated in 2002.

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Aadhaar mandatory for availing subsidised foodgrains from PDS

Government has made Aadhaar card mandatory for receiving subsidised foodgrains from all PDS shops. Department of food and public distribution has issued a notification this regard which requires individual beneficiaries having rashan cards to furnishing Aadhaar number or under go Aadhaar authentication to receive subsidies under national food security Act.  This condition will also applicable for all new beneficiaries. Those who do not have Aadhaar number or not enrolled for Aadhaar can make application Aadhaar enrollment by 30th of June this year. 

Till the Aadhaar is assigned to the beneficiaries of subsidies under NFSA, the entitlements will be given on production of Ration Card and either Aadhaar Enrollment ID slip or copy of his/her request made to State Govt for Aadhaar Enrollment along with any of the 8 documents including Voter ID Card, PAN, Passport, Driving License.

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Cabinet approves IIM Amendment Bill

Union Cabinet on Tuesday approved the Indian Institute of Management Bill, 2017 giving the IIM's complete autonomy. They would be able to grant degrees to their students and be declared as Institutions of National Importance.  The Cabinet also approved interest waiver for November and December 2016, for farmers who have taken short term crop loans from cooperative banks for the Rabi season. The Cabinet also approved interest subsidy for loans up to two lakh rupees for construction of new houses in the rural housing sector. 

The Union Cabinet has given its approval to ratify the Second Commitment Period of the Kyoto Protocol on containing the emission of Green House Gases. The second commitment period of the Kyoto Protocol was adopted in 2012. So far, 65 countries have ratified the Second Commitment Period. In view of the critical role played by India in securing international consensus on climate change issues, this decision further underlines India's leadership and commitment to global cause of environmental protection and climate justice.

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GST to be implemented from 1st July 2017

GST to be implemented from 1st July 2017 and next GST Council meeting will be held on 18th February 2017. Finance Minister Arun Jaitley announced that the roll-out of Goods and Services Tax (GST) has been deferred to July 1, 2017. Earlier, the government had targeted April 1 as the date of implementation. Jaitley said that the deadline of July 1 is more realistic and pragmatic as compared to April 1. “There was a broad view that July 1 appears to be a more realistic date to roll-out. Since it is a transactional tax, it could be implemented a bit later (after the beginning of fiscal year),” the Finance Minister said. Although the process to clear the roadblocks for GST has been pumped up, the next meeting of Finance Ministers would be held directly in February. “The next meeting between us is scheduled in February. The delay is because of most of the finance ministers are busy to prepare for the state budgets.”
Making another major announcement, Jaitley stated that States would be given the upper-hand for assessment of businesses with turnover of less than Rs 1.5 crores GST. “All assesses with GST turnover of Rs 1.5 crore or less, 90 per cent of them will be assessed by States and 10 per cent by the administrative machinery of Centre,” he said.

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Surrogacy (Regulation) Bill, 2016

Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for introduction of the "Surrogacy (Regulation) Bill, 2016".  The Bill will regulate surrogacy in India by establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in the State and Union Territories. The legislation will ensure effective regulation of surrogacy, prohibit commercial surrogacy and allow ethical surrogacy to the needy infertile couples.  All infertile Indian married couple who want to avail ethical surrogacy will be benefited. Further the rights of surrogate mother and children born out of surrogacy will be protected. The Bill shall apply to whole of India, except the state of Jammu and Kashmir. 

The major benefits of the Act would be that it will regulate the surrogacy services in the country. While commercial surrogacy will be prohibited including sale and purchase of human embryo and gametes, ethical surrogacy to the needy infertile couples will be allowed on fulfilment of certain conditions and for specific purposes. As such, it will control the unethical practices in surrogacy, prevent commercialization of surrogacy and will prohibit potential exploitation of surrogate mothers and children born through surrogacy.  No permanent structure is proposed to be created in the Draft Bill. Neither there are proposals for creating new posts. The proposed legislation, while covering an important area is framed in such a manner that it ensures effective regulation but does not add much vertically to the current regulatory structure already in place at the central as well as states. Accordingly, there will not be any financial implications except for the meetings of the National and State surrogacy Boards and Appropriate Authorities which will be met out of the regular budget of Central and State governments. 

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Bihar passes GST Bill in special Assembly session

Bihar has become first non-BJP ruled state to give its consent to the GST Bill on 16th August 2016. Bihar government held a special session of Bihar state legislature to ratify the constitution amendment bill on Goods and Services Tax, GST.  As per constitutional provision before enacting the law of GST, the bill has to be passed by at least 50 percent of the State Assemblies. The GST Bill is aimed at bringing uniform tax regime in the country by subsuming state levies.

Bijendra Prasad Yadav, State Minister for Commercial Tax,  introduced the Bill in the Assembly. The state legislature will also pass Bihar Municipality (Amendment) Bill, 2016. Bihar is the first non-NDA state to ratify the GST Bill. Assam has already ratified the amendment to introduce the tax reform that was passed by Parliament recently. The GST Bill, seen as single biggest tax reform in a long time, needs to be ratified by at least 15 state legislatures before the President can notify the GST Council which will decide the new tax rate and other issues.

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Government issues advisory on use of National Flag

Ministry of Home Affairs has issued an Advisory to ensure strict compliance of the provisions of Flag Code of India. As per government's advisory, flags made of paper only should be used and such paper Flags should not be discarded or thrown on the ground after the event. 

Government issues advisory on use of National Flag:

• Advisory are issued for Strict compliance of the provisions contained in the ‘Flag Code of India, 2002’ and ‘The Prevention of Insults to National Honour Act, 1971’.
•  Flags made of paper only should be used and such paper Flags should not be discarded or thrown on the ground after the event.
• Rather, such flags are to be disposed of, in private, consistent with the dignity of the Flag. 
• The advisory also states that, since plastic flags are not biodegradable like paper flags, wide publicity should be made for not using the National Flag made of plastic. 

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