Companies bill: Repeals 1956 companies act 1)one person company.

any individual can float 1 person company 2)csr:5 cr profit,500cr networth,1000cr turnover(2%net profit) 3)rotation of auditors.individual auditor for every 5 yrs n auditing firm for every 10 yrs 4)secretarial auditor mandatory for listed companies(on stock xchange) 5) class action suit:a grp of ppl( including auditors,consultants etc)can also b sued along wid d orgsn=>investors,shareholders n depositors have right 2 claim compensation 4m erring orgsns 6)national companies law tribunal:where these ppl can file d suit.1 lakh fine on false applns 7) independent directors wid fixed tenure n liabilities 2 b appointed by an insti of center 8)1 woman member on d board of directors for certain companies

Mdg: hunger n poverty,,edu,,gender equality,,child mortality,,mmr,,diseases,,sustainable envmt,,global partnership

Food security bill: Rural:75% urban:50%. Total:63.5% 5kg/person coarse at 1re,wheat @2,rice@3 for priority group;;for anthyodaya 35/family free. Daily free meals 2 pregnant n lactatin n certain kinds of children
1. The states are responsible for determining eligibility; 2. Pregnant women and lactating mothers are entitled to a nutritious "take home ration" of 600 Calories and a maternity benefit of at least Rs 6,000 for six months; 3. Children 6 months to 14 years of age are to receive free hot meals or "take home rations"; 4. The central government will provide funds to states in case of short supplies of food grains; 5. The current food grain allocation of the states will be protected by the central government for at least six months; 6. The state governments will provide a food security allowance to the beneficiaries in case of non-supply of food grains; 7. The Public Distribution System is to be reformed; 8. The eldest woman in the household, 18 years or above, is the head of the household for the issuance of the ration card; 9. There will be state- and district-level redress mechanisms; and 10. State Food Commissions will be formed for implementation and monitoring of the provisions of the Act. 12.C. RANGARAJAN Is the head of the committee to examination of the food security bill.

LARR:::: R and R authority:for dispute settlement R and R committee:for more dan 100 acres project National monitoring committee:central committee to overlook all d projects Sez railways defence atomic energy projects exempted 5lakh one tym payment / 2000 per month for 20 yrs 20% of dvpd land 2 project affected ppl in proportion to extent of d land lost

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2012
demarcation of vending zones, conditions for and restrictions on street vending.

Any person intending to undertake street vending needs to register with the Town Vending Committee (TVC). He may then apply for a vending certificate that will be issued based on various criteria.

street vending plan once every five year

-ves:

The TVC comprises of the municipal commissioner, representatives of street vendors, local authority, planning authority, local police, resident welfare association and other traders associations. This Bill shall not apply to Railways land, premises and trains.

Minute details not given:criteria of vendors,how to demarcate zones? No of vendors per zone? Stake holders nt included in plan process

Transport / Tourism / Urban development The Real Estate (Regulation and Development) BillI, 2013

The Bill seeks to establish Real Estate Regulatory Authorities (RERAs) at the state level for the regulation and development of the real estate sector. It aims at (a) ensuring consumer protection and (b) standardisation in business practices and transactions in the real estate sector.

Rera(real estate regulatory authority) 1chairperson + 2/3 mems:can penalize real estate promoter,allotte n real estate agent and advice govt to promote real estate
Real Estate Appellate Tribunal: A tribunal, consisting of a chairperson and two members, shall be established to settle disputes related to the provisions in the Act. It shall have the powers of a civil court.

Agents must b regd wid rera.projs in more dan 1000 sqmt/12 aptmts must b regd wid rera
Functions and duties of the promoter: The promoter must (a) make information about the project such as updates on the construction of buildings available to the allottee (b) compensate the allottee on any damages incurred as a result of false advertising; and (c) not accept more than 10% of the total cost of the building without entering into a written agreement with the allottee. If the promoter is unable to give possession of the building to the allottee he or she is liable to return the entire amount given to him by the allottee with interest.

Rights and duties of allottees: The allottees are given certain rights pertaining to accessing information about the site plans and have duties relating to timely payments to the promoter. Offences, penalties and adjudication: The Bill outlines various penalties for non- compliance with the provisions of the Act. Penalties for a promoter are up to 10% of the total cost of the real estate project and penalties for allottees are up to 10% of the total cost of the apartment, for various offences. Adjudicating officers shall determine compensation to allottees.

Security / Law / Strategic affairs The Judicial Appointments Commission Bill, 2013(120th amdmt bill: adds 124(a) article

The Commission is sought to be established for the purpose of recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court, and Chief Justice and other Judges of High Courts. The Bill seeks to enable equal participation of Judiciary and Executive, ensure that the appointments to the higher judiciary are more participatory, transparent and objective. The collegium comprises the Prime Minister, the CJI and Leader of Opposition of the Lok Sabha. The eminent members will retain membership for a three year period and are not eligible for re nomination. The Commission seeks to perform functions that relate to appointment, transfer and quality of candidates.

The procedure for recommendation with respect to appointment of High Court Judges includes eliciting views of the Governor, Chief Minister and Chief Justice of High Court of the concerned state, in writing.

n the case of vacancy due to the completion of term, reference shall be made two months prior to the date of occurrence of vacancy. In the case of vacancy due to the death, resignation, reference shall be made within a period of two months from the date of occurrence of vacancy. Process for selection shall be initiated by the Convener, by inviting recommendations from the Chief Justices of High Courts, the Central Government and the State Governments, for candidates fulfilling eligibility criteria.

HRD / Labour / Health The Drugs and Cosmetics (Amendment) Bill, 2013
The Bill amends the Drugs and Cosmetics Act, 1940 and changes the name of the Act to the Drugs, Cosmetics and Medical Devices Act, 1940.

The Bill proposes changes in the regulation of the import, export, manufacture, distribution and sale of drugs, cosmetics and medical devices and to ensure safety, efficacy, quality and conduct of clinical trials.

medical devices were covered under the definition of drugs. Anyone initiating a clinical trial has to register with the Central Drug Authority (CDA) and get approval from an Ethics Committee registered with it. The Bill creates provisions for the medical treatment and compensation in case of injury or death of a person during participation in a clinical trial or due to it. The CDA will be composed of representatives from the Ministries of Health and Family Welfare, Law, Commerce and Industry, Science and Technology, Chemicals and Fertilisers, DCGI, Indian Council of Medical Research, Directorate General of Health Services, and other experts nominated by the central government, including those from state licensing authorities.

Industry / Commerce / Finance The Securities Laws (Amendment) Bill, 2013

Collective Investment Schemes (CIS) are a class of investment products regulated by SEBI. The Bill widens the definition to include all pooling of funds of Rs 100 crore or above, that are not regulated by any law. The Bill seeks to amend the Securities and Exchange Board of India Act, 1992, with consequential changes in the Securities Contracts Regulation Act, 1956 and the Depositories Act, 1996.

Collective Investment Schemes (CIS) are a class of investment products regulated by SEBI. The Bill widens the definition to include all pooling of funds of Rs 100 crore or above, that are not regulated by any law. The Bill empowers the Chairman of SEBI to authorise search and seizure of documents relevant to an investigation. The Bill provides SEBI with explicit powers to order disgorgement of unfair gains. It also permits SEBI to attach bank accounts and property, and arrest and detain a person for his failure to comply with disgorgement orders or pay any monetary penalty. The Bill establishes special courts to try offences under the Act. Two provisions are being enacted with retrospective effect (i) SEBI is being given the powers to settle non-criminal proceedings by issuing consent orders, and (ii) it may sign agreements for exchange of information with foreign financial regulators.

Science / Energy / Mines/ Environment The Wildlife Protection (Amendment) Bill, 2013

The term of punishment and fines for commission of offences under the Act have been increased. The Bill protects the hunting rights of Scheduled Tribes in the Andaman and Nicobar Islands. The manufacture, sale, transport or use of animal traps except for educational and scientific purposes (with permission) is prohibited.\

Science / Energy / Mines/ Environment The Biotechnology Regulatory Authority of India Bill, 2013

The Bill sets up an independent authority, the Biotechnology Regulatory Authority of India (BRAI), to regulate organisms and products of modern biotechnology. BRAI will regulate the research, transport, import, containment, environmental release, manufacture, and use of biotechnology products. Regulatory approval by BRAI will be granted through a multi-level process of assessment undertaken by scientific experts.

A Biotechnology Regulatory Appellate Tribunal Penalties are specified for providing false information to BRAI, conducting unapproved field trials

The Tribunal has jurisdiction over a substantial question relating to modern biotechnology. However, the Bill does not define this term. Leaving a term undefined could allow for flexibility but could also increase ambiguity. The Tribunal will consist of one judicial member and five technical members. This is not in conformity with a Supreme Court decision that the number of technical members on a bench of a Tribunal cannot exceed the number of judicial members.

HRD / Labour / Health The Building and Other Construction Workers Related Laws (Amendment) Bill, 2013

The RECS Act regulates the employment, service conditions, health, safety and welfare measures of building and other construction workers. The WC Act provides for the levy and collection of a cess on the employer, at the rate of one to two percent of the cost of construction incurred by him. The cess collecting authority (local authority or state government) deducts upto one percent of the amount collected towards the cost of collecting such cess. The cess is paid to the Building and Construction Workers Welfare Board constituted under RECS Act.

Security / Law / Strategic affairs

The Indecent Representation of Women (Prohibition) Amendment Bill, 2012

The Bill seeks to amend the Indecent Representation of Women (Prohibition) Act, 1986, which prohibits indecent representation of women through advertisements or publications, writings and paintings (primarily the print media). The Bill seeks to widen the scope of the Act to cover new forms of communication such as the internet, satellite based communication, cable television etc. The Bill prohibits the publication or distribution of any material, which contain indecent representation of women. This provision does not apply to material, which may be published in the interest of science, literature or art or for bona fide religious purpose or for sculptures in ancient monuments or temples.

Industry / Commerce / Finance

The Public Procurement Bill, 2012

Highlights of the Bill

The Bill seeks to regulate and ensure transparency in procurement by the central government and its entities. It exempts procurements for disaster management, for security or strategic purposes, and those below Rs 50 lakh. The government can also exempt, in public interest, any procurements or procuring entities from any of the provisions of the Bill.

The Bill empowers the government and procuring entity to debar a bidder under certain circumstances

The Bill exempts certain procurements from the specified process, besides allowing the government to limit competition in certain cases. It is unclear why the government has been given further powers to exempt any procurement or procuring entity from the applicability of the Bill.

The Bill specifies Open Competitive Bidding as the preferred method of procurement, without defining the term. The UN Model Law and an earlier draft procurement Bill describe equivalent terms in detail

Security / Law / Strategic affairs The Piracy Bill, 2012

, piracy as a crime is not included in the Indian Penal Code (IPC). This has led to problems in prosecution of pirates presently in the custody of Indian police authorities. The Piracy Bill intends to fill this gap and provide clarity in the law. The Bill prescribes that its provisions shall also extend to the Exclusive Economic Zone of India. The Bill defines piracy as any illegal act of violence or detention for private ends by the crew or passengers of a private ship or aircraft on high seas or at a place outside the jurisdiction of any State. It also prescribes that any act which is held to be piratical under international law shall be included in the above definition.

The Bill seeks to punish piracy with imprisonment for life. In cases where piracy leads to death, it may be punished with death. The Bill also lays down punishments for attempts to commit and abet piracy. Such acts shall be punishable with imprisonment up to 14 years and a fine. The Bill provides that if arms/ ammunition are recovered from the possession of the accused, or if there is evidence of threat of violence, the burden of proof for proving innocence shall shift to the accused. The Bill empowers the government to set up designated courts for speedy trial of offences and authorizes the court to prosecute the accused regardless of his/ her nationality. It also provides for extradition.

Science / Energy / Mines/ Environment The Electronic Delivery of Services Bill, 2011

The Bill requires public authorities to deliver all public services electronically within a maximum period of eight years. There are two exceptions to this requirement: (a) services that cannot be delivered electronically; and (b) services that public authorities, in consultation with the Commissions, decide not to deliver electronically. The Bill establishes Central and State Electronic Service Delivery Commissions to monitor compliance of government departments, and hear representations. Public authorities have to establish a mechanism to redress complaints. Complaints may be for: (a) non-delivery of services in an electronic form; or (b) deficiency in the electronic service provided. In the first case, a representation may be made against the mechanisms orders before the Commission. A maximum penalty of Rs 5,000 may be imposed on a defaulting officer by the Central and State Commissions.

Security / Law / Strategic affairs The Lokpal and Lokayuktas Bill, 2011

The Selection Committee for the Lokpal shall comprise of the Prime Minister (Chief Minister), Speaker of the Lower House, Leaders of the Opposition of the Lower House, the Chief Justice of India (Chief Justice of the High Court) or a judge of the Supreme Court nominated by him, and an eminent jurist nominated by the President (Governor). The Bill makes it mandatory for the Selection Committee to constitute a search committee of at least seven members. At least 50% of the members shall be from among SC, ST, OBC, women or minority communities. The Selection Committee may consider a candidate other than one recommended by the Search Committee.

The Lokpal and Lokayuktas shall consist of one chairperson and up to eight members. The Chairperson shall be the CJI or a present or former judge of the Supreme Court Fifty percent of the other members shall be judicial members . A non-judicial member is required to have 25 years experience in anti-corruption policy, public administration, vigilance and finance.

Members of the Lokpal may be removed by the President after an inquiry by the Supreme Court. The Supreme Court may inquire based on a reference from the President. Such reference may be made by the President on his own, or on a citizens petition if the President is satisfied by it, or on a petition signed by 100 MPs. A Lokpal can enquire into offences under the Prevention of Corruption Act, 1988 (PCA) committed by:

the PM with specified safeguards, current and former Union Ministers, current and former MPs, group A, B, C, D officers, employees of a company, society or a trust set up by an Act of Parliament, or financed or controlled by the central government. employees of association of persons that (i) have received funding from the government and have an annual income above a specified amount; or (ii) have

received public donation and have an annual income above a specified amount or received foreign funding above Rs 10 lakh a year. An inquiry against the PM has to be held in-camera and approved by a 2/3rd majority of the full bench of the Lokpal. The PM cannot be investigated if the complaint is related to international relations, external and internal security, public order, atomic energy and space. The Lokpals inquiry wing is required to inquire into complaints within 60 days of their reference. On considering an inquiry report the Lokpal shall (i) order an investigation; (ii) initiate departmental proceedings; or (iii) close the case and proceed against the complainant for making a false and frivolous complaint. The investigation shall be completed within 6 months. The Lokpal may initiate prosecution through its Prosecution Wing before the Special Court set up to adjudicate

cases. The trial shall be completed within a maximum of two years. The Bill specifies a similar procedure for Lokayuktas. The Lokpals inquiry wing is required to inquire into complaints within 60 days of their reference. On considering an inquiry report the Lokpal shall (i) order an investigation; (ii) initiate departmental proceedings; or (iii) close the case and proceed against the complainant for making a false and frivolous complaint. The investigation shall be completed within 6 months. The Lokpal may initiate prosecution through its Prosecution Wing before the Special Court set up to adjudicate cases. The trial shall be completed within a maximum of two years. The Bill specifies a similar procedure for Lokayuktas.

Agriculture / Rural development The Agricultural Biosecurity Bill, 2013

The Bill aims to establish an integrated national biosecurity system covering plant, animal and marine issues to combat threats of bio-terrorism from pests and weeds. Such a system would not only increase the national capacity to protect human health and agricultural production, it would also equip the country to meet obligations under several trade and sanitary agreements in food and agricultural products. The Bill establishes the Agricultural Biosecurity Authority of India (Authority), The Authority shall be headed by a Director General, appointed by the central government, and comprise experts in plant and animal pests and diseases, and representatives of various ministries and organisations. The functions of the Authority shall include: (i) regulating the import and export of plants, animals and related products; (ii) preventing the introduction of quarantine pests from outside India; and (iii) implementing post-entry quarantine measures

A person shall be responsible for providing information immediately when he becomes aware of the existence of quarantine pests or plant or animal diseases in an area. The Authority may notify any pest to be a quarantine pest. It can also notify an area to be a controlled area if it suspects or determines that the area is infested or infected with a quarantine pest.

The Authority may recommend that the central government declare a biosecurity emergency in an area in case of an outbreak, distribution, or spreading of a pest or organism, which has the potential to cause a significant loss to biosecurity.

Security / Law / Strategic affairs The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

Every public authority is required to publish a citizens charter within six months of the commencement of the Act. The Charter will detail the goods and services to be provided and their timelines for delivery. The Bill requires all public authorities to appoint officers to redress grievances. Grievances are to be redressed within 30 working days. The Bill also provides for the appointment of Central and State Public Grievance Redressal Commissions. A penalty of up to Rs 50,000 may be levied upon the responsible officer or the Grievance Redressal Officer for failure to render services. Parliament may not have the jurisdiction to regulate the functioning of state public officials as state public services fall within the purview of state legislatures. Only citizens can seek redressal of grievances under the Bill. The Bill does not enable foreign nationals who also use services such as driving licenses, electricity, etc., to file complaints.

Industry / Commerce / Finance The Consumer Protection (Amendment) Bill, 2011

Under the Bill unfair trade practice includes a (i) a failure to take back the goods or withdraw the services within a period of 30 days after the receipt of the goods by the consumer; and (ii) disclosure of confidential personal information.

The Bill permits online filing of complaints. Under the Act, the admissibility of a complaint has to be decided within 21 days from date on which the complaint was received. The Bill proposes to increase it to 28 days.

The objectives of the Central Council is to promote and protect the rights of the consumers such as:a) the right to be protected against the marketing of goods and services which are hazardous to life and property. b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices. c) the right to be assured, wherever possible, access to a variety of goods and services at competitive prices. d) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums. e) the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and f) the right to consumer education.

Security / Law / Strategic affairs The Judicial Standards and Accountability Bill, 2010
to lay down enforceable standards of conduct for judges. It also requires judges to declare details of their and their family members' assets and liabilities. Importantly, it creates mechanisms to allow any person to complain against judges on grounds of misbehaviour or incapacity.

The Bill establishes the National Judicial Oversight Committee, the Complaints Scrutiny Panel and an investigation committee. Any person can make a complaint against a judge to the Oversight Committee on grounds of misbehaviour. A motion for removal of a judge on grounds of misbehaviour can also be moved in Parliament. Such a motion will be referred for further inquiry to the Oversight Committee. Complaints and inquiries against judges will be confidential and frivolous complaints will be penalised. The Oversight Committee may issue advisories or warnings to judges, and also recommend their removal to the President. The key issue is whether the balance between independence and accountability is maintained by the proposed mechanism in the Bill. The Oversight Committee has non-judicial members which might impinge on the independence of the judiciary. The Bill penalises anyone who breaches the confidentiality of complaints. It is questionable whether a penalty is needed for a frivolous complaint that remains confidential. The Scrutiny Panel has judges from the same High Court. This is different from the in-house procedure of the Supreme Court. The Oversight Committee has non-judicial members. The procedure of the Committee is not an in-house procedure of the judiciary. It is not clear whether the power of the Oversight Committee to impose minor measures is constitutionally valid. The Bill does not mention whether a judge has the right to appeal to the Supreme Court against an order of removal issued by the President after Parliament finds him guilty of misbehaviour.

Security / Law / Strategic affairs The Citizenship (Amendment) Bill, 2011

Under the Act, Indian citizenship can be acquired by (a) birth; (b) descent; (c) registration; (d) naturalisation; and (d) incorporation of territory.

The Bill enlarges the categories of persons who are eligible for registration as overseas Indian cardholder. The Bill proposes to include (i) a person who is a great grand child of any person who was a citizen of India at, or any time after the commencement of the Constitution; or (ii) a minor child of parents who are citizens of India or one of the parents is a citizen of India; or (iii) the spouse of an Indian citizen who has been married for at least two years before making the application for registration.

The Bill substitutes the term overseas citizen of India with the term overseas Indian cardholder. It defines an overseas Indian cardholder as a person registered as an overseas Indian cardholder by the Central Government under Section 7 A. If a person renounces his overseas Indian card, then his minor child shall also cease to be an overseas Indian cardholder. The registration of the spouse of an Indian citizen shall be cancelled if (i) the marriage has been dissolved by a competent court; or (ii) during the subsistence of such marriage, the spouse has married any other person.

The Bill proposes to include (i) a person who is a great grand child of any person who was a citizen of India at, or any time after the commencement of the Constitution; or (ii) a minor child of parents who are citizens of India or one of the parents is a citizen of India; or (iii) the spouse of an Indian citizen who has been married for at least two years before making the application for registration.

Constitutional Amendments

The Constitution (115th Amendment) Bill 2011 (GST Bill)

The Constitution (One Hundred and Fifteenth Amendment) Bill, 2011 seeks to introduce the Goods and Services Tax to give concurrent taxing powers to both the Union and States. The bill suggests the creation of Goods and Services Tax council and a Goods and Services Tax Dispute Settlement Authority.

Highlights of the Bill

The Bill seeks to amend the Constitution to provide for the introduction of a Goods and Services Tax (GST). The Bill allows both Parliament and state legislatures to frame laws with respect to GST. Parliament will have the exclusive power to levy GST on imports and interstate trade.

The Bill creates a Goods and Services Tax Council consisting of state Finance Ministers, the Union Finance Minister, and Union Minister of State for Revenue to make recommendations with respect to GST.

The Bill provides for a Dispute Settlement Authority to settle disputes between states or between states and the Union with regard to GST. Appeals from the Authority lie with the Supreme Court.

The Bill exempts certain commodities from GST, including petroleum products and alcoholic liquor for human consumption.

Key Issues and Analysis

The GST Council will recommend harmonised tax rates, and disputes regarding these rates will be adjudicated by the Dispute Settlement Authority (with appeal to the Supreme Court). This structure, in which executive and judicial bodies determine tax rates, may impinge on the rights of legislatures.

The Bill seeks to amend the Constitution to provide that Parliament and state legislatures may both frame laws with regard to GST without providing for Parliamentary supremacy.

The GST Council shall make all decisions by consensus. It is unclear whether this may be interpreted as majority or unanimity. The exclusion of certain commodities from GST is contrary to the recommendations of the Thirteenth Finance Commission and Department of Revenue. The Bill constitutionally requires a Union Finance Minister and Union Minister of State in charge of Revenue. This could undermine the flexibility of the Prime Minister in forming a Council of Ministers.