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What do you think about Prakash Raj's statement "3000 Cr for a statue and only 500 Cr for Kerala floods"?
Looks like Prakash Raj is either totally blind and deaf or mad in BJP hate.First Statue of Unity is funded 90% by Gujarat state and project started in 2013 before Narendra Modi took over charge as Prime Minister of India. So as far as Center is concerned it only gave 309 crore rupees for Statue of Unity. Rest all 90% cost was managed by State Government of Gujarat. So How State of Gujarat spends its money it is its own matter. Gujarat was impacted by floods in 2017 on very large scale 224 people died and 19 districts were impacted apart from Centers 500 crore relief package Gujarat did not ask for any help and it managed to revive itself out of the flood situation. Gujarat state also donated 10 crore in Kerala flood relief.On top of this 3000 crore is investment for Gujarat Government which will be recovered in less than 3 years in various way read my answer for detailsStatue of Unity is Gujarat State governments project, below is timeline of Statue of Unity:October 7th 2010: Narendra Modi first announced the project to commemorate Sardar Vallabhai Patel at a press conference to mark the beginning of his 10th year as the Chief Minister of Gujarat.October 31st 2013: Narendra Modi, then serving as Chief Minister of Gujarat, laid the statue's foundation stone on the 138th birth anniversary of Sardar Patel's Statue of Unity - WikipediaDecember 15th 2013: The Statue of Unity Movement organised a Suraaj ("good governance" in Hindi) petition which was signed by an estimated 20 million people, which was the world's largest petition.[8] A marathon entitled Run For Unity was held on 15 December 2013 in Surat in support of the Statue of Unity project.[9]Gujarat State Governments allocated funds for statue since Year 2013 when foundation was laid. Total Rupees 2980 crores are given by State of Gujarat.2018-19 Rs 899 crore2016-17 Rs 1066 crore*2015-16 Rs 915 crore2013-14 Rs 100 croreFact Check: Who funded the tallest statue of the world?Central government provisioned total budget amount for the Statue of Unity between 2014-2018 is 309 crore2014-15 Rs 100 croreRs 75 crore in 2015-16.In 2016-17 the government has allocated Rs 134 crore in the budget.In 2018 Central Government has not allocated any money for Statue.Here's the individual amount donated by the public sector oil companies over the years as per the CAG report.PUBLIC SECTOR UNDERTAKING, AMOUNT GIVEN UNDER CSR- 146.83 croreOil and Natural Gas Corporation Limited Rs 50 croreIndian Oil Corporation Limited Rs 21.83 croreBharat Petroleum Corporation Limited Rs 25 croreHindustan Petroleum Corporation Limited Rs 25 croreOil India Limited Rs 25 croreSo Statue of Unity project was approx 95% complete before the Kerala was hit by floods and approx 90% funding was done by State government of Gujarat. Now why should state of Gujarat give money to state of Kerala which did not donate a single penny when Gujarat was hit by floods in July 2017. So as far as center and PM Modi is concerned he has given way more than other 3 states to Kerala. Not sure why Kerala state government is not capable of reviving itself on its own just like Gujarat and Bihar did in 2017 floods.Prakash Raj either don’t know or does not want to admit the rupees 1462 crores actual amount which was given by Center for flood relief to State government of Kerala which is way more than 500 crore what he quoted.The Prime Minister of India, Narendra Modi announced a sum of ₹500 crore (US$70 million) as interim relief for Kerala on 18 August 2018.Rupees 2 Lakh were given to the deceased victimsRupees 50000 given for every injuredCentral government made the ₹562.45 crore (US$78 million) out of SDRF to Kerala State Government. This came from Center's annual budget for Disaster and Recovery.Rajnath Singh, Home Minister announced ₹100 crore (US$14 million) announced on 12 August 2018 when situation of Kerala floods was very grim and severe.Center release 89540 metric ton rice for Kerala flood relief victims. Per metric ton rice price in May 2018 was 30243 Rupees. [1] so Rupees 270.79 crores given in just the form of Rice.The central government, in one of the largest rescue operations, deployed 40 helicopters, 31 aircraft, 500 boats, 182 rescue teams and 18 medical teams of defence forces, 58 teams of NDRF and 7 companies of Central Armed Police Forces. Together they saved over 60,000 human lives. Whole this operations cost was borne by center.Total monetary relief given by Center to Kerala flood relief is 1462 Crores which is way more than other states which were hit by flood in India in 2017–2018 period. Bihar floods were more devastating with its wide scale of impact to lives as well as number of people which were evacuated and damage.Center has waived off the GST and duty on all the relief material that will be brought in for Kerala floods.Read this great answer from a proud Keralite on the flood relief given by Center Vishnu Sajeevan's answer to Why is the central government not giving enough support to the Kerala floods? Center has helped Kerala flood relief so much that State Government of Kerala don’t need to do much.But Prakash Raj, Leftist and Communists are busy in creating the ruckus and delay the relief for political advantage and trying to blame Center for it. But truth is 90% of Kerala flood relief is handled by Center todayGujarat Floods 2017Following heavy rain in July 2017, the Indian state of Gujarat was affected by severe flooding. The floods were reported to have caused total 224 deaths between 1 June and 31 July 2017.Prime Minister’s reaction to the disaster in his home-state was prompt. A day after the deaths, he announced an interim relief package of Rs 500 crore and he undertook an aerial survey of the flood-hit areas with Chief Minister Vijay Rupani.Gujarat state government gave 10 crores to Kerala for flood relief. Kerala state government did not gave a penny.Assam foods 2017From June 13 to August 3 this year, the north-eastern state battled floods that came in two waves and killed 41 people. Nearly 11 lakh people in seven districts of the state were affected.Jitendra Singh, Ministry of Development of North Eastern Region, PMO office, announced Rs 340.4 crore as an interim flood relief package for the state—Rs 239.40 crore by way of the first installment of central share of State Disaster Response Fund (SDRF) and Rs 101 crore as the contribution from the Ministry of Northeast (DoNER).Assam State government gave 3 crores in Kerala flood relief, Kerala state governmen did not gave a penny to AssamBihar floods 2017Flash floods in several rivers—Gandak, Burhi Gandak and Bagmati, Kamla, Kosi and Mahananda—killed as many as 514 people and affected another 1.71 crore people across 19 districts of North Bihar from August 12 to August 20 in 2017. The deluge was a result of torrential rains in the foothills of Himalayas in Nepal and other adjoining areas in the catchment area of major rivers in the state.Prime Minister Narendra Modi conducted an aerial survey of four affected districts—Purnea, Katihar, Kisanganj and Araria—with the Chief Minister Nitish Kumar and announced Rs 500 crore as immediate relief for the state besides Rs 2 lakh each to the kin of those who died in the floodConsidering four states which were impacted in 2017–2018 Center has given way more than other 3 states to Kerala in relief. For Kerala floods all other states donated total of ₹212 crore rupees but in other 3 floods which happen before Kerala floods state government of Kerala did not donate anything.Bihar state government gave 10 crores to state of Kerala for flood relief, Kerala state government did not gave a penny to Bihar.So Kerala not getting enough funds from center is just a political cry for political mileage by the leftists and Communist. if they agree to what center has done for Kerala flood relief than Kerala would wholeheartedly vote for BJP in upcoming Assembly and Lok Sabha elections. hence left are trying to create this illusion about Center depriving Kerala on flood relief which is not true2018 Kerala floods - Wikipedia2017 Gujarat flood - Wikipedia2017 Bihar flood - WikipediaCentre releases Rs 600 crore to Kerala, waives off customs duty, GST on relief materials - Times of IndiaFact Check: Who funded the tallest statue of the world?89,540 tonne foodgrains, 100 tonne pulses to be supplied to flood-hit Kerala: Paswan - Times of India2017 South Asian floods - WikipediaWorst flood in 29 years hits Assam - Times of India ►Footnotes[1] http://1. ice - Monthly Price (Indian Rupee per Metric Ton) - Commodity Prices - Price Charts, Data, and News - IndexMundi (https://www.indexmundi.com/commodities/?commodity=rice&months=60¤cy=inr)
What are the bills, laws and policies that are important to study for the Civil Services Exam?
This is a good question, let's enumerate some important laws which came in the newspapers in the past 12 months.We shall make this post crowd-sourced. And we are planning to reward our contributors by giving them credits* -Detailed Well Presented 100 word Explanation - 2000Giving Valid Links and a Small Brief - 1000Giving Names of New Laws - 500Contributors (As of now) - Jai Parimi, Divya Malika, Prasanna, Ashutosh Pandey, Arihant Pawariya (अरिहंत पावङिया), Divya Choudhary (दिव्या चौधरी), Varsha Singh, Priyanka Peeramsetty, User, Gaurav Kumar, Jagannadh, Arpit Pareek, Nikhil Deshmukh, Harshit Ladva1) The National Judicial Appointments Commission Bill, 2014 and the 99th Constitutional AmendmentA bill to provide for the composition of the Judicial Appointments Commission for the purpose of recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court, Chief Justices and other Judges of High Courts, its functions, procedure to be followed by it and for matters connected therewith or incidental thereto.Key Issues and AnalysisThe current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee. They vary in the role of the executive and judiciary in making appointments of judges.The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law. This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament.The Standing Committee examining the JAC Bill has recommended that (i) the JAC be composed of three eminent persons, (ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and (iii) the center also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.2) Land Acquisition, Rehabilitation and Reservation Act, 2013Objective - The principle objective of the new bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition. The title has been amended to reflect this.Need - There is unanimity of opinion across the social and political spectrum that the Old Law (The Land Acquisition Act 1894) suffers from various shortcomings and is outdated. Some of these include Forced acquisitions, No safeguards, Silent on resettlement and rehabilitation of those displaced, Urgency clause, Low rates of compensation, Litigation. To say the least, the Old Act needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution.Link - Land Acquisition, Rehabilitation and Resettlement Act, 20133) Companies Act, 2013 (CSR Pref)Objective - Effective from financial year 2014-15, every company, private limited or public limited, which either has a net worth of Rs 500 crore or a turnover of Rs 1,000 crore or net profit of Rs 5 crore, needs to spend at least 2% of its average net profit for the immediately preceding three financial years on corporate social responsibility activities.Impact - The CSR activities undertaken by the companies will benefit hunger and poverty eradication, promoting preventive healthcare, promoting education and promoting gender equality, setting up homes for women, orphans and the senior citizens, measures for reducing inequalities faced by socially and economically backward groups, ensuring environmental sustainability and ecological balance, animal welfare, protection of national heritage and art and culture and many more.Link - Companies Act, 2013, Companies - It's a good articlePRSIndia– This describes the whole of companies act – Checkpoint 135 for CSR4) Right to Information Act (RTI), 2005Objective - Landmark bill, which realized the Right to seek and access Information in line with the interpretation of Art.19(1)(a) of our constitution.Impact - Champion to ensure Transparency and accountability in the governance procedures. it enforces the right of every citizen of India to have an access to the information regarding any money given by the State to any authority, thereby causing such authority to utilize such money reasonably and judiciously and also for keeping a check over their conduct and indulgence in corrupt activities. In 2002, SC’s verdict gave the citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service and public servants cannot claim exemption from disclosure of charges against them or details of their assets. It is a powerful tool which can be realised in changing social dynamics and needs.Criticism - Debates regarding the ambit of RTI’s scope have been articulated, to be extended, say to the political parties, temples, schools and also privatized public utility companies. Evidences of misusage have come to the limelight, say Naxalites using RTI’s to check the assets of local landlords to loot themGuide to RTI : Page on rti.gov.in5) Special Economic Zones (SEZ) Act, 2005Objective - The SEZ Act is expected to give a big thrust to exports and consequently to the foreign direct investment (“FDI”) inflows into India, and is considered to be one of the finest pieces of legislation that may well represent the future of the industrial development strategy in India. The new law is aimed at encouraging PPP to develop world-class infrastructure and attract private investment (domestic and foreign), boosting economic growth, exports and employmentImpact - The government gets the capital needed to establish the required infrastructure and also the expertise. SEZ’s with relaxed import tariffs help the Import dependent and export driven industries to flourish. SEZ’s create immense employment opportunities and improve the country’s foreign export.Criticism - Practical implementation witnesses several backlogs ranging from regional disparities, grabbing arable land, labour laws issues and supply chain management which fail to be addressed effectively through the bill6) Criminal Law (Amendment) Act, 2013Objective -The government introduced the Bill to redefine the offence of rape and amend the penal laws in line with the recommendations of the Law Commission and the National Commission for Women. The government withdrew the previous Bill and Ordinance, and introduced the Criminal Law (Amendment) Bill, 2013. The changes wrt the ordinance in the act are:Impact - Popularly known as the Anti-rape bill, this came out of the protests of 2012 Delhi Gang rape case.Criticism - For not including certain suggestions recommended by the Verma Committee Report like, marital rape, reduction of age of consent, amending Armed Forces (Special Powers) Act.Some detailed work: http://www.atimysore.gov.in/workshops/wppts/gender_issues/crim_law_amnd_2013_drjagadeesh_jsslaw_college.pdf7) Sexual Harassment of Women at Workplace Act, 2013Objective - To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. the protection against sexual harassment and the right to work with dignity are universally recognized human rightsImpact - On a broader line, this ensures safe work environment for women against sexual abuse at work place and is capable of garnering a greater female work force and these are the Major features the act provides for.Criticism - It does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers. The burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Furthermore, the law requires a third-party NGO to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.8) DNA Profiling Bill, 2012Purpose - DNA analysis makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead without any doubt.Tip - Lawful purposes of establishing identity in criminal or civil proceedings.Impact - It will be essential to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a Data Bank with policies of use and access to information therein, its retention and deletion.DNA Data Bank Manager will supervise, execute and maintain this system and a DNA Profiling Board of eminent scientists, administrators and Law enforcement officers will administer and carry out other functions assigned to it under this Act.Link - DNA Profiling Bill - PDF9) Nuclear Safety Regulatory Authority Bill, 2011Purpose - So far, India has excellent record in nuclear safety and radiation safety; but the Central Government intends to promote nuclear energy to meet shortfall in total energy requirement of the country; and whereas such excellent safety record in nuclear safety and radiation safety is required to be sustained for growth in the nuclear energy sector.Impact - Now, therefore, it has been considered necessary and expedient to establish regulators to ensure continued excellence in nuclear safety and radiation safety in all applications of radiation and atomic energy on a large scale.10) Civil Liability for Nuclear Damage Bill, 2010Purpose - As the name itself indicates that it is an Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator.Impact - Appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission connected there with.11) IT Act, 2000 and IT (Amendment) Bill, 2006Purpose - It is an Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper based methods of communication and storage of information, to facilitate electronic filings of documents with the Government and other related agencies.Tip - It is renamed as the Information Technology Act, 2008Impact - To promote efficient delivery of Government services by means of reliable electronic records.12) National Green Tribunal Bill, 2009Purpose - For the effective disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal rights relating to environment and giving relief and compensation for damages to persons and property.Impact - National Green Tribunal law is enacted in view of the involvement of multi-disciplinary issues relating to the environment and also to implement the decisions taken at Rio de Janeiro and Stockholm Conferences.Link - NGT Bill - PDF13) Monopolies and Restrictive Trade Practices Act, 1969Objective - It is designed to ensure that the operation of the economic system does not result in concentration of the economic power to the common detriment.The act also provides for probation of monopolistic, unfair and restrictive trade practices.Impact - The MRTP Commission if on enquiry concludes that the practice under consideration is of restrictive or unfair in nature , it may:Order discontinuation of the practice and restrict its repetition (cease and desist order ), the agreement shall be void and shall stand modified as may specified in the order. It extends to the whole of India except the State of Jammu and Kashmir.Link - MRTP Act, 196914) Mines and Minerals (Development & Regulation) Amendment Bill, 2008(Coal scam and SC verdict, so important)Objective - To develop and regulate mining & mineral industries and bring it under the control of one union by setting up mineral funds on National level, granting concessions, share benefit schemes while preventing illegal mining.Impact - Safeguards on regulating and safe disposal of waste in consonance with environmental norms will be incorporated. Through implementation of proper taxing and speedy approvals on action against violations illegal mining will be preventedLink - Mines and Minerals (Development and Regulation) Amendment Bill 200815) Whistleblower Protection Bill, 2011It seeks to establish a mechanism to register complaints on any allegations of corruption or wilful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint.Highlights of the BillThe Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the complainant.Key Issues and AnalysisThe Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimizing a complainant.16) Juvenile Justice(Care and Protection) Bill 2014Objectives: The Bill seeks to achieve the objectives of the United Nations Convention on the Rights of Children. It specifies procedural safeguards in cases of children in conflict with law. It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc. The Bill further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years.Coverage: The Bill defines a child as anyone less than 18 years of age. However, a special provision has been inserted for the possibility of trying 16-18 year old committing heinous offenses, as adults. A heinous offense is defined as one for which the minimum punishment under the Indian Penal Code is seven years.17) Citizens Charters & Grievance Redressal Bill, 2011. (CCGR)The Citizen's Charter and Grievance Redressal Bill 2011 also known as The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 or Citizens Charter Bill was a proposed in Lok Sabha in December 2011. The bill lapsed due to dissolution of the 15th Lok Sabha.The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 lays down obligations of every public authority towards citizens, specifying delivery of goods and services in a time-bound manner and providing for a grievance redressal mechanism for non-compliance of citizens charter.Highlights :The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.The Citizen’s Charter shall list the details of the goods and services provided by a public authority; the name of the person or agency responsible for providing the goods or services; the time frame within which such goods or services have to be provided; the category of people entitled to the goods and services; and details of the complaint redressal mechanism.Grievance redress officer : It requires every public authority to designate grievance redress officers in all public offices to enquire into and redress any complaints from citizens in a timeframe not exceeding 30 days from the date of receipt of the complaint.Public Grievance Redressal Commissions : The Bill provides for constitution of the state public grievance redressal commission and the central public grievance redressal commission consisting of chief commissioners and other commissioners.Penalty : DA and Commission can impose fine of Max. Rs 50000 to concerned officials/GRO. The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.Corruption Prevention : The Designated Authority and the Commissions may refer a matter to the appropriate authorities if there is prima facie evidence of a corrupt act under the Prevention of Corruption Act, 1988. An appeal against the decision of the Central Commission shall be filed before the Lokpal. An appeal against the decision of the State Commission shall be filed before the Lokayukta.Criticism :Against federal Spirit : Citizens’ charter bill provides for GRO and Grievances Commission at state and central level, but Parliament doesn’t not have jurisdiction to enact such law. Only State legislature has jurisdiction to make laws regarding state public services.More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states. Many of these state laws have provisions that are much better than the proposed Bill.Lack of Autonomy : According to the bill, the commissioners may be removed without judicial inquiry.Duplication of work : Several states have their own grievance redressal laws, The mechanism provided under these laws is different from that provided under the Bill. This will lead to duplication of work and organizations.MNREGA Act, RTE Act, National Food Security Bill, and the Public Procurement Bill also have their own grievances redressal forums. This will again lead to more duplication.Sources :Copy of Bill : Page on prsindia.orgSummery of Bill : Page on prsindia.orgWiki Page : Citizen's Charter and Grievance Redressal Bill 2011Mrual Page : Citizens Charter Bill 2011: Salient Features, Issues, CriticismRediff Page : All you need to know about the Citizen's Charter Bill18) Right to Education Act, 2009The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), was enacted on 4 August 2009, which describes the rules and regulations for free and compulsory education of children between 6 and 14 under Article 21A of Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.Highlights :The Right of Children to Free and Compulsory Education (RTE) Act 2009 stipulates that private schools reserve 25 per cent of seats at the entry level for children belonging to ‘disadvantaged groups’ and ‘weaker sections’.The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.Mentally and physically challenged children, entitled to free education in special schools, were included in the definition through an amendment in 2012.It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admissions.Criticism :The act has been criticised for being hastily-drafted, not consulting many groups active in education, not considering the quality of education, infringing on the rights of private and religious minority schools to administer their system, and for excluding children under six years of age.Problems faced :Poor Response : Lack of awareness about the Act, inability to meet the distance criteria and difficulty in obtaining necessary certificates from government authorities could be some of the reasons for this.The Act provides for admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates.The Act is not applicable to private minority schools and boarding schools.Report on the status of implementation of the Act released by the Ministry of Human Resource Development admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide.Conclusion :For all its flaws, the RTE Act is a progressive piece of legislation that aims to take education to the masses and fill the gaps in the social system.Sources :Copy of Act : Page on ssa.nic.inWiki page : Right of Children to Free and Compulsory Education ActHindu Article : Advantages and disadvantages of RTE Act19) Protection of Children from Sexual Offences Act, 2013 (POSCO)Objective – The act aims at ensuring protection of children from sexual abuse.Pros –1. Gender Neutral bill. 53% victims of children are victims.2. Stringent punishment (upto life imprisonment)3. Covers broad range of sexual crimes such as non-penetrative sexual assault, sexual harassment, and the use of children for pornography4. Includes special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system5. Protects victims identity and provides assisting legal, medical and psychological facilitiesCons –1. Criminalises all consensual sexual contact below 18 years age.2. The age provision is not in consonance with other acts.3. Regressive and draconian considering today’s social realities. Children are increasingly aware of each others sexualities at early age.4. Child marriage is prevalent on large scale. The age provision ignores this reality. Liable to bogus and unjustified complaints.Source – The Hindu : Good Act, bad provision20) The Prevention of Corruption (Amendment) Bill, 2013Objective – The act aims to combat corruption in government agencies and public sector businesses in India.Pros -1. Covers the offence of giving a bribe to a public servant under abetment. Specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation.2. Redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets.3. Modifies the definitions and penalties for offences related totaking a bribe, being a habitual offender and abetting an offence.4. Introduces Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption.5. The Act requires prior sanction to prosecute serving public officials. The Bill extends this protection to former officials.Cons -1. The Bill makes giving a bribe a specific offence. There are diverging views on whether bribe giving under all circumstances must be penalised. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.2. The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may deter bribe givers from appearing as witnesses in court.3. The Bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets. Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.4. By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person.5. Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual offender or abetting an offence. The Bill amends this provision to only cover the offence of taking a bribe.Source - The Prevention of Corruption (Amendment) Bill, 201321) Assisted Reproductive Technologies (ART) (Regulation) Bill 2010Objective – The bill aims at legalizing (commercial) surrogacy.Pros –1. Offers legal protection to child and surrogate mothers.2. Regulation of IVF/ART clinics and holding them Accountable for ensuring best medical practices.3. Curbs exploitation of mother. Limits number of child births per mother to five.4. Introduces age limit for surrogate mother – 21 to 35.5. Ensures Child’s citizenship to be same as parents.Cons –1. Legal back up will lead to widespread commercialization of surrogacy, posing serious ethical, moral and philosophical questions.2. Mandatory certificate ensuring legality of surrogacy in foreign couple’s home country needed. Impediments in smooth commercial functioning.3. No provision in the bill if parent’s change their mind or die. Child’s responsibility in this case is debatable.4. Plethora of in-genuine clinics in India. Exploitation of poor and illiterate mothers because of their incapability to understand legalities involved.Source - Issues of surrogacy, PIB English Features22) Biotechnology Regulatory Authority Bill, 2013Objective - The Bill sets up an independent authority, the Biotechnology Regulatory Authority of India (BRAI), to regulate organisms and products of modern biotechnology.Pros –1. BRAI will regulate the research, transport, import, containment, environmental release, manufacture, and use of biotechnology products.2. Regulatory approval by BRAI will be granted through a multi-level process of assessment undertaken by scientific experts.3. BRAI will certify that the product developed is safe for its intended use. All other laws governing the product will continue to apply.4. A Biotechnology Regulatory Appellate Tribunal will hear civil cases that involve a substantial question relating to modern biotechnology and hear appeals on the decisions and orders of BRAI.5. Penalties are specified for providing false information to BRAI, conducting unapproved field trials, obstructing or impersonating an officer of BRAI and for contravening any other provisions of the Bill.Cons -1. The Tribunal has jurisdiction over a ‘substantial question relating to modern biotechnology’ – An ambiguous term.2. The Tribunal will consist of one judicial member and five technical members. This is not in conformity with a SC decision that the number of technical members on a bench of a Tribunal cannot exceed the number of judicial members.3. The Tribunal’s technical members shall be eminent scientists or government officials with experience in the field. It is unclear whether the technical expertise of the latter can be equated with the former.4. The Bill does not specify any liability for damage caused by a product of biotechnology. Therefore, it will remain open to the courts to determine liability arising out of any adverse impact of modern biotechnology.5. Tribunal will not accept complaints from civil society, in spite of the fact that the Bill directly or indirectly affects every citizen. No public consultation done.6. Non clarity over Dept of GoI that will service BRAI. No mention of mandatory labelling of GM crops.7. Takes away rights of states to decide on Agriculture, which is state subject.8. The Convener of the Selection Committee for members of BRAI will be from the Department of Biotechnology (DBT), which is a vendor of genetic engineering (the technology that BRAI is supposed to regulate) in the country. Conflict of Interest will arise.Source - The Biotechnology Regulatory Authority of India Bill, 2013Unconstitutional, unethical, unscientific23) Coal Regulatory Authority Bill, 2013ObjectiveTo set up an independent regulatory body for the coal sector that shall help in the regulation and conservation of coal resources and will benefit all stakeholders i.e. - coal companies, coal consuming industries such as power, steel, cement and coal bearing States and people, directly or indirectly associated with the coal industry.A fund called ‘The Coal Regulatory Authority Fund” is created to credit all the receipts and fees received.Constituents1 chairperson + 4 members. One each from legal , technical , administrative and financial wings. All to be selected by a committee of Group of Ministers (GoM) headed by Cabinet Secretary.What will it do ?Inject transparency in allocation of coal blocks.Decide and Monitor operational norms and mining closure compliances and such.Determine pricing of the fuel and publishing surveys, information, statistics, etc related to coal sector and coal quality.Adjudicate disputes between entities and between entities and other persons.Advise government on technologies, policy, promotion, investment etc.Ref :- The Coal Regulatory Authority Bill, 2013,Coal Regulatory Authority Bill likely in Winter session24) eWaste (Management and Handling) Act, 2011What is it ?E-waste has beendefined as “waste electrical and electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded”.AIM :-Reduction in the use of hazardous substances in electrical and electronic equipment.Specifying threshold for use of hazardous material including lead, mercury and cadmium.Ministry of Environment & Forest (MoEF) thus introduces the concept of "Extended Producer Responsibility".How will it work ?It fixes responsibilities on every producer, seller, consumer or bulk consumer, collection centre, dismantler and recycler of e-waste involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components.E.g. :Recycling of E-Waste generated during manufacturing and "End of Life" of electronic and electrical equipments.Setting up of collection centres by companies or individuals to collect E-waste and discard them.Setting up of funds by corporate to boost scientific and eco-friendly disposal of E-waste.CritiqueNo accountability set on anyone.E-Industry remains skeptical of the efficacy of this act.No specific targets set.Ref :- @E-waste management rules kick in today@Page on moef.nic.in25) Prevention of Communal and Targeted Violence Bill, 2011What is it ?The bill is intended to prevent “any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group."How ?The billAddresses identity-based or targeted crimes and organised mass violence as special offences.Places accountability of public officers with varying penalties for dereliction of duty it.Provides for the creation of a National Authority and the State authorities to ensure justice and reparation.Addresses issues faced by specific communities like economic boycott, denial of public service, forced migration , hostile environment etc.Empowers state and center government to intercept any messages and communication that it feels might lead to communal violence.Sets up district level authorities to assess compensation.CritiquesCurbing freedom of expression by terming it as Hate propaganda.Presumption of guilt and burden of proof on the accused – The accused will have to prove innocence.All the persons acting under this Act will have blanket of protection of action taken in good faith.Brings civil servants in direct line of fire by vaguely defining "dereliction of duty".26) Competition Act, 2002The Competition Act was passed in 2002Competition Commission of India (CCI) was established on March 1, 2009 as an autonomous body comprising of a Chairperson and six members.CCI not only hears and investigates cases based on the information received by it, but it also takes suo moto action wherever it finds that a prima facie violationCommission had taken suo-moto cognizance of the reported manipulation of the bids by manufacturers of LPG cylinders for supplying cylinders to the Indian Oil CorporationMany more such notices have been sent by CCI in the Petroleum sector, Agricuture sector etc. taking cognisance suo-moto.Role of trade associationsCompetition law treats the activities of trade associations much like any other form of cooperation between competitors.decisions or recommendations of trade associations are treated as agreements between its members and law may be breached even when they are not binding on the members.CCI imposed a nominal penalty of Rs. 1 lakh each on 27 film producers on charges of colluding through an association to exploit multiplex owners.number of cases involving the associations in the Pharmaceutical sector/Film production etc where CCI has passed orders against the associations and asked them to “cease and desist” from activities that may be anti-competitive in nature.Public Procurement and Competition LawPublic procurement is a contentious issue vis-à-vis application of competition lawpublic enterprises, which are generally the big procurers, are subject to competition assessment.Commission has decided a number of matters, including cartelization in government contracts. Penalties have been imposed on firms to discourage the anti-competitive practices and abuse of dominanceCompetition Commission of India is set to change the rules of the game and play the role of a watchdog to check anti-competitive practices in the markethttp://echoofindia.com/reflex-action/competition-commission-india-4-years-enforcement-competition-law-3216927) Prasar Bharati (Amendment) Bill, 201028) Prevention of Money Laundering Act, 200229) Prohibition of Employment as Manual Scavengers and their Rehabilitaion Act, 2013. (Important, Swachh Bharat Abhiyan)30) Child Labour (Prohibition) Act, 198631) Scheduled Tribes and Recognition of Forest Rights Bill, 200632) Environment Protection Law, 198633) Wildlife Protection Act, 197234) The Electricity Act, 200335) Panchayat Extension to Scheduled Areas Act, 199636) Securities and Exchange Board of India Act, 199237) Factories Act 1948/Amendment Bill 201438) Apprentice Act 1961/ Amendment Bill 201439) The Pension Fund Regulatory And Development Authority Act, 201340) The Real Estate (Regulation and Development) Bill, 201341) Benami Transaction (Prohibition )Act, 198842) The National Food Security Act, 201343) Pesticides Management Bill, 2008*Maximum Credits per Person - 5000**Contributors earning more than 1000 credits <must> -a) Promote to at least 100 people.b) Share this list everywhere. :P :P LOL !Thank you all. :)Thanks for the A2A Anon. :)
"99.3% demonetised notes came back, concedes Reserve Bank of India" Does this mean that Modi's demonetisation did nothing for India?
The following answer is a copy of my own article : Modi gov’s surgical strike(s) on Black Money."Everybody was so focused on magician's right hand, that no one noticed him slipping the coin in his pocket with his left hand. He did it right in front of our eyes and in broad day light, but still we had no clue how the coin disappeared and reached his left pocket."This exactly is the case with black money and politicians. Whenever we start talking about black money, Swiss Banks are almost immediately brought into the conversation. Recently, a news was aired in mainstream media that the money parked by Indians in Swiss Banks increased by 50% to INR 7000 Crores. However, no body knows how much of that money is black? For instance a person like me who lives and works in Germany gets his salary credited in a German bank and so are the savings, in the same bank, however, one of my friends from the university lives and works in Zurich, Switzerland. His salary and savings are in a Swiss bank. Now, in those 7000 Crores did they include his savings and salary? Is he the only Indian Engineer or to say Indian working there? No! There are thousands like him. Moreover, there are Indians who have their big or small businesses in the country. Was their money included in those 7000 crores? Yes, it was and the interim Finance Minister Mr. Piyush Goel tried to explain the very same thing.In fact if you look at the stats, India stands at the 73rd position in terms of money parked in Swiss Banks by Indian Citizens. The total money parked by Indians there is only CHF 1 Billion i.e. 0.07% of the total money parked in Swiss Banks. The UK stands at the first place with CHF 403 billion i.e. 27% of the total money parked. The USA comes next at the second place with CHF 166 billion. Germany also manages a place in the top ten. Do you think all these countries are corrupt and their citizens are parking their black money in Swiss Banks? I don't think so. Even when we compare BRICS, India comes last. China at 20th place (CHF 160 billion), Russia at 23rd (CHF 135 billion), Brazil 61st (CHF 1.9 billion) and South Africa 67th (CHF 1.5 billion). All the money in Swiss banks is not black money, in fact only a very small fraction of Indian black money is there. As you continue reading further, you would know where most of the black money is.Never the less, Automatic Exchange of Information (AEOI) has now been implemented between Indian and Switzerland. The two countries signed a joined declaration on Nov 22, 2016. At least now each and every conversation about Black Money would not end with Swiss Banks. With this process in place the following pieces of information would be shared regularly(source):Coming back to the elephant in the room. If most of the black money is not in Swiss Banks where is the black money?Do our political parties (both INC and BJP) know where the black money is? Did our government current or the previous had any clue about it what so ever?Yes, they knew exactly where the money was. But they did not think it was important for us to know that.Three financial institutes, Delhi-based National Institute of Public Finance and Policy (NIPFP), the National Council of Applied Economic Research (NCAER), and the National Institute of Financial Management (NIFM) in Faridabad conducted a research and concluded that proportion of total black money lying within India is much higher than outside the country. Up to 97 per cent of the total black money lies within IndiaDid Congress know about this? Yes, it did!! Because the research was commissioned in 2009-10 and the report was submitted in 2013 when UPA was in power. The coalition government dominated by INC did what they do best, bury the report. The report did not see the public domain. They chickened out when the time came to take a strict decision. And when in opposition, they mocked the Modi government when it took the steps that should have been taken earlier like demonetization. The people who still support INC should at least ask them why the report was not made available to the public?Not only did they mock, they mislead the nation by spreading incomplete information. For example, they claimed that 99.3% of the total currency (₹15,417.93 lakh crore) was returned leaving merely 0.7% undisclosed. First, this .7% comes out to be INR 16000 crore. Even if we consider all the money in Swiss money as black i.e. INR 7000 Crore. This even by opposition's claim means Demonetization killed black money of worth more than twice of what is deposited in Swiss Banks. Second and more importantly who said the total currency in circulation was ₹15,417.93 lakh crore? This could have been the currency printed by the official mints, but this could not be the actual value of currency in circulation. Simply because the Reserve Bank of India has no way to determine the exact amount of fake bills in circulation, they have already accepted this. They can only detect the ones that reach the bank. For example back in 2010, the bank detected fake currency worth INR 3200 Crores, and that would just be a small fraction of the actual number of fake currency in circulation, as not all bills reach the bank. There can only be approximations.In addition to this, from 2008-09 to 2010-11, RBI received more bills than the ones printed by the mints. The RBI had no answer to this question, except every time they would say that some of the bills were in transit. However, even if the data for consecutive years was taken, the numbers did not add up (source). Between 2000 and 2010-11 RBI received approximately 339 million notes more than what were actually printed. RBI along with the UPA government(s)1&2 kept a lid on this fake currency issue. And now for a change, when somebody, did do something in this regard, highly educated people like Mr. Raghuram Rajan have something to complain about. Where was his voice when the mess was being created? Was he not allowed to speak then? Or was he involved in all these scams?This is not all, there were instances where different currency bills with the exact same number were spotted in the RBI treasury chest during the CBI raids. How did fake currency ended up there? What did the authorities do in order to fix the problem? Other then lip service of course.The thing is, neither you, nor me or nor anyone else knows for sure as to how much currency was in circulation in India before Demonetization. Can you think of ways where you or any government would know for sure as to how much fake currency is in circulation? If you know, please let me know through your comments. I would be grateful. But with all these pieces of information readily available on internet in the form of various reports, it could easily be said that currency in circulation was way-way more than ₹15,417.93 lakh crores.To tackle black money, demonetization was a mandatory step but not the only step. It was coupled with the steps like Benami Transactions (Prohibition) Act, or the Pradhan Mantri Garib Kalyan Yojana or Income declaration scheme (which was mocked as Modi's fair and lovely scheme by Mr. Rahul Gandhi) etc. etc. Have a look at the table which shows the amount collected by the government with the help of these schemes.Moreover, the number of tax payers in India increased by almost 80% from 2013-14 to 2016-17. In 2013-14, there were only 3.79 crore taxpayers in India, which increased to 4.07 crore in 2015-16 and 6.84 crore in 2017-18. A clear cut increase of more than 3 crore tax payers in first three years. Now, either it is that the government generated 3 crore new jobs in first three years that people were able to pay taxes or those people by not paying taxes were generating black money for all the previous years. You could choose to believe either of the options. If you have any third reason as to how the number of tax payers increased, please do mention in the comments. If Modi government had killed millions of jobs as claimed by the opposition, the number of tax payers should have reduced and not increased. Do you agree? Unemployed don't pay taxes, do they?These are not the only actions undertaken by the Modi government. Modi government has tried to cut the source of black money in the first place. "Prevention is better than cure." Had the right measures be taken at the right time, black money would not be such a big problem today. The previous governments let it happen. They could have nipped it right in the bud.Shell companies in lakhs have been de-registered. Shell companies are those companies that exist only on paper but have no office or employees. For example: the corporate affairs ministry shut down 226,000 shell companies in 2017-18 and was planning to shut 250,000 the next year.Back in 2013, the Delhi High Court claimed that 99% of NGOs are fraud and money making devices. The Modi government has shut down more than 10,000 fraud NGOs in its tenure. Approximately 20,000 FCRA licenses were cancelled and 13,000 licenses were not renewed.On one side is the Modi government, that has tried to kill the source of Black money and on the other side is the Indian National Congress, which not only turned a blind eye towards black money but also created ways to generate more black money. For example CSR (corporate social responsibility) which came into existence by the companies act, 2013. It is a mandatory 2% contribution from some of the companies towards social issues and India is the only country in this world to have this mandatory condition. How did it or will it promote black money? Some of the companies donate their 2% to charitable trusts, who return the money back to the owners in different forms from the back door after deducting their commissions. And you could guess who are the people controlling charitable trusts. In short this extra 2% tax or extortion gives a reason for the Corporates to look for "different" ways to avoid this. So much for the ease of doing business.Modi government since its first day behaved as an extremely responsible and professional government. The government worked with a blue print to kill black money. For the first two years, the government opened Jan Dhan accounts for free. The PM himself called for people to declared their undisclosed income several times, he launched several other schemes as well. They had the Benami transaction act, Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 already in place. And only then did they hit black money hoarders witDemonetization. Demonetization was not a whim of one person, it was perfectly planned move. When on November 8, 2016 at 20:00 hrs, PM Modi announced demonetization, people with black money knew they were screwed. Unlike Congress, BJP did not leave a clever loop hole in the design so that somebody could exploit that. All the doors were shut at the same time and this is the biggest reason they cried foul. The loud noise we saw after demonetization was the corrupt crying. Corrupt people/politicians/parties don't carry a mark on their head. They look like everyone else.The only sad part is that PM Modi had not started his #MainBhiChaowkidar campaign till then, if he would have done so, a lot of people would have refused to help a certain few in getting their currencies converted. This is the reason why we all need to do our parts, and cannot just wait for Modi to wield a magic wand and wipe all the problems off.Thanks for reading!!!Must read: The Cash Nexus: Criminals and PoliticsIf you liked this article, please do read some more which highlight similar issues:Floods and DemocracyFarmers’ woes Part 1: Irrigation and TransportationA Right to UnemploymentPopulation Explosion -Part 1
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