act

CITIZENSHIP ACT 1955



Section 66A of IT Act
• Recently a PIL was filed in Madras High Court challenging the constitutional validity of Section 66A of the
Information Technology Act.
• The Section 66A of IT Act states that, any person who sends, by means of a computer resource or
communication device, any information that was grossly offensive or has a menacing character could be
punished with imprisonment for a maximum term of three years, besides imposing appropriate fine.
• In the follow up, the government issued new guidelines to stop misuse of section 66 A of the Information
Technology Act.
• Now the cases dealing with spreading messages of reported hatred by electronic medium will be decided
by a senior police officer not below the rank of DCP in rural and urban areas. An IGP rank officer will have
to give prior approval for registration of cases relating to the section 66(a) of IT Act in metro-politan
cities. The guidelines come in the wake of alleged misuse of the section in recent few cases.

Cabinet’s nod for amendments to benefit 88 lakh construction workers

November 4th, 2012

The Union Cabinet approved amendments made to the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and Building and Other Construction Workers’ Welfare Cess Act, 1996.

These amendments would be legitimized by tabling a Bill in this regard in the winter session of Parliament.These changes would benefit over 88.10 lakh construction workers.

The main features of the amendments include:

• Removing the clause that construction workers should have worked a minimum of 90 days to register with the labour welfare boards set up in various States
• Eliminating the upper age limit of 60 years for availing benefits under the scheme.

According to National Sample Survey (2009-10), there are about 4.46 crore building and other construction workers but only less than 25% of them have registered themselves with the Welfare Boards to avail benefits.

The Protection of Children from Sexual Offences Act, 2012 came into Force

The Protection of Children from Sexual Offences Act, 2012 came into force on 14 November 2012. The Act was passed in the Indian Parliament in May 2012. The Act under its ambit defines child as a person below the age-group of 18 and is gender neutral and have a clear definition for all types of sexual abuses like sexual harassment, penetrative or non-penetrative sexual abuse, and pornography.

The Act also has defined the punishments following the kind and harshness of the offence that includes life time imprisonment for heinous crimes of sexual assaults and abuses. The Act under its ambit has tried to set up the standards of International Child Protection rights and has made it mandatory to report the sexual offences against any child. Punishment against the person trying the allegedly defame any person that also includes a child via false information is mentioned in this Act.

The Protection of Children from Sexual Offences Act, 2012 has defined the ways to provide a child friendly process of offence reporting to evidence recording, trial and investigations. Section 45 of the Act allows the Union Government to make the necessary changes in the Act, whenever and wherever applicable.

The Act has also defined the facts like qualification and experience of the translators, interpreters, special educators, experts, arrangement for protection and care at times of emergencies and emergency treatment of child as well as the  Compensation amount that is payable to any victim of sexual abuse. This Act has also cleared that the provisions of this Act would be monitored by the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights, periodically.

All the rules have been structured and framed relying upon the Juvenile Act, 2000 for making arrangements in regards to the care and protection of the child, the devised rules of the act also would pay attention to the fact that the child is not re-victimised at time of investigation as well as trial. The Act has also made it clear that under situations in which the child who is being taken for the medical facility on an emergency factor no documentation or magisterial requisition would be demanded before the treatment.

The Rules laid down in the Act also had defined the criterion of awarding the compensations by the special court that includes loss of educational and employment opportunities along with disability, disease or pregnancy suffered by the subject as the consequence of the abuse. This compensation would be awarded at the interim stage as well as after the trial ends.

COFEPOSA







Speaking at the occasion, Smt. Tirath said that the increased number of sexual offences against children in the country necessitated an Act which would address this issue. The Protection of Children from Sexual Offences (POCSO) Act 2012, which came into force on 14 November 2012 with notification of its rules, has been able to address most of the issues. Addressing the members, she said that the existing laws such as the IPC were insufficient and deficient to deal with the specific requirements regarding children as they do not distinguish between an adult and a child victim. Moreover, these laws are not gender neutral and the definition of ‘rape’ is also restrictive. The new Act, she said, is gender neutral and covers all persons below the age of 18 years of age. Clear definition and description of offences have been provided. Also, stringent and harsh punishment for the offences has been prescribed in the Act. 

The Minister stated that the Act will be effective when its implementation is effective, for which spreading awareness about the various features and provisions of the Act becomes extremely crucial. She also mentioned that the States have a very important role to play in the implementation of the Act. She therefore urged the members of the Consultative Committee to suggest ways and means by which the awareness campaign of the Act could be strengthened, and ways through which its implementation is made more effective. 

The Ministry of WCD made a presentation on the salient features of the Act covering the definition of the terms, prescribed punishment for the offences, the rules for its implementation and the role of agencies such as NCPCR and SPCRs in the implementation process. The WCD Minister, Smt. Tirath mentioned that she has written to all the States for necessary action to be taken at their end. The Act was also discussed in the meeting of the State Ministers and Secretaries in September this year. She said that the M/o HRD is being approached to include age appropriate information on the issue in school curriculum. Also, training of police functionaries at all levels and those of the Judiciary and Central and State governments is crucial for effective implementation of the Act, she noted. The States are responsible for designation of Sessions Court in each district as Special Court under the Act, along with appointment of Special Public Prosecutor, establishment of special Juvenile police Units, Child Welfare Committees and District Child Protection Units. Formulation of schemes for payment of compensation to the child victims is also responsibility of the State governments. 

The members, while lauding the Act, stated that various organizations within the civil society and the NGOs working in this field should be roped in to spread awareness about the Act. Also, it needs to be ensured that the provisions of the Act should not be misused to settle scores or to victimise people, the members mentioned. Proper and adequate training of the functionaries associated with the implementation of the Act should assume top priority. 





ESSENTIALS COMMODITIES ACT-------1955




LAND CEILING LEGISLATION PASSED IN ALL STATES DURING ----1961-62






GOLD CONTROL ACT------BROUGHT BY MORAJI

The Gold Control Act was legislation enacted in India in 1962. After the Indo-China War in 1962, due to loss of foreign exchange reserves, the government of India enacted the Gold Control Act., 1962, prohibiting the citizens from holding pure gold bars and coins. The old holdings in pure gold had to be compulsorily converted into jewellery and that had to be declared. Only licensed dealers were allowed to deal in pure gold bars and coins. New gold jewellery purchases were either recycled or smuggled gold. This legislation killed the official gold market and a large unofficial market sprung up dealing in cash only. The gold was smuggled in and sold through the unofficial channel wherein, many jewelers and bullion traders traded in smuggled gold. A huge black market developed for gold. Gold Smith were unorganised labour force and could not cope with the new developed situation. Only a few could get the licence to hold the gold, that also in very small quantity, with the result that the members of Khudabadi Sindhi Swarankar community, who were depending only on their traditional occupation of making gold ornaments, lost their business and their financial condition deteriorated and families shattered.

In 1990, India had a major foreign exchange problems and was on verge of default on external liabilities. The Indian Govt. pledged 40 tons gold from their reserves with the Bank of England and saved the day. Subsequently, India embarked upon the path of economic liberalization. The era of licencing was gradually dissolved. The gold market also benefited because the government abolished the 1962 Gold Control Act in 1992 and liberalized the gold import into India on payment of a duty of Rs.250 per ten grams. The government thought it more prudent to allow free imports and earn the taxes rather than to lose it all to unofficial channel. From official imports of practically nothing in 1991, India officially imported more than 110 tonnes of gold in 1992, which now stands about 800 tonnes in a year.

In September 1999, the Govt. of India launched a Gold Deposit Scheme to utilize the idle gold and simultaneously give a return to gold owners and reduce the country's reliance on imports. However, this plan was not widely accepted by the population.

ANTI DEFECTION LAW

•What is the Anti-Defection Law?

The Tenth Schedule — popularly known as the Anti-Defection Act — was included in the Constitution in 1985 by the Rajiv Gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party.

The law was added via the 52nd Amendment Act, 1985, soon after the Rajiv government came to power with a thumping majority in the wake of the assassination of prime minister Indira Gandhi. The Congress had won 401 seats in the Lok Sabha.

•What are the grounds for disqualification under the Anti-Defection Law's Articles 102 (2) and 191 (2)?

a) If an elected member voluntarily gives up his membership of a political party;

b) If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission.

As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorised person within 15 days of such incident.

•What were the loopholes?

As per the 1985 Act, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’. Such defections were not actionable against. The Dinesh Goswami Committee on Electoral Reforms, the Law Commission in its report on "Reform of Electoral Laws" and the National Commission to Review the Working of the Constitution (NCRWC) all recommended the deletion of the Tenth Schedule provision regarding exemption from disqualification in case of a split.

1979------ANTI DEFECTION LAW WAS ENACTED EARLY IN JAMMU & KASHMIR



Citizenship Act 1955

The Indian citizenship and nationality law and the Constitution of India provide single citizenship for all of India. The provisions relating to citizenship upon adoption of the constitution are contained in Articles 5 to 11 in Part II of the Constitution of India. Relevant Indian legislation is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.Following these reforms, Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory).





RAGGING PREVENTION ACT CAME INTO FORCE IN TAMILNADU EDUCATIONAL INSTITUTION IN 1997

Process begins to amend Works of Defence Act,1903

The Ministry of Defence has started the process of bringing about amendments to The Works of Defence Act, 1903 to meet the requirements of the changed scenario.

About Work of Defence Act, 1903:

Works of Defence act is a 109 year old Act that provides for imposing

restrictions on use and enjoyment of land which are in proximity to Works of Defence in order to keep the land free from buildings and other obstructions.

Why have amendments been proposed to this Act?

It has been observed that the Act of 1903 has proved problematic for those civilians living in vicinity to defence depots because of its stringent and restrictive provisions. Some of defence establishments especially the defence depots were set up over a century ago in deep jungles or vacant lands far away from human habitations. But due to increased human activity and expansion in habitations certain areas have come very close to the depots.

What has been decided by the govt?

The Defence Ministry has decided to modernize all depots and develop them by taking cognizance of the best practices followed in some of the advanced countries in the world.

Madhya Pradesh Gau- Vansh Vadh Pratishedh (Sansodhan) Vidheyak(Madhya Pradesh prohibition of slaughter of cow-progeny (amendment) Bill was approved by the President on 22 December 2011. Under the amendment act, the onus would be on the accused to prove prosecution wrong if found guilty in a cow slaughter case.

 The guilty person would be liable for 7 years imprisonment, instead of the present 3 years. He will also have to pay a minimum fine of 5000 rupees.

The MP state government had passed the amendment Bill in 2010 in the assembly to boost the existing cow slaughter prohibition Act (Madhya Pradesh Gauvansh Pratishedh Adhiniyam 2004). The bill was forwarded to the Union Home Ministry on 3 September 2010. The bill received the Presidential assent following the approval of Indian Parliament.

SC preserves constitutional validity of RTE Act 2009
The Supreme Court upheld the constitutional validity of the Right to Education (RTE) Act, 2009.
What does RTE mandates?
By a majority view, a three-judge bench of Chief Justice S H Kapadia and justices K S Radhakrishnan and
Swantanter Kumar held that the RTE Act 2009 mandates 25% free seats to the poor in government and
private unaided schools except unaided private minority schools uniformly in India (except the state of Jammu & Kashmir). RTE Act 2009 is NOT applicable to the state of Jammu and Kashmir. Upholding the provisions of the law, the Supreme Court held the impugned act should be construed as “child specific”.
Will Supreme Court’s ruling have a retrospective effect?
NO. The Supreme Court clarified that its judgement will come into force from April 12, 2012 and, thus it will not apply to admissions granted after the enactment of the legislation i.e. the judgement will only have a prospective affect and not retrospective affect.




‘Right to Public Services Act’ notified in Assam
What is “Assam Right to Public Services Act, 2012”?
It is a law passed by the Assam government in order to provide better public services to the citizens in a time-bound
fashion. The new Act will provide rights to the citizens to get “notified public
services” within a definite timeframe and also fixes responsibility on public
servants to provide these services in a time-bound fashion. The appellate authority or the reviewing authority will be
empowered to inflict penalty or take direct disciplinary action against the designated public servant for his/her inability
to perform. The notified service is likely to include ration cards, birth and death certificates, water, power connections
and works related to land revenue departments.
What is the purpose of a Right to Public Services legislation?
 A Right to Public Services Legislation comprises statutory laws which guarantee time bound delivery of services
for various public services rendered by the Government to citizen.
 It provides mechanism for punishing the errant public servant who is deficient in providing the service stipulated
under the statute.
 It is meant to reduce corruption among the government officials.
 To increase transparency and public accountability.
 The prime focus of the it is on offering good governance.
Which was the first Indian State to enact Right to Service Act?
Madhya Pradesh was the first state in India to enact Right to Service Act on 18 August, 2010.





Cabinet approves amendments in Marriage Act to make divorce
women friendly








Religion-Neutral Marriage Registration and a separate Marriage Act for Sikhs gets Cabinet Nod
The Union Cabinet approved a proposal to permit registration of religion-neutral marriages. The
proposal has been brought in the form of amendment to the Registration of Births and Deaths Act,
1969. A in this respect will be introduced in the Budget Session of the Parliament commencing on April
24, 2012.
Objective of this proposed Bill:
 It will give relief to couples having inter-religion wedlock as these couples often face social and community
pressures for having married as per their wishes.
 The proposed bill to amend the Registration of Births and Deaths Act.
 I will save women in case of inter-religion marriages from unnecessary harassment in matrimonial and
maintenance cases.

 It will also provide evidentiary value in the matters of custody of children, right of children born from the
wedlock and the age of the persons married.
 The present system of issuing religion-based certificates will continue.
The Union Cabinet also gave its approval to another bill under which Sikhs would be able to register marriages under
the “Anand Marriage Act, 1909”.
Objective of this Move:
At present, the Sikhs Marriages are registered under the Hindu Marriage Act and in the official documents Sikhs are
shown as Hindus. Besides Sikhs, Jains and Buddhists are also issued certificates under this Act. There has been a long
standing demand from the Sikh community for a separate Marriage Act for Sikhs. “The Anand Marriage Act” was
passed by the British in 1909 but was annulled after partition.









Amendments to the Hindu Marriage Act
approved by the Cabinet in order to make
divorce with mutual consent more women
friendly. Amendment to include:-
 Allowing the courts to reduce or waive off
the waiting period of six months for
divorce by mutual consent.
 Provision to ensure that women get a
share in property acquired during the
marriage but the quantum of share will be
decided by courts on a case by case basis.
 Giving rights to adopted children at par with biological off-springs in case the parents go for a divorce.
The Marriage Laws (Amendment) Bill, 2010, was introduced in the Rajya Sabha two years ago and was referred to the
Parliamentary Standing Committee on Law and Justice and Personnel.

The Civil Liability for Nuclear Damage Act, 2010 or Nuclear Liability Act is a highly debated and controversial Act which was passed by both houses of Indian parliament. The Act aims to provide a civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a nofault liability to the operator, appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto.

This is one of the last steps needed to activate the 2008 Indo-U.S. civilian nuclear agreement as the United state nuclear reactor manufacturing companies will require the liability bill to get insurance in their home state. After this Act was passed, India became a member of the international convention on liability in the civil nuclear arena|.

MAXIMUM liable by the operator will yield only1,500 crore

Govt to fine-tune Persons with Disability Act 1995
Govt will introduce a fresh law to substitute the current Persons with Disability Act 1995
Objective: To synchronize the rights and facilities entitled to persons with disabilities at par with international
standards. Ministry of Social Justice and Empowerment is working on a draft legislation for empowerment of persons with disabilities in line with the United Nations Convention on Rights of Persons with Disabilities (UNCRPD)













Gazzette of India publishes Anand Marriage Act, 2012
 After Anand Marriage (Amendment) Bill, 2012 received assent of the President it was published as
corresponding Act in the Gazzette of India
 According to the Act Sikhs can now register their marriages under a separate act.
 Although the Anand Marriage Act was enacted in 1909, there was no provision for registration of marriages,which were registered under the Hindu Marriage Act, 1955
 According to the Act, couples whose marriages have been registered under this Act, will not be required to get their marriage registered under the Registration of Births, Marriages and Deaths Act-1969 or any other law for the time being in force.












Government of India enacts Prohibition of Child Marriage Act 2006
The Government of India enacted the Prohibition of Child Marriage Act (PCMA) 2006, which will bring all the States and Union Territories of India except the State of Jammu & Kashmir under its purview. The Act is also enforceable to all citizens of India without and beyond India.
As per the PCMA 2006, every child marriage is voidable at the option of the contracting party who was a child at the time of the marriage, within two years of the child attaining majority.
PCMA 2006 is the new act which has replaced Child Marriage Restraint Act (CMRA) of 1929.




NATIONAL WATER LAW under consideration
Centre has decided to constitute National Water Framework Act with guiding principles on water laws the States may implement.Incentives will be given for water projects to states who adopt the Act.
Head of the panel: Former Planning Commission member, Y.K. Alagh




Water Resources Ministry established another panel to amend the River Board act to aid holistic development of water resources with a river basin as a unit. Panel headed byT.S. Doabia. It involves establishing of River Boards, with the Chief Minister or Water Resources/Irrigation Minister as a member, of all basin States for prompt solution of disputes.
So far some of the upper riparian States were against establishment of River board organizations for basin
development as they are reluctant to share surplus waters with a lower riparian State.
The proposed framework law will address issues such as amendments to the Inter-State Water Disputes Act, 1956, the
Rivers Board Act and the Easement Law to make groundwater a public property with government in the role of a trustee.
Progress is on to amend Inter-State River Disputes Act to establish a single tribunal with several benches for speedier resolution of disputes in a time-bound manner.
It will facilitate in faster decisions over issues like:
 Ravi-Beas issue among Punjab, Haryana and Rajasthan
 Mandovi dispute among Goa, Karnataka and Maharashtra
 Krishna river water sharing quarrel among Maharashtra, Karnataka and Andhra Pradesh
 Mullaperiyar Dam dispute b/w Kerala and Tamil Nadu










Connotation of amendments in Indian Copyright Act 1947
The Govt of India brings in Copyright (Amendment) Bill, 2010 to update  with the
demands of the contemporary times. In its inception the law was enacted to provide protection to the
copyright of the authors and creators of original literary, dramatic, artistic and cinematographic work.
However with the advent of latest electronic ecosystem (including Internet and other sophisticated edevices)
the archaic law of 1957 falls short to efficiently and effectively protect copyright and other intellectual
property rights of the owners as it did not deal with electronic format since that was not the preferred format at the time of the passing of such legislation. The new Copyright (Amendment) Bill, 2010 tries to overcome these
shortcomings by incorporating new items.
Highlights of the Copyright (Amendment) Bill, 2010:
 All activities done using computers, computer systems, computer networks, computer resources and
communication devices, as also data and information in the electronic form will fall within the ambit of the
applicability of the Copyright Act
 Lyricists and Artists will be provided a level-playing field with respect to music companies and producers and allows them to negotiate the terms of the royalty for their literary and artistic creation
 Radio and Television broadcasters to pay royalty to the owners of the copyright each time the work of art is broadcast
 Effective protective framework for physically challenged or disabled persons by exempting works prepared for the good of the physically challenged in special formats such as Braille, from copyright
 Compulsory license to be granted for a certain number of copies in non-special formats to not-for-profit
organisations which are working in the field of protecting and benefitting disabled persons
 Safeguards of performers in the digital and electronic world by allowing performers to make their sound of visual recording of their performances and reproduce the same in any medium.
 The term “visual recording” is modified to include the recording in any medium by any method including the storing of it by any electronic means, moving images or the representations thereof, from which they can be perceived, reproduced or communicated by any method
 Evasion of effective technological measures applied for the purposes of protecting any rights conferred by the Copyright Act with the intention of infringing such rights will attract a punishment of 2 years and fine
 Advertently tampering with any rights management information without authority is put under new offence.
 Students are exempted to use the artistic, literary or dramatic or cinematographic works for research purposes under expanded concept of “Fair Use”.









SARFAESI ACT----ENABLING THE BANKS TO REALISE THEIR VIEWS

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, allows banks and financial institutions to auction properties (residential and commercial) when borrowers fail to repay their loans. It enables banks to reduce their non-performing assets (NPAs) by adopting measures for recovery or reconstruction.

When do properties fall under this Act?
If a borrower defaults on repayment of his/her home loan for six months at stretch, banks give him/her a 60-day period to regularise the repayment, that is, start repaying. On failure to do so, banks declare the loan an NPA and auction it to recover the debt.

How is the auction price decided?
It depends on the market value of the property. Professional valuers determine the property value based on which banks fix a reserve or minimum bid price. The valuations tend to be on the conservative side as it is a distress sale. If the price fetched exceeds the bank’s dues, the excess amount is given to the borrower.

Where can buyers get information about the auctions?
Banks advertise such sales in at least one English and one regional newspaper, 30 days prior to the auction. Alternatively, you can look at websites like www.foreclosure.com.

How can you bid?
Interested bidders must submit their bids in a sealed envelope to the bank. Along with the bid, they must also deposit a certain percentage of the reserve price as earnest money deposit. This amount differs across banks and is refundable if one withdraws from the process or does not win.

On the auction day, the sealed envelopes are opened in front of the bidders and the highest bid is announced. Bidders may or may not get another chance to revise their bids. If you win, you have to pay up to 25 per cent of your bid amount to confirm the purchase. The bank may allow you to pay the remaining in 10-15 days. You can apply for a loan for the same.

What are the pros and cons of such buys?
Typically, these properties are 20-30 per cent cheaper than the market price. Also, since the bank had previously lent against the property, there is clarity on property title.

However, these properties are sold on an ‘as-is’ basis. There may be pending dues or even litigations. These liabilities, unless checked carefully, can get transferred to you automatically.

 NCTE 1993 Act


Certificates By Unrecognised Teachers Training Institutes Invalid: Supreme Court
 A bench of justices G S Singhvi and A K Ganguly of the Supreme Court has ruled that certificates awarded by unreognized private teachers’ training institutes will have no legality unless the courses are recognised by the National Council for Technical Education (NCTE).
 SC ruled that it is duty of the Regional Committees of the NCTE to ensure that the institutions follow necessary norms in terms of infrastructure, curriculum and other stipulations contained in the NCTE 1993 Act to curb unregulated institutes.
 Supreme Court has also ruled that no high court in the country can give any interim relief to such unrecognised institutions in such matters if their recognitions is rejected or withdrawn at any point of time.