Cabinet approves scheme for Remission of Duties and Taxes on Exported Products
The Union Cabinet approved the introduction of the scheme for Remission of Duties and Taxes on Exported Products.[113] The scheme creates a mechanism for reimbursement of taxes and duties (including central, state and local taxes) incurred in the process of manufacturing and distribution of exported products. The scheme will specifically cover those taxes and duties that are currently not being refunded under any other mechanism. An inter-ministerial committee will be constituted to determine the rates and items for which the reimbursement of taxes and duties would be provided under the scheme.
Cabinet approves the revised Foreign Direct Investment Policy on Civil Aviation The Union Cabinet approved certain amendments to the Foreign Direct Investment (FDI) policy on civil aviation.[114] At present, 100% FDI is permitted for domestic scheduled passenger airlines. For NRIs, 100% FDI is allowed under the automatic route for domestic scheduled passenger airlines, whereas for others it is up to 49%. However, for Air India Ltd., FDI cannot exceed 49%, either directly or indirectly. It is subject to the condition that substantial ownership and effective control of Air India Ltd. has to be vested in Indian nationals. The amendments permit 100% FDI by NRIs in Air India Ltd., under the automatic route.
Cabinet approves the Indian Institutes of Information Technology Laws (Amendment) Bill, 2020 The Union Cabinet approved the introduction of the Indian Institutes of Information Technology Laws (Amendment) Bill, 2020.[115] The Bill seeks to amend the Indian Institutes of Information Technology Act, 2014 and the Indian Institutes of Information Technology (Public-Private Partnership) Act, 2017.
The Bill declares five Indian Institutes of Information Technology (IIITs) set up under the Public Private Partnership mode in Surat, Bhopal, Bhagalpur, Agartala, and Raichur as Institutions of National Importance. Currently, these institutes are registered as Societies under the Societies Registration Act, 1860 and do not have the power to grant degrees or diplomas. On being declared institutions of national importance, the five institutes will be granted the power to grant degrees such as Bachelor of Technology, Master of Technology, and Ph.D.
Standing Committee on Information Technology submits its report on the Cinematograph (Amendment) Bill, 2019 The Departmentally Related Standing Committee on Information Technology submitted its report on the Cinematograph (Amendment) Bill, 2019.[116] It amends the Cinematograph Act, 1954. The Bill prohibits a person from using a recording device to make a copy or transmit a film, without written authorisation from the producer of the film. Persons who make copies of a film without authorisation will be punished with imprisonment of up to three years, or fine up to Rs 10 lakh, or both. The Committee made following observations and recommendations:
Need for the Bill: Piracy of films is a punishable offence under the Copyright Act, 1957. The punishment against this offence under the Copyright Act includes imprisonment for a term between six months and three years. The Committee observed that the proposed amendment in the Cinematograph Act may not be required as such offences are already adequately covered in other existing laws. Also, the Committee expressed concerns over the effective implementation of existing provisions of the Copyright Act for tackling film piracy.
The minimum term for imprisonment and the minimum fine: The Bill provides for punishment with imprisonment of up to three years, or fine up to Rs 10 lakh, or both against the specified offence. However, it does not specify either the minimum term for imprisonment or the minimum fine. The Committee recommended that the Bill should specify both a minimum term for punishment and the minimum fine.
The maximum amount of fine: The Committee observed that the maximum fine of Rs 10 lakh proposed in the Bill is insignificant and should be raised. The Committee proposed enhancing the maximum fine to a range of 5%-10% of the audited gross production costs of a film.
Nature of offence: The Committee noted that the punishment for the specified offence in the Bill does not mention the nature of the offence (as to whether it is bailable or non-bailable). The Committee recommended that the Ministry should consider specifying the nature of the offence in this clause to remove any ambiguity.
Fair use provision: Fair use permits limited use of copyrighted material without having to first acquire permission from the copyright holder. The Committee noted that while the Copyright Act, 1952 covers fair use, the Cinematograph Act, 1954 does not. Hence, it recommended that the Bill should have a fair use provision. Such a provision will provide adequate safeguards to persons using short clips of films for non-commercial purposes (e.g. for sharing on social media).
Cabinet approves reimbursment of losses under MSP operations for cotton during 2014-15 to 2018-19
The Cabinet Committee on Economic Affairs has approved an expenditure of Rs 313 crore for reimbursing the losses to Cotton Corporation of India (CCI) (Rs 311 crore) and Maharashtra State Cooperative Cotton Growers Marketing Federation Limited (MSCCGMFL) (Rs 1.6 crore). The losses were made on sale of cotton procured under minimum support price (MSP) operations during the cotton years 2017-18 and 2018-19. MSCCGMFL is also being compensated because it was acting as a sub-agent for CCI in Maharashtra for carrying out MSP operations. [117]
Further, an additional expenditure of Rs 748 crore has been approved for reimbursing the losses to CCI (Rs 687 crore) and MSCCGMFL (Rs 60 crore) on sale of cotton procured under MSP operations during the cotton years 2014-15 and 2015-16.
Standing Committee submits report on the subject ‘System of Fertilizer Subsidy’ The Standing Committee on Chemicals and Fertilizers (Chair: Ms. K. Kanimozhi) submitted its report on the subject ‘System of Fertilizer Subsidy’.[118] The central government provides subsidy to fertilizer manufacturers and importers so that farmers can buy them at affordable prices. Key observations and recommendations of the Committee include:
Change in the subsidy policy: The Committee noted that fertilizer subsidy resulted in a tremendous growth of agricultural productivity, which was necessary for food security of the huge population of the country. However, it has also lead to negative effects such as over-use of fertilizers, their imbalanced use, and soil degradation. The Committee observed that the government is studying the existing subsidy regime and possible mechanisms which can improve the policy further. In this context, NITI Aayog has circulated its draft report to various stakeholders.
The Committee noted that any drastic change in the existing fertilizer subsidy policy would have a huge bearing on the country’s food security. It recommended that: (i) any such drastic change must be effected only after an in-depth study and wider consultations with all stakeholders (including the concerned central and state government departments, fertilizer industry, and farmers and their associations), (ii) no hasty decision should be taken, (iii) interests of small and marginal farmers should be kept in mind, and (iv) best international practices should be carefully studied. It also recommended that education and awareness of farmers about balanced use of fertilizers should be an integral part of the policy.
Direct subsidy to farmers: The Committee observed that many fertilizer manufacturing plants are operating with very old technology and systems, and not at their highest efficiency. The government bears the cost of their inefficiency in the form of higher subsidy. The Committee recommended that the companies should be set free to manufacture, supply, and sell fertilizers as per their own system. A farmer should have the choice of buying from various brands of fertilizers, while getting the subsidy directly in his bank account. Such a system will push manufacturers to produce and sell fertilizers in the most cost-effective manner, and push the inefficient ones out. It also recommended that the government should set out a clear and firm roadmap to switch to a system where farmers directly get the subsidy and the manufacturing and importing of fertilizers is set free to the market forces.
Cabinet approves the Minimum Support Price for copra for the 2020 season The Union Cabinet approved the Minimum Support Price (MSP) for copra for the 2020 season.[119] The MSP for milling copra has been increased by 4.6%, from Rs 9,521 per quintal to Rs 9,960 per quintal. The MSP for ball copra has been increased by 3.8%, from Rs 9,920 per quintal to Rs 10,300 per quintal.
National Agricultural Cooperative Marketing Federation of India (NAFED) and National Cooperative Consumers’ Federation of India Limited (NCCF) will continue to be the central nodal agencies responsible for procurement of copra in the coconut growing states.
TRAI releases recommendations on the enhancement of scope of Infrastructure Provider Category-I registration
The Telecom Regulatory Authority of India (TRAI) released recommendations on the enhancement of the scope of Infrastructure Provider Category-I (IP-I) registration.[120] Infrastructure Providers 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 registration holders are allowed to provide passive infrastructure. 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.
The consultation paper had sought to widen the scope of IP-I registration holders 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. Active Infrastructure Sharing involves sharing electronic network elements. It includes base stations, access node switches, antenna, and the management system for fibre networks.
Following are some of the key recommendations of TRAI on the enhancement of the scope of the IP-I registration: Additional network elements to be allowed: IP-I registration should also allow owning, establishing, maintaining and working all infrastructure items, equipment, and systems required for establishing: (i) Wireline Access Network, (ii) Radio Access Network, and (iii) Transmission Links. There will not be any limitation on the use of technology.
Necessary license for owning wireless equipment under the Indian Wireless Telegraphy Act, 1933 can be provided to IP-I registration holders. However, the registration will not provide for certain core network elements such as switch and switching centres.
Hence, the enhanced scope of IP-I registration will include: (i) right of way, (ii) duct space, (iii) optical fibre, (iii) tower, (iv) antenna, and (v) base station, among others.
Eligibility for accessing infrastructure of IP-I companies: Service providers with a valid authorisation from the central government for providing telecom services will be allowed to lease, rent or purchase infrastructure from IP-I companies. The infrastructure can be provided on mutually agreed terms and conditions which are fair, reasonable and non-discriminatory.
Saket Surya ([email protected]) Union Cabinet approves schemes for the promotion of electronics manufacturing The Union Cabinet approved the following schemes for the promotion of electronics manufacturing in the country.[121],[122], [123]:
Production Incentive Scheme for Large Scale Electronics Manufacturing: The scheme proposes production-linked incentive in mobile phone manufacturing and specified electronics components including assembly, testing, marketing, and packing units.121 The objective of the scheme is to promote domestic manufacturing of such electronics items and attract large investments in this area. The scheme will provide an incentive of 4%-6% to certain companies on incremental sales of goods manufactured in India over the base year, as may be defined. The incentive will be available for five years from the base year. The total cost of the scheme is estimated to be Rs 40,995 crore.
Modified Electronics Manufacturing Clusters (EMC2.0) Scheme: The EMC2.0 scheme will succeed the EMC scheme which was announced in 2012 and was open for application until October 2017.122,[124] Under the erstwhile EMC scheme, 20 Electronics Manufacturing Clusters (EMCs) and three Common Facility Centres (CFCs) were approved.122
The scheme will provide financial assistance for setting up of both EMCs and CFCs. The EMCs and CFCs will provide world-class infrastructure along with common facilities and amenities to the electronics systems design and manufacturing sector. The scheme will enable the availability of ready infrastructure for electronic manufacturing in the country. The total cost of the EMC 2.0 Scheme is estimated to be Rs 3,762 crore over a period of eight years.
Scheme for promotion of manufacturing of electronic components and semiconductors: The scheme will provide a financial incentive of 25% of capital expenditure for manufacturing of certain specified electronic goods.123 The capital expenditure on plant, machinery, equipment and technology including research and development will be covered under the scheme. The segments to be covered under the scheme include: (i) mobile electronics, (ii) consumer electronics, (iii) medical electronics, and (iv) telecom equipment. The total cost of the scheme is estimated to be Rs 3,285 crore.
Saket Surya ([email protected]) Atal Jyoti Yojana Phase-II extended upto March 2021 Atal Jyoti Yojana Phase-II has been extended up to March 31, 2021. The scheme was launched in December 2018.[125] As per the original timeline, the scheme was valid until December 2019.
The scheme provides for the installation of solar street lighting systems in specified areas. Under the scheme, 75% of the cost is borne by the central government and the balance 25% is provided through the Member of Parliament Local Area Development Fund (MPLAD).[126] Under the Phase-II of the scheme, a total of 3.04 lakh solar street lights are to be installed.
About National Security Act, 1980: It allows preventive detention for months, if authorities are satisfied that a person is a threat to national security or law and order.
The person does not need to be charged during this period of detention. The goal is to prevent the individual from committing a crime. It was promulgated on September 23, 1980, during the Indira Gandhi government.
As per the National Security Act, the grounds for preventive detention of a person include: acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India. regulating the continued presence of any foreigner in India or with a view to making arrangements for his expulsion from India.
preventing them from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do.
What the Constitution says? Article 22 (3) (b) of the Constitution allows for preventive detention and restriction on personal liberty for reasons of state security and public order.
Article 22(4) states that no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless: An Advisory Board reports sufficient cause for extended detention.
The 44th Amendment Act of 1978 has reduced the period of detention without obtaining the opinion of an advisory board from three to two months. However, this provision has not yet been brought into force, hence, the original period of three months still continues.
Duration: Under the National Security Act, an individual can be detained without a charge for up to 12 months; the state government needs to be intimated that a person has been detained under the NSA.
A person detained under the National Security Act can be held for 10 days without being told the charges against them. Appeal: The detained person can appeal before a high court advisory board but they are not allowed a lawyer during the trial.
Criticisms: The NSA has repeatedly come under criticism for the way it is used by the police. As per a Law Commission report from 2001, more than 14 lakh people (14,57,779) were held under preventive laws in India.
How Is It Draconian? Typically, if a person is arrested, then he/she enjoy certain rights bestowed by the Indian Constitution. The person has to be informed of the reason for the arrest. Under Section 50 of the Criminal Procedure Code (CrPC), the person arrested has to be informed.
However, in the case of the NSA, the person can be held up to ten days without being informed of the reason. Sections 56 and 76 of the same penal code guarantee the detained person to be produced before a court within 24 hours. Apart from this, Article 22(1) of the Constitution allows the detainee to seek legal advice from a legal practitioner. However, under the NSA, none of these above mentioned basic rights is permitted to the suspect.
What is BCG Vaccine? Bacillus Calmette–Guérin (BCG) vaccine is a vaccine primarily used against tuberculosis (TB).
In countries where TB or leprosy is common, one dose is recommended in healthy babies as close to the time of birth as possible.
In areas where tuberculosis is not common, only children at high risk are typically immunized, while suspected cases of tuberculosis are individually tested for and treated.
How can TB vaccine help fight COVID-19? The BCG vaccine contains a live but weakened strain of tuberculosis bacteria that provokes the body to develop antibodies to attack TB bacteria. This is called an adaptive immune response, because the body develops a defense against a specific disease-causing microorganism, or pathogen, after encountering it.
Most vaccines create an adaptive immune response to a single pathogen. Unlike other vaccines, the BCG vaccine may also boost the innate immune system, first-line defenses that keep a variety of pathogens from entering the body or from establishing an infection.
But, what’s the concern now? Doctors and scientists in India have expressed caution on this study, which argues that countries that have deployed the BCG-tuberculosis vaccine in their immunisation programmes have seen fewer deaths from COVID-19.
They say, it is premature for India, that has had a consistent TB vaccination policy since 1968, to take comfort from the study.