Professional Documents
Culture Documents
August 2019
Highlights of this Issue
GDP grows at 5% during the first quarter of 2019-20 (p. 2)
The GDP (at constant prices) grew at 5% during the first quarter of 2019-20, over the corresponding period a year
ago. Growth in all sectors, except electricity and mining, decreased from Q1 of 2018-19.
Finance Minister announces consolidation of 10 public sector banks into four banks (p. 4)
10 public sector banks will be consolidated to increase operational efficiency and reduce cost of lending. A total
capital infusion of Rs 55,250 crore into certain public sector banks was also announced.
Budget session of Parliament ends; Parliament passes 13 Bills this month (p. 3)
Bills passed by Parliament include the Consumer Protection Bill, the National Medical Commission Bill, the Motor
Vehicles (Amendment) Bill, and the Insolvency and Bankruptcy (Amendment) Bill.
Lok Sabha passes five Bills, and Rajya Sabha passes one Bill (p. 8)
Bills passed by Lok Sabha (and pending in the Rajya Sabha) include the Surrogacy (Regulation) Bill, the
Transgender Persons (Protection of Rights) Bill, and the Dam Safety Bill.
Special status of Jammu and Kashmir repealed; state reorganised into two UTs (p. 3)
Article 370, which provided special status to the state was amended and made inoperative. The state was
reorganised into the UT of Jammu and Kashmir with a legislature, and UT of Ladakh without a legislature.
Competition Law Review Committee submits report on the Competition Act, 2002 (p. 7)
Key recommendations include: (i) constitution of a governing body, (ii) automatic approvals for specified mergers
and acquisitions cases, and (iii) dedicated bench in the National Company Law Appellate Tribunal to hear appeals.
NITI Aayog releases the Composite Water Management Index 2019 (p. 18)
The report tracks the performance of states on key water management indicators over a period of three years. The
index aims to increase competitiveness among states with regard to water use and conservation.
Cabinet approves export subsidy for sugar for the 2019-20 season (p. 19)
Export subsidy of Rs 10,448 per metric tonne (MT) has been approved for sugar for the 2019-20 season. An
expenditure of Rs 6,268 crore has been approved for providing subsidy on up to 60 lakh MT of sugar.
UGC recommends 20 institutions for the status of Institutes of Eminence (p. 19)
Of these 20 institutions, 10 are in the public sector and the remaining are in the private sector. These institutions
would be allowed greater autonomy in admitting foreign students, fixing fees, and recruiting foreign faculty.
September 2, 2019
PRS Legislative ResearchInstitute for Policy Research Studies
3rd Floor, Gandharva Mahavidyalaya 212, Deen Dayal Upadhyaya Marg New Delhi – 110002
Tel: (011) 43434035-36, 23234801-02 www.prsindia.org
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Figure 1: GDP growth (in %, year-on- The MPC decided to maintain the
year) accommodative stance of monetary policy.
10.0%
8.0% Industrial production grew by 3.6% in
8.0% 7.0% 6.6% the first quarter of 2019-20
5.8%
6.0% 5.0% The Index of Industrial Production (IIP) grew by
4.0% 3.6% in the first quarter (April-June) of 2019-20,
as compared to the same period in 2018-19.4
2.0% Electricity saw the highest increase of 7.2%,
0.0% followed by an increase of 3.1% in
Q1 Q2 Q3 Q4 Q1 manufacturing, and 3% in mining. Figure 2
shows the year-on-year growth in industrial
2018-19 2019-20
Sources: MOSPI; PRS.
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Monthly Policy Review – August 2019 PRS Legislative Research
production (overall and across sectors) for the legislature. The Union Territory of Ladakh
first quarter of 2019-20. will comprise Kargil and Leh districts, and
the Union Territory of Jammu and Kashmir
Figure 2: Growth in IIP in the first quarter of
will comprise the remaining territories of the
2019-20 (year-on-year)
8.0%
existing state of Jammu and Kashmir.
7.2%
Lieutenant Governor: The Union
6.0%
Territory of Jammu and Kashmir will be
administered by the President, through an
administrator appointed by him known as
4.0% the Lieutenant Governor. The Union
3.6% 3.1%
3.0% Territory of Ladakh will be administered by
the President, through a Lieutenant
2.0%
Governor appointed by him.
Legislative Assembly of Jammu and
0.0% Kashmir: The Bill provides for a
IIP Electricity Manufacturing Mining
Legislative Assembly for the Union
April 19 May 19 June 19 Apr-June 19
Territory of Jammu and Kashmir. The total
Sources: MOSPI; PRS. number of seats in the Assembly will be
107. Of these, 24 seats will remain vacant
on account of certain areas of Jammu and
Kashmir being under the occupation of
Home Affairs Pakistan. The Assembly may make laws for
any part of the Union Territory of Jammu
Roshni Sinha (roshni@prsindia.org) and Kashmir related to: (i) any matters
specified in the State List of the
Special status of Jammu and Kashmir Constitution, except “Police” and “Public
repealed Order”, and (ii) any matter in the Concurrent
List applicable to Union Territories.
The special status given to Jammu and Kashmir
Further, Parliament will have the power to
under Article 370 was repealed by the central
make laws in relation to any matter for the
government.5 According to the Article, the
Union Territory of Jammu and Kashmir.
power of Parliament to legislate with respect to
Jammu and Kashmir was restricted to defence, Extent of laws: The Schedule lists 106
external affairs, communications, and central central laws that will be made applicable to
elections. However, the President could extend Union Territories of Jammu and Kashmir
other central laws, with the concurrence of the and Ladakh on a date notified by the central
state government. government. These include the Aadhaar
Act, 2016, the Indian Penal Code, 1860, and
A resolution was adopted by Parliament
the Right to Education Act, 2009. Further, it
recommending that the provisions of Article 370
repeals 153 state laws of Jammu and
be made inoperative, and that it be amended to
Kashmir. In addition, 166 state laws will
state that all provisions of the Constitution would
remain in force, and seven laws will be
apply to Jammu and Kashmir.6 On the basis of
applicable with amendments. These
this resolution, the President issued a notification
amendments include lifting of prohibitions
making Article 370 inoperative.
on lease of land to persons who are not
permanent residents of Jammu and Kashmir.
The Jammu and Kashmir Reorganisation
Bill, 2019 passed by Parliament For a PRS Bill summary, see here.
Parliament passed the Jammu and Kashmir Timeline for NRC appeals extended
Reorganisation Bill, 2019.7 The Bill reorganises
the state of Jammu and Kashmir into the Union Under the Citizenship (Registration of
Territory of Jammu and Kashmir, and the Union Citizenship and National Identity Card) Rules,
Territory of Ladakh. Key features of the Bill are 2003, a National Register of Indian Citizens
as follows: (NRC) is being prepared in Assam.8 Any person
whose name has been excluded or incorrectly
Reorganisation of Jammu and Kashmir: included in the NRC can register a complaint
The Bill reorganises the state of Jammu and with the Local Registrar of Citizen
Kashmir into: (i) the Union Territory of Registration. Earlier, appeals against decisions
Jammu and Kashmir with a legislature, and of the Registrar could be made to the Tribunals
(ii) the Union Territory of Ladakh without a
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Monthly Policy Review – August 2019 PRS Legislative Research
constituted under the Foreigners (Tribunal) If the realised equity is above the required
Order, 1964, within 60 days. The Rules were levels, the entire net income of RBI will be
amended to extend the timeline for appeal from transferred to the government. If it is lower,
60 to 120 days.9 risk provisioning will be made to the
necessary extent and only the residual net
Note that the final National Register of Indian
income will be transferred. This framework
Citizens in Assam was published on August 31,
may be reviewed every five years.
2019. The list leaves out 19,06,657 persons.10
The RBI Board has accepted all the
recommendations of the Committee. Based on
accounts for 2018-19, the available realised
Finance equity stood at 6.8% of balance sheet. This is
higher than the upper bound recommended by
RBI board accepts recommendations of the Committee. The Board decided to maintain
the Committee to review the existing the realised equity level at 5.5% of balance sheet,
Capital Framework of RBI and transfer the resultant excess risk buffer of Rs
52,637 crore to the government.
Anurag Vaishnav (anurag@prsindia.org)
As per the revised framework, the economic
The Reserve Bank of India (RBI), in consultation capital of RBI (as on June 30, 2019) stood at
with the central government, had constituted a 23.3% of balance sheet, which is within the
Committee (Chair: Dr. Bimal Jalan) to review range recommended by the Committee. Hence,
the current economic capital framework, in the Board decided to transfer the entire net
November 2018.11 The Committee has income for 2018-19, that is Rs 1,23,414 crore, to
submitted its report.12 The economic capital the government.
framework provides a methodology for
For a PRS summary of the Committee report, see
determining the appropriate level of risk
here.
provisions and profit distribution to be made
under Section 47 of the Reserve Bank of India Government announces consolidation,
Act, 1934. The terms and reference of the capital infusion for several PSBs
Committee included determining whether RBI is
holding reserves in surplus/deficit and proposing Anurag Vaishnav (anurag@prsindia.org)
a suitable surplus distribution policy. In this
regard, the Committee recommended: The Finance Minister, Ms. Nirmala Sitharaman,
announced several measures related to public
Economic capital of a central bank includes sector banks (PSBs). This includes merging 10
its realised equity and revaluation balances. PSBs into four PSBs in order to help achieve
The realised equity consists of: (i) scale and higher capacity to increase credit.13
Contingency Fund, which represents The banks to be merged are:
provisions made for unforeseen
contingencies, (ii) Asset Development Fund, Punjab National Bank, Oriental Bank of
which represents the amount set aside for Commerce, and United Bank of India will
investment in subsidiaries and internal be merged into one bank, with Punjab
capital expenditure, (iii) Capital and Reserve National Bank being the anchor bank (larger
fund. Revaluation balances are unrealised bank with which others will be merged).
gains, net losses resulting from movement of The resultant bank will be the second largest
exchange rate, gold price and interest rate. PSB in the country, with total business of Rs
17.94 lakh crore.
The current surplus distribution policy
targets only the total economic capital. The Canara Bank (anchor bank) and Syndicate
Committee recommended that the target Bank will be merged into one bank. This
should also include realised equity. The bank will be the fourth largest PSB (total
realised equity (which would be required to business size of Rs 15.2 lakh crore).
cover monetary, financial stability risks, Union Bank of India (anchor bank), Andhra
credit risks and operational risks) must be Bank, and Corporation Bank of India will be
maintained between 5.5% to 6.5% of the merged into a single bank, resulting in the
RBI’s balance sheet (current target: 3% to fifth largest PSB (total business size of Rs
4%). The total economic capital should be 14.59 lakh crore).
maintained between 20.8% to 25.4% of the
balance sheet (current target: 28.1% to Indian Bank (anchor bank), and Allahabad
29.1%). Bank will be merged into a single bank,
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Monthly Policy Review – August 2019 PRS Legislative Research
resulting in the seventh largest PSB (total For more details on the Bill, see here.
business size of Rs 8.08 lakh crore).
The Minister also announced capital infusion of Task force on Offshore Rupee Markets
Rs 55,250 crore into 10 PSBs. These include Rs submits report
16,000 crore into Punjab National Bank, Rs Anurag Vaishnav (anurag@prsindia.org)
11,700 crore into Union Bank of India and Rs
7,000 crore into Bank of Baroda, among others. The Task Force on Offshore Rupee submitted its
report.15,16 It was setup by the RBI in February
Chit Funds (Amendment) Bill introduced 2019 to examine issues related to the offshore
in Lok Sabha rupee markets, its effect on rupee exchange rate,
and recommend appropriate policy measures.17
Anurag Vaishnav (anurag@prsindia.org)
Offshore markets enable participants to trade in
The Chit Funds (Amendment) Bill, 2019 was non-convertible currency, keeping trading
introduced in Lok Sabha.14 The Bill amends the outside the ambit of domestic authorities. RBI’s
Chit Funds Act, 1982. Key features of the Bill policy focus has been to align incentives for non-
include: residents to gradually move to the domestic
market. However, in recent years, there has been
Names for a chit fund: The Act specifies
a sharp growth in offshore rupee markets, which
various names which may be used to refer to
has implications for currency stability. Key
a chit fund. These include chit, chit fund,
recommendations of the task force include:
and kuri. The Bill additionally inserts
‘fraternity fund’ and ‘rotating savings and Currently, the onshore market trading hours
credit institution’ to this list. are from 9 am to 5 pm.18 The task force
observed that domestic markets being closed
Presence of subscribers through video-
when major users in certain regions such as
conferencing: The Act specifies that a chit
United States are working creates a natural
will be drawn in the presence of at least two
access for offshore markets. It
subscribers. The Bill seeks to allow these
recommended extending onshore market
subscribers to join via video-conferencing.
hours to match the flexibility provided by
Foreman’s commission: Under the Act, the the offshore market to incentivize non-
‘foreman’ is responsible for managing the residents to hedge in the onshore market.
chit fund. He is entitled to a maximum
The task force recommended taking
commission of 5% of the chit amount. The
measures to facilitate non-residents to hedge
Bill seeks to increase the commission to 7%.
their foreign exchange in onshore market,
Further, the Bill allows the foreman a right
such as (i) establishing a central clearing and
to lien against the credit balance from
settlement mechanism, (ii) centralising KYC
subscribers.
requirements across financial markets and
Aggregate amount of chits: Under the Act, (iii) overcoming gaps between tax regime in
chits may be conducted by firms, India and international financial centres.
associations or individuals. The Act
Allowing users to undertake forex
specifies the maximum amount of chit funds
transactions up to USD 100 million in OTC
which may be collected. These limits are:
currency derivative market (off-exchange
(i) one lakh rupees for chits conducted by
trading market where the participants trade
individuals, and for every individual in a
with each other directly) without the need to
firm or association with less than four
establish underlying exposure.
partners, and (ii) six lakh rupees for firms
with four or more partners. The Bill Enabling rupee derivatives (settled in
increases these limits to three lakh rupees foreign currency) to be traded in
and 18 lakh rupees, respectively. international financial services centres in
India.
Application of the Act: Currently, the Act
does not apply to: (i) any chit started before
it was enacted, and (ii) any chit (or multiple Ministry of Finance increases monetary
chits being managed by the same foreman) thresholds for appeal by tax departments
where the amount is less than Rs 100. The Suyash Tiwari (suyash@prsindia.org)
Bill removes the limit of Rs 100, and allows
the state governments to specify the base The Ministry of Finance has increased the
amount over which the provisions of the Act monetary thresholds for filing appeals by the
will apply. Central Board of Direct Taxes and the Central
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Monthly Policy Review – August 2019 PRS Legislative Research
Board of Indirect Taxes and Customs.19,20 These In view of the above, the draft framework
thresholds are applicable for filing appeals before identified an indicative list of innovative
appellate tribunals, High Courts, and the products, services and technologies which
Supreme Court. The thresholds have been could be considered for testing under the
increased with the aim of improving litigation sandbox. These include retail payments,
management by helping the departments focus money transfer services, mobile technology
on litigation of substantial value. Table 2 shows applicants, data analytics, financial advisory
the revised limits for filing departmental appeals services, financial inclusion and cyber
before the different appellate forums. security products.
Table 2: Monetary thresholds for filing The framework also provides that the
departmental appeals (in Rs) FinTech company should be incorporated in
Appellate Forum Previous Limit Revised Limit India for participation in regulatory sandbox.
Financial institutions constituted under a
Appellate Tribunals 20 lakh 50 lakh
statute are also eligible. Further, the entity
High Courts 50 lakh One crore should have a minimum net worth of
Supreme Court One crore Two crore twenty-five lakh rupees as per its latest
Sources: Ministry of Finance; PRS. audited balance sheet.
In case of the Central Board of Indirect Taxes Timeline of implementation: The sandbox
and Customs, the revised limits will be process will consist of five stages spanning
applicable to appeals related to central excise and across 27 weeks. The stages include
service tax (including all the pending cases). preliminary screening of product, test
Further, the limits will not apply to cases which design, application assessment, testing and
involve substantial point of law. These include evaluation. The relaxations provided to the
cases where: (i) the constitutional validity of the participating companies will expire at the
provisions of an Act or rule is under challenge, end of this period.
and (ii) notification, order, instruction, or circular
has been held illegal or ultra vires. The implementation will be overseen by the
FinTech Unit at the RBI. The RBI may
discontinue sandbox testing for an entity at
RBI releases Enabling Framework for any time if it does not achieve its intended
Regulatory Sandbox purpose or if it fails to comply with the
Anurag Vaishnav (anurag@prsindia.org) regulatory requirements.
The Reserve Bank of India released the enabling RBI permits lending by banks to NBFCs
framework for Regulatory Sandbox.21 An inter- for on-lending to be classified as Priority
regulatory Working Group was setup in 2016 by Sector
the RBI to review the regulatory framework in
the financial technology sector.22 It Anurag Vaishnav (anurag@prsindia.org)
recommended introducing a framework for a
regulatory sandbox to provide regulatory The Reserve Bank of India has issued guidelines
guidance, increase efficiency, manage risks and that bank credit to registered Non-Banking
create new opportunities for consumers. Financial Companies (NBFCs) for the purpose of
on-lending to certain sectors will be eligible to be
The sandbox provides an environment which classified as priority sector lending.23 These
allows market participants to test new products, sectors include agriculture, micro and small
services or business models with customers in a enterprises and housing.
controlled environment. The objective of the
sandbox is to foster innovation in financial For agriculture, on-lending by NBFCs for
services, promote efficiency and bring benefit to term-lending is permitted up to Rs 10 lakh
consumers. Key features of the framework rupees per borrower.
include: For micro and small enterprises, on-lending
Eligibility: The focus of the sandbox will be by NBFCs is permitted up to Rs 20 lakh
on encouraging innovations amongst rupees per borrower.
FinTech companies where (a) there is For housing, the existing limits for on-
absence of governing regulations, (b) easing lending by NBFCs to be classified as
regulations enable the proposed innovation, priority sector has been doubled from Rs 10
or (c) the proposed innovation can lakh rupees to Rs 20 lakh rupees.
significantly ease delivery of financial
services. The total bank credit to NBFCs for the purpose
of on-lending should not exceed 5% of the
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Monthly Policy Review – August 2019 PRS Legislative Research
bank’s total priority sector lending. These creditor should be the higher of: (i) amounts
guidelines are valid till March 31, 2020. receivable under liquidation, and (ii) the
amount receivable under a resolution plan, if
Note that the above changes are not applicable
such amounts were distributed under the
for NBFCs which are micro finance institutions
same order of priority (as for liquidation).
(NBFC-MFI). A NBFC-MFI is a non-deposit
taking NBFC with a minimum net worth of Rs 5 Representative of financial creditors: The
crore and 85% or more of its assets as loans Code specifies that, in certain cases, such as
which meet certain thresholds such as, loans when the debt is owed to a class of creditors
given to households with annual income below beyond a specified number, the financial
Rs 1 lakh in case of rural households and Rs 1.6 creditors will be represented on the
lakh in case of semi-urban or urban households.24 committee of creditors by an authorised
representative. These representatives will
vote on behalf of the financial creditors as
per instructions received from them. The
Corporate Affairs Bill states that such representative will vote
on the basis of the decision taken by a
Roshni Sinha (roshni@prsindia.org) majority of the voting share of the creditors
that they represent.
Insolvency and Bankruptcy Code
(Amendment) Bill, 2019 passed by For more details on the Bill, see here.
Parliament
Competition Law Review Committee
The Insolvency and Bankruptcy Code submits report
(Amendment) Bill, 2019 was passed by Rajya
Sabha.25 It amends the Insolvency and The Competition Law Review Committee
Bankruptcy Code, 2016. The Code provides a (Chair: Mr. Injeti Srinivas) submitted its report
time-bound process for resolving insolvency in recommending amendments to the Competition
companies and among individuals. Key features Act, 2002. 26 The Act establishes the
of the Bill include: Competition Commission of India (CCI) to
promote competition, prevent anti-competitive
Initiation of resolution process: The Code practices and protect consumer rights. Key
states that a financial creditor may file an recommendations include:
application before the National Company
Law Tribunal (NCLT) for initiating the Governing body: The Committee
insolvency resolution process. The NCLT recommended that the Act be amended to
must find the existence of default within 14 provide for a governing body, to strengthen
days. Based on its finding, NCLT may the accountability of the CCI. The
accept or reject the application. The Bill governing body will consist of a
states that in case the NCLT does not find Chairperson, six whole time members, and
the existence of default and has not passed six part-time members. The governing body
an order within 14 days, it must record its will perform quasi-legislative functions,
reasons in writing. drive policy decisions, and perform a
supervisory role.
Time-limit for resolution process: The
Code states that the insolvency resolution Appellate Authority: The Committee
process must be completed within 180 days, noted that under the Act, appeals against
extendable by a period of up to 90 days. orders of the CCI are heard by the National
The Bill adds that the resolution process Company Law Appellate Tribunal.
must be completed within 330 days. This However, it noted that the Tribunal is
includes time for any extension granted and overburdened with cases. Therefore, it
the time taken in legal proceedings in recommended that a dedicated bench should
relation to the process. On the enactment of be created to hear appeals under the Act.
the Bill, if any case is pending for over 330 Settlements: The Committee noted that
days, it must be resolved within 90 days. certain jurisdictions like the European Union
Resolution plan: The Code provides that settle antitrust disputes. These remedies
the resolution plan must ensure that the may be in the form of settlements and
operational creditors receive an amount commitments. Settlements are generally
which should not be lesser than the amount available for cartels and require an
they would receive in case of liquidation. admission of guilt from the parties.
The Bill amends this to provide that the Commitments apply to all other cases and do
amounts to be paid to the operational not require any admission of guilt. The
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Monthly Policy Review – August 2019 PRS Legislative Research
Committee recommended that the Act be should be made deductible from the taxable
amended to empower CCI to allow income of the company.
settlements and commitments for certain
CSR impact studies: The Committee
types of anti-competitive agreements (like
recommended that companies having CSR
exclusive supply agreements) and for abuse
funds of over five crore rupees in the last
of dominance.
three financial years, should undertake
Green channel notifications: Under the impact assessment studies for their CSR
Act, combinations beyond a certain projects once in three years, and disclose the
threshold require the approval of CCI. The same in their board report.
Commission recommended a ‘green
CSR Audit: The Committee recommended
channel’ route for automatic approval of
bringing CSR within the ambit of statutory
CCI for specific merger and acquisition
financial audit, by requiring disclosure of
cases, where there are no major concerns of
CSR spending in the financial statements of
an appreciable adverse effect on
the company.
competition. This can include cases under
the Insolvency and Bankruptcy Code. Note Penalties for non-spending: The
that the green channel combination Committee made certain recommendations
notification amendment has been issued.27 to require companies to transfer unspent
CSR funds to a separate account and spend
Time limits for merger assessment: The
such funds within three to five years, failing
Combination regulations notified under the
which penalties may apply. Note that the
Act require the CCI to provide its
recently passed Companies Act, 2019,
preliminary opinion on whether the
incorporates these changes, and imposes
combination will have an appreciable
imprisonment in addition.
adverse effect on competition, within 30
days.
Ceiling on shares with differential voting
For a PRS Report summary, see here. rights increased
High Level Committee on CSR submits Under the Companies Act, 2013, private
companies could issue shares which had different
report
rights as to dividends/voting. These shares could
The High Level Committee on Corporate Social not exceed 26% of the total paid-up equity share
Responsibility (Chair: Injeti Srinivas) submitted capital of the company. These shares are called
its report.28 Under the Companies Act, 2013, shares with Differential Voting Rights (DVRs).
companies above a specified net worth, turnover The Ministry of Corporate Affairs has amended
or profits are required to spend 2% of their the rules notified under the Act to allow issuance
average net profits in the last three financial of shares with DVRs up to 74%.29
years, towards their CSR policy. The
Committee made several recommendations on
the current CSR framework, ranging from its
applicability to operational practices. Key Commerce and Industry
recommendations include:
Gayatri Mann (gayatri@prsindia.org)
Applicability of CSR: Currently, only
companies are required to comply with CSR The National Institute of Design
regulations. The Committee recommended (Amendment) Bill, 2019 passed by Rajya
that CSR obligations should be extended to Sabha
other forms of business enterprises such as
Limited Liability Partnerships and banks. The National Institute of Design (Amendment)
Bill, 2019 was passed by Rajya Sabha and is
CSR Committees: Under the Act, all CSR pending in Lok Sabha.30 The Bill seeks to
eligible companies are required to form CSR amend the National Institute of Design Act,
Committees. For operational ease, the 2014, which declares the National Institute of
Committee recommended that companies Design, Ahmedabad as an institution of national
with CSR funds of below 50 lakh rupees importance.
should be exempt from this requirement.
The Bill seeks to declare four National
Tax benefits for CSR activities: To Institutes of Design in Andhra Pradesh,
incentivise CSR spending, the Committee Madhya Pradesh, Assam, and Haryana as
recommended that all CSR expenditure institutions of national importance.
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Monthly Policy Review – August 2019 PRS Legislative Research
Currently, these institutes are registered as and streaming of news and current affairs
Societies under the Societies Registration through digital media.
Act, 1860 and do not have the power to
grant degrees or diplomas. On being
declared institutions of national importance,
the four institutes will be granted the power Defence
to grant degrees and diplomas.
Anurag Vaishnav (anurag@prsindia.org)
For a PRS summary of the Bill, see here.
Government approves setting up
Cabinet approves proposal to review FDI Committee to review Defence
policy in various sectors Procurement Procedure
The Union Cabinet approved certain The Ministry of Defence has approved setting up
amendments to the Foreign Direct Investment a Committee to review the Defence Procurement
(FDI) policy across various sectors.31 Key Procedure (DPP), 2016 and Defence
changes to the policy include: Procurement Manual (DPM), 2009.32 The
Coal mining: At present, 100% FDI under objective of the Committee is to revise and align
automatic route is allowed for: (i) coal and the procedures to ensure efficient procurement
lignite mining for captive consumption by process for defence equipment and strengthen the
power, cement, and iron and steel plants, ‘Make in India’ initiative. The terms and
and (ii) coal processing (though not allowed reference of the Committee include:
to sell coal in open market). The Cabinet Revising the procedures in DPP 2016 and
allowed 100% FDI under automatic route DPM 2009 to remove procedural bottlenecks
for sale of coal, commercial coal mining, and hasten defence acquisition.
and associated processing activities such as
coal washing, crushing, and handling. Aligning and standardising the provisions in
DPP 2016 and DPM 2009 to optimise life
Contract manufacturing: The current cycle support for equipment.
policy allows 100% FDI under automatic
route in the manufacturing sector. In India, Simplifying policy and procedures to
manufacturing activities can be conducted facilitate greater participation of domestic
either by the investee entity or through industry.
contract manufacturing. However, there is Examining and incorporating new concepts
no specific provision for contract such as life cycle costing, performance
manufacturing in FDI policy. In this based logistics, and lease contracting.
context, 100% FDI under automatic route
will be allowed for contract manufacturing. Including provisions to support the ‘Make in
India’ initiative and promote Indian start-
Single brand retail trading: Currently, ups.
single brand retailers with over 51% FDI
have to locally source 30% of the value of The Committee is required to submit its report
goods sold. The amendments allow for all in six months.
procurements made from India to be counted
towards local sourcing, irrespective of Government extends child care leave
whether the goods are sold in India or benefits to single male service personnel
exported. Further, the present policy
requires all single brand retailers to operate The Ministry of Defence has approved extending
through brick and mortar stores before benefits of child care leave to single male service
starting trading through e-commerce. This personnel.33 Presently, such leave is granted
has been amended to allow for online retail only to woman officers in defence forces.
trading before the opening of brick and An age limit of 22 years was prescribed for
mortar stores. However, the retailers will be availing child care leave in case of a child with
required to open stores within two years of 40% disability. This restriction has now been
start of their online operations. removed. Further, the minimum period for
Digital media: Currently, 49% FDI through which child care leave can be availed at a time
the approval route is allowed in up- linking has been reduced from 15 days to five days.
of TV channels broadcasting news and
current affairs. The amendments permit
26% FDI under approval route for uploading
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Monthly Policy Review – August 2019 PRS Legislative Research
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Monthly Policy Review – August 2019 PRS Legislative Research
maintain a level playing field, (ii) adopt any professional standards for all alternate
unfair or deceptive practices that may dispute redressal matters, and (iii)
influence decisions of consumers, and (iii) maintaining a depository of arbitral awards
falsely represent themselves as consumers (judgments) made in India and abroad.
and post reviews, or misrepresent the quality
Appointment of arbitrators: Under the
or features of goods and services.
1996 Act, parties were free to appoint
Other liabilities of e-commerce entities arbitrators. In case of disagreement on an
include: (i) displaying terms of contract appointment, parties could request the
between them and the sellers, (ii) ensuring Supreme Court, or the High Court, or any
advertisements of goods and services are person or institution designated by such
consistent with the actual characteristics, Court, to appoint an arbitrator.
and (iii) ensuring personally identifiable
Under the Bill, the Supreme Court and High
information of customers is protected and its
Courts may now designate arbitral
usage complies with the legal provisions.
institutions, which parties can approach for
Liabilities of sellers: Liabilities of sellers the appointment of arbitrators. For
(who advertise or sell on e-commerce international commercial arbitration,
platforms) include: (i) displaying all the appointments will be made by the institution
charges associated with sale of products, designated by the Supreme Court. For
such as delivery charges and taxes, (ii) domestic arbitration, appointments will be
stating upfront the policies regarding made by the institution designated by the
shipping, exchange, return, refund, and concerned High Court. In case there are no
warranty, and (iii) complying with statutory arbitral institutions available, the Chief
provisions for display and sale of products. Justice of the concerned High Court may
maintain a panel of arbitrators to perform the
Grievance redressal: E-commerce entities
functions of the arbitral institutions.
are required to: (i) publish details of the
grievance redressal process and grievance Relaxation of time limits: Under the Act,
officer on website, (ii) provide facilities for arbitral tribunals are required to make their
filing complaints through phone, email, and award within a period of 12 months for all
website, (iii) redress complaints within one arbitration proceedings. The Bill seeks to
month, and (iv) facilitate convergence of the remove this time restriction for international
process with grievance redressal process of commercial arbitrations. It adds that
government (National Consumer Helpline). tribunals must try to dispose of international
arbitration matters within 12 months.
Comments are invited on the draft guidelines till
September 16, 2019. For a PRS Bill summary, see here.
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Monthly Policy Review – August 2019 PRS Legislative Research
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Monthly Policy Review – August 2019 PRS Legislative Research
Repealing certain laws in whole: The Bill surveillance centres, and sex reassignment
repeals 58 laws that have been listed in the surgeries. The government shall review
First Schedule of the Bill. These include 12 medical curriculum to address health issues
Acts which are principal Acts and 46 Acts of transgender persons, and provide
which are Amendment Acts. The principal comprehensive medical insurance schemes
Acts which have been repealed include: (i) for them.
the Beedi Workers Welfare Fund Act, 1976,
Certificate of identity: A transgender
and (ii) the Municipal Taxation Act, 1881.
person may make an application to the
Note that the repeal of Amendment Acts
District Magistrate for a certificate of
does not have a material significance since
identity, indicating the gender as
these Amendment Acts have already been
‘transgender’. A revised certificate may be
incorporated in the principal Acts.
obtained only if the individual undergoes
Amendment of certain laws: The Bill surgery to change their gender either as a
makes minor amendments to two Acts male or a female.
which relate to substitution of certain words.
For more details on the Bill, see here.
The two Acts are: (i) the Income Tax Act,
1961, and (ii) the India Institutes of
Management Act, 2017. Appellate Authority under NDMC Act
constituted
For a PRS Bill summary, see here.
Roshni Sinha (roshni@prsindia.org)
Transgender (Protection of Rights) Bill,
The central government has constituted the
2019 passed by Lok Sabha Appellate Tribunal for deciding appeals under
Roshni Sinha (roshni@prsindia.org) the New Delhi Municipal Act, 1994.43 The Act
establishes and governs the New Delhi
The Transgender Persons (Protection of Rights) Municipal Council.44 Under the Act, the Council
Bill, 2019 was passed by Lok Sabha and is may pass orders on various matters, including
pending in Rajya Sabha.42 Key features of the sanction of lay out plans, or stoppage or erection
Bill include: of works. Certain decisions of the Council (such
as, decisions on cancellation of sanction, or
Definition of a transgender person: The
demolition of buildings) can be appealed before
Bill defines a transgender person as one
the Appellate Authority.
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 Labour
hijra. Intersex variations is defined to mean
a person who at birth shows variation in his The Code on Wages, 2019 passed by
or her primary sexual characteristics, Parliament
external genitalia, chromosomes, or
Gayatri Mann (gayatri@prsindia.org)
hormones from the normative standard of
male or female body.
The Code on Wages, 2019 was passed by
Prohibition against discrimination: The Parliament.45 It seeks to regulate wage and
Bill prohibits the discrimination against a bonus payments in all employments where any
transgender person, including denial of industry, trade, business, or manufacture is
service or unfair treatment in relation to: (i) carried out. The Code replaces the following
education; (ii) employment; (iii) healthcare; four laws: (i) the Payment of Wages Act, 1936,
(iv) access to, or enjoyment of goods, (ii) the Minimum Wages Act, 1948, (iii) the
facilities, opportunities available to the Payment of Bonus Act, 1965, and (iv) the Equal
public; (v) right to movement; (vi) right to Remuneration Act, 1976.
reside, rent, or otherwise occupy property;
Coverage: The Code will apply to all
(vii) opportunity to hold public or private
employees. The central government will
office; and (viii) access to a government or
make wage-related decisions for
private establishment in whose care or
employments such as railways, mines, and
custody a transgender person is.
oil fields, among others. The state
Health care: The government must take governments will make decisions for all
steps to provide health facilities to other employments.
transgender persons including separate HIV
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Floor wage: According to the Code, the within the wage exceeds 50% of all
central government will fix a floor wage, remuneration made by the employer, it will
taking into account living standards of be included in the wages.
workers. Further, it may set different floor
Currently, the Act does not provide for a
wages for different geographical areas.
limitation for initiation of inquiries in to the
Fixing the minimum wage: The Code applicability of the Act to an establishment
prohibits employers from paying wages less and to determine the amount due from any
than the minimum wages. Minimum wages employer under the Act. The Bill
will be notified by the central or state introduces a limitation period of 5 years to
governments. This will be based on time, or initiate an inquiry. Further, it suggests a
number of pieces produced. The minimum time period of two years within which an
wages will be revised and reviewed by the inquiry must be concluded.
central or state governments at an interval of
The Bill proposes the increase of certain
not more than five years. While fixing
fines by ten times. For example, the fine
minimum wages, the central or state
for repeat offences is currently Rs 25,000.
governments may take into account factors
The Bill proposes to increase this to 2.5
such as: (i) skill of workers, and (ii)
lakh rupees. Further, the Bill suggests that
difficulty of work.
offences should be made compoundable,
Advisory boards: The central and state including offences by companies.
governments will constitute advisory boards.
Currently, the employee and employer
The Boards will advise the respective
contribution to the Employees’ Provident
governments on various issues including: (i)
Fund is 10%. The Bill changes the rate of
fixation of minimum wages, and (ii)
contribution from 10% to 12%. Further, the
increasing employment opportunities for
appropriate government may prescribe
women.
different rates of contribution for a specific
For more details on the Bill, see here. time period and class of employee earning
below a certain threshold of monthly
Draft Employees' Provident Funds & income. No change in the employers’
Miscellaneous Provisions (Amendment) contribution has been proposed.
Bill, 2019 released The Bill proposes that an Employees’
Anya Bharat Ram (anya@prsindia.org) Provident Fund (EPF) subscriber may opt
for the National Pension System (NPS) in
The Ministry of Labour and Employment lieu of benefits under the Act. NPS refers
released a draft of the Employees' Provident to a voluntary contributory pension scheme
Funds & Miscellaneous Provisions regulated by the Pension Fund Regulatory
(Amendment) Bill, 2019. 46 The Bill amends the and Development Authority. Further, the
Employees' Provident Funds & Miscellaneous Bill proposes that an NPS subscriber may
Provisions Act, 1952. The Act provides for a opt to return to EPF at any time.
pension fund for employees in factories and The Bill amends the Act to allow for a grant
other establishments. Key amendments include: of exemption to establishments which apply
The Bill proposes to change the definition for an exemption and meet the criteria
of ‘basic wages’ in the Act to conform with prescribed by the appropriate authority.
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) Health and Family Welfare
dearness allowance, and (iii) presents made
Gayatri Mann (gayatri@prsindia.org)
by the employer. The Bill changes the
definition of wages to include basic pay,
dearness allowance, and retaining
The National Medical Commission Bill,
allowance. However, it does not include; (i) 2019 passed by Parliament
bonuses, (ii) housing, (iii) pension The National Medical Commission Bill, 2019
contributions made by the employer, (iv) was passed by Parliament.47 The Bill repeals the
conveyance allowance, (v) overtime Indian Medical Council Act, 1956 and provides
allowance, and (vi) commission, amongst for a medical education system which ensures:
others. The Bill adds the stipulation that if (i) availability of adequate and high quality
the total amount of payments not included medical professionals, (ii) adoption of the latest
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Monthly Policy Review – August 2019 PRS Legislative Research
medical research by medical professionals, (iii) Regulation of surrogacy: The Bill prohibits
periodic assessment of medical institutions, and commercial surrogacy, but allows altruistic
(iv) an effective grievance redressal mechanism. surrogacy. Altruistic surrogacy involves no
Key features of the Bill include: monetary compensation to the surrogate
mother other than the medical expenses and
Constitution of the National Medical
insurance coverage. Commercial surrogacy
Commission: The Bill sets up the National
includes surrogacy or its related procedures
Medical Commission (NMC). Within three
undertaken for a monetary benefit or reward
years of the passage of the Bill, state
(in cash or kind) exceeding the basic
governments will establish State Medical
medical expenses and insurance coverage.
Councils at the state level. The NMC will
consist of 33 members, appointed by the Eligibility criteria for intending couple:
central government. The intending couple should have a
‘certificate of essentiality’ and a ‘certificate
Members of the NMC will include: (i) the
of eligibility’ issued by the appropriate
Chairperson (must be a medical
authority. A certificate of essentiality will
practitioner), (ii) Presidents of the Under-
be issued upon fulfilment of these
Graduate and Post-Graduate Medical
conditions: (i) a medical certificate of
Education Boards, (iii) the Director General
proven infertility of one or both members of
of Health Services, Directorate General of
the intending couple, (ii) an order of
Health Services, (iv) the Director General,
parentage and custody of the surrogate child
Indian Council of Medical Research, and (v)
passed by a Magistrate’s court, and (iii)
nine members (part-time) to be elected by
insurance coverage for a period of 16
registered medical practitioners from
months covering postpartum delivery
amongst themselves for two years.
complications for the surrogate.
Functions of the National Medical
The certificate of eligibility to the intending
Commission: Functions of the NMC
couple is issued upon fulfilment of the
include: (i) framing policies for regulating
following conditions: (i) the couple being
medical institutions and medical
Indian citizens and married for at least five
professionals, (ii) assessing the requirements
years; (ii) between 23 to 50 years old (wife)
of healthcare related human resources and
and 26 to 55 years old (husband); (iii) they
infrastructure, (iii) ensuring compliance by
do not have any surviving child (biological,
the State Medical Councils of the
adopted or surrogate); including a child who
regulations made under the Bill, (iv) framing
is mentally or physically challenged or
guidelines for determination of fees for up to
suffers from life threatening disorder or fatal
50% of the seats in the private medical
illness; and (iv) other conditions that may be
institutions and deemed universities which
specified by regulations.
are regulated as per the Bill.
Eligibility criteria for surrogate mother:
Autonomous boards: The Bill sets up four
To obtain a certificate of eligibility, the
autonomous boards under the supervision of
surrogate mother has to be: (i) a close
the NMC. Each board will consist of a
relative of the intending couple; (ii) a
President and four members, appointed by
married woman having a child of her own;
the central government. These boards
(iii) 25 to 35 years old; (iv) a surrogate only
include: (i) the Under-Graduate Medical
once in her lifetime; and (v) possess a
Education Board and the Post-Graduate
certificate of medical and psychological
Medical Education Board, (ii) the Medical
fitness for surrogacy. In addition, the
Assessment and Rating Board, and (iii) the
surrogate mother cannot provide her own
Ethics and Medical Registration Board.
gametes for surrogacy.
For a PRS summary of the Bill, see here.
For a PRS Bill Summary, please see here.
The Surrogacy (Regulation) Bill, 2019 Cabinet approves setting up of 75 new
passed by Lok Sabha medical colleges
The Surrogacy (Regulation) Bill, 2019 was
The Union Cabinet approved setting up of 75
passed by Lok Sabha and is pending in Rajya
new government medical colleges by 2021-22.49
Sabha.48 The Bill defines surrogacy as a practice
These medical colleges will be attached with
where a woman gives birth to a child for an
existing district hospitals with a minimum of 200
intending couple and agrees to hand over the
beds. For the purpose of this expansion, an
child to them after the birth. Key features of the
amount of Rs 24,375 crore has been approved.
Bill include:
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Monthly Policy Review – August 2019 PRS Legislative Research
Previously, the government had approved the Road Safety Board: The Bill provides for
establishment of 82 new medical colleges in two a National Road Safety Board, to be created
phases. Of these, 39 colleges have already by the central government through a
started functioning. 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,
Road Transport and Highways (ii) registration and licensing of vehicles,
(iii) standards for road safety, and (iv)
Prachee Mishra (prachee@prsindia.org) promotion of new vehicle technology.
Motor Vehicles (Amendment) Bill, 2019 For a PRS summary and analysis of the Bill, see
passed by Parliament here.
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Monthly Policy Review – August 2019 PRS Legislative Research
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Monthly Policy Review – August 2019 PRS Legislative Research
Tribunal: The central government will set as the SDSO in cases where a dam: (i) is
up an Inter-State River Water Disputes owned by one state but situated in another
Tribunal, for the adjudication of water state, (ii) extends over multiple states, or (iii)
disputes. This Tribunal can have multiple is owned by a central public sector
benches. All existing Tribunals will be undertaking. Functions of the SDSOs
dissolved, and the water disputes pending include: (i) monitoring the operation and
adjudication before such existing Tribunals maintenance of dams, (ii) keeping a database
will be transferred to the new Tribunal. of dams, and (iii) recommending safety
measures to dam owners.
Composition of the Tribunal: The
Tribunal will consist of a Chairperson, Vice- State Committee on Dam Safety: The Bill
Chairperson, three judicial members, and provides for the constitution of State
three expert members. They will be Committees on Dam Safety by the state
appointed by the central government on the governments. Their functions include: (i)
recommendation of a Selection Committee. reviewing the work of the SDSO, (ii)
Each Tribunal Bench will consist of a ordering dam safety investigations, and (iii)
Chairperson or Vice-Chairperson, a judicial assessing the potential impact of dams on
member, and an expert member. upstream and downstream states.
For a summary of the Bill, see here. Obligations of dam owners: The Bill
requires the owners of specified dams to
The Dam Safety Bill, 2019 passed by Lok provide a dam safety unit in each dam. This
Sabha unit will inspect the dams: (i) before and
after the monsoon session, and (ii) during
Prachee Mishra (prachee@prsindia.org) and after every earthquake, flood, or any
other calamity or sign of distress.
The Dam Safety Bill, 2019 was passed by Lok
Sabha and is pending in Rajya Sabha.54 The Bill For a summary of the Bill, see here.
provides for the surveillance, inspection,
operation, and maintenance of specified dams NITI Aayog released the Composite
across the country. It also provides for an Water Management Index 2019
institutional mechanism to ensure the safety of
Prachi Kaur (prachi@prsindia.org)
such dams. Key features of the Bill include:
Applicability of the Bill: The Bill applies NITI Aayog has developed the second edition of
to all specified dams in the country. These the Composite Water Management Index to
are dams with: (i) height more than 15 m, or report the performance of states on key water
(ii) height between 10 to 15 m and subject to management components.55 In its report, it has
certain design and structural conditions. noted that currently, about 82 crore Indians face
water scarcity and about two lakh people die
National Committee on Dam Safety: The
every year due to inadequate access to safe
Bill provides for the constitution of a
water. In addition, by 2030, the country’s water
National Committee on Dam Safety. Its
demand is projected to be twice the available
functions include: (i) formulating policies
supply, implying severe water scarcity and an
and regulations on dam safety standards, and
eventual loss of 6% to the country’s GDP.
(ii) analysing causes of dam failures.
Through the Composite Water Management
National Dam Safety Authority: The Bill
Index, NITI Aayog has: (i) identified states that
provides for a National Dam Safety
are high or under-performers, and (ii) recognised
Authority. Functions of the Authority
areas that need deeper investment and
include: (i) implementing the policies
engagement. The index aims to increase
formulated by the National Committee on
competitiveness among states for water use and
Dam Safety, and (ii) resolving issues
conservation and develop a national data
between State Dam Safety Organisations
management platform for water. Key findings of
(SDSOs), or between a SDSO and any dam
the report include:
owner in that state.
Food security: The population of India will
State Dam Safety Organisation (SDSO):
be more than 1.5 billion people by 2030.
State governments will establish State Dam
Achieving food security for this rising
Safety Organisations (SDSOs). All
population becomes more difficult with
specified dams in a state will fall under the
water scarcity. Many staple crops are being
jurisdiction of that state’s SDSO. However,
affected by water related issues. For
the National Dam Safety Authority will act
example, about 74% of the area under wheat
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Monthly Policy Review – August 2019 PRS Legislative Research
cultivation and 65% of the area under rice students, fixing fees, and recruiting foreign
cultivation faces significant water scarcity. faculty, among others. Further, each public
higher educational institution will get financial
Urban sustainability: Five of the world’s
assistance of up to Rs 1,000 crore for a period of
20 largest cities under water stress are in
five years.
India. As of 2014, no Indian city supplied
24x7 water to its entire urban population, Note that, of the 20 institutions recommended by
and only 35% of urban households in India UGC, six institutions have already been declared
had piped water. as Institutions of Eminence in July 2018.59
Economic risks: Estimates suggest that
industrial water requirement will increase
fourfold between 2005 and 2030. Water
shortages can hamper industrial operations, Agriculture
which account for 30% of the national GDP. Suyash Tiwari (suyash@prsindia.org)
Biodiversity risks: The biodiversity of
India is impacted by human activities Cabinet approves export subsidy for
undertaken to create additional water sugar for the 2019-20 season
sources. These activities include dam The Union Cabinet approved an export subsidy
construction and river diversion which can of Rs 10,448 per metric tonne (MT) for sugar for
lead to changes in water flow, salinity levels, the 2019-20 season.60 The export subsidy will
and monsoon patterns. cover costs incurred by sugar mills in marketing,
Overall state performance: In the last including handling, upgrading, and processing,
three years, about 80% of the states have and transport. The subsidy has been approved
shown improvement in water management for export of up to 60 lakh MT of sugar. This
parameters such as groundwater source has been done with the aim of reducing the
augmentation and water data reporting. surplus stock of sugar, which is estimated to be
However, 16 states (such as Jharkhand, 162 lakh MT at the end of the 2019-20 season
Bihar, Uttar Pradesh, Odisha and Rajasthan) (starting with an opening stock of 142 lakh MT).
scored less than 50% of total achievable The subsidy amount payable to mills will be
score. These states account for about 48% given directly to sugarcane farmers, and will be
of the population, 40% of agricultural settled against the sugarcane dues that they owe
produce, and 35% of economic output of to farmers. Subsequent balance, if any, will be
India. provided to the mills.
An expenditure of Rs 6,268 crore has been
approved for providing the subsidy.
Education
Fourth advance estimates of production
Gayatri Mann (gayatri@prsindia.org)
of major crops for 2018-19 released
UGC recommends 20 institutions for the The Ministry of Agriculture and Farmers’
status of Institutes of Eminence Welfare released the fourth advance estimates of
production of major foodgrains and commercial
The University Grants Commission (UGC) crops for the year 2018-19.61 Table 3 gives a
recently recommended 20 higher educational comparison of the fourth advance estimates for
institutions for the status of ‘Institutions of 2018-19 with the final estimates for 2017-18.
Eminence’.56 Of these 20 institutions, 10 are in Following are some of the highlights:
the public sector and the remaining are in the
private sector. These institutions were selected Foodgrain production in 2018-19 is
on the basis of recommendations of the estimated to remain at a similar level as
Empowered Expert Committee (Chair: Mr. N. compared to the final estimates for 2017-18.
Gopalaswami).57 Within foodgrains, while the production of
cereals is estimated to marginally increase
In February 2018, the UGC constituted an by 0.8% in 2018-19, the production of
Empowered Expert Committee to enable 10 pulses is estimated to decrease by 7.9%.
public and 10 private higher educational
institutions to emerge as world-class teaching Rice and wheat production in 2018-19 are
and research institutions i.e., as Institutions of estimated to increase by 3.2% and 2.3%,
Eminence.58 These institutions would be respectively as compared to the final
allowed greater autonomy in admitting foreign
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Monthly Policy Review – August 2019 PRS Legislative Research
estimates for 2017-18. Production of coarse produce purchased by these buyers will continue
cereals is estimated to decrease by 8.6%. to be subject to maximum limits as specified
under the respective state Acts.
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%. Energy
The production of cotton is estimated to fall Saket Surya (saket@prsindia.org)
by 12.5% in 2018-19. The production of
sugarcane is estimated to increase by 5.3% Certain recommendations of the High-
to 400.2 million tonnes in 2018-19. Level Empowered Committee on stressed
thermal power projects implemented
Table 3: Fourth advance estimates of
production for 2018-19 (in million tonnes) The Ministry of Power had constituted a High-
4th advance % change Level Empowered Committee to resolve issues
Final
Crop estimates over related to stressed thermal power assets in July
2017-18
2018-19 2017-18 2018.63 The Union Cabinet approved some of
Foodgrains the Committee’s recommendations in March
285.0 285.0 0.0%
(A+B) 2019. The Ministry has released implementation
A. Cereals 259.6 261.6 0.8% details of some of these recommendations.
Rice 112.8 116.4 3.2%
Debt servicing of stressed thermal projects
Wheat 99.9 102.2 2.3%
Coarse The Ministry has approved a mechanism to
47.0 43.0 -8.6% ensure that the debt of stressed thermal power
Cereals
B. Pulses 25.4 23.4 -7.9% projects is serviced on priority.64 This will apply
to projects using coal linkages under the
Tur 4.3 3.6 -16.3%
SHAKTI policy. The SHAKTI policy provides
Gram 11.4 10.1 -11.0% for the allocation of coal linkages for the power
Oilseeds 31.5 32.3 2.5% sector in a transparent manner. The Committee
Soyabean 10.9 13.8 26.1% had suggested that the net surplus generated by
the developer of the stressed power project, after
Groundnut 9.3 6.7 -27.6%
meeting operating expenses, must be used for
Cotton* 32.8 28.7 -12.5% servicing debt.
Sugarcane 379.9 400.2 5.3%
As per the mechanism, all the revenues of the
*million bales of 170 kg each.
Sources: Directorate of Economics and Statistics, Ministry
project will be deposited into a Trust and
of Agriculture and Farmers’ Welfare; PRS. Retention Account (TRA). A cash flow
monitoring agency will be appointed by lenders
Contract farming exempted from limits to verify actual cash flow and costs of the
under the Essential Commodities Act project. The priority order for expenditure from
TRA will be as follows: (i) statutory payments
The Department of Consumer Affairs has including taxes and duties owed to the
exempted agricultural produce purchased under government, (ii) fuel cost, (iii) transmission cost,
contract farming from certain stock restrictions (iv) operation and maintenance expenses, (v)
specified under the Essential Commodities Act, interest payment to lenders, and (vi) principal
1955.62 The Essential Commodities Act, 1955 payment to lenders.
provides for the control of production, supply,
distribution, and trade of certain commodities, Auction of coal linkage for short-term
such as certain food items, seeds, and drugs. The Ministry has released a draft methodology
Under contract farming, production is carried out for auction of coal linkages under the SHAKTI
on the basis of a pre-harvest agreement between policy for the short term.65 The objective of
buyers and producers. Post-harvest, the auctioning short term linkages is to cater to the
producers sell the produce to the buyers as per dynamic requirements and demand variation in
the terms and conditions of the agreement. The short-term and day-ahead markets.
Department has granted exemption to contract The power plants which do not have a power
farming produce from stock limit provisions purchase agreement (PPA) will be eligible to
specified under any order made under the Act. participate in the auction. The duration of
The exemption is applicable to buyers who are linkage will be a minimum of three months and a
registered under any of the respective state Acts maximum of one year. This auction will be
pertaining to contract farming. However, the carried out at frequent intervals (at least twice a
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Monthly Policy Review – August 2019 PRS Legislative Research
year). The power generated under these coal Programme.68 The objective of the phase-II of
linkages will have to be sold in: (i) the day-ahead the programme is to add a capacity of 38,000
market and intraday market through power MW through rooftop solar by 2022. Table 4 Out
exchanges, and (ii) short term through a of this, a capacity of 4,000 MW is to be added in
transparent bidding process using Discovery of the residential sector with central financial
Efficient Energy Price (DEEP) portal. The assistance. The rest 34,000 MW will be added
DEEP portal is an e-bidding and e-reverse through other sectors including social,
auction portal for procurement of short term government, educational, PSUs and industries.
supply of power by distribution companies. In the case of sectors other than residential,
central financial assistance will not be provided.
Framework for a real-time market for The residential sector will be provided central
electricity proposed financial assistance as described in Table 4.
The Central Electricity Regulatory Commission Table 4: Central financial assistance for
(CERC) has proposed a framework for a real- rooftop solar deployment in residential sector
time market for the trading of electricity.66 Type of Residential Central Financial
Comments are invited on the draft regulation till Sector Assistance
September 5, 2019. Maximum up to 3 kW
40% of the applicable cost*
Currently, most of the power procurement is capacity
done through long term contracts of duration up Between 3kW and 10kW 40% up to 3kW and 20% up
to 25 years.67 Remaining procurement is through capacity to 10 kW
medium-term (up to five years) or short term Group Housing
contracts (day-ahead markets). CERC has also Societies/Residential
Welfare Associations for 20%
developed certain mechanisms to address any
common facilities up to 500
additional intra-day requirements and system kWp (@10 kWp per house)
imbalances. Power exchanges operate intra-day Sources: Official Memorandum, Ministry of New and
energy market based on continuous trade.67 Renewable Energy; PRS.
Note: *Applicable Cost: For a given state/UT, lower of the
Key features of the proposed market include: benchmark cost of MNRE or lowest of the costs discovered
under tenders.
The real-time market will be a half-hourly
market. Buyers and sellers will have the The distribution companies will act as the
option of buying/selling bids for each 15- implementing agency for the programme. They
minute time block in the half-hourly market. will be eligible for incentives based on the
specified criteria.
Price discovery will be through a double-
sided closed auction with a uniform price.
In a double-sided auction, the trade proceeds Ocean energy declared as a renewable
at the price where a seller’s asking price and energy
a buyer’s price match. Closed bid auction is Ocean energy including tidal energy, wave
one where a market participant is not aware energy, ocean thermal energy conversion and
of the bids of other participants during the marine current energy have been recognised as
auction process. A uniform price auction is renewable energy.69 Accordingly, the energy
a multi-unit auction in which a fixed number produced using various forms of ocean energy
of identical units of a homogenous will be eligible for meeting the non-solar
commodity are sold for the same price. A Renewable Purchase Obligations (RPO). RPO
bid involves designating both the number of refers to the obligation of certain entities who
units desired and the price one is willing to have to meet a part of their energy consumption
pay per unit. by using energy from renewable sources.
The concept of gate closure will be The total identified potential of tidal energy is
applicable to the auction. This implies that about 12,455 MW. The total potential of wave
no change in a bid will be allowed after a energy and ocean thermal energy conversion is
scheduled point of time. 40,000 MW and 1,80,000 MW respectively.
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Monthly Policy Review – August 2019 PRS Legislative Research
deployment. It seeks to incentivise rooftop solar Hindustan Copper Limited (HCL) and Mineral
deployment by creating healthy competition Exploration Corporation Limited (MECL).75
among the states. SARAL will evaluate the
The objective of KABIL is to ensure a consistent
following aspects of the development of rooftop
supply of strategic minerals to the domestic
solar in the state: (i) robustness of policy
market and work toward the overall objective of
framework, (ii) implementation environment,
import substitution. Strategic minerals are those
(iii) investment climate, (iv) consumer
which are critical to the economy and defence of
experience, and (v) business ecosystem.
a country but are not available in that country in
In the rankings announced this month, Karnataka commercially viable quantities. India has
has achieved the first rank. Telangana, Gujarat identified 12 such minerals including lithium,
and Andhra Pradesh have achieved 2nd, 3rd and cobalt, tin, tungsten and selenium. 76
4th rank respectively.
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
Mining
The minerals will be sourced in following ways:
Saket Surya (saket@prsindia.org) (i) creation of trading opportunities, (ii)
government-to-government collaborations with
Criteria for suspension of mining the producing countries, and (iii) strategic
operations on the ground of sustainable acquisitions or investments in the exploration of
mining practices relaxed mining assets in the source countries.75
The Mineral Conservation and Development
Rules, 2017 mandates mining lease holders to
undertake sustainable mining practices.71
Sustainable mining refers to the development of Steel
minerals and energy resources, onshore and Saket Surya (saket@prsindia.org)
offshore, in a way that maximises the economic
and social benefits while minimising the Draft Safety Code for iron and steel
environmental impacts of mining. sector published by the Ministry of Steel
To adopt sustainable mining practices, the The Ministry of Steel has published a Draft
Ministry of Mines has prescribed a Sustainable Safety Code for the iron and steel sector.77 The
Development Framework for mining lease objective of the safety code is to develop a
holders.72 The Indian Bureau of Mines (IBM) common safety standard across the sector. It
awards a rating from one to five stars to leased aims to provide a basic framework to facilitate
mines for their efforts towards the improved management of occupational safety
implementation of this framework every year.73 issues at the workplace.
As per the 2017 Rules, mining operations can be
suspended by IBM in those mines which have The safety code covers various aspects of
not received at least four-star rating within two operations in the sector including the following:
years of commencement of mining operations.71
(i) fire safety,
The Ministry of Mines has amended these 2017
(ii) electrical safety,
Rules to reduce the minimum rating requirement
from four-star to three-star.74 The period for (iii) handling of materials and equipment,
achieving the required rating has been revised to
(iv) cutting and welding processes, and
four years from the date of commencement, or
four years from Feb 27, 2017, as applicable. (v) difficult working conditions including
working at height, working in confined
A joint venture of NALCO, HCL and spaces or during excavation.
MECL to be set up for mining activities The safety code will be applicable to the
overseas for strategic minerals following types of entities:
The Ministry of Mines has set up a joint venture (i) Integrated steel plants: Plants having all
(JV) namely Khanij Bidesh India Limited range of activities from receiving raw
(KABIL) with the participation of three central material to dispatch of a finished product,
public sector enterprises. These are National including auxiliary facilities like a power
Aluminium Company Limited (NALCO), plant and oxygen plant;
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Monthly Policy Review – August 2019 PRS Legislative Research
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Monthly Policy Review – August 2019 PRS Legislative Research
called bouquet. The DPOs are the broadcasting Information Technology and ATOS, a French IT
and cable services distributors. The DPOs may company.82
offer the channels to consumers for subscription
in the form of : (i) a-la-carte channel, (ii) Minister of External Affairs visits China
broadcaster’s bouquet and, (iii) DPO’s own
customised bouquet comprising of channels from The Minister of External Affairs, Mr.
one or more broadcasters.80 Subrahmanyam Jaishankar, visited China. The
countries signed five agreements in various areas
The aim of the framework is to provide including: (i) cooperation in bilateral relations,
flexibility and freedom to consumers in choosing (ii) general administration of sports, and (iii)
channels.80 However, heavy discounts offered traditional medicine.83
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, Environment
and (iii) non-level playing field for other
broadcasters.80 Prachee Mishra (prachee@prsindia.org)
1 7
Parliament session wrap, August 7, 2019, The Jammu and Kashmir Reorganisation Bill, 2019,
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2
‘Press Note on Estimates of Gross Domestic Product for the d%20Kashmir%20Reorganisation%20Bill%2C%202019.pdf.
First Quarter (April-June) 2019-20’, Ministry of Statistics 8
Citizenship (Registration of Citizenship and National
and Programme Implementation, August 30, 2019, Identity Card) Rules, 2003,
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ESS_NOTE-Q1_2019-20-30.8.19.pdf. 9
G.S.R. 586(E), Gazette of India, Ministry of Home Affairs,
3
“Third Bi-Monthly Policy Statement 2019-20”, Press August 21, 2019,
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"Publication of Final NRC on 31st August, 2019", Office
?prid=47941. of the State Coordinator, NRC, August 31,
4
“Quick Estimates of Index of Industrial Production and Use 2019, http://www.nrcassam.nic.in/pdf/English%20-
Based Index for the Month of June, 2019 (Base 2011- Press%20Brief%2031st%20August%202019.pdf).
12=100)”, Press Release, Ministry of Statistics and 11
‘RBI constitutes Expert Committee on Economic Capital
Programme Implementation, August 9, 2019, Framework’, Press Releases, Reserve Bank of India,
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s%20Note%20June%2719.pdf. https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx
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2019, http://egazette.nic.in/WriteReadData/2019/210243.pdf. 12
‘Reserve Bank releases the report of the Expert Committee
6
Bulletin-I, Rajya Sabha, August 5, 2019, to Review the Extant Economic Capital Framework of the
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df, Bulletin-II, Lok Sabha, August 6, 2019, 2019,
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Monthly Policy Review – August 2019 PRS Legislative Research
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82019.pdf.
13
‘Merger of Public Sector Banks’, Department of Financial 30
Services, Ministry of Finance, August 30, 2019. The National Institute of Design (Amendment) Bill, 2019,
14 Ministry of Commerce and Industry,
The Chit Funds (Amendment) Bill, 2019,
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0Bill%2C%202019.pdf.
Funds%20%28Amendment%29%20Bill%2C%202019.pdf. 31
‘Cabinet approves proposal for review of FDI policy in
15
‘Task Force on Offshore Rupee Markets submits report to
various sectors’, Press Information Bureau, Cabinet, August
the Governor’, Press Releases, Reserve Bank of India,
28, 2019.
August 8, 2019,
https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx
32
‘Raksha Mantri Shri Rajnath Singh approves a Committee
?prid=47839. to review Defence Procurement Procedure to strengthen
Make in India’, Press Information Bureau, Ministry of
16
‘Report of the Task Force on Offshore Rupee Markets’,
Defence, August 17, 2019.
Reports, Reserve Bank of India, August 8, 2019,
https://www.rbi.org.in/Scripts/PublicationReportDetails.aspx
33
‘Raksha Mantri Shri Rajnath Singh approves extension of
?UrlPage=&ID=937. benefits of Child Care Leave to single male service
personnel’, Press Information Bureau, Ministry of Defence,
17
‘RBI constitutes the Task Force on Offshore Rupee
August 10, 2019.
Markets’, Press Releases, Reserve Bank of India, February
28, 2019,
34
‘Raksha Mantri Shri Rajnath Singh approves decisions
https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx regarding re-organisation of Army Headquarters’, Press
?prid=46423. Information Bureau, Ministry of Defence, August 21, 2019.
35
18
‘Report of the Internal Working Group on Comprehensive The Consumer Protection Bill, 2019,
Review of Market Timings’, Draft Reports, Reserve Bank of https://www.prsindia.org/sites/default/files/bill_files/Consum
India, July 10, 2019, er%20Protection%20Act%2C%202019.pdf.
https://www.rbi.org.in/Scripts/PublicationDraftReports.aspx? 36
“Advisory to State Governments / Union Territories:
ID=935#C3. Model Framework for Guidelines on e-Commerce for
19
“Monetary limits for filing of appeals by Income Tax consumer protection”, Department of Consumer Affairs,
Department further enhanced by CBDT”, Press Information Ministry of Consumer Affairs, Food and Public Distribution,
Bureau, Ministry of Finance, August 8, 2019. August 2, 2019,
20 https://consumeraffairs.nic.in/sites/default/files/file-
F. No. 390/Misc/116/2017-JC, Central Board of Indirect
uploads/latestnews/Guidelines%20on%20e-Commerce.pdf.
Taxes and Customs, Department of Revenue, Ministry of 37
Finance, August 22, 2019, The Arbitration and Conciliation (Amendment) Bill, 2019,
http://www.cbic.gov.in/resources//htdocs-cbec/instruction- https://www.prsindia.org/sites/default/files/bill_files/Arbitrati
220819.pdf;jsessionid=57726819F3621CE71952F11277550 on%20and%20Conciliation%20%28Amendment%29%20Act
B91. %2C%202019.pdf.
38
21
Enabling Framework for Regulatory Sandbox, Reports, The Unlawful Activities (Prevention) Amendment Bill,
Reserve Bank of India, August 13, 2019, 2019,
https://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/ENAB https://www.prsindia.org/sites/default/files/bill_files/Unlawfu
LING79D8EBD31FED47A0BE21158C337123BF.PDF. l%20Activities%20%28Prevention%29%20Amendment%20
Act%2C%202019.pdf.
22
‘RBI sets up Inter-regulatory Working Group on Fin Tech 39
and Digital Banking’, Press Releases, Reserve Bank of India, The Protection of Children from Sexual Offences
July 14, 2016, (Amendment) Bill, 2019, Ministry of Women and Child
https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx Development,
?prid=37493. https://www.prsindia.org/sites/default/files/bill_files/Protecti
on%20of%20Children%20from%20Sexual%20Offences%20
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‘Priority Sector Lending – Lending by banks to NBFCs for
%28A%29%20Bill%2C%202019.pdf.
On-Lending’, Notifications, Reserve Bank of India, August 40
13, 2019, The Supreme Court (Number of Judges) Amendment Bill,
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59&Mode=0. https://www.prsindia.org/sites/default/files/bill_files/Supreme
%20Court%20%28Number%20of%20Judges%29%20Amen
24
‘Master Circular- ‘Non-Banking Financial Company-Micro
dment%20Act%2C%202019.pdf.
Finance Institutions’ (NBFC-MFIs) - Directions’, Master 41
Circular, Reserve Bank of India, April 20, 2016, The Repealing and Amending Bill, 2019,
https://www.rbi.org.in/Scripts/BS_ViewMasCirculardetails.a https://www.prsindia.org/sites/default/files/bill_files/Repealin
spx?id=9827. g%20and%20Amending%20Act%2C%202019.pdf.
42
25
The Insolvency and Bankruptcy Code (Amendment) Bill, The Transgender Persons (Protection of Rights) Bill, 2019,
2019, https://www.prsindia.org/sites/default/files/bill_files/The%20
https://www.prsindia.org/sites/default/files/bill_files/Insolven Transgender%20Persons%20%28Protection%20of%20Right
cy%20and%20Bankruptcy%20Code%20%28Amendment%2 s%29%20Bill%2C%202019%20Bill%20Text.pdf.
43
9%20Bill%2C%202019_0.pdf. G.S.R. 578(E), Gazette of India, Ministry of Home Affairs,
26
“Report of the Competition Law Review Committee,”, August 16, 2019,
Ministry of Corporate Affairs, July 26, 2019, http://egazette.nic.in/WriteReadData/2019/210643.pdf.
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:http://www.mca.gov.in/Ministry/pdf/ReportCLRC_1408201 The New Delhi Municipal Council Act, 1994,
9.pdf. https://www.ndmc.gov.in/ndmc/NDMCAct/NDMC%20ACT
27
F.No. CCI/CD/AmendComb. Regl./2019, Gazette of India, %201944%201.1.pdf.
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The Competition Commission of India, The Code on Wages 2019, Ministry of Labour and
https://www.cci.gov.in/sites/default/files/notification/210553. Employment, July 23, 2019,
pdf. https://prsindia.org/sites/default/files/bill_files/Code%20on%
28
“Report of the High Level Committee on Corporate Social 20Wages%2C%202019.pdf.
Responsibility”, Ministry of Corporate Affairs, August 7, 46
Draft Employees' Provident Funds & Miscellaneous
2019, Provisions (Amendment) Bill, 2019, Ministry of Labour and
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f. https://labour.gov.in/sites/default/files/Annexure-A_B_C.pdf.
29
Companies (Share Capital and Debentures) Amendment
Rules, 2019,
-25-
Monthly Policy Review – August 2019 PRS Legislative Research
64
“Office Memorandum: Mechanism to be followed to
47 ensure that net surplus generated after meeting operating
The National Medical Commission Bill, 2019, Ministry of
expenses are entirely used for servicing debt in the first
Health and Family Welfare,
place”, Ministry of Power, August 5, 2019,
https://www.prsindia.org/sites/default/files/bill_files/NMC%
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202019%281%29.pdf.
48
echanism_dated_05_08_2019.pdf.
The Surrogacy (Regulation) Bill, 2019, Ministry of Health 65
“Draft Methodology for allocation of coal as per provisions
and Family Welfare,
as Para B (viii) (a) of SHAKTI Policy of Ministry of Coal
https://www.prsindia.org/sites/default/files/bill_files/Surroga
amended as per Para 2.1 (a) of HLEC Recommendations”,
cy%20%28Regulation%29%20Bill%2C%202019.pdf.
Ministry of Power, August 21, 2019,
49
‘Cabinet approves 75 new Medical Colleges; To add https://powermin.nic.in/sites/default/files/webform/notices/Dr
15,700 MBBS seats’, Press Information Bureau, August 28, aft_Methodology_for_allocation_of_coal_as_per_provisions
2019. _as_ParaB.pdf.
50
The Motor Vehicles (Amendment) Act, 2019, As notified 66
Explanatory Memorandum- Proposed framework for Real-
in the Gazette, August 9, 2019, Time Market for Electricity, Central Electricity Regulatory
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gaz.pdf. http://www.cercind.gov.in/2019/draft_reg/RTM-EM-
51
The Airports Economic Regulatory Authority of India 2019.pdf.
(Amendment) Bill, 2019, As passed by Parliament, August 6, 67
“Discussion Paper on Re-designing Real Time Electricity
2019, Markets in India”, Central Electricity Regulatory
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s/XX-F_2019_RS_Eng.pdf. http://www.cercind.gov.in/2018/draft_reg/RTM.pdf.
52
The Public Premises (Eviction of Unauthorised Occupants) 68
Guidelines on implementation of Phase – II of Grid
Amendment Act, 2019, As notified in the Gazette, August 9, Connected Rooftop Solar Programme for achieving 40 GW
2019, capacity from Rooftop Solar by the year 2022, Ministry of
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gaz.pdf. https://mnre.gov.in/sites/default/files/schemes/Notification-
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The Inter-State River Water Disputes (Amendment) Bill, 20082019-184419.pdf.
2019, As passed by Lok Sabha, July 31, 2019, 69
“Power Minister Shri RK Singh approves proposal to
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187-C_2019_LS_Eng.pdf. Information Bureau, August 22, 2019,
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August 2, 2019, 70
“Power Minister Shri RK Singh launches SARAL – State
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190C_2019_LS_Eng.pdf. Press Information Bureau, Ministry of New and Renewable
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Composite Water Management Index 2019, NITI Aayog, Energy, August 21, 2019,
August, 2019, https://pib.gov.in/PressReleseDetail.aspx?PRID=1582543.
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Eminence’ Press Information Bureau, Ministry of Human 72
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Resource Development, August 2, 2019. Website as accessed on August 23, 2019,
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‘Government declares 6 educational ‘Institutions of 75
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“Report of the High Level Empowered Committee 79
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August 21, 2019.
Authority of India, August 16, 2019,
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