Expected Questions on Bills, Acts, Policies - 2018 (Part - 2) (Download PDF)

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Real Estate (Regulation and Development) Act, 2016 - Provide for regular auditing: To verify the claims made by builders regarding used funds. Developers have also been mandated to upload information about the project.

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Expected Questions on Bills, Acts, Policies 2018 (In English)

Dr. Manishika Jain discusses Expected Questions on major Bills, Acts, Policies for SSC, bank PO and IAS exam

  • The Rules also provide for compounding of punishment.

  • Bring in regulatory oversight encouraging investments in the sector.

  • Discrimination in sale of properties on any grounds will also not be entertained.

  • Requirement of disclosing Income Tax returns proposed earlier.

Insolvency and Bankruptcy Code 2016

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Insolvency & Bankruptcy Code & IBBI

Dr. Manishika Jain explains Insolvency & Bankruptcy Code & IBBI

  • It is the bankruptcy law of India.

  • Seeks to combine the existing framework by creating a single law for insolvency and bankruptcy.

  • It seeks to amend 11 laws includes:

    • The Companies Act, 2013

    • Recovery of Debts Due to Banks and Financial Institutions Act, 1993

    • Sick Industrial Companies (Special Provisions) Repeal Act, 2003, among others

Key features:

  • Insolvency Resolution

  • Insolvency regulator

  • Insolvency professionals

  • Bankruptcy and Insolvency Adjudicator

Highlights of the code:

  • Code creates time bound processes

  • Resolution processes

  • Information utilities (IUs) will be established

  • National Company Law Tribunal (NCLT) adjudicates insolvency resolution for companies.

  • Insolvency and Bankruptcy Board of India set up to regulate functioning of IPs, IPAs and IUs.

The Juvenile Justice (Care and Protection of Children) Act, 2015

  • Act came into force from January 2016.

  • It replaces the Juvenile Justice (Care and Protection of Children) Act, 2000.

  • Permits juveniles between the ages of 16 - 18 years.

  • Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) will be constituted in each district.

  • Eligibility of adoptive parents and the procedure for adoption included in the Bill.

What are the Draft rules?

  • Detailed ‘child friendly’ procedures

  • “Place of safety” in the state for the rehabilitation of such children.

  • De - institutionalisation of children.

  • Child - friendly infrastructure

  • Mandatory registration

  • Simplified procedures

Prevention of Cruelty to Animals (Pet Shop) Rules, 2016

Notification issued by Union Ministry of Environment, Forest and Climate Change (MoEFCC).

Objective: To make pet shops accountable and to prevent cruelty inflicted on animals kept in such pet shops.

New Rules:

  • Mandatory for all pet shop owners to register themselves with the State Animal Welfare Board (AWB).

  • Pet shops registered only after inspection by the representatives of AWB.

  • Animals are kept in comfortable surroundings and as per define space requirement.

  • Pet shops must have:

    • basic amenities

    • general care

    • veterinary care

    • power back-up

    • other operational requirement for animals in it.

  • Mandatory for pet shops to maintain proper records of sale, purchase, death of animals and sick animals etc.

  • Pet shop owner must submit yearly report to State AWB.

  • Non-compliance of the proposed rules will lead to cancellation of registration of pet shop and pet animals in the shop.

Plastic Waste Management Rules 2016

  • Notified by Union Ministry of Environment, Forest and Climate Change (MoEFCC).

  • Seek to curb over 6000 tonnes of uncollected plastic waste generated daily by industries.

  • Replace the Plastic Waste (Management and Handling) Rules 2011.

  • More stringent and related to usage and production of plastic for more eco-friendly society.

  • Banned plastic carry bags thinner than 50 microns.

  • Retailers and street vendor providing will be fined if their products in plastic packaging which do not conform to the new rules.

  • Gram Panchayats have been given more responsibility.

 Image of Rule's

Image of Rule’s

Image of Rule’s

Act’s

National Waterways Act, 2016

Provisions:

  • Bill identified 101 waterways as national waterways in addition to 5 existing national waterways.

  • Bill repeals the five Acts that had declared the existing national waterways.

  • These five national waterways will be covered under the proposed bill.

Positives of the bill:

  • Expands number of national waterways to 101 from current level of 5.

  • Creating provision for expansion of inland waterways networks.

  • Inland waterways is recognised as a:

    • Fuel efficient

    • Cost efficient

    • Environment friendly mode of transport

Issues and analysis:

  • Technical feasibility

  • Financial sanctions

  • Involvement of states

  • New authorities and policies

  • Inland waterways authority of India (IWAI)

Ordinance to Amend Enemy Property Act:

President Pranab Mukherjee re - promulgated an Ordinance to amend the Enemy Property Act (Eviction of Unauthorised Occupants) of 1971 pending ratification by the Rajya Sabha.

  • The Central Government through the Custodian of Enemy Property for India is in possession of enemy properties spread across many states in India.

  • Misuse of ordinances is one of India’s most enduring Nehru - Gandhi legacies.

Features:

  • Allows transfer of enemy property from the enemy to other persons.

  • Bill declares all such transfers as void.

  • Bill prohibits civil courts from entertaining any disputes with regard to enemy property.

  • Does not provide any alternative judicial remedy (eg. Tribunals).

  • So, it limits judicial recourse or access to courts available to aggrieved persons.

Public Safety Act

  • Act was brought into effect in 1978.

  • To adopt a though measure against timber smuggling in the state.

  • Later, act was used to control militancy related incidents.

  • Under this act, the government can declare any area as ‘protected’.

  • Exercise authority to regulate entry of any citizen in the protected area.

Amendments made to Public safety Act:

  • In 2012 when the state legislature amended PSA by relaxing some of its strict provisions.

  • Pre - trial detention period was reduced.

  • In case of first time offenders detention period for such individuals was reduced from 2 years to 6 months.

  • Option of extending term of detention to two years was kept open.

  • Made mandatory for the detaining authority to furnish reason for any detention.

  • A person detained under the PSA is held without trial.

Real Estate Act

Real estate Act passed by both the house of parliament in March.

  • Bill regulated transactions between buyers and promoters of residential real estate projects.

  • Regulator establishes state level regulatory authorities called Real Estate Regulatory Authorities (RERAs).

  • Mandatory Registration

  • 70 % of the amount collected from buyers.

  • Disclosure - On registration, the promoter must upload details of the project on the website of the RERA.

  • Deadline - If developer fails to hand over the property within the deadline, he would be liable to pay the buyer a certain amount as interest.

  • Appellate body- Decisions of RERAs can be appealed in these tribunals

Issues related to the bill: Parliament’s jurisdiction to make laws related to real estate can be questioned, as “land” is in the State List of the Constitution.

Social Boycott Act

  • Social boycott is a weapon used in rural and some urban communities to reinforce hierarchies and power structures.

  • In India, it is deployed against the deprived sections of society.

  • It aimed at making lives of the boycotted as difficult as possible.

  • Cutting them from all social interactions that make life meaningful.

  • To address this, the Maharashtra government passed the Social boycott act.

What will happen to the current law?

  • One key distinction which has to be kept in mind.

  • Excommunication necessary

  • Fundamental differences in the nature of authority being claimed

  • Social boycott act is unlikely to meet the same fate as its predecessor law.

  • Law’s effectiveness hinges on the ability of the police to necessarily take the side of the individual.

The Child Labour (Prohibition and Regulation) Amendment Act, 2016

  • Empowers Union Government to add or omit any hazardous occupation from the list included in the Bill.

  • Punishment for employing any child increased.

  • Proposes penalty for employing an adolescent in a hazardous occupation.

  • Government may confer powers on a District Magistrate (DM).

  • The Bill aligned with the statutes of the International Labour Organisation (ILO) convention.

  • Increased fines and jail terms will act as a deterrent for employing children.

Concerns:

  • Allowing children to work in family enterprises is a contentious provision.

  • There is no regulation on workings hours of the child.

  • Unregulated employment during childhood.

  • The amendments do not completely ban employment of children.

Top 5 Changes in the Companies (Amendment) Act, 2017

Cabinet approved amendments to the Companies Act, 2013 to ease compliance requirements and certain other provisions:

  • Remove complexities

  • Improve ease of doing business

  • Strengthen corporate governance standards

  • Prescribe strict action against defaulting companies

What are amendments in the company Act?

  • Harmonisation with SEBI and RBI

  • Rationalization of Penalties

  • Easier Private placement process

  • Loans to directors

  • Disqualification for independent director further clarified

Muslim Women (Protection of Rights on Marriage) Act:

  • Uttar Pradesh became first state to endorse Union Government’s draft law- Muslim Women (Protection of Rights on Marriage) Act.

  • Making the practice of instant “triple Talaq” or Talaq-e-biddat a cognizable and non-bailable criminal offence.

  • As the marriage and divorce are included in concurrent list, the Union Government sent the Muslim Women (Protection of Rights on Marriage) Act for consideration of the states.

Draft- Muslim Women (Protection of Rights on Marriage) Act

  • Makes any declaration of talaq-e-biddat or triple talaq by Muslim men illegal and void.

  • Makes talaq-e-biddat or triple talaq a “cognizable and non-bailable” offence, punishable with three years jail and a monetary fine.

  • The law applies to instant triple talaq in “oral, written, electronic, or any other form”.

  • Law is effective across the country but does not apply to Jammu and Kashmir.

The Mines and Mineral Development and Regulation Act, 1957 Amended in 2015

  • The Mines and Mineral Development and Regulation Act, 1957 was amended in 2015 by Ministry of Mines to include Mineral Auction Rules, 2015.

  • Prescribed the procedure of the auction process. On 30/11/2017, further amendments have been proposed.

Benefits of Amendment:

  • Enhanced participation in the auction process.

  • Ease the auction process resulting in more mineral blocks being auctioned successfully.

  • By March 2018, 34 blocks will be put through auction creating additional revenue of Rs. 75, 000 crore.

Non-Forest ‘Bamboo’ Exempted from Forest Act

  • Centre promulgated Indian Forest (Amendment) Ordinance, 2017 to encourage bamboo cultivation in non-forest areas.

  • This move is especially beneficial to entire North Eastern Region (NER) of India.

  • Bamboo grown in non-forest areas exempted from the definition “Tree”.

  • Ordinance amended Section 2 (7) of the Indian Forest Act, 1927.

  • Bamboo was legally defined as a “Tree” under the Indian Forest Act, 1927.

  • Providing a major impediment for bamboo cultivation by non-farmers on non-forest land.

  • Before this amendment, the felling and transit of bamboo grown on forest as well non-forest land attracted the provisions of the Indian Forest Act, 1927 (IFA, 1927).

  • Amendment addresses some of these issues for domestic production.

Bureau of Indian Standards (BIS) Act 2016

A new Bureau of Indian Standards (BIS) Act 2016 has been brought into force with effect from 12th October, 2017. It establishes the Bureau of Indian Standards (BIS) as the National Standards Body of India.

  • The act calls for formation of BIS- Bureau will certify and implement certain standards of quality for goods, articles, processes, etc.

  • Bureau can establish technical committees.

  • Hallmarked valuable metals (articles) are to be sold in certified outlets.

Advantages of New Act:

  • Help in ease of doing business

  • Promote “Make in India” campaign

  • Ensure availability of quality products and services to the consumers

Economic Survey Proposes Transparency of Rules Act

  • The Second volume of Economic Survey 2016 - 17 proposed Transparency of Rules Act (TORA), a progressive legislation to end asymmetry of information regarding rules and regulations faced by an average citizen.

Objective of TORA: To help citizens overcome an opaque mesh of complicated rules leading to corruption and endless litigation.

Key Features of TORA:

  • Requires government departments to mandatorily place all citizen-friendly rules on their website.

  • Government Officials notable to impose any rule not mentioned beforehand.

  • Mandatory updating all existing laws by the department.

  • Websites have to notify the date and time of each change made.

  • Applicable after a specified time after the rule has been posted.

  • “TORA compliant” departments will ensure that citizens get authentic and updated information.

Bill’s

Arbitration and Conciliation (amendment) Bill, 2015

  • The bill amends the arbitration and conciliation Act, 1996

Key Provisions:

  • The relevant court for all arbitration matters would be a principal civil court or high court with original jurisdiction.

  • Applicability of certain provisions to international commercial arbitration.

  • Court must refer the parties to arbitration unless it thinks that a valid arbitration agreement does not exist.

  • Interim order by a Court.

  • Public Policy as grounds for challenging an award.

  • Time period for arbitral awards.

  • Time period for disposal of cases by a Court.

  • Fast track procedure for arbitration.

  • Benami properties are registered in the name of third parties.

Crackdown on Benami Properties

  • Benami properties are usually those that have been purchased using black money.

  • Benami properties are a major avenue for investing and holding black money.

Provisions:

  • Benami transaction means a property is held by or transferred to a person.

  • But, has been provided for or paid by another person.

  • Bill also specifies certain cases will be exempt from the definition of a benami transaction.

  • Bill seeks to establish four authorities to conduct inquiries or investigations regarding benami transaction:

    • Initiating Officer

    • Approving Authority

    • Administrator

    • Adjudicating Authority

What is in the Bill?

  • The archaic Act of 1986 replaced

  • Establishment of BIS

  • BIS gets more power

  • Mandatory certification of certain goods

  • Self-certification

  • Increased business accountability

  • Penalties up to 5 lakh rupees.

  • Appeals may be made to the Director General of the Bureau.

  • Bill first time introduced the concept of conformity assessment with multiple certification bodies.

The Bureau of Indian Standards Bill 2015

  • Placing 30 year old act to promote a culture of products and services through compliance with Indian Standards.

  • Preventing the misuse of standard mark.

Need for this bill:

  • Standards and quality of a product play an important role in consumer protection.

  • Enhancing better quality of life.

  • To make our manufacturers to produce better quality products.

  • To compete in the global market.

What is in bill?

  • The archaic Act of 1986 replaced.

  • Establishment of Bureau of Indian Standards (BIS)

  • BIS gets more power

  • Mandatory certification of certain goods

  • Self – certification

  • Increased business accountability

  • Penalties

  • Appeals may be made to the Director General of the Bureau.

Consumer Protection Bill 2015

  • Government initiated a series of steps to strengthen consumer protection mechanism.

  • Also, bringing a new comprehensive legislation to address various other issues.

  • Bill introduced in Lok Sabha on August 10, 2015.

  • Yet, to be passed in both the houses of the Parliament.

  • The bill replaced the Consumer Protection Act, 1986.

What is the need for the bill?

  • To tap the India’s huge market potential.

  • Large numbers of companies are operating in various sectors.

Industrial Relations Bill, 2015

Need of Bill:

  • Union labour ministry has drafted the new legislation to merge three central labour laws into one.

  • Initiative assumes significance in the backdrop of the government’s bid to consolidate.

  • Reduce the number of central laws.

  • To encourage compliance and improve the ease of doing business.

Provision of bill:

  • Bill in its present form, 107 sections in 13 chapters to deal with all industrial relations issues.

  • Consolidate and amend the law relating to:

    • registration of trade unions

    • conditions of employment

    • investigation and settlement of disputes

    • the matters related therewith or incidental thereto

  • No worker employed in an industrial establishment shall go on strike in breach of contract.

  • No employer or worker or a trade union shall commit any unfair labour practices.

  • Cover three key aspects:

    • right to association

    • right to collective bargaining

    • right to collective service condition

The Environment Laws Bill, 2015

  • Bill attempts to introduce a monetary penalties for environmental damage caused.

  • Proposes amendments to the Environment (Protection) Act, 1986 and the National Green Tribunal Act, 2010.

What does the bill envisage?

  • There are three kinds of environmental damage:

    • substantial

    • non-substantial

    • minor

  • It focusses on environmental damage as pollution.

  • It adds that violation of “statutory environmental obligations”.

  • Bill suggests that the costs of substantial environmental damage, in the form of hazards and pollution.

  • Continuing environmental damage would attract a fixed, per day penalty for all three categories.

  • Also, envisages an adjudicatory body which would determine.

  • Repetitive nature of damage.

  • Continuance of default

  • The National Green Tribunal would entertain appeals from the adjudicatory body envisaged in the bill.

Drawbacks of the current act: The act does not provide a comprehensive civil liability mechanism.

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Expected Questions on Bills, Acts, Policies 2018 (In Hindi)

Dr. Manishika Jain discusses Expected Questions on major Bills, Acts, Policies for SSC, bank PO and IAS exam

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- Published/Last Modified on: June 1, 2018

Policy/Governance, Bills

Monthy-updated, fully-solved, large current affairs-2019 question bank(more than 2000 problems): Quickly cover most-important current-affairs questions with pointwise explanations especially designed for IAS, NTA-NET, Bank-PO and other competetive exams.