Lok Sabha passed the Real Estate (Regulation & Development) Bill, 2015

On 15 March 2016 Lok Sabha passed the Real Estate (Regulation & Development) Bill, 2015. The Bill seeks set up a Real Estate Regulatory Authority (RERA) for the orderly growth of real state sector.

Bill aims at protecting the interests of the large number of aspiring house buyers & enhances the credibility of the construction industry. Earlier, it was passed by Rajya Sabha on 10th March 2016.

Bill seeks to create a set of rights and obligations for the both consumers & developers.

The mandatory registration for projects has been brought down to 500 sq meter area, or those comprising 8 flats. It also provides for a clear definition of carpet area and a system that would require the consent of 2-3rd of the buyers in case there are changes in the project plans.

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Lok Sabha passed the Real Estate (Regulation & Development) Bill, 2015

Lok Sabha passed Aadhaar (Targeted Delivery of Financial and the Other Subsidies, Benefits & Services) Bill, 2016

On 11 March 2016 The Lok Sabha passed the Aadhaar (Targeted Delivery of Financial and the Other Subsidies, Benefits & Services) Bill, 2016.

The Bill seeks to provide for targeted delivery of subsidies & services to individuals residing in India by assigning them unique identity numbers, that called Aadhaar numbers.

Since it was introduced as a Money Bill, it requires only approval of the President to become an Act of the Parliament.
Some Features of Aadhaar Bill, 2016

• Eligibility: Every resident shall be entitled to obtain an Aadhaar number. A resident is a person who has resided in India for 182 days, in the 1 year preceding the date of application for enrolment for Aadhaar.
• Information to be submitted: To obtain an Aadhaar number, an individual has to submit his (a) biometric (photograph, finger print, iris scan) and (b) demographic (name, date of birth, address) information. The Unique Identification Authority (UID) may specify other biometric & demographic information to be collected by regulations.
• Enrolment: At the time of enrolment, the individual will be informed of the manner in which the information will be used, the nature of recipients with whom the information will be shared and the right to access this information.

After verification of information provided by a person, an Aadhaar number will be issued to him.
• Usage of Aadhaar number: To verify the identity of a person receiving a subsidy or a service, the government may require them to have an Aadhaar number. If a person does not have an Aadhaar number, government will require them to apply for it, and in the meanwhile, provide an alternative means of identification.

Any public or private entity can accept the Aadhaar number as a proof of identity of the Aadhaar number holder, for any purpose. However, Aadhaar number cannot be a proof of citizenship or domicile.

Functions and composition of authority: The following are the key functions of the UID authority –

1) Specifying demographic and biometric information to be collected during enrolment

2) Assigning Aadhaar numbers to individuals

3) Authenticating Aadhaar numbers

4) Specifying the usage of Aadhaar numbers for delivery of subsidies and services.
• UID Authority composition: The UID authority will consist of a chairperson, two part-time members and a CEO. The chairperson and members are required to have experience of at least 10 years in matters such as technology, governance, etc.
• Authentication: The UID authority will authenticate the Aadhar number of an individual, if an entity makes such a request. A requesting entity (an agency or person that wants to authenticate information of a person) has to obtain the consent of an individual before collecting his information. The agency can use the disclosed information only for purposes for which the individual has given consent.
• Response to authentication query: The UID authority shall respond to an authentication query with a positive, negative or other appropriate response. However, it is not permitted to share an individual’s finger print, iris scan and the other biological attributes.
• Maintenance of the Authentication records: The UID authority shall record the entity requesting verification of a person’s identity, the time of request and response received by the entity. The purpose for which an individual’s identity needs to be verified will not be maintained.
• Privacy: Biometric information such as an individual’s finger print, iris scan and the other biological attributes will be used only for Aadhaar enrolment & authentication and for no other purpose. Such information will not be shared with anyone, nor will it be displayed publicly, except for purposes specified by the regulations.

However, in 2 instances, information may be revealed – In the interest of national security and on the order of court.
1) National security: In the interest of national security, a Joint Secretary in the Union Government may issue a direction for revealing Aadhaar number, biometric information, demographic information & photograph. Such a decision will be reviewed by an Oversight Committee (comprising Cabinet Secretary, Secretaries of Legal Affairs and Electronics or Information Technology) and will be valid for 6 months.
2) Court order: On the order of court an individual’s Aadhaar number, photograph & demographic information may be revealed.
• Offences and penalties: A person may be punished with imprisonment up to Three years and minimum fine of Ten lakh rupees for unauthorized access to the centralized database, including revealing any information stored in it.

If a requesting entity and an enrolling agency fail to comply with rules, they shall be punished with imprisonment up to one year or a fine up to 10000 rupees or 1 lakh rupees, in case of a company, or with both.
• Cognizance of offence: No court shall take cognizance of any offence except on a complaint made by the UID authority or a person authorised by it.

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Lok Sabha passed Aadhaar (Targeted Delivery of Financial and the Other Subsidies, Benefits & Services) Bill, 2016

Lok Sabha passes Election Laws (Amendment) Bill, 2016

Lok Sabha has been passed Election Laws (Amendment) Bill, 2016 to grant voting rights to people who became citizens of India following the exchange of enclaves between India & Bangladesh. The bill seeks to amend the Representation of the People Act, 1950 and the Delimitation Act, 2002. These Acts regulate allocation of seats to the Lok Sabha and state legislatures and delimitation of parliamentary or state assembly constituencies.
Key facts:

• This bill aims to empower the Election Commission of India to carry out delimitation in areas that were affected by the enactment of the Constitution (100th Amendment) Act, 2015.


• Under the 2015 Act, enclaves were exchanged between India & Bangladesh. India received 51 enclaves from Bangladesh and transferred 111 enclaves to Bangladesh in July 2015.


• The bill empowers ECI to amend the delimitation order for:


• (i) Include in the relevant constituencies the Bangladeshi enclaves that were transferred to India.


• (ii) Exclude of relevant constituencies in the Indian enclaves that were transferred to Bangladesh.


• The RPA, 1950 and Delimitation Act, 2002 provide the ECI the responsibility to maintain up-to-date delimitation orders. Delimitation orders specify the boundaries of territorial constituencies.

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Lok Sabha passes Election Laws (Amendment) Bill, 2016

Lok Sabha passed The Payment of Bonus (Amendment) Bill, 2015

The Lok Sabha passed The Payment of Bonus (Amendment) Bill, 2015. The Bill will allow doubling of wage ceiling for calculating bonus of factory workers.

The Bill seeks to amend the Payment of Bonus Act, 1965. The Bill 2015 was introduced in Lok Sabha on 7 December 2015.

Provisions of Bill

• It seeks to raise the eligibility limit for payment of bonus from a salary of 10000 rupees to 21000 rupees a month.

• It seeks to raise this calculation ceiling of bonus to 7000 rupees per month or as per the minimum wage notified for the employment under the Minimum Wages Act, 1948 (whichever is higher).

• It seeks to mandate prior publication of rules made by the Union Government in the Official Gazette to allow for more public consultation.

• It will have retrospective effect and will come into force on 1 April 2015.

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Lok Sabha passed The Payment of Bonus (Amendment) Bill, 2015

Lok Sabha passes Atomic Energy Bill, 2015

The Lok Sabha has unanimously passed Atomic Energy (Amendment) Bill,2015 by the voice vote. The bill seeks to amend the Atomic Energy Act, 1962 to facilitate and fast-track setting up of new nuclear projects in the country.

Key provisions of the Bill Redefines paid up share capital:

Expands the definition of paid up share capital in parent Act to include joint ventures (JV) of public sector undertakings (PSUs). Paid up share capital is the capital received by a company from the issue of shares. Government company is one in which at least 51 percent of the paid up share capital is held by the central government. The whole of the paid up share capital would be held by one or more PSUs and empowers the Union government to constitute its Board of Directors for such JV.
Licenses:

Henceforth it will only be granted to entities such as a government company or a department of the Union Government. Under the parent Act, license is required for acquisition, production, use, export & import of any plant designed for the production and development of atomic energy or research. License granted will be cancelled if it ceases to be a government company for (i) acquiring and using substances or minerals from which atomic energy can be obtained (ii) producing atomic energy.

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Lok Sabha passes Atomic Energy Bill, 2015

Lok Sabha passes High Court and Supreme Court Judges (Salaries & Conditions of Service) Amendment Bill, 2015

Lok Sabha has passed High Court and Supreme Court Judges (Salaries & Conditions of Service) Amendment Bill, 2015 The Bill amends the Supreme Court Judges (Salaries & Conditions of Service) Act, 1958 and the High Court Judges (Salaries & Conditions of Service) Act, 1954.
Key features of Bill:

• The Bill aims at removing anomalies in pensionary benefits of High Court judges elevated from the bar. Seeks to bring uniformity and do away with the indiscrimination of salaries and pensions for judges elevated from the Bar Pension payable to HC judges: For the purpose of providing pension, a period of 10 years will be added from April 2004 to the service of a Judge.


• This provision would be applicable to a HC judge who has been an advocate of a HC for at least 10 years. Casual leave for SC & HC judges: The casual leave for SC and HC judges will be computed in a manner to be prescribed. The previous 1954 & 1958 Acts provided leave to judges on full allowances and half allowances respectively.


• Leave allowances of HC judges: Henceforth Judges would have the option of availing leave on partly full and partly half allowances or full allowances, half allowances specified in the 1954 and 1958 Acts. Joining time allowance for HC judges: Deletion of provision in 1954 Act that provides for an allowance at the rate of Rs.1110 per month instead of salary to HC judges in relation to joining time on his return from leave out of India.

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Lok Sabha passes High Court and Supreme Court Judges (Salaries & Conditions of Service) Amendment Bill, 2015

Lok Sabha passes The Bureau of Indian Standards Bill, 2015

Lok Sabha has passed The Bureau of Indian Standards Bill, 2015 by a voice vote to establish Bureau of Indian Standards (BIS). The Bill replaces the Bureau of Indian Standards Act, 1986 and establishes BIS as a national standard body for development of standardization and assessment and quality assurance of goods, articles, services, processes and systems. The Bill seeks to broaden ambit of BIS and empower Union Government to make it mandatory to carry the standard mark for certain notified goods, articles, processes, etc.

Salient features of The Bureau of Indian Standards Bill, 2015:

• Establishment of the BIS:
  
  The Bureau would be a national body which will formulate, certify and implement certain standards of quality for goods, articles, processes, etc. Technical committees of experts will be constituted by the Bureau for the purpose of formulating such standards. Governing Council of BIS would be responsible for the general superintendence, management and direction of the Bureau.


• Certification of goods, articles, services etc:
  
  BIS would be a licensing authority for quality standards which may issue a license or certificate of conformity to the item that conforms to the Indian standard as set by the Bureau. For quality assurance and conformity assessment of goods, articles, services, etc. the Bureau will establish and maintain testing laboratories.
  
  Certification of precious metals:
  
  For certification of precious metal articles including gold, silver, platinum and palladium or their alloys a hallmark will be used. A hallmark indicates a proportionate content of the precious metal in the metals as per the Indian standard. Such hallmarked precious metals (articles) will be sold in certified outlets.


• Mandatory certification of certain goods:
  
  Empowers Union government to notify certain goods, processes, articles etc which will need to compulsorily carry a standard mark. Such goods or articles will be notified for (i) public interest or protection of human, animal or plant health (ii) prevention of unfair trade practices (iii) safety of the ecology and environment (iv) national security.
  
  Recall of goods, services, articles etc:
  
  Empowers the Bureau to recall a good or article which is already out for supply or sale. This will be done if good or article does not conform to the particular standard.


• Penalties:
  
  For improper use of the Indian standard mark, fine of up to five lakh rupees will be imposed. Prescribed penalties are for (i) Improper use of the standard mark by marking and testing centres (ii) manufacturing or selling goods and articles not carrying a standard mark which has been mandated to do so.


• Offences by companies:
  
  It any company commits an offence under the Bill, then persons responsible (in charge) for company will be held guilty even if the offence was committed without their consent, knowledge or connivance.
  
  Appeals:
  
  against an order regarding the granting of a certificate or license of conformity or compounding of offences shall be made to the Director General (DG) of the BIS. Further appeal against the order of DG will be made to the Union government

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Lok Sabha passes The Bureau of Indian Standards Bill, 2015

Two members of Anglo-Indian Community nominated by the president to Lok Sabha

India’s President Pranab Mukherjee appointed Two members of Anglo-Indian Community to Lok Sabha as per the provisions of Article 331 of Indian Constitution.
Nominted Persons are:
Professor Richard Hay:

Prof.Richard hay hails from Kerala. Presently, he teaches economics in various academic institutes in India as well as abroad.
George Baker:

George hails from West Bengal and is actor by profession. Since 1970s, he has acted in several Assamese or Bengali movies. His famous film was ‘Chameli Memsaab’ which had won the national film award in 1975. Presently, he is member of Bhartiya Janta Party.george had unsuccessfully contested for 2014 Lok-Sabha election on BJP ticket from Howrah in West Bengal after he had joined the BJP in 2014.
Article 331:

Representation of the Anglo-Indian Community in Lok-Sabha It says that President may appoint 2 members from Anglo-Indian Community to the Lok Sabha, if in his opinion that this community is not represented completly,not with standing anything mentioned in Article 81 which deals with the Composition of Lok-Sabha.In Article 81 (1) which was inserted by the 35th Constitutional Amendment Act, says that subject to Article 331, Lok Sabha shall consists of 530 directly elected representatives from states and 20 directly elected representatives from Union Territories.Thus, the total strength of Lok-Sabha is 552 including Two members of Anglo-Indian Community.
Who is Anglo-Indian?

Article 366(2) of the Indian Constitution defines Anglo-Indian as a person who is occupant within the territory of India, whose father or any of his other male progenitors are in the male line are of European descent.

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Two members of Anglo-Indian Community nominated by the president to Lok Sabha