The Unlawful Activities (Prevention) Amendment Bill, 2019 was passed by Parliament.[38] It amends the Unlawful Activities (Prevention) Act, 1967. The Act provides special procedures to deal with terrorist activities, among other things. Key provisions of the Bill include:

Designation: Under the Act, the central government may designate an organisation as a terrorist organisation if it: (i) commits or participates in acts of terrorism, (ii) prepares for terrorism, (iii) promotes terrorism, or (iv)is otherwise involved in terrorism. The Bill additionally empowers the government to designate individuals as terrorists on the same grounds.

Approval for seizure of property: Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be connected with terrorism. The Bill adds that if an officer of the National Investigation Agency (NIA) conducts the investigation, the approval of the Director General of NIA would be required for seizure of such property.

Investigation: Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent, Assistant Commissioner of Police or above. The Bill additionally empowers officers of the NIA, of the rank of Inspector or above, to investigate cases.

Insertion to schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979). The Bill adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

Gayatri Mann ([email protected]) The Protection of Children from Sexual Offences (Amendment) Bill, 2019 was introduced and passed by Parliament.[39] The Bill amends the Protection of Children from Sexual Offences Act, 2012. The Act seeks to protect children from offences such as sexual assault, sexual harassment, and pornography.

Penetrative sexual assault: Under the Act, a person commits penetrative sexual assault, if he: (i) penetrates his penis into the vagina, mouth, urethra or anus of a child, (ii) makes a child do the same, or (iii) inserts any other object into the child’s body. The punishment for such offence is imprisonment between seven years to life, and a fine. The Bill increases the minimum punishment from seven years to 10 years. It further adds that if a person commits penetrative sexual assault on a child below the age of 16 years, he will be punishable with imprisonment between 20 years to life, with a fine.

Aggravated penetrative sexual assault: Under the Act, “aggravated penetrative sexual assault” has been defined to include cases where a police officer, a member of the armed forces, or a public servant commits penetrative sexual assault on a child. The Bill adds two additional grounds. These include: (i) assault resulting in death of child, and (ii) assault committed during a natural calamity, or in any similar situation.

Currently, the punishment for aggravated penetrative sexual assault is imprisonment between 10 years to life, and a fine. The Bill increases the minimum punishment from 10 to 20 years, and the maximum punishment to death penalty.

Aggravated sexual assault: Under the Act, “sexual assault” includes actions where a person touches the vagina, penis, anus or breast of a child with sexual intent without penetration. Aggravated sexual assault includes cases where the offender is a relative of the child, or if the assault injures the sexual organs of the child. The Bill adds two more offences to the definition of aggravated sexual assault. These include: (i) assault committed during a natural calamity, and (ii) administrating any hormone or any chemical substance, to a child for the purpose of attaining early sexual maturity.

The Supreme Court (Number of Judges) Amendment Bill, 2019 was passed by Parliament.[40] It amends the Supreme Court (Number of Judges) Act, 1956. The Act fixes the maximum number of the judges in the Supreme Court at 30 judges (excluding the Chief Justice of India). The Bill increases this number from 30 to 33.

Repealing and Amending Bill, 2019 passed by Parliament Roshni Sinha ([email protected]) The Repealing and Amending Bill, 2019 was passed by Parliament.[41] The Bill repeals 58 Acts in whole and makes minor amendments to two other laws. Key features of the Bill include:

Repealing certain laws in whole: The Bill repeals 58 laws that have been listed in the First Schedule of the Bill. These include 12 Acts which are principal Acts and 46 Acts which are Amendment Acts. The principal Acts which have been repealed include: (i) the Beedi Workers Welfare Fund Act, 1976, and (ii) the Municipal Taxation Act, 1881. Note that the repeal of Amendment Acts does not have a material significance since these Amendment Acts have already been incorporated in the principal Acts.

Amendment of certain laws: The Bill makes minor amendments to two Acts which relate to substitution of certain words. The two Acts are: (i) the Income Tax Act, 1961, and (ii) the India Institutes of Management Act, 2017.

The Transgender Persons (Protection of Rights) Bill, 2019 was passed by Lok Sabha and is pending in Rajya Sabha.[42] Key features of the Bill include:

Definition of a transgender person: The Bill defines a transgender person as one whose gender does not match the gender assigned at birth. It includes transmen and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra. Intersex variations is defined to mean a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of male or female body.

Prohibition against discrimination: The Bill prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and (viii) access to a government or private establishment in whose care or custody a transgender person is.

Health care: The government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries. The government shall review medical curriculum to address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.

Certificate of identity: A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’. A revised certificate may be obtained only if the individual undergoes surgery to change their gender either as a male or a female.

Appellate Authority under NDMC Act constituted Roshni Sinha ([email protected]) The central government has constituted the Appellate Tribunal for deciding appeals under the New Delhi Municipal Act, 1994.[43] The Act establishes and governs the New Delhi Municipal Council.[44] Under the Act, the Council may pass orders on various matters, including sanction of lay out plans, or stoppage or erection of works. Certain decisions of the Council (such as, decisions on cancellation of sanction, or demolition of buildings) can be appealed before the Appellate Authority.

The Code on Wages, 2019 was passed by Parliament.[45] It seeks to regulate wage and bonus payments in all employments where any industry, trade, business, or manufacture is carried out. The Code replaces the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976.

Coverage: The Code will apply to all employees. The central government will make wage-related decisions for employments such as railways, mines, and oil fields, among others. The state governments will make decisions for all other employments.

Floor wage: According to the Code, the central government will fix a floor wage, taking into account living standards of workers. Further, it may set different floor wages for different geographical areas.

Fixing the minimum wage: The Code prohibits employers from paying wages less than the minimum wages. Minimum wages will be notified by the central or state governments. This will be based on time, or number of pieces produced. The minimum wages will be revised and reviewed by the central or state governments at an interval of not more than five years. While fixing minimum wages, the central or state governments may take into account factors such as: (i) skill of workers, and (ii) difficulty of work.

Advisory boards: The central and state governments will constitute advisory boards. The Boards will advise the respective governments on various issues including: (i) fixation of minimum wages, and (ii) increasing employment opportunities for women.

The Ministry of Labour and Employment released a draft of the Employees' Provident Funds & Miscellaneous Provisions (Amendment) Bill, 2019. [46] The Bill amends the Employees' Provident Funds & Miscellaneous Provisions Act, 1952. The Act provides for a pension fund for employees in factories and other establishments. Key amendments include:

The Bill proposes to change the definition of ‘basic wages’ in the Act to conform with the Code on Wages, 2019, passed by Parliament on August 2, 2019. In the Act, wages includes all compensation paid to an employee barring; (i) food concessions, (ii) dearness allowance, and (iii) presents made by the employer. The Bill changes the definition of wages to include basic pay, dearness allowance, and retaining allowance. However, it does not include; (i) bonuses, (ii) housing, (iii) pension contributions made by the employer, (iv) conveyance allowance, (v) overtime allowance, and (vi) commission, amongst others. The Bill adds the stipulation that if the total amount of payments not included within the wage exceeds 50% of all remuneration made by the employer, it will be included in the wages.

Currently, the Act does not provide for a limitation for initiation of inquiries in to the applicability of the Act to an establishment and to determine the amount due from any employer under the Act. The Bill introduces a limitation period of 5 years to initiate an inquiry. Further, it suggests a time period of two years within which an inquiry must be concluded.

The Bill proposes the increase of certain fines by ten times. For example, the fine for repeat offences is currently Rs 25,000. The Bill proposes to increase this to 2.5 lakh rupees. Further, the Bill suggests that offences should be made compoundable, including offences by companies.

Currently, the employee and employer contribution to the Employees’ Provident Fund is 10%. The Bill changes the rate of contribution from 10% to 12%. Further, the appropriate government may prescribe different rates of contribution for a specific time period and class of employee earning below a certain threshold of monthly income. No change in the employers’ contribution has been proposed.

The Bill proposes that an Employees’ Provident Fund (EPF) subscriber may opt for the National Pension System (NPS) in lieu of benefits under the Act. NPS refers to a voluntary contributory pension scheme regulated by the Pension Fund Regulatory and Development Authority. Further, the Bill proposes that an NPS subscriber may opt to return to EPF at any time.

The Bill amends the Act to allow for a grant of exemption to establishments which apply for an exemption and meet the criteria prescribed by the appropriate authority.

The National Medical Commission Bill, 2019 was passed by Parliament.[47] The Bill repeals the Indian Medical Council Act, 1956 and provides for a medical education system which ensures: (i) availability of adequate and high quality medical professionals, (ii) adoption of the latest medical research by medical professionals, (iii) periodic assessment of medical institutions, and (iv) an effective grievance redressal mechanism. Key features of the Bill include:

Constitution of the National Medical Commission: The Bill sets up the National Medical Commission (NMC). Within three years of the passage of the Bill, state governments will establish State Medical Councils at the state level. The NMC will consist of 33 members, appointed by the central government.

Members of the NMC will include: (i) the Chairperson (must be a medical practitioner), (ii) Presidents of the Under-Graduate and Post-Graduate Medical Education Boards, (iii) the Director General of Health Services, Directorate General of Health Services, (iv) the Director General, Indian Council of Medical Research, and (v) nine members (part-time) to be elected by registered medical practitioners from amongst themselves for two years.

Functions of the National Medical Commission: Functions of the NMC include: (i) framing policies for regulating medical institutions and medical professionals, (ii) assessing the requirements of healthcare related human resources and infrastructure, (iii) ensuring compliance by the State Medical Councils of the regulations made under the Bill, (iv) framing guidelines for determination of fees for up to 50% of the seats in the private medical institutions and deemed universities which are regulated as per the Bill.

Autonomous boards: The Bill sets up four autonomous boards under the supervision of the NMC. Each board will consist of a President and four members, appointed by the central government. These boards include: (i) the Under-Graduate Medical Education Board and the Post-Graduate Medical Education Board, (ii) the Medical Assessment and Rating Board, and (iii) the Ethics and Medical Registration

The Surrogacy (Regulation) Bill, 2019 was passed by Lok Sabha and is pending in Rajya Sabha.[48] The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple and agrees to hand over the child to them after the birth. Key features of the Bill include:

Regulation of surrogacy: The Bill prohibits commercial surrogacy, but allows altruistic surrogacy. Altruistic surrogacy involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage. Commercial surrogacy includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.

Eligibility criteria for intending couple: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority. A certificate of essentiality will be issued upon fulfilment of these conditions: (i) a medical certificate of proven infertility of one or both members of the intending couple, (ii) an order of parentage and custody of the surrogate child passed by a Magistrate’s court, and (iii) insurance coverage for a period of 16 months covering postpartum delivery complications for the surrogate.

The certificate of eligibility to the intending couple is issued upon fulfilment of the following conditions: (i) the couple being Indian citizens and married for at least five years; (ii) between 23 to 50 years old (wife) and 26 to 55 years old (husband); (iii) they do not have any surviving child (biological, adopted or surrogate); including a child who is mentally or physically challenged or suffers from life threatening disorder or fatal illness; and (iv) other conditions that may be specified by regulations.

Eligibility criteria for surrogate mother: To obtain a certificate of eligibility, the surrogate mother has to be: (i) a close relative of the intending couple; (ii) a married woman having a child of her own; (iii) 25 to 35 years old; (iv) a surrogate only once in her lifetime; and (v) possess a certificate of medical and psychological fitness for surrogacy. In addition, the surrogate mother cannot provide her own gametes for surrogacy.

The Union Cabinet approved setting up of 75 new government medical colleges by 2021-22.[49] These medical colleges will be attached with existing district hospitals with a minimum of 200 beds. For the purpose of this expansion, an amount of Rs 24,375 crore has been approved.

Previously, the government had approved the establishment of 82 new medical colleges in two phases. Of these, 39 colleges have already started functioning.

The Motor Vehicles (Amendment) Bill, 2019 was passed by Parliament.[50] The Bill seeks to amend the Motor Vehicles Act, 1988 to provide for road safety. The Act provides for grant of licenses and permits related to motor vehicles, standards for motor vehicles, and penalties for violation of these provisions. The Bill provides for recall of vehicles, exempting good samaritans at an accident from any legal proceedings, regulation of taxi aggregators and increasing penalties for various offences. Other key features of the Bill include:

Compensation for road accidents: The Bill provides that the central government will develop a scheme for cashless treatment of road accident victims during golden hour. Golden hour is defined as the time period of up to one hour following a traumatic injury, during which the likelihood of preventing death through prompt medical care is the highest. The central government may also make a scheme for providing interim relief to claimants seeking compensation under third party insurance.

Compulsory insurance: The Bill requires the central government to constitute a Motor Vehicle Accident Fund, to provide compulsory insurance cover to all road users in India. It will be utilised for: (i) treatment of persons injured in road accidents as per the golden hour scheme, (ii) compensation to representatives of a person who died in a hit and run accident, (iii) compensation to a person grievously hurt in a hit and run accident, and (iv) compensation to any other persons as prescribed by the central government. This Fund will be credited through: (i) payment of a nature notified by the central government, (ii) a grant or loan made by the central government, (iii) balance of the Solatium Fund (existing fund under the Act to provide compensation for hit and run accidents), or (iv) any other source as prescribed the central government.

Road Safety Board: The Bill provides for a National Road Safety Board, to be created by the central government through a notification. The Board will advise the central and state governments on all aspects of road safety and traffic management including: (i) standards of motor vehicles, (ii) registration and licensing of vehicles, (iii) standards for road safety, and (iv) promotion of new vehicle technology.

The Airports Economic Regulatory Authority of India (Amendment) Bill, 2019 passed by Parliament

The Airports Economic Regulatory Authority of India (Amendment) Bill, 2019 was passed by Parliament.[51] It amends the Airports Economic Regulatory Authority of India Act, 2008. The Act established the Airports Economic Regulatory Authority of India (AERA). The AERA regulates tariffs and other charges for aeronautical services provided at civilian airports with annual traffic above 15 lakh passengers. It also monitors the performance standard of services across these airports.

Definition of major airports: The Act defines a major airport as one with annual passenger traffic over 15 lakh, or any other airports as notified by the central government. The Bill increases the threshold of annual passenger traffic for major airports to over 35 lakh.

Tariff determination by AERA: Under the Act, AERA is responsible for determining: (i) the tariff for aeronautical services at different airports every five years, (ii) the development fees of major airports, and (iii) the passengers service fee. It can also call for necessary information to determine tariffs and perform any other tariff-related functions, including amending the tariffs if necessary in the interim period.

The Bill adds that AERA will not determine: (i) the tariff, (ii) tariff structures, or (iii) the development fees, in certain cases. These cases include those where such tariff amounts were a part of the bid document on the basis of which the airport operations were awarded. AERA will be consulted by the concessioning authority before incorporating such tariffs in the bid document, and such tariffs must be notified.

The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019 was passed by Parliament.[52] The Bill amends the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Act provides for the eviction of unauthorised occupants from public premises in certain cases.

Residential accommodation: The Bill defines ‘residential accommodation occupation’ as the occupation of public premises by a person on the grant of a license for such occupation. The license must be given for a fixed tenure, or for the period the person holds office. Further, the occupation must be allowed under the rules made by the central, state or union territory government, or a statutory authority (such as Parliament Secretariat, or a central government company, or premises belonging to a state government).

Notice for eviction: The Bill adds a provision laying down the procedure for eviction from residential accommodation. It requires an estate officer (an officer of the central government) to issue a written notice to a person if he is in unauthorised occupation of a residential accommodation. The notice will require the person to show cause of why an eviction order should not be made against him, within three working days. The written notice must be fixed to a conspicuous part of the accommodation, in a prescribed manner.

Order of eviction: After considering the cause shown, and making any other inquiries, the estate officer will make an order for eviction. If the person fails to comply with the order, the estate officer may evict such person from the residential accommodation, and take possession of it. For this purpose, the estate officer may also use such force as necessary.

Payment of damages: If the person in unauthorised occupation of the residential accommodation challenges the eviction order passed by the estate officer in court, he will be required to pay damages for every month of such occupation.

The Inter-State River Water Disputes (Amendment) Bill, 2019 was passed by Lok Sabha and is pending in Rajya Sabha.[53] It amends the Inter-State River Water Disputes Act, 1956. The Act provides for the adjudication of disputes relating to waters of inter-state rivers and river valleys.

Under the Act, a state government may request the central government to refer an inter-state river dispute to a Tribunal for adjudication. If the central government is of the opinion that the dispute cannot be settled through negotiations, it is required to set up a Water Disputes Tribunal for adjudication of the dispute, within a year of receiving such a complaint. The Bill seeks to replace this mechanism.

Disputes Resolution Committee: Under the Bill, when a state puts in a request regarding any water dispute, the central government will set up a Disputes Resolution Committee (DRC), to resolve the dispute amicably. The DRC will comprise of a Chairperson, and experts with at least 15 years of experience in relevant sectors, to be nominated by the central government. It will also comprise one member from each state (at Joint Secretary level), who are party to the dispute, to be nominated by the concerned state government.

The DRC will seek to resolve the dispute through negotiations, within one year (extendable by six months), and submit its report to the central government. If a dispute cannot be settled by the DRC, the central government will refer it to the Inter-State River Water Disputes Tribunal. Such referral must be made within three months from the receipt of the report from the DRC.

Tribunal: The central government will set up an Inter-State River Water Disputes Tribunal, for the adjudication of water disputes. This Tribunal can have multiple benches. All existing Tribunals will be dissolved, and the water disputes pending adjudication before such existing Tribunals will be transferred to the new Tribunal.

Composition of the Tribunal: The Tribunal will consist of a Chairperson, Vice-Chairperson, three judicial members, and three expert members. They will be appointed by the central government on the recommendation of a Selection Committee. Each Tribunal Bench will consist of a Chairperson or Vice-Chairperson, a judicial member, and an expert member.

The Dam Safety Bill, 2019 was passed by Lok Sabha and is pending in Rajya Sabha.[54] The Bill provides for the surveillance, inspection, operation, and maintenance of specified dams across the country. It also provides for an institutional mechanism to ensure the safety of such dams. Key features of the Bill include:

Applicability of the Bill: The Bill applies to all specified dams in the country. These are dams with: (i) height more than 15 m, or (ii) height between 10 to 15 m and subject to certain design and structural conditions.

National Committee on Dam Safety: The Bill provides for the constitution of a National Committee on Dam Safety. Its functions include: (i) formulating policies and regulations on dam safety standards, and (ii) analysing causes of dam failures.

National Dam Safety Authority: The Bill provides for a National Dam Safety Authority. Functions of the Authority include: (i) implementing the policies formulated by the National Committee on Dam Safety, and (ii) resolving issues between State Dam Safety Organisations (SDSOs), or between a SDSO and any dam owner in that state.

State Dam Safety Organisation (SDSO): State governments will establish State Dam Safety Organisations (SDSOs). All specified dams in a state will fall under the jurisdiction of that state’s SDSO. However, the National Dam Safety Authority will act as the SDSO in cases where a dam: (i) is owned by one state but situated in another state, (ii) extends over multiple states, or (iii) is owned by a central public sector undertaking. Functions of the SDSOs include: (i) monitoring the operation and maintenance of dams, (ii) keeping a database of dams, and (iii) recommending safety measures to dam owners.

State Committee on Dam Safety: The Bill provides for the constitution of State Committees on Dam Safety by the state governments. Their functions include: (i) reviewing the work of the SDSO, (ii) ordering dam safety investigations, and (iii) assessing the potential impact of dams on upstream and downstream states.

Obligations of dam owners: The Bill requires the owners of specified dams to provide a dam safety unit in each dam. This unit will inspect the dams: (i) before and after the monsoon session, and (ii) during and after every earthquake, flood, or any other calamity or sign of distress.

NITI Aayog has developed the second edition of the Composite Water Management Index to report the performance of states on key water management components.[55] In its report, it has noted that currently, about 82 crore Indians face water scarcity and about two lakh people die every year due to inadequate access to safe water. In addition, by 2030, the country’s water demand is projected to be twice the available supply, implying severe water scarcity and an eventual loss of 6% to the country’s GDP.

Through the Composite Water Management Index, NITI Aayog has: (i) identified states that are high or under-performers, and (ii) recognised areas that need deeper investment and engagement. The index aims to increase competitiveness among states for water use and conservation and develop a national data management platform for water. Key findings of the report include:

Food security: The population of India will be more than 1.5 billion people by 2030. Achieving food security for this rising population becomes more difficult with water scarcity. Many staple crops are being affected by water related issues. For example, about 74% of the area under wheat cultivation and 65% of the area under rice cultivation faces significant water scarcity.

Urban sustainability: Five of the world’s 20 largest cities under water stress are in India. As of 2014, no Indian city supplied 24x7 water to its entire urban population, and only 35% of urban households in India had piped water.

Economic risks: Estimates suggest that industrial water requirement will increase fourfold between 2005 and 2030. Water shortages can hamper industrial operations, which account for 30% of the national GDP.

Biodiversity risks: The biodiversity of India is impacted by human activities undertaken to create additional water sources. These activities include dam construction and river diversion which can lead to changes in water flow, salinity levels, and monsoon patterns.

Overall state performance: In the last three years, about 80% of the states have shown improvement in water management parameters such as groundwater source augmentation and water data reporting. However, 16 states (such as Jharkhand, Bihar, Uttar Pradesh, Odisha and Rajasthan) scored less than 50% of total achievable score. These states account for about 48% of the population, 40% of agricultural produce, and 35% of economic output of India.

The University Grants Commission (UGC) recently recommended 20 higher educational institutions for the status of ‘Institutions of Eminence’.[56] Of these 20 institutions, 10 are in the public sector and the remaining are in the private sector. These institutions were selected on the basis of recommendations of the Empowered Expert Committee (Chair: Mr. N. Gopalaswami).[57]

In February 2018, the UGC constituted an Empowered Expert Committee to enable 10 public and 10 private higher educational institutions to emerge as world-class teaching and research institutions i.e., as Institutions of Eminence.[58] These institutions would be allowed greater autonomy in admitting foreign students, fixing fees, and recruiting foreign faculty, among others. Further, each public higher educational institution will get financial assistance of up to Rs 1,000 crore for a period of five years.

Note that, of the 20 institutions recommended by UGC, six institutions have already been declared as Institutions of Eminence in July 2018.[59]

The Union Cabinet approved an export subsidy of Rs 10,448 per metric tonne (MT) for sugar for the 2019-20 season.[60] The export subsidy will cover costs incurred by sugar mills in marketing, including handling, upgrading, and processing, and transport. The subsidy has been approved for export of up to 60 lakh MT of sugar. This has been done with the aim of reducing the surplus stock of sugar, which is estimated to be 162 lakh MT at the end of the 2019-20 season (starting with an opening stock of 142 lakh MT).

The subsidy amount payable to mills will be given directly to sugarcane farmers, and will be settled against the sugarcane dues that they owe to farmers. Subsequent balance, if any, will be provided to the mills.

An expenditure of Rs 6,268 crore has been approved for providing the subsidy. Fourth advance estimates of production of major crops for 2018-19 released The Ministry of Agriculture and Farmers’ Welfare released the fourth advance estimates of production of major foodgrains and commercial crops for the year 2018-19.[61] Table 3 gives a comparison of the fourth advance estimates for 2018-19 with the final estimates for 2017-18. Following are some of the highlights:

Foodgrain production in 2018-19 is estimated to remain at a similar level as compared to the final estimates for 2017-18. Within foodgrains, while the production of cereals is estimated to marginally increase by 0.8% in 2018-19, the production of pulses is estimated to decrease by 7.9%.

Rice and wheat production in 2018-19 are estimated to increase by 3.2% and 2.3%, respectively as compared to the final estimates for 2017-18. Production of coarse cereals is estimated to decrease by 8.6%.

The production of oilseeds is estimated to increase by 2.5% in 2018-19 as compared to 2017-18. While soyabean production is expected to see a 26% increase, groundnut production is expected to decrease by 28%.

The production of cotton is estimated to fall by 12.5% in 2018-19. The production of sugarcane is estimated to increase by 5.3% to 400.2 million tonnes in 2018-19.

The Department of Consumer Affairs has exempted agricultural produce purchased under contract farming from certain stock restrictions specified under the Essential Commodities Act, 1955.[62] The Essential Commodities Act, 1955 provides for the control of production, supply, distribution, and trade of certain commodities, such as certain food items, seeds, and drugs.

Under contract farming, production is carried out on the basis of a pre-harvest agreement between buyers and producers. Post-harvest, the producers sell the produce to the buyers as per the terms and conditions of the agreement. The Department has granted exemption to contract farming produce from stock limit provisions specified under any order made under the Act. The exemption is applicable to buyers who are registered under any of the respective state Acts pertaining to contract farming. However, the produce purchased by these buyers will continue to be subject to maximum limits as specified under the respective state Acts.

Certain recommendations of the High-Level Empowered Committee on stressed thermal power projects implemented

The Ministry of Power had constituted a High-Level Empowered Committee to resolve issues related to stressed thermal power assets in July 2018.[63] The Union Cabinet approved some of the Committee’s recommendations in March 2019. The Ministry has released implementation details of some of these recommendations.

Debt servicing of stressed thermal projects The Ministry has approved a mechanism to ensure that the debt of stressed thermal power projects is serviced on priority.[64] This will apply to projects using coal linkages under the SHAKTI policy. The SHAKTI policy provides for the allocation of coal linkages for the power sector in a transparent manner. The Committee had suggested that the net surplus generated by the developer of the stressed power project, after meeting operating expenses, must be used for servicing debt.

As per the mechanism, all the revenues of the project will be deposited into a Trust and Retention Account (TRA). A cash flow monitoring agency will be appointed by lenders to verify actual cash flow and costs of the project. The priority order for expenditure from TRA will be as follows: (i) statutory payments including taxes and duties owed to the government, (ii) fuel cost, (iii) transmission cost, (iv) operation and maintenance expenses, (v) interest payment to lenders, and (vi) principal payment to lenders.

Auction of coal linkage for short-term The Ministry has released a draft methodology for auction of coal linkages under the SHAKTI policy for the short term.[65] The objective of auctioning short term linkages is to cater to the dynamic requirements and demand variation in short-term and day-ahead markets.

The power plants which do not have a power purchase agreement (PPA) will be eligible to participate in the auction. The duration of linkage will be a minimum of three months and a maximum of one year. This auction will be carried out at frequent intervals (at least twice a year). The power generated under these coal linkages will have to be sold in: (i) the day-ahead market and intraday market through power exchanges, and (ii) short term through a transparent bidding process using Discovery of Efficient Energy Price (DEEP) portal. The DEEP portal is an e-bidding and e-reverse auction portal for procurement of short term supply of power by distribution companies.

Framework for a real-time market for electricity proposed The Central Electricity Regulatory Commission (CERC) has proposed a framework for a real-time market for the trading of electricity.[66] Comments are invited on the draft regulation till September 5, 2019.

Currently, most of the power procurement is done through long term contracts of duration up to 25 years.[67] Remaining procurement is through medium-term (up to five years) or short term contracts (day-ahead markets). CERC has also developed certain mechanisms to address any additional intra-day requirements and system imbalances. Power exchanges operate intra-day energy market based on continuous trade.67

Key features of the proposed market include: The real-time market will be a half-hourly market. Buyers and sellers will have the option of buying/selling bids for each 15-minute time block in the half-hourly market. Price discovery will be through a double-sided closed auction with a uniform price. In a double-sided auction, the trade proceeds at the price where a seller’s asking price and a buyer’s price match. Closed bid auction is one where a market participant is not aware of the bids of other participants during the auction process. A uniform price auction is a multi-unit auction in which a fixed number of identical units of a homogenous commodity are sold for the same price. A bid involves designating both the number of units desired and the price one is willing to pay per unit.

The concept of gate closure will be applicable to the auction. This implies that no change in a bid will be allowed after a scheduled point of time. Guidelines for implementation of phase-II of Grid-connected Rooftop Solar Programme announced

The Ministry of New and Renewable Energy has announced the operational guidelines for the phase-II of Grid-Connected Rooftop Solar Programme.[68] The objective of the phase-II of the programme is to add a capacity of 38,000 MW through rooftop solar by 2022. Table 4 Out of this, a capacity of 4,000 MW is to be added in the residential sector with central financial assistance. The rest 34,000 MW will be added through other sectors including social, government, educational, PSUs and industries. In the case of sectors other than residential, central financial assistance will not be provided.

The residential sector will be provided central financial assistance as described in Table 4.

Ocean energy including tidal energy, wave energy, ocean thermal energy conversion and marine current energy have been recognised as renewable energy.[69] Accordingly, the energy produced using various forms of ocean energy will be eligible for meeting the non-solar Renewable Purchase Obligations (RPO). RPO refers to the obligation of certain entities who have to meet a part of their energy consumption by using energy from renewable sources.

The total identified potential of tidal energy is about 12,455 MW. The total potential of wave energy and ocean thermal energy conversion is 40,000 MW and 1,80,000 MW respectively.

State Rooftop Solar Attractive Index (SARAL) launched The Ministry of New and Renewable Energy has launched the State Rooftop Solar Attractive Index (SARAL).[70] It will rank states based on the measures adopted to facilitate rooftop solar deployment. It seeks to incentivise rooftop solar deployment by creating healthy competition among the states. SARAL will evaluate the following aspects of the development of rooftop solar in the state: (i) robustness of policy framework, (ii) implementation environment, (iii) investment climate, (iv) consumer experience, and (v) business ecosystem.

In the rankings announced this month, Karnataka has achieved the first rank. Telangana, Gujarat and Andhra Pradesh have achieved 2nd, 3rd and 4th rank respectively.

Criteria for suspension of mining operations on the ground of sustainable mining practices relaxed

The Mineral Conservation and Development Rules, 2017 mandates mining lease holders to undertake sustainable mining practices.[71] Sustainable mining refers to the development of minerals and energy resources, onshore and offshore, in a way that maximises the economic and social benefits while minimising the environmental impacts of mining.

To adopt sustainable mining practices, the Ministry of Mines has prescribed a Sustainable Development Framework for mining lease holders.[72] The Indian Bureau of Mines (IBM) awards a rating from one to five stars to leased mines for their efforts towards the implementation of this framework every year.[73] As per the 2017 Rules, mining operations can be suspended by IBM in those mines which have not received at least four-star rating within two years of commencement of mining operations.71

The Ministry of Mines has amended these 2017 Rules to reduce the minimum rating requirement from four-star to three-star.[74] The period for achieving the required rating has been revised to four years from the date of commencement, or four years from Feb 27, 2017, as applicable.

A joint venture of NALCO, HCL and MECL to be set up for mining activities overseas for strategic minerals The Ministry of Mines has set up a joint venture (JV) namely Khanij Bidesh India Limited (KABIL) with the participation of three central public sector enterprises. These are National Aluminium Company Limited (NALCO), Hindustan Copper Limited (HCL) and Mineral Exploration Corporation Limited (MECL).[75]

The objective of KABIL is to ensure a consistent supply of strategic minerals to the domestic market and work toward the overall objective of import substitution. Strategic minerals are those which are critical to the economy and defence of a country but are not available in that country in commercially viable quantities. India has identified 12 such minerals including lithium, cobalt, tin, tungsten and selenium.[76]

This JV will carry out identification, exploration, development, mining and processing of strategic minerals overseas for commercial use and meeting India’s requirement of these minerals.75

The minerals will be sourced in following ways: (i) creation of trading opportunities, (ii) government-to-government collaborations with the producing countries, and (iii) strategic acquisitions or investments in the exploration of mining assets in the source countries.75

The Ministry of Steel has published a Draft Safety Code for the iron and steel sector.[77] The objective of the safety code is to develop a common safety standard across the sector. It aims to provide a basic framework to facilitate improved management of occupational safety issues at the workplace.

The safety code covers various aspects of operations in the sector including the following: fire safety, electrical safety, handling of materials and equipment, cutting and welding processes, and difficult working conditions including working at height, working in confined spaces or during excavation.

The safety code will be applicable to the following types of entities: Integrated steel plants: Plants having all range of activities from receiving raw material to dispatch of a finished product, including auxiliary facilities like a power plant and oxygen plant;

Mini Steel Plant/ Processing Units: These include furnaces, sponge iron plant, steel foundry and forge, alloys plant, among others; and Project/ Construction activities in the iron and steel industry.

The Jallianwala Bagh National Memorial (Amendment) Bill, 2019 was passed by Lok Sabha and is pending in Rajya Sabha.[78] It amends the Jallianwala Bagh National Memorial Act, 1951. The Act provides for the erection of a National Memorial in memory of those killed or wounded on April 13, 1919, in Jallianwala Bagh, Amritsar. The Act creates a Trust to manage the National Memorial.

Composition of Trust: Under the 1951 Act, the Trustees of the Memorial include: (i) the Prime Minister, as Chairperson, (ii) the President of the Indian National Congress, (iii) the Minister in-charge of Culture, (iv) the Leader of Opposition in Lok Sabha, (v) the Governor of Punjab, (vi) the Chief Minister of Punjab, and (vii) three eminent persons nominated by the central government.

The Bill amends this provision to remove the President of the Indian National Congress as a Trustee. Further, it clarifies that when there is no Leader of Opposition in Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha will be the Trustee.

The Act provides that the three eminent persons nominated by the central government will have a term of five years and will be eligible for re-nomination. The Bill adds a proviso to allow the central government to terminate the term of a nominated trustee before the expiry of his term without assigning any reason.

The Telecom Regulatory Authority of India (TRAI) has issued a consultation paper on review of the scope of Infrastructure Provider Category I (IP-I) registration.[79] Comments on the paper are invited till September 16, 2019.

The Infrastructure Providers are entities which own, establish and maintain telecom infrastructure and lease, rent or sell these to telecom service providers (TSPs). Telecom tower companies are registered under this category. Currently, IP-I companies are allowed to provide passive infrastructure.79 Passive Infrastructure Sharing involves sharing of non-electrical and civil engineering elements of telecom networks. These include right of way, tower sites, towers, poles, room for equipment, power supply, and air conditioning facilities.79

The consultation paper seeks to widen its scope by allowing provisions for sharable active infrastructure and providing end-to-end bandwidth through leased lines to TSPs. This is to facilitate the faster rollout of active infrastructure elements at competitive prices.79 Active Infrastructure Sharing involves sharing electronic network elements. It includes base stations, access node switches, antenna, and the management system for fibre networks.79

TRAI invites consultation on tariff-related issues for the broadcasting and cable services

TRAI has published a consultation paper on tariff-related issues for the broadcasting and cable services.[80],[81] Comments on the paper are invited till September 16, 2019.

As per the framework introduced in 2017, consumers pay a Network Capacity Fee (NCF) which is a fixed minimum fee to keep the connection and in return, get access to a hundred free to air channels.80 The subscription model for pay channels involves broadcasters offering its pay channels to Distributed Platform Operators (DPOs) as: (i) a single channel, called a-la-carte channel, and (ii) a group of channels, called bouquet. The DPOs are the broadcasting and cable services distributors. The DPOs may offer the channels to consumers for subscription in the form of : (i) a-la-carte channel, (ii) broadcaster’s bouquet and, (iii) DPO’s own customised bouquet comprising of channels from one or more broadcasters.80

The aim of the framework is to provide flexibility and freedom to consumers in choosing channels.80 However, heavy discounts offered by broadcasters on bouquets has led to : (i) adverse impact on the choice of a-la-carte channels by consumers, (ii) unwanted channels as part of bouquet being pushed to consumers, and (iii) non-level playing field for other broadcasters.80

The consultation paper primarily discusses issues related to discount given on the bouquet, the ceiling price of channels for inclusion in bouquet, need for the formation of the bouquet by broadcasters and DPOs, variable NCF and discount on long term subscription plans.

The Prime Minister, Mr. Narendra Modi, visited France. The countries signed four agreements in various areas including: (i) collaboration in skill development and vocational training, (ii) promotion of solar energy, (iii) collaboration in maritime domain awareness, and (iv) cooperation between the Ministry of Electronics and Information Technology and ATOS, a French IT company.[82]

Minister of External Affairs visits China The Minister of External Affairs, Mr. Subrahmanyam Jaishankar, visited China. The countries signed five agreements in various areas including: (i) cooperation in bilateral relations, (ii) general administration of sports, and (iii) traditional medicine.[83]

Environment Prachee Mishra ([email protected]) Ministry of Railways to ban single use plastic The Ministry of Railways has announced a ban on usage of single use plastic material from October 2, 2019.[84] In addition, all railway vendors must avoid use of plastic carry bags. Railway staff should reduce, reuse and refuse plastic products. IRCTC will implement return of plastic drinking water bottles as part of Extended Producer Responsibility (EPR). EPR is a policy approach under which producers are responsible for the treatment or disposal of their products that are no longer deemed useful by consumers. Such responsibility may be financial, physical, or both.

Gayatri Mann - September 3, 2019 Yesterday, the Ministry of Health and Family Welfare released a draft Bill to address incidences of violence against healthcare professionals and damage to the property of clinical establishments. Public comments on the draft Bill are invited till the end of September. In this context, we discuss key provisions of the draft Bill below.

What does the draft Bill seek to do? The draft Bill prohibits any acts of violence committed against healthcare service personnel including doctors, nurses, para medical workers, medical students, and ambulance drivers, among others. It also prohibits any damage caused to hospitals, clinics, and ambulances.

Under the draft Bill, violence means any act which may cause: (i) harm, injury or danger to the life of a healthcare service personnel, while discharging their duty, (ii) obstruction or hindrance to healthcare service personnel, while discharging their duty, and (ii) loss or damage to any property or documents in a clinical establishment.

What are the penalties for committing such acts of violence? Currently, the Indian Penal Code, 1860 provides for penalties for any harm caused to an individual or any damage caused to property. Further, the Code prescribes penalties for causing grievous hurt i.e., permanent damage to another individual. The draft Bill additionally specifies penalties for similar offences caused to healthcare professionals and clinical establishments.

Under the draft Bill, any person who commits violence, or abets such violence may be punished with imprisonment between six months to five years, along with a fine of up to five lakh rupees. However, if any person causes grievous hurt to a healthcare service professional, he will be imprisoned for a period between three years to ten years, along with a fine between two lakh rupees and Rs 10 lakh. Note that, currently under the Indian Penal Code, 1860, an individual who commits grievous hurt is punishable with imprisonment of up to seven years, along with a fine.

In addition to the punishment for offences committed under the draft Bill, the convicted person will also be liable to pay compensation to the affected parties. This includes: (i) payment of twice the amount of the market value of the damaged property, (ii) one lakh rupees for causing hurt to healthcare service personnel, and (iii) five lakh rupees for causing grievous hurt to healthcare service personnel. In case of non-payment of compensation, the amount may be recovered under the Revenue Recovery Act, 1890. The Act provides for recovering certain public arrears by attaching the property of an individual.

How will these cases of violence be investigated? All offences under the draft Bill will be cognizable (i.e., a police officer can arrest without a warrant) and non-bailable. An aggrieved healthcare service professional can write a request to the person-in-charge of the clinical establishment to inform the police of an offence committed under the draft Bill. Further, any case registered under this Bill will be investigated by a police officer not below the rank of Deputy Superintendent of Police.

This Bill is currently in the draft stage and has been released for comments by stakeholders and experts in the field. The draft will be revised to incorporate such suggestions. Note that, comments can be emailed to the Ministry of Health and Family Welfare at us-ms-mohfwnic.in by the end of September.

As part of the ongoing Indo-US defence cooperation, a joint military training, Exercise Yudh Abhyas - 2019 is being conducted at Joint Base Lewis Mc Chord, Washington, USA from 05-18 September 2019. Exercise Yudh Abhyas is one of the largest joint running military training and defence corporation endeavors between India and USA. This will be the 15th edition of the joint exercise hosted alternately between the two countries.

Exercise Yudh Abhyas will provide an opportunity to the armed forces of both countries to train in an integrated manner at Battalion level with joint planning at Brigade level. Multiple scenarios will be rehearsed during the joint exercise with a view to understand each other's organisational structure and battle procedures which would result in a higher degree of jointmanship that would further facilitate interoperability between the armed forces of both countries to meet any unforeseen contingency across the globe. The exercise is also an ideal platform to learn from each other's expertise and experiences of planning and execution of operations.

Both armies will jointly train, plan and execute a series of well developed operations for neutralization of threats of varied nature. ln the end a joint exercise will be undertaken by both countries in an operational setting under a UN mandate. Experts from both sides will hold expert academic and military discussions to share each other's experiences on varied topics for mutual benefit.