Professional Documents
Culture Documents
September 2018
Highlights of this Issue
Current Account Deficit at 2.4% of GDP in Q1 of 2018-19 (p. 2)
Current Account Deficit in the first quarter of 2018-19 was USD 15.8 billion (2.4% of Gross Domestic Product),
similar to the deficit of USD 15 billion (2.5% of GDP) in the first quarter of 2017-18.
Supreme Court upholds the constitutional validity of the Aadhaar Act (p. 2)
The Court upheld the passage of the Aadhaar Bill as a Money Bill. The Court struck down a provision that allowed
Aadhaar authentication to be used through contractual arrangement between parties.
Cabinet approves PM-AASHA scheme for procurement of crops from farmers (p. 12)
Under the scheme, states have the option to adopt mechanisms for procurement of crops from farmers, including: (i)
Price Support Scheme, (ii) Price Deficiency Payment Scheme, or (iii) Private Procurement & Stockist Scheme.
Draft India Cooling Action Plan released by the Ministry of Environment (p. 10)
The Plan provides recommendations to address cooling requirements across sectors over a 20 year period (2017-18
to 2037-38). By 2037-38, it aims to reduce cooling energy requirements by 25%-40%, among other things.
Two Committees to examine various issues related to companies and competition (p. 6)
They will: (i) review the existing framework and formulate a roadmap for a policy on Corporate Social
Responsibility and (iii) review the Competition Act, 2002.
October 1, 2018
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
Monthly Policy Review – September 2018 PRS Legislative Research
The Supreme Court upheld the constitutional The Supreme Court decided a constitutional
validity of the provisions of the Aadhaar Act, challenge to Section 377 of the Indian Penal
2016 by a 4:1 majority.2 It also upheld the Code, 1860.3 Section 377 punishes a person
passage of the Aadhaar Bill as a Money Bill in who has intercourse with a man, woman, or
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Monthly Policy Review – September 2018 PRS Legislative Research
animal which is against the ‘order of nature’. September 19, 2018.5 Note that the Muslim
The offence is punishable with imprisonment for Women (Protection of Rights on Marriage) Bill,
life or up to 10 years, and fine. Under this 2017 was introduced and passed in Lok Sabha
provision, sexual intercourse between persons of on December 28, 2017 and is currently pending
the same gender was criminalised. in Rajya Sabha.6 Key features of the Ordinance
include:
The Court held the provision to be
unconstitutional to the extent that it criminalises The Ordinance makes all declaration of
sexual acts between two consenting adults. The talaq, including in written or electronic
provision will continue to govern sexual acts form, to be void (i.e. not enforceable in law)
against minors, animals, and in respect of non- and illegal. It defines talaq as talaq-e-biddat
consenting adults. or any other similar form of talaq
pronounced by a Muslim man resulting in
The Court found the provision to be arbitrary instant and irrevocable divorce.
and violative of Article 14 of the Constitution
(right to equality) since it distinguished between Offence and penalty: The Ordinance
heterosexual and homosexual adults, solely on makes declaration of talaq a cognizable
the basis of their sexual orientation. The Court offence, attracting up to three years
further stated that the provision violates the right imprisonment with a fine. (A cognizable
to dignity, privacy and sexual autonomy offence is one for which a police officer
guaranteed to homosexual persons under Article may arrest an accused person without
21 of the Constitution (right to life). The Court warrant.) The offence will be cognizable
also found the provision to violate Article only if information relating to the offence is
19(1)(a) of the Constitution (freedom of speech given by: (i) the married woman (against
and expression). whom talaq has been declared), or (ii) any
person related to her by blood or marriage.
Supreme Court de-criminalises adultery The Ordinance provides that the Magistrate
Roshni Sinha (roshni@prsindia.org) may grant bail to the accused. The bail may
be granted only after hearing the woman
The Supreme Court decided a constitutional (against whom talaq has been pronounced),
challenge to Section 497 of the Indian Penal and if the Magistrate is satisfied that there
Code, 1860, which criminalises adultery. 4 are reasonable grounds for granting bail.
Section 497 punishes a man who has sexual
The offence may be compounded by the
intercourse with the wife of another man,
Magistrate upon the request of the woman
without his consent. The offence is punishable (against whom talaq has been declared).
with imprisonment of up to five years or a fine, Compounding refers to the procedure where
or both. The petitioners in the case wanted the
the two sides agree to stop legal
Court to make the offence gender-neutral.
proceedings, and settle the dispute. The
The Court held the provision to be terms and conditions of the compounding
unconstitutional and struck it down entirely. The will be determined by the Magistrate.
Court found the provisions to be arbitrary and Subsistence allowance and custody: A
violative of Article 14 (right to equality) since: Muslim woman against whom talaq is
(i) it did not apply equally to a married man who
declared is entitled to seek subsistence
had intercourse with another woman; and (ii) it
allowance from her husband for herself and
permitted adultery if the husband consented,
for her dependent children. She is also
which indicates that the provision treated the entitled to seek custody of her minor
wife as property of the husband. The Court children. The amount of the allowance and
further found the provision to violate the right to
manner of custody will be determined by
dignity, privacy and sexual autonomy of a
the Magistrate.
woman guaranteed to her under Article 21of the
Constitution (right to life). For a PRS Ordinance summary, see here.
The Court clarified that adultery may continue to
be a ground for divorce. Supreme Court lays down live-streaming
of court proceedings
Triple Talaq Ordinance promulgated Roshni Sinha (roshni@prsindia.org)
Roshni Sinha (roshni@prsindia.org)
The Supreme Court has allowed live-streaming
The Muslim Women (Protection of Rights on of certain cases of constitutional or national
Marriage) Ordinance, 2018 was promulgated on importance.7 The Court formulated certain
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Monthly Policy Review – September 2018 PRS Legislative Research
model guidelines for the live-stream. These The concerned political party must display
include: the information relating to the criminal
antecedents of its candidates on its website.
Only a specified category of cases or cases
of constitutional and national importance The candidate as well as the concerned
being argued for final hearing before the political party must issue a declaration in a
Constitution Bench may be live streamed as widely circulated newspaper in the locality
a pilot project. Sensitive cases like about candidate’s criminal antecedents.
matrimonial disputes or sexual assault case Such declaration must be made at least
shall not be streamed live. Further, the thrice after the candidate files his
Court may live-stream oath-taking nomination papers.
ceremonies or judicial conferences.
The Court stated that Parliament should consider
The live-stream shall be available on the enacting a law to ensure that persons facing
website of the Supreme Court. The Court serious criminal charges do not contest elections.
shall also maintain archives of all the live-
streamed proceedings. Supreme Court allows the entry of
There shall be a time gap of two minutes women in Sabrimala Temple
between the proceedings and the streaming. Roshni Sinha (roshni@prsindia.org)
This will allow time for screening sensitive
information or any other exchange which A five-judge Constitution Bench of the Supreme
should not be streamed. Court heard a case challenging the
constitutionality of a custom under which
Prior consent of all parties to the concerned women between the ages of 10 to 50 years were
proceedings must be taken before streaming denied entry to Lord Ayyappa Temple at
the proceedings. If there is no unanimity Sabarimala, Kerala.9 The Court held the practice
between the parties, the Court can decide to be unconstitutional by a 4:1 majority.
whether to broadcast the proceedings.
The practice was challenged on the grounds that
The presiding judge will have the final it violates Articles 14 (right to equality), 15
authority to suspend or prohibit live- (prohibition of discrimination based on sex), 17
streaming of proceedings in a particular (abolition of untouchability), 21 (protection of
case, if he believes the publicity would life and personal liberty), and 25 (freedom of
prejudice the interest of justice. religion) of the Constitution.
The Supreme Court shall have exclusive
Supreme Court upholds judgement on
copyright over all the material recorded and
broadcast in the Court. reservation in promotions for Scheduled
Castes and Scheduled Tribes
Supreme Court lays down guidelines for Vinayak Krishnan (vinayak@prsindia.org)
chargesheeted candidates contesting The Supreme Court upheld its earlier judgement
elections on reservation in promotion to Scheduled Castes
Roshni Sinha (roshni@prsindia.org) and Scheduled Tribes in public employment. 10
In its earlier judgement, the Supreme Court held
The Supreme Court set down certain guidelines that the government could provide reservation in
to be followed by candidates who are contesting promotions to Scheduled Castes and Scheduled
elections and have criminal cases pending Tribes, but would have to show the existence of
against them in a court.8 These guidelines are: certain reasons.11 These reasons include: (i)
backwardness, (ii) inadequacy of representation,
Each contesting candidate shall fill up the and (iii) administrative efficiency. It further
form provided by the Election Commission stated that the government would have to collect
of India. The form must contain all the data showing backwardness of Scheduled Castes
particulars as required in it. Further, the and Scheduled Tribes.
form should state the criminal cases pending
against the candidate in bold letters. The court upheld this judgement, but stated that
the government did not have to collect data
If a candidate is contesting an election on showing backwardness of the Scheduled Castes
the ticket of a particular party, he is required and Scheduled Tribes.
to inform the party about the criminal cases
pending against him.
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Monthly Policy Review – September 2018 PRS Legislative Research
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Monthly Policy Review – September 2018 PRS Legislative Research
and the value of the collateral) for some of new applicants will be given two years to
their loans. It recommended that a satisfy the new eligibility criteria.
reasonable base price should be fixed for
Further, the working group recommended
bidding so that large ‘haircuts’ can be
that the criteria for beneficial ownership, as
avoided by creditors in the course of the
given in the Prevention of Money
IBC process in NCLT.
Laundering (Maintenance of Records)
Powers of the RBI in case of PSBs: The Rules, 2005, should be applicable only for
Committee noted that the RBI had stated the purpose of KYC, and not for
that some powers available to the RBI under determining eligibility.
the Banking Regulation Act, 1949 are not
KYC requirements for FPIs: FPIs are
available in the case of PSBs. These
classified into three categories (Category I,
include: (i) removing and appointing
II and III) in order of increasing risk. The
Chairman and Managing Directors of banks,
group recommended that for identifying
(ii) superseding the Board of Directors, and
beneficial owners of FPIs from ‘high risk
(iii) granting licences. The Committee also
jurisdictions’, a lower materiality threshold
noted that the RBI can, however, (i) inspect
of 10% should only be applicable to
the bank, (ii) consult with the government
Category II and III FPIs. Note that the
on appointing senior bank officials, and (iii)
materiality threshold for other FPIs is 25%
have a nominee on a PSB’s management
in case of a company and 15% in case of
committee. In this regard, the Committee
partnership firms.24
recommended that the government should
constitute a high powered committee to Further, the group recommended that KYC
evaluate the powers of the RBI with respect review be done yearly for Category II and
to PSBs as provided under various statutes. III FPIs from high risk jurisdictions, and
only at the time of continuance of FPI
For a PRS Report Summary, see here.
registration for other FPIs.
SEBI working group submits report on
KYC requirements and eligibility for
Foreign Portfolio Investments Petroleum and Natural Gas
The working group constituted on Know Your Suyash Tiwari (suyash@prsindia.org)
Client (KYC) requirements for foreign portfolio
investors (Chair: Mr. Harun R. Khan) submitted
CCEA approves an increase in ethanol
its report.20 The recommendations of the
working group were accepted by the board prices for the supply year 2018-19
members of Securities and Exchange Board of The Cabinet Committee on Economic Affairs
India (SEBI).21,22,23 Key recommendations of (CCEA) approved an increase in the prices of
the working group include: ethanol derived out of B heavy molasses and
Eligibility criteria for beneficial owners of 100% sugarcane juice.25,26 Ethanol is primarily
foreign portfolio investments (FPIs): A produced from sources such as: (i) sugarcane
circular released by SEBI on April 10, 2018 with 100% sugarcane juice, which has not been
had clarified that non-resident Indians used for sugar production, (ii) B heavy molasses,
(NRIs), resident Indians (RIs) and overseas which has been used for sugar production, but
citizens of India (OCIs) cannot be beneficial still contains some sugar content, (iii) C heavy
owners of investing FPIs. Beneficial molasses, which is the end product left after
owners are natural persons who ultimately sugar processing, and (iv) damaged foodgrains,
own or control FPIs. among other sources.
The working group recommended that: (i) Earlier, ethanol was priced at a flat rate
NRIs, RIs and OCIs should be allowed to be irrespective of the mode of manufacture. In June
constituents of FPIs if each individual 2018, the central government had fixed different
holding is below 25% and their aggregate rates for ethanol manufactured from different
holding is below 50% of total assets under sources. Prices of ethanol derived from sources
management of the FPI, and (ii) FPIs could with more sugar content were fixed at a higher
be controlled by NRIs, RIs or OCIs as rate to divert sugarcane from sugar processing
investment managers provided they are and thus, prevent excess sugar production. This
appropriately regulated in their home would also result in higher availability of ethanol
jurisdiction or set up under Indian laws, and for blending with petrol. Blending ethanol with
registered with SEBI. Existing FPIs and petrol helps in reducing vehicle exhaust
emissions as well as the petroleum imports.
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Monthly Policy Review – September 2018 PRS Legislative Research
Due to a subsequent revision in the Fair and by designated institutions, and a pilot project
Remunerative Price of sugarcane, the ethanol will be conducted. Such institutions will be
prices have been revised for the ethanol supply notified by the central government.
year from December 1, 2018 to November 30,
The policy will be monitored and implemented
2019. The revised prices of ethanol are:
by a committee comprising of representatives of
The price of ethanol derived out of B heavy the Ministry of Petroleum and Natural Gas, the
molasses has been increased from Rs 47.13 Directorate General of Hydrocarbons, experts in
per litre to Rs 52.43 per litre. the upstream sector, and academia.
The price of ethanol derived out of 100% It will be applicable to all the blocks allocated to
sugarcane juice has been increased from Rs oil companies on a contractual basis, as well as
47.13 per litre to Rs 59.13 per litre. This to the blocks granted on nomination basis to the
revised price is only for those mills which national oil companies, namely Oil and Natural
will divert 100% sugarcane juice for Gas Corporation Limited and Oil India Limited.
production of ethanol, thereby not The policy will be effective for a period of 10
producing any sugar. years from the date of notification.
The price of ethanol derived out of C heavy However, the fiscal incentives will be provided
molasses has been fixed at Rs 43.46 per litre. for a period of 10 years, from the date of
commencement of production using the ER and
Oil marketing companies have been advised to
UHC methods. In case of IR projects, the fiscal
prioritise usage of ethanol derived out of: (i)
incentives will be available from the date of
100% sugarcane juice, (ii) B heavy molasses,
achievement of the prescribed benchmark.
(iii) C heavy molasses, and (iv) damaged food
These incentives will be given in the form of a
grains and other sources, in that order.
partial waiver of cess or royalty, and will be
Moreover, the mills which divert sugarcanes applicable to the incremental production realised
with 100% juice and B heavy molasses for through this policy.
ethanol production have been permitted to sell
additional sugar (over the limits imposed by the
Department of Food and Public Distribution).
Such mills can sell one additional tonne of sugar Energy
on producing 600 litres of ethanol.
Prachee Mishra (prachee@prsindia.org)
Cabinet approves policy framework to
improve recovery factor of existing Draft amendments to Electricity Act,
hydrocarbon reserves 2003 released
The Ministry of Power released draft
The Union Cabinet approved a policy framework
amendments to the Electricity Act, 2003.28 The
to promote and incentivise Enhanced Recovery
proposed amendments seek to segregate the
(ER), Improved Recovery (IR), and
electricity distribution business into two
Unconventional Hydrocarbon (UHC) production
segments: supply and distribution. Key features
methods.27 The ER methods include enhanced
of the proposed amendments include:
oil recovery as well as enhanced gas recovery
methods. IR methods comprise of new drilling Segregation of distribution and supply:
technologies, and advanced techniques for Under the Act, a distribution licensee
management and control of reserves, in supplies electricity and maintains the
combination with the ER methods. UHC distribution network in an area of supply.
production methods include methods for The proposed amendments provide for
production of shale oil and gas, gas hydrates and separate licences for maintaining the
heavy oil, among others. The policy aims to distribution system (distribution licence)
increase the recovery rate of oil and gas from and for the supply of electricity (supply
existing hydrocarbon reserves for augmenting licence). Further, multiple distribution and
their domestic production. supply licences could be awarded for an
area of distribution and supply.
The policy involves: (i) systemic assessment of
every field for its ER potential, (ii) appraisal of Renewable energy: The Act does not
appropriate ER techniques, and (iii) fiscal define renewable sources of energy. The
incentives to make the required additional proposed amendments define renewable
investment financially viable. Prior to energy sources to include hydro, wind,
commercial implementation of the ER project, solar, bio-mass, bio-fuel, waste including
mandatory screening of the fields will be done municipal and solid waste, co-generation
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Monthly Policy Review – September 2018 PRS Legislative Research
from these sources, and other sources as exceeds the sanctioned load. A penalty
notified by the central government. The should be imposed for exceeding the
amendments also provide for a National sanctioned load.
Renewable Energy Policy.
Load and consumption categories: A
The amendments define Renewable maximum of five load categories may be
Purchase Obligation as the minimum created such as: (i) 0-2 kW, (ii) 2-5 kW, (iii)
percentage of electricity from renewable 5-10 kW, (iv) 10-25 kW, and (v) >25 kW.
sources that must be procured by obligated For each load bracket, the tariff should be
entities (such as supply licensees). progressive based on consumption. The
Renewable Generation Obligation is defined consumption slabs should be considered as:
as the renewable energy capacity that must (i) 0-200 units, (ii) 201-400 units, (iii) 401-
be installed or procured by a coal or lignite 800 units, (iv) 801-1200 units, and (v)
based generation station. >1200 units.
Power subsidy: If a state government or Subsidies: Consumers with sanctioned load
any other agency seeks to provide a subsidy and unit consumption in lower brackets will
to any consumer, it will do so through direct be subsidised by consumers in higher load
benefit transfer. and consumption brackets.
Smart grid and metering: The
amendments define a smart grid as an Changes in domestic duties, taxes can be
electricity network that uses information and passed through under ‘change of law’
communication technology to gather Currently, under the Tariff Policy, 2016 (for
information and act intelligently in an electricity), pass-through of increased costs may
automated manner. It should help improve be allowed if the duties/taxes are changed after
the efficiency, reliability, economics, and the award of bids, or unless provided otherwise
sustainability of generation, transmission in the Power Purchase Agreement (PPA).30
and distribution of electricity. The Further, such pass through of increased costs
amendments also provide that smart meters must be approved by the respective central or
should be installed at each stage for proper state regulatory commission.
measurement of consumption.
The Ministry of Power noted that power
Comments on the draft are invited within 45 generation companies have been unable to get
days from the date of its publication (i.e., 22 nd pass-through of changes in cost. This is mostly
October, 2018). due to delays in getting the pass-through costs
Note that the Electricity (Amendment) Bill, 2014 approved. Such delays have affected the cash
which amends the Act is currently pending in flows of these companies, and are causing stress
Lok Sabha; several provisions of the draft Bill in the power sector.
are including in the 2014 Bill. For a PRS In light of this, the Ministry has issued directions
analysis of the 2014 Bill, see here. to the Central Electricity Regulatory
Commission (CERC) which include:
Ministry of Power proposes
Any changes in domestic duties, levies,
rationalisation of retail tariff
cess, and taxes, imposed by the central or
The Ministry of Power has proposed state government, which leads to an increase
amendments to the Tariff Policy, 2016 (for in the cost of power, be passed through to
electricity) to simplify the current tariff the consumer (unless provided otherwise in
categories and rationalise retail tariff.29 The the PPA).
proposed principles include:
CERC will only determine the per unit
Tariff structure: The tariff structure impact of such change in duties/ taxes,
should do away with the concept of different which will be passed on.
tariff for different categories of consumers.
CERC will circulate a draft order for
The price should instead be based on load
determination of per unit impact to all the
used and energy consumed. The state
states/ beneficiaries on the 14th day of the
electricity regulatory commissions may
filing of petition.
create a separate category of tariff for
electric vehicle charging stations. The impact of such change in law on the
tariff will be effective from the date of the
A systematic method can be adopted to
change in law.
revise the consumer load automatically if
the average load of the previous year
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Monthly Policy Review – September 2018 PRS Legislative Research
State Safety Priorities: These priorities Draft India Cooling Action Plan released
include: (i) airborne conflict, (ii) runway
excursions and overruns, (iii) wildlife and The Ministry of Environment, Forest, and
bird strikes, (iv) loss of control in flight, and Climate Change released the Draft India Cooling
(v) deficient maintenance. Each State Action Plan (ICAP).33 The ICAP provides
Safety Priority will have safety objectives, recommendations to address cooling
proposed desired safety outcomes, safety requirements across sectors, and ways to provide
action plan and a number of Safety access to sustainable cooling for all over a 20
Performance Indicators. year period (2017-18 to 2037-38). The main
goals as outlined in the ICAP include:
Safety objectives: Objectives include
reducing: (i) the risk of airborne conflict, (ii) Supporting development of technological
the number of runway excursions, (iii) the solutions in cooling and related areas;
number of wildlife (on ground) and bird Reducing cooling demand across sectors by
strikes, (iv) the number of ground collisions 20%-25% by 2037-38;
between aircrafts, and between aircrafts and
vehicles. Indicators for each objective Reducing refrigerant demand by 25%-30%
include the number of incidents, warnings by 2037-38;
issued, errors, etc.
Reducing cooling energy requirements by
Targets: The desired safety outcome is to 25%-40% by 2037-38; and
reduce number of reported events for each
Training and certifying 1,00,000 servicing
indicator by 3% every year. The targets are
sector technicians by 2022-23.
fixed for first two years (2018 and 2019). In
the subsequent years (2020, 2021 & 2022), To achieve these objectives, the ICAP has
targets will be fixed based on the prioritised areas to make interventions, which
performance of the previous year. include:
State safety risk controls: In addition to Building energy efficiency: This will be
safety priorities, key state safety risk achieved through: (i) reducing the cooling
controls also must be measured and load of the building sector through fast-
improved. The focus of safety priorities for tracked implementation of building energy
2018-22 will include: (i) effective state codes, (ii) adopting adaptive thermal
safety oversight, (ii) implementation of comfort standards, (iii) increasing energy
service providers’ Safety Management efficiency of room air-conditioners and fans,
System, (iii) addressing safety concerns and (iv) enhancing consumer awareness
raised by International Civil Aviation through eco-labelling of cooling products.
Organisation and implementing their
Cold Chain and Refrigeration: Steps
provisions, and (iv) safe operations of
recommended in this area include: (i)
Remotely Piloted Aircraft Systems
developing programs for retrofitting of
(commonly known as drones).
existing cold storages to reduce cooling,
refrigerant demand and energy consumption
Cabinet approves electrification of and (ii) standardising all design,
remaining un-electrified train lines construction and associated specifications
The Cabinet Committee on Economic Affairs for small, medium and large cold-chain
approved the proposal for electrification of infrastructure components.
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Monthly Policy Review – September 2018 PRS Legislative Research
Telecommunication Tariff Order, 1999.38 The Rs 15,053 crore has been approved for
Order relates to fixing of tariffs for various implementation of the scheme. Moreover, an
telecommunication services.39 additional guarantee of Rs 16,550 crore has been
approved for the procurement agencies.
The amendment removes certain types of
services like radio paging services, telex, and First advance estimates of production of
telegraph services from the ambit of the Order. crops released for Kharif season 2018-19
Further, the Order limits the amount of deposit
that can be charged from subscribers at not more The Ministry of Agriculture and Farmers
than one year of rental charge. According to the Welfare released the first advance estimates of
amendments, this limit will not apply to production of foodgrains and commercial crops
International Subscriber Dialing and for the Kharif season 2018-19.41
International Roaming Services. Foodgrain production in Kharif 2018-19 is
estimated to grow by 0.6% as compared to
Kharif 2017-18. The increase is primarily
contributed by 1.8% growth in the
Agriculture production of rice. The production of
Suyash Tiwari (suyash@prsindia.org) coarse cereals and pulses is estimated to
decrease by 2.2% and 1.3%, respectively.
Cabinet approves PM-AASHA scheme The production of oilseeds is estimated to
for procurement of crops from farmers increase by 5.7% as compared to Kharif
2017-18. While groundnut production is
The Union Cabinet approved the Pradhan Mantri estimated to decrease by 16.1%, the growth
Annadata Aay Sanrakshan Abhiyan (PM- in oilseeds stems from a 22.6% increase in
AASHA) scheme for procurement of crops from the production of soyabean.
farmers.40 Under the scheme, states have the
option to adopt these procurement mechanisms: Production of cotton is estimated to fall by
(i) Price Support Scheme (PSS), (ii) Price 6.9%, while production of sugarcane is
Deficiency Payment Scheme (PDPS), and (iii) estimated to increase by 1.9% to 384 million
Private Procurement & Stockist Scheme (PPSS). tonnes in Kharif 2018-19.
In PSS, physical procurement of pulses, oilseeds, Table 1: First advance estimates of
and copra will be done by central nodal production of crops for the Kharif season
agencies, including Food Corporation of India, 2018-19 (in million tonnes)
in coordination with state governments. The 4th 1st %
procurement of crops already covered under advance advance change
PSS, i.e. paddy, wheat, coarse grains, cotton, and Crop estimates estimates over
jute, will continue as per the existing for Kharif for Kharif final
2017-18 2018-19 estimate
mechanism. The other two procurement
mechanisms have been approved for oilseeds. Foodgrains 140.7 141.6 0.6%
Cereals 131.4 132.4 0.8%
PDPS will not involve any physical procurement
of crops. In PDPS, direct payment of the Rice 97.5 99.2 1.8%
difference between the Minimum Support Prices Coarse
33.9 33.1 -2.2%
(MSPs) and the selling/modal prices of the crops Cereals
will be made to pre-registered farmers in their Pulses 9.3 9.2 -1.3%
bank accounts. Farmers who sell their crops in Tur 4.3 4.1 -4.0%
the notified market yards through a transparent Urad 2.8 2.7 -6.7%
auction process are eligible for the scheme.
Moong 1.4 1.6 9.7%
States can choose to implement PPSS instead of Oilseeds 21.0 22.2 5.7%
PSS and PDPS on a pilot basis in selected
Soyabean 11.0 13.5 22.6%
districts. In PPSS, selected private agencies will
procure crops at MSPs in the notified markets Groundnut 7.5 6.3 -16.1%
during a specified period. However, they can Cotton* 34.9 32.5 -6.9%
procure only when the market prices fall below Sugarcane 376.9 383.9 1.9%
the MSPs and when they are authorized by the *Million bales of 170 kg each.
state governments to do so. Maximum service Sources: Directorate of Economics and Statistics, Ministry of
charges up to 15% of the MSPs will be payable Agriculture and Farmers Welfare; PRS.
to the private agencies.
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Monthly Policy Review – September 2018 PRS Legislative Research
Food and Public Distribution crore will be funded by the World Bank, Rs 747
crore by state governments, and Rs 91 crore by
Suyash Tiwari (suyash@prsindia.org) the Central Water Commission.
The project will improve the safety and
CCEA approves policy to increase sugar
operational performance of 198 dams in seven
exports and clear cane dues of farmers states. Through this, the project aims to mitigate
The Cabinet Committee on Economic Affairs risks to ensure safety of downstream population
approved a policy to increase sugar exports and and property. The project will also focus on
clear the cane dues of farmers. 42 The following institutional strengthening, including capacity
measures have been approved under this policy: building of officials to increase the effectiveness
of Dam Safety Organisations.
Facilitation of exports: To increase sugar
exports, Rs 1,375 crore has been approved
to cover the expenditure incurred by sugar
mills on internal transport, freight, and
handling, among others. These export
Home Affairs
incentives to mills will be capped at the Vinayak Krishnan (vinayak@prsindia.org)
following rates, based on their distance from
ports: (i) Rs 1,000/metric tonne (MT) for Central government increases
mills located within 100 kilometres, (ii) Rs contribution to the State Disaster
2,500/MT for mills located beyond 100 Response Fund
kilometres in the coastal states, and (iii) Rs
3,000/MT for mills located beyond 100 The Government of India decided to enhance its
kilometres in other states. contribution to the State Disaster Response Fund
from 75% to 90%, with effect from April 1,
Clearance of dues: A financial assistance 2018.44 Under the Disaster Management Act,
of Rs 13.88 per quintal of cane crushed will 2005, the National Disaster Response Fund and
be provided to help sugar mills clear cane State Disaster Response Funds were set up to
dues of farmers. Rs 4,163 crore has been meet rescue and relief expenditure during any
approved for this purpose. notified disaster. The central government had
Financial assistance under both these measures till now been contributing 75% for General
will be given directly to farmers, and will be Category States and 90% for Special Category
settled against the cane dues payable by mills, States of hilly regions.
including arrears. Subsequent balance, if any,
will be provided to the mills. Also, only those
mills that fulfill the conditions as stipulated by
the Department of Food and Public Distribution Labour and Employment
will be eligible for the incentives.
Roshni Sinha (roshni@prsindia.org)
With these measures, the policy aims to improve
the liquidity of sugar mills, in light of the excess New scheme launched to give cash benefit
stock of sugar available with them and an to unemployed persons insured under the
indication of excess production in the upcoming Employees’ State Insurance Act
sugar season 2018-19.
The Employees’ State Insurance Corporation
(ESIC) has approved a scheme called the ‘Atal
Bimit Vyakti Kalyan Yojna’.45 This scheme will
Water resources cover persons insured under the Employees’
State Insurance Act, 1948. The Act applies to
Roopal Suhag (roopal@prsindia.org) establishments having more than 10 workers
with monthly wage ceiling of Rs 21,000.
Cabinet approves Rs 3,466 crore for
Under the scheme, cash will be paid directly to
continuation of Dam Rehabilitation and
the bank account of unemployed insured
Improvement Project till June 2020 persons, while they search for new
The Cabinet Committee on Economic Affairs employment. The cash benefit given to an
approved the revised cost estimate of Rs 3,466 unemployed person will be equivalent to 25% of
crore for continuation of the Dam Rehabilitation his average earnings over 90 days. 46 The
and Improvement Project.43 The project has also government will notify detailed regulations in
been granted an extension from July 2018 to this regard.
June 2020. Out of Rs 3,466 crore, Rs 2,628
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Monthly Policy Review – September 2018 PRS Legislative Research
Further, the ESIC has approved a proposal for Bank and the BRICS Development Bank to
reimbursement of Rs 10 per person to employers fund infrastructure projects and improve
if they seed the Aadhaar number of their workers connectivity in its neighbourhood.
and their family members in the ESIC database.
Doklam incident: The Committee stated
As per the Ministry, this will curtail multiple
that the Chinese intrusion at Doklam (in
registrations of the same Insured Persons and
Bhutan) was a violation of two agreements
enable them to avail the benefits requiring longer
between China and Bhutan. These
contributory conditions.
agreements stipulated that there would be no
change in the status quo while boundary
negotiations were still in progress. Further,
it was also in violation of the 2012 Common
External Affairs Understanding to determine boundary points
Vinayak Krishnan (vinayak@prsindia.org) between India, China and a third country, in
consultation with the third country. The
Standing Committee submits report on Committee commended the overall handling
Sino-India relations of the crisis, as it sent signals that India
would not accept forceful attempts to
The Standing Committee on External Affairs change the status quo at any of its
(Chairperson: Dr Shashi Tharoor) submitted its boundaries. However, it expressed concern
report on “Sino-India Relations including that Chinese infrastructure close to the tri-
Doklam, border situation, and cooperation in junction had not yet been dismantled.
international organizations” on September 4,
2018.The Committee noted that the government Border infrastructure: The Committee
should carry out an in-depth assessment of the observed that infrastructure on the Indo-
relationship between India and China so that China border was inadequate and many
national consensus is evolved on how to deal roads could not withstand military traffic.
with China. Key observations and Further, there were delays in infrastructure
recommendations of the committee include: projects due to difficult terrain, delays in
environmental clearance, and inadequate
One Belt One Road Initiative: The One infrastructure with the Border Roads
Belt One Road (OBOR) initiative is a Organization (BRO). The Committee
Chinese infrastructure project, which recommended that the government should
includes the China Pakistan Economic make concerted efforts to improve border
Corridor (CPEC). The Committee noted road infrastructure along the Indo-China
that CPEC is not acceptable to India as it border. Further, border roads should be
passes through Pakistan Occupied Kashmir, built under the Pradhan Mantri Gram Sadak
thereby violating India’s territorial integrity. Yojana scheme, to serve as a back-up for the
The Committee appreciated India’s stand of military in times of emergency.
firmly rejecting the OBOR initiative
proposed by China. It recommended that For a PRS Report Summary, see here.
India should accelerate its own connectivity
projects under various initiatives to counter
the OBOR Initiative. Further, the
Committee recommended that India could
use the Asian Infrastructure Investment
1
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The Muslim Women (Protection of Rights on Marriage)
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D0BAF61DD4A788CFE79EDD3D3CB37.PDF 18.pdf.
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Monthly Policy Review – September 2018 PRS Legislative Research
25
“Cabinet approves on Fixation/Revision of ethanol price
derived from B heavy molasses/ partial sugarcane juice and
https://www.supremecourtofindia.nic.in/supremecourt/2011/
100% sugarcane juice under Ethanol Blended Petrol
36674/36674_2011_Judgement_25-Sep-2018.pdf.
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Programme for Ethanol Supply Year 2018-19”, Press
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No. 1(11)/2018-SP-I, Department of Food and Public
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Distribution, Ministry of Consumer Affairs, Food and Public
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“Cabinet approves Policy Framework to Promote and
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Incentivize Enhanced Recovery Methods for Oil and Gas”,
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20Council%20%28Amendment%29%20Ordinance%202018 29
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23/02/2018-R&R, Ministry of Power, September 10, 2018,
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“PM launches Ayushman Bharat - PMJAY at Ranchi”, https://powermin.nic.in/sites/default/files/webform/notices/S
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No 23/43/2018-R&R, Ministry of Power, August 27, 2018,
14
“Cabinet approves Ayushman Bharat – National Health https://powermin.nic.in/sites/default/files/webform/notices/D
Protection Mission”, Press Information Bureau Cabinet, irection_to_the_CERC_under_section_107.pdf.
March 21, 2018. 31
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‘MCA notifies issue & transfer of all shares in September 12, 2018.
dematerialised form only by all unlisted public companies’, 33
“Draft India Cooling Action Plan”, Ministry of
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17
‘High Level Committee constituted on Corporate Social India%20Cooling%20Action%20Plan-
Responsibility’, Press Information Bureau, Ministry of Latest%20Version.PDF.
Corporate Affairs, September 28, 2018. 34
“Cabinet approves continuation of the Centrally Sponsored
18
‘Government constitutes Competition Law Review Umbrella Scheme of Integrated Development of Wildlife
Committee to review the Competition Act’, Press Habitats beyond 12th Plan”, Ministry of Environment, Forest,
Information Bureau, Ministry of Corporate Affairs, and Climate Change, Press Information Bureau, September
September 30, 2018. 5, 2018.
19
“Boost to pro-people and pro-poor initiatives”, Press 35
“Cabinet approves National Digital Communications
Information Bureau, Cabinet, September 5, 2017 Policy-2018”, Press Information Bureau, Ministry of
20
Interim Report of working group on KYC Requirements Communications,
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23
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