Sie sind auf Seite 1von 9

[GKmojo] Bills and Acts

1. Cabinet approves Protection of Human Rights (Amendments) Bill, 2018

The Union Cabinet has introduction of Protection of Human Rights (Amendments) Bill, 2018 in Parliament for better protection and promotion of human rights in the country. The Bill will amend Protection of Human Rights, 1993 which was last amended in 2006.

It proposes to include National Commission for Protection of Child Rights as deemed Member of National Human Rights Commission (NHRC). It proposes to add woman member in composition of NHRC. It proposes to enlarge scope of eligibility and scope of selection of Chairperson, NHRC as well as State Human Rights Commission (SHRCs).

2. Parliament passes Payment of Gratuity (Amendment) Bill, 2017

The Parliament has passed Payment of Gratuity (Amendment) Bill, 2017 to empower government to fix period of maternity leave and tax-free gratuity amount with an executive order. The Bill seeks to amend Payment of Gratuity Act, 1972 on two issues related to maternity leave and ceiling of gratuity payable to an employee.

Payment of Gratuity Act, 1972 It allows for payment of gratuity to employees in any establishment, factory, mine, oilfield, plantation, port, railways, company, or shop employing 10 or more workers. Under it, employees are paid gratuity if they have provided at least 5 years of continuous service at time of termination. Gratuity is calculated based on 15 days of wages for each year of continuous and complete service, subject to a ceiling

3. Cabinet approves Fugitive Economic Offenders Bill, 2018

The Union Cabinet has approved introduction of Fugitive Economic Offenders Bill, 2018 in Parliament. The bill proposed by Finance Ministry aims to curb practice of evading criminal prosecution by economic offenders (wilful defaulters) who flee from country to evade clutches Indian law by remaining outside jurisdiction of Indian courts. The bill will be applicable in cases where the value of offences is over Rs 100 crore.

4. Lok Sabha passes Bill to hike salaries of judges The Lok Sabha passed High

4. Lok Sabha passes Bill to hike salaries of judges

The Lok Sabha passed High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017 to hike the salaries of judges of the Supreme Court (SC) and High Courts (HCs).

of judges of the Supreme Court (SC) and High Courts (HCs). 5. Parliament passes NABARD (Amendment)

5. Parliament passes NABARD (Amendment) Bill, 2017

The Bill seeks to amend National Bank for Agriculture and Rural Development (NABARD) Act, 1981. The Act establishes NABARD for providing and regulating facilities like credit for agricultural and industrial development in the rural areas. The Bill allows Union Government to increase capital of NABARD from Rs. 5000 crore to Rs 30,000 crore.

Further, it allows Union Government to increase the capital more than Rs 30,000 crore in consultation with the Reserve Bank of India (RBI), if necessary.

The Bill provides that Union Government alone must hold at least 51% capital share of NABARD. Further, it transfers share capital held by RBI valued at Rs. 20 crore to Union Government.

6. Parliament passes Insolvency and Bankruptcy Code Amendment Bill, 2017

The Bill amends Insolvency and Bankruptcy Code (IBC), 2016, and replaces Ordinance promulgated in November 2017 to pave way for tightening loopholes in existing code and make resolution process more effective.

The IBC was enacted by the Parliament in 2016 to find time-bound resolution for ailing and sick firms, either through closure or revival, while protecting interests of creditors. Successful completion of resolution process is expected to aid in reducing rising bad loans (NPA-non Performing assets) in the banking system.

7. Parliament passes Maternity Benefits (Amendment) Bill, 2016

It will raise maternity leave for working women from 12 weeks to 26 weeks for two surviving children.

The Bill seeks to amend the Maternity Benefit Act, 1961. The law protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’

• The Bill aims at increasing women’s participation in the workforce which is “decreasing day-by-day.”

The provisions of bill apply to every establishment employing ten or more persons and include mines and factories.

No employer can remove any woman employee on the ground of pregnancy. It is a

mandatory for every establishment having 50 or more employees to have a creche.

There is also a provision in the bill to provide 12 weeks maternity benefit to a commissioning mother and adopting mother (adopting a newborn aged below three).

In this case commissioning mother is defined as a biological mother who uses her egg to create an embryo implanted in another woman.

However, a woman who has two or more children will continue to get only 12 weeks maternity leave.

With this India will be in third position in the world in terms of the number of weeks allowed for maternity leave behind Norway (44) and Canada (50).

8. The Parliament had passed The Constitution (122nd Amendment) (GST) Bill, 2014.

What is GST?

GST is single indirect tax for the whole nation, which will make India one unified common market. It is a single tax on the supply of goods and services, right from the manufacturer to the consumer.

GST is essentially a tax only on value addition at each stage i.e. credits of input taxes paid at each stage will be available in the subsequent stage of value addition. Thus, the final consumer will bear only the GST in the supply chain charged by the last dealer with set-off benefits at all the previous stages.

Which indirect taxes will subsume into GST?

At the Central level: (i) Central Excise Duty, (ii) Additional Excise Duty, (iii) Service Tax, (iv) Additional Customs Duty (also known as Countervailing Duty) (v) Special Additional Duty of Customs.

At the State level: (i) State Value Added Tax (VAT) or Sales Tax, (ii) Octroi and Entry tax, (iii) Purchase Tax, (iii) Luxury tax, and (iv) Taxes on lottery, betting and gambling (v) Entertainment Tax (other than the tax levied by the local bodies) (vi) Central Sales Tax (levied by the Centre and collected by the States).

Lok Sabha passed 4 GST Bills

Lok Sabha has passed four Bills relating to the implementation of the Goods and Services Tax (GST). It paves way for implementing a new, consolidated indirect tax regime from July 1, 2017. The four bills passed were Central GST Bill, Integrated GST Bill, GST Compensation Bill, and the Union Territory GST Bill, 2017.

These Bills were passed as Money Bills, thus eliminates the role of Rajya Sabha. The fifth GST legislation, the State GST Bill, needs to be separately passed by the respective legislative assemblies of each of the States and Union Territories with legislature.

Key Facts The tax rates under GST regime will be based on the recommendation GST Council. Council has two-thirds voting by States and one-third by Centre. The GST laws passed by Parliament will not apply to Jammu and Kashmir, as it will have to legislate its own law and integrate with the GST regime.

There will be no single rate under GST as it will be not possible and it will be highly regressive. So The GST Council has recommended a four-tier tax structure 5, 12, 18 and 28%.

On top of the highest slab (28%), a cess will be imposed on luxury and demerit goods

to compensate the states for revenue loss for five years. Essential food articles will not taxed and those will continue to be zero rated under the GST. All other commodities will be fitted into the nearest tax bracket.

9. Parliament passes Child Labour (Prohibition and Regulation) Amendment Bill, 2016

The Bill calls for complete ban employment of children below 14 in all occupations and enterprises, except those run by his or her own family.

It defines children between 14 to 18 years as adolescents and bars their employment in any hazardous occupations.

It makes child labour a cognizable offence attracting a jail term of up to two years and penalty upto fifty thousand rupees.

The Bill has a provision of creating Rehabilitation Fund has also been made for the rehabilitation of children.

10.Parliament passes The Employees Compensation (Amendment) Bill,

2016

The Parliament has passed The Employees Compensation (Amendment) Bill, 2016. The Bill amends the Employee’s Compensation Act, 1923. It ensures compensation up to Rs 1 lakh to employee if an injured in an industrial accident and imposes hefty penalty in case of any violation by the employers.

Mandatory for employers to inform the employee of his right to compensation under the Act. Such information must be given in writing at the time of employing him. The Employee’s Compensation Act, 1923

It provides payment of compensation to employees and their dependants in the case of injury by industrial accidents, including occupational diseases.

11. Cabinet approves setting up of National Commission for Socially and Educationally backward classes

The Union Cabinet approved setting up of National Commission for Socially and Educationally Backward Classes (NSEBC) as a constitutional body. In this regard, constitutional amendment bill for amending Constitution mainly by insertion of Article 338B will be soon introduced in the Parliament.

There have been demands in Parliament for grant of constitutional status to the NCBC to enable it to hear the grievances of Other Backward Classes (OBCs) in the same manner like that of the National Commission for Scheduled Castes (constituted under Article 338) and National Commission for Scheduled Tribes (constituted under Article 338A) hear complaint.

Function of NCBC: Examine requests for inclusion of any class of citizens as a backward class in the lists. Hear complaints of under-inclusion or over-inclusion of any backward class in such lists. Tender such advice to the Central Government as it deems appropriate. Its advice was ordinarily binding upon the Central Government.

12. The Juvenile Justice (Care and Protection of Children) Act, 2015 comes into force

Aims at ensuring protection, proper care, development and social reintegration of children in difficult circumstances by adopting a child-friendly approach.

Permits trying of juveniles between the ages of 16 and 18 years as adults for heinous offences.

Establishment of Child Welfare Committees (CWC) along with Juvenile Justice Boards (JJB) in each district.

Empowers JJB to examine the nature of crime and decide whether it was committed as a child mind or as an adult mind.

13. Lok Sabha passes Payment of Wages (Amendment) Bill, 2017

The Lok Sabha has passed the Payment of Wages (Amendment) Bill, 2017 to enable employers to pay wages to workers through cheque or directly crediting to their accounts. Earlier, under the parent Act employer can pay his employee’s wages either by cheque or by crediting it into his bank account after obtaining his written authorisation. Permit the employer to pay an employee’s wages: (i) by cheque; or (ii) by crediting them into his bank account or (iii) in coin or currency notes. It removes the requirement of obtaining prior written authorization for payment of wages by cheque or through a bank account.

14. Union Cabinet approves Indian Institute of Management Bill, 2017

The Union Cabinet has approved the Indian Institute of Management (IIM) Bill, 2017, under which the IIMs will be declared as Institutions of National Importance. It will also enable IIMs to grant degrees rather than diplomas to their students. At present IIMs are not authorised to award degrees as they registered as societies. Hence, they are awarding Post Graduate Diploma and Fellow Programme in Management.

15. Tamil Nadu Assembly unanimously passes Jallikattu Bill

The special session of Tamil Nadu Assembly has unanimously passed Prevention of Cruelty to Animals (Tamil Nadu Amendment), Act, 2017 to lift Supreme Court imposed ban on the traditional sport of Jallikattu. The bill will now replace the ordinance promulgated in this regard by the Governor on the recommendation of state government.

16. Real Estate Act comes into effect

The Real Estate Act which aims to protect the interests of homebuyers by ensuring transparency has come into effect.

The Ministry of Housing and Urban Poverty Alleviation (HUPA) has asked all the states and Union Territories to implement the Act with letter and spirit. Since land is a state subject, real estate sector comes within the ambit of the state governments.

The Real Estate (Regulation and Development) Bill, 2016 was passed by Parliament in March last year. Partially, the act came into force on 1 May last year with 59 of 92 notified sections of the act coming into force. The remaining provisions have come into the force now. Already the act has been notified by 13 states and Union Territories including Andhra Pradesh, Uttar Pradesh, Bihar, Gujarat, Delhi, Daman and Diu.

Salient Provisions

Buyers and developers of real estate property can seek relief by approaching Real

Estate Regulatory Authorities against violation of the contractual obligations and other provisions of the Act.

The act provides for the mandatory registration of projects and real estate agents.

The act mandates depositing 70% of the funds collected from buyers in a separate

bank account for construction of the project. The funds could be withdrawn only for

construction purposes.

The act prescribes penalty on developers if the project is delayed. The project

developers are required to disclose the project details on the website of the regulator

and need to provide quarterly updates on construction progress.

Under the act, the Regulatory authorities are required dispose of complaints in 60 days and Appellate Tribunals will be required to adjudicate cases in 60 days.

17. Parliament passes HIV and AIDS (Prevention and Control) Bill, 2017

Parliament has passed the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) (Prevention and Control) Bill, 2017. It is the first national HIV law in South Asia. The Bill seeks to safeguard the rights of people living with HIV and affected by HIV. It aims to prevent social stigma and discrimination against people living with HIV (PLHIV).

Key Provisions

Prevention and control the spread of HIV and AIDS. It prohibits discrimination against persons with HIV and AIDS. Privacy of PLHIV: No person will be compelled to disclose his HIV status except with his informed consent, and if required by a court order. Establishments keeping records of information of PLHIV must adopt data protection measures. Prohibits any individual from publishing information or advocating feelings of hatred against HIV positive persons and PLHIV.

Safeguarding Rights: Obligations on establishments to safeguard rights of persons living with HIV arid create mechanisms for redressing complaints. Strengthen legal accountability and establish formal mechanisms for inquiring into complaints and redressing grievances to probe discrimination complaints against those who discriminate against PLHIV. It ensures that no HIV test, medical treatment or research is conducted on a person without his informed consent.

Grounds of discrimination: Lists various grounds on which discrimination against HIV-positive persons and those living with them is prohibited. These include the denial, discontinuation, termination or unfair treatment with regard to employment, educational establishments, health care services, renting property etc. Bans unfair treatment of people living with and affected by HIV with regard to accessing public facilities, such as shops, hotels, restaurants, public entertainment venues, public facilities and burial grounds.

Pre-requisite HIV testing: Prohibits, requirement for HIV testing as a pre- requisite for obtaining employment or accessing health care or education.

18. Motor Vehicles (Amendment) Bill, 2016

The Lok Sabha has passed the Motor Vehicles (Amendment) Bill, 2016 by a voice vote to give more thrust to road safety, controlling pollution and accidents. The bill seeks to amend the Motor Vehicles Act, 1988 that provides for legal standards for motor vehicles, grant of driving licenses, and penalties for violation of these provisions.

Key Provisions

National Transportation Policy: Union government must frame National Transportation Policy, in consultation with the states.

Recall of vehicles: It empowers Union government to order for recall of motor

vehicles if a defects in the vehicle may cause damage to the environment, or the

driver, or other road users.

Motor Vehicle Accident Fund (MVAF): Mandatory for Union government to

constitute Motor Vehicle Accident Fund to provide compulsory insurance cover to all

road users in India.

MVAF will be credited with cess or tax as approved by Union government, grant or loan made by Union government or any other source prescribed by Union government.

Care for road accident victims: Union government will develop a scheme for cashless treatment of road accident victims during golden hour.

It defines golden hour as the time period of up to an hour following a traumatic

injury, during which the likelihood of preventing death through prompt medical care

is the highest.

Compensation for death: It increases the compensation for death in a hit and run case from to Rs two lakh or more from Rs 25,000, as prescribed by the Union government.

Protection of good Samaritans: It defines a good samaritan as a person who renders emergency medical or non-medical assistance to a victim at scene of an accident in good faith, voluntary and without the expectation of any reward.

Good Samaritans will not be held liable for any criminal or civil action for any injury to or death of an accident victim. Union government may frame rules to provide for

procedures for their questioning or disclosure of personal information.

Aggregator services: It defines an aggregator as a digital intermediary or market place and their services may be used by a passenger to connect with a driver for transportation purposes.

It makes mandatory for these aggregators to obtain licenses and comply with the Information Technology Act (IT), 2000.

Electronic services: The Bill provides for the computerization of certain services to improve delivery of services to the stakeholders using e-Governance.

It enables (i) online learning licenses, (ii) increases period of driving licenses validity, (iii) Do away with the requirements of educational qualifications for transport licenses etc.

It also proposes Aadhar based verification for grant of online services including

learner’s licence to ensure the integrity of the online services and stop creation of

duplicate licences.

Offences and penalties: It increases the penalties for several offences under the parent Act for high risk offences like drunken driving, dangerous driving, overloading, non-adherence to safety norms by drivers.

Offences committed Juveniles: The owner or guardian will be deemed guilty in cases of offences by the Juveniles. Juvenile will be tried under JJ Act and the registration of Motor Vehicle will be cancelled.

All the best by GKmojo