[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 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).

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