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Monthly Policy Review

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.

Supreme Court de-criminalises homosexuality and adultery (p. 2,3)


The court struck down provisions of the Indian Penal Code, 1860, which criminalised adultery and homosexuality.
These provisions were found to violate Article 14 (right to equality) and Article 21 (right to life).

Ordinance to supersede Medical Council of India promulgated (p. 5)


The Ordinance supersedes the Medical Council of India. It enables the central government to constitute a Board of
Governors, which will exercise the powers of the Council. A new Council has to be constituted within a year.

Ordinance to criminalise Triple Talaq promulgated (p. 3)


The Ordinance makes declaration of instant and irrevocable talaq void and illegal and makes it a punishable offence.
The wife may claim a subsistence allowance from the husband for herself and her dependent children.

Pradhan Mantri Jan Arogya Yojana launched (p. 5)


The Scheme aims to provide a cover of Rs five lakh per family per year to about 10.7 crore families belonging to
the poor and vulnerable population. This will subsume RSBY and the Senior Citizen Health Insurance Scheme.

Ministry of Power proposes rationalisation of retail tariff (p. 9)


The proposed principles seek to do away with the current system of different tariff for different categories of
consumers. The pricing should instead be based on load used and energy consumed.

Cabinet approves National Digital Communications Policy, 2018 (p. 11)


Key objectives of the policy include: (i) provide broadband connectivity at 50 Mbps to every citizen, (ii) create 4
million additional jobs in the digital communications sector, and (iii) attract investments of USD 100 billion.

Standing Committees submit reports on two subjects (p. 6,14)


The Standing Committee on Finance submitted a report on challenges in the banking sector. The Standing
Committee on External Affairs submitted a report on Sino-India relations.

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 ResearchInstitute 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

Macroeconomic Development the Lok Sabha. Further, Section 139AA of the


Income Tax Act, 1961, which mandates quoting
Ahita Paul (ahita@prsindia.org) of Aadhaar number for obtaining a Permanent
Account Number (PAN) and for filing income
Current Account Deficit at 2.4% of GDP tax returns, was also upheld.
in the first quarter of 2018-19 However, certain provisions of the Act were read
India’s Current Account Deficit (CAD) in the down. Section 7 permits the government to
first quarter (April–June) of 2018-19 increased require that Aadhaar be used for authenticating
to USD 15.8 billion (2.4% of Gross Domestic the identity of an individual receiving
Product) from USD 15 billion (2.5% of GDP) in government subsidies or benefits, or paying for
the first quarter of 2017-18.1 CAD in the government services. The Court upheld this
previous quarter, i.e. fourth quarter (January – with the condition that alternate mechanisms be
March) of 2017-18 was USD 13 billion (1.9% of created in case the authentication fails for a
GDP). The increase in CAD was primarily due genuine beneficiary.
to a higher trade deficit (difference between a
country’s exports and imports) of USD 45.7 Section 57 allows the use of Aadhaar for
billion in the first quarter of 2018-19 compared establishing identity for other purposes if
to USD 41.9 billion in the same period of the authorized by any law or through contractual
previous year. agreement. The Court said Aadhaar can be used
only if there is a law, which establishes the
The capital account surplus was USD 5.3 billion, necessity and proportionality of its use.
decreasing from USD 26.9 billion in the first
quarter of 2017-18. The decrease is primarily The court also struck down some provisions.
due to outflow of USD 8.1 billion of foreign These include: (i) Section 33(2), which
portfolio investment, as compared to an inflow permitted the disclosure of information,
of USD 12.5 billion in the previous year. including identity and authentication
Foreign direct investment increased to USD 9.7 information, in the interest of national security to
billion from USD 7.1 billion in the first quarter an officer not below the rank of Joint Secretary
of 2017-18. to the government, (ii) Section 47, which stated
that complaints regarding offences under the Act
Further, there was a depletion of USD 11.3 could be filed in courts only by UIDAI.
billion in foreign exchange reserves, as
compared to an accretion of USD 11.4 billion in Section 33(1) of the Act was read down. This
the corresponding quarter of the previous year. allowed disclosure of information, including
Table 1 shows India’s balance of payments in identity and authentication records, if ordered by
the first quarter of 2018-19. a court not inferior to that of District Judge. The
Court stated that the individual whose
Table 1: Balance of Payments, Q1 2018-19 information is being sought should be given the
(USD billion) opportunity of being heard.
Q1 Q4 Q1
2017-18 2017-18 2018-19 The Prevention of Money Laundering
Current Account -15 -13 -15.8 (Maintenance of Records) Rules, 2005 had
mandated linking of bank accounts and other
Capital Account 26.9 25 5.3 financial instruments, such as mutual funds and
Errors and Omissions -0.6 1.3 -0.8 insurance policies, with Aadhaar. The Court
Change in reserves 11.4 13.2 -11.3 declared this unconstitutional, stating that it did
Sources: Reserve Bank of India; PRS not meet the test of proportionality and violated
the right to privacy of the individual with regard
to his banking details. On similar
considerations, the Court declared the provision
Law and Justice of linking mobile phones with Aadhaar as
unconstitutional.
Supreme Court reads down some parts of Supreme Court de-criminalises
the Aadhaar Act homosexuality
Ahita Paul (ahita@prsindia.org) Roshni Sinha (roshni@prsindia.org)

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

Health scheme will be allowed to take cashless


benefits from any public/private empanelled
Gayatri Mann (gayatri@prsindia.org) hospitals across the country.
 Eligibility: The entitlement under the
Ordinance to supersede the Medical
scheme will be decided on the basis of
Council of India promulgated deprivation criteria in the Socio-Economic
The Indian Medical Council (Amendment) Caste Census database. The different
Ordinance, 2018 was promulgated on September categories in rural areas include: (i) families
26, 2018.12 It amends the Indian Medical having only one room with kucha walls and
Council Act, 1956. The Act sets up the Medical kucha roof, (ii) families having no adult
Council of India (MCI) which regulates medical member between age 16 to 59 years, and
education and practice. (iii) female headed households with no adult
male member between age 16 to 59 years,
 Supersession of the MCI: The 1956 Act among others. For urban areas, 11 defined
provides for supersession of the MCI and its occupational categories are entitled for the
reconstitution within a period of three years. benefits under the scheme.
The Ordinance amends this provision to
provide for the supersession of the MCI for  Financing: The payments for treatment will
a period of one year. In the interim period, be done on package rate (to be defined by
the central government will constitute a the government in advance) basis. The
Board of Governors, which will exercise the package rates will include all the costs
powers of the MCI. associated with treatment. States/ UTs will
have the flexibility to modify these rates
 The Act provides for the Board of within a limited bandwidth. For
Governors to consist of up to seven coordination between the centre and states,
members, including persons of eminence in it is proposed to set up Ayushman Bharat
medical education, appointed by the central National Health Protection Mission Council
government. The central government will chaired by the Union Health and Family
select one of these members as the Welfare Minister. The expenditure incurred
Chairperson of the Board. The Ordinance in premium payment will be shared between
amends this provision to allow for eminent central and state governments in specified
administrators to be selected in the Board. ratio as per Ministry of Finance guidelines.
 The Ordinance provides for the Board of
Governors to be assisted by a Secretary
General appointed by central government.
For a PRS summary of the Ordinance, see here.
Corporate Affairs
Roshni Sinha (roshni@prsindia.org)
Ministry launches Pradhan Mantri Jan
Arogya Yojana Issue and transfer of shares by unlisted
public companies to be in dematerialised
The Ministry of Health and Family Welfare
launched Pradhan Mantri Jan Arogya form only
Yojana.13,14 The scheme aims to provide a cover The Ministry of Corporate Affairs notified the
of Rs five lakh per family per year to about 10.7 Companies (Prospectus and Allotment of
crore families (no cap on family size and age) Securities) Third Amendment Rules, 2018. The
belonging to poor and vulnerable population. Amendment Rules provide that issue of further
The scheme will subsume the on-going centrally shares and transfer of all shares by unlisted
sponsored schemes, Rashtriya Swasthya Bima public companies may only be in dematerialised
Yojana and the Senior Citizen Health Insurance form.15 The Amendment Rules will take effect
Scheme. The scheme was approved by the from October 2, 2018.
Cabinet in March 2018. Key features of the
scheme are as follows: The stated benefits for the dematerialisation are
to: (i) eliminate risks associated with physical
 Benefits: The scheme aims to provide certificates such as loss, theft, fraud, and
insurance coverage for secondary and mutilation, (ii) improve corporate governance by
tertiary health care. This will include pre increasing transparency and preventing mal-
and post hospitalisation expenses. A practices such as benami shareholding, and back
defined transport allowance per dated issuance of shares, (iii) enable exemption
hospitalisation will also be paid to the from payment of stamp duty on transfer, and (iv)
beneficiary. A beneficiary under the make transfer or pledge of securities easier.16

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Unlisted public companies must facilitate the Cabinet approves continuation of


dematerialisation of their securities in Pradhan Mantri Jan Dhan Yojana
coordination with the Depositories and Share
Transfer Agents. Any grievances arising out of The Union Cabinet approved the continuation of
the dematerialization of securities will be the Pradhan Mantri Jan Dhan Yojana (PMJDY)
handled by the Investor Education and beyond the previously specified timeline of
Protection Fund Authority. August 2018.19 The coverage of the scheme has
been expanded from “every household” to
High Level Committee constituted for “every adult”. The existing overdraft limit of Rs
5,000 for Jan Dhan accounts has been increased
corporate social responsibility
to Rs 10,000. Additionally, the age bracket for
A committee has been constituted to review the account holders availing overdraft facility has
existing framework and to formulate a roadmap been increased from 18-60 years to 18-65 years.
for a policy on Corporate Social Responsibility
Further, accidental insurance cover for holders
(CSR).17 Among other things, the Committee
of RuPay cards has also been increased from one
will analyse outcomes of CSR activities and
lakh rupees to two lakh rupees.
suggest measures for effective monitoring and
evaluation of CSR by companies.
Standing Committee submits report on
The Committee will be chaired by the Secretary, issues in the Indian banking sector
Ministry of Corporate Affairs and will include
the following members: (i) Director General, The Standing Committee on Finance (Chair: Dr.
Indian Institute of Corporate Affairs, (ii) M. Veerappa Moily) submitted its report on the
Chairman, SEBI, or his representative, (iii) Mr. Banking Sector in India – Issues, Challenges and
P.S. Narsimha, Additional Solicitor General, and the Way Forward on August 31, 2018. Credit
(iv) Mr. N. Chandrasekharan, Chairman, Tata and deposit growth in banks have recently been
Sons. The Committee is required to submit its slow. High volumes of non-performing assets
recommendations to the government within three (NPAs) in banks have eroded their capital base,
months of its first meeting. and restricted their ability to lend. Key
observations and recommendations of the
Committee constituted to review the Committee include:
Competition Act  Lowering of Capital to Risk-weighted
Assets Ratio (CRAR) requirement: The
A committee has been constituted to review the
Committee noted that the Reserve Bank of
Competition Act, 2002.18 The Terms of
India (RBI) requirement of a minimum
Reference of the Committee include: (i)
CRAR of 9%, to prevent banks from
examining best practices internationally in
becoming highly leveraged, is 1% higher
relation to anti-trust laws, merger guidelines, and
than the Basel III norms for internationally
handling of cross-border competition issues, and
active banks. This is applicable to all PSBs,
(ii) studying other regulatory regimes,
even though nine of them do not operate
institutional mechanism, and government
internationally. The Committee observed
policies that overlap with the Act.
that such a high CRAR requirement is
The Committee will be chaired by the Secretary, impractical for these banks, and a relaxation
Ministry of Corporate Affairs and will include would (i) release capital of approximately
the following members: (i) Chairperson, Rs 5.34 lakh crore, (ii) grow loans and
Competition Commission of India, (ii) generate an additional Rs 50,000 crore of
Chairperson, Insolvency and Bankruptcy Board income annually, and (iii) avoid the need for
of India, (iii) Shri Aditya Bhattacharjea. capital infusion in these banks.
Professor of Economics, Delhi School of
 Performance of the National Company
Economics, and (iv) Joint Secretary
Law Tribunals (NCLT): The Committee
(Competition), Ministry of Corporate Affairs.
noted that resolution of larger NPAs under
The Committee is required to submit its
the Insolvency and Bankruptcy Code (IBC)
recommendations to the government within three
have been taking much longer than the
months of its first meeting.
stipulated time period of 270 days. It
recommended that NCLTs’ resources be
increased to enable them to dispose of such
cases swiftly.
Finance
 Further, the Committee observed that
Ahita Paul (ahita@prsindia.org) several lenders have had to take large
‘haircuts’ (difference between loan amount

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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

balance un-electrified broad gauge routes of


Indian Railways.32 These routes comprise 108
sections covering 13,675 route kilometres. The
Transport electrification will cost Rs 12,134.50 crore, and
Prachee Mishra (prachee@prsindia.org) is likely to be completed by 2021-22. Currently,
around two-thirds of freight and more than half
DGCA releases the National Aviation of passenger traffic in Indian Railways moves on
Safety Plan 2018-22 electrified routes.

The Directorate General of Civil Aviation


(DGCA) released the National Aviation Safety
Plan 2018-22.31 The Plan aims to promote Environment
continuous improvement of aviation safety in the
country. Key features of the Plan include: Roopal Suhag (roopal@prsindia.org)

 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

 Research and Development (R&D):  Spectrum: New spectrum bands will be


Promoting development and identified and made available for
commercialisation of low energy-cooling deployment and growth of 5G networks.
technologies will reduce energy footprint of The policy proposes optimal pricing of
active cooling. In addition, a spectrum and simplifying the process of
comprehensive R&D innovation ecosystem obtaining permissions from various
should be developed through the agencies. Further, it proposes to constitute a
involvement of institutes of excellence and Spectrum Advisory Team to facilitate the
the private sector. identification of new bands, applications,
and measures to promote innovation.
Cabinet approves continuation of  Investments: In order to increase
Integrated Development of Wildlife investments, the policy proposes to
Habitats scheme till 2019-20 recognise telecom infrastructure as critical
The Cabinet Committee on Economic Affairs and essential infrastructure, similar to
approved the continuation of the Integrated roadways and railways. Further, it proposes
Development of Wildlife Habitats scheme with to reform the licensing and regulatory
an outlay of Rs 1,732 crore till 2019-20.34 The regime by: (i) reviewing levies and fees, (ii)
scheme aims to foster wildlife conservation in rationalising taxes on digital communication
the country. It has three components: (i) Project equipment, and (iii) reducing license and
Tiger with an outlay of Rs 1,143 crore, (ii) regulatory requirements.
Development of Wildlife Habitats with an outlay  Data protection: The objectives of the
of Rs 497 crore, and (iii) Project Elephant with policy include establishing a comprehensive
an outlay of Rs 92 crore. data protection regime for digital
communications that safeguards the privacy
of individuals.

Communications TRAI invites comments on draft


regulations on Mobile Number
Vinayak Krishnan (vinayak@prsindia.org) Portability
Cabinet approves National Digital The Telecom Regulatory Authority of India
Communications Policy, 2018 (TRAI) invited feedback on draft regulations on
Mobile Number Portability (MNP).37 The
The Union Cabinet approved the National deadline for submitting comments is October 24,
Digital Communications Policy, 2018.35,36 The 2018. MNP is a facility that allows subscribers
policy noted that India’s digital profile is one of to maintain their mobile number when they
the fastest growing in the world and it is move from one service provider to another
estimated that by 2025, India’s digital economy service provider.
has the potential to reach one trillion USD. The
objective of the policy is to lay out a framework MNP is carried out by providing subscribers
that will enable creation of a vibrant telecom with a Unique Portability Code (UPC). In the
market to strengthen India’s long-term current framework, the UPC is provided by the
competitiveness. Key features of the approved service provider whom the subscriber’s number
policy include: belongs to at the time of requesting porting.
Further, a Mobile Number Portability Service
 Objectives: Some of the objectives include: Provider (MNPSP) is supposed to facilitate the
(i) provide broadband connectivity at 50 process of porting.
Mbps to every citizen, (ii) create 4 million
additional jobs in the digital The draft regulations propose that the UPC will
communications sector, and (iii) attract be generated and provided to subscribers by the
investments of USD 100 billion in the MNPSP, rather than the service provider. The
digital communications sector. MNPSP is to provide the UPC after checking
from the database of the service provider.
 National Broadband Missions: A According to TRAI, this will facilitate porting in
National Broadband Mission will be a more efficient manner.37
established to secure universal broadband
access. This will include implementation TRAI notifies amendments to the
of: (i) broadband initiatives such as Telecommunication Tariff Order, 1999
BharatNet and GramNet, and (ii) a Fibre
The Telecom Regulatory Authority of India
First Initiative to provide fibre connectivity
(TRAI) notified amendments to the
in Tier I, II, and III towns, and rural clusters.

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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
“Developments in India’s Balance of Payments during the 5
The Muslim Women (Protection of Rights on Marriage)
first quarter of 2018-19”, Reserve Bank of India, Press Ordinance,
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D0BAF61DD4A788CFE79EDD3D3CB37.PDF 18.pdf.
2 6
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and Ors., W. P. (C.) No. 494 of 2012, September 26, 2018, Bill, 2017,
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2_Judgement_26-Sep-2018.pdf %20(Protection%20of%20Rights%20on%20Marriage)/Musli
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(Criminal) No. 76 of 2016, Marriage)%20Bill,%202017.pdf.
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https://www.supremecourtofindia.nic.in/supremecourt/2017/ Public Interest Foundation & Ors. vs. Union of India &
32550/32550_2017_Judgement_27-Sep-2018.pdf. Anr., Writ Petition (Civil) No. 536 of 2011,

-14-
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.
9
Programme for Ethanol Supply Year 2018-19”, Press
Indian Young Lawyers Association & Ors. vs. The State of Information Bureau, Cabinet Committee on Economic
Kerala & Ors., Writ Petition (Civil) No. 373 of 2006, Affairs, September 12, 2018.
https://www.supremecourtofindia.nic.in/supremecourt/2006/ 26
No. 1(11)/2018-SP-I, Department of Food and Public
18956/18956_2006_Judgement_28-Sep-2018.pdf.
10
Distribution, Ministry of Consumer Affairs, Food and Public
Jarnail Singh & Others vs Lachhmi Narain Gupta & Others, Distribution, September 18, 2018,
Special Leave Petition (Civil) No. 30621 of 2011, Supreme http://dfpd.nic.in/writereaddata/Portal/Magazine/Document/1
Court of India, September 26, 2018, _229_1_Incetivefordiversionofsugar.pdf.
https://www.sci.gov.in/supremecourt/2011/34614/34614_201 27
“Cabinet approves Policy Framework to Promote and
1_Judgement_26-Sep-2018.pdf.
11
Incentivize Enhanced Recovery Methods for Oil and Gas”,
M Nagaraj & Others vs Union of India & Others, Writ Press Information Bureau, Cabinet, September 12, 2018.
Petition (Civil) 61 of 2002, Supreme Court of India, October 28
“Proposed amendment to Electricity Act, 2003 –
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regarding”, No.42/6/2011/-R&R (Vol-VIII), Ministry of
12 The Indian Medical Council (Amendment) Bill, 2018, Power, September 7, 2018,
Ministry of Health and Family Welfare, September 26, 2018, https://powermin.nic.in/sites/default/files/webform/notices/Pr
https://mohfw.gov.in/sites/default/files/Indian%20Medical% oposed_amendment_to_Elelctricity_Act_%202003.pdf.
20Council%20%28Amendment%29%20Ordinance%202018 29
“Proposed amendments in Tariff Policy – regarding”, No.
.pdf.
23/02/2018-R&R, Ministry of Power, September 10, 2018,
13
“PM launches Ayushman Bharat - PMJAY at Ranchi”, https://powermin.nic.in/sites/default/files/webform/notices/S
Press Information Bureau, Ministry of Health and Family eeking_comments_on_revised_provision_at_Para.pdf.
Welfare, September 23, 2018. 30
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
15
National Aviation Safety Plan 2018-22, Directorate
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“100% Electrification of Broad Gauge Routes of Indian
9.pdf. .
Railways”, Press Information Bureau, Ministry of Railways,
16
‘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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http://envfor.nic.in/sites/default/files/press-releases/DRAFT-
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,
for FPIs, Securities and Exchange Board of India, September http://www.pib.nic.in/PressReleseDetail.aspx?PRID=154737
8, 2018, https://www.sebi.gov.in/reports/reports/sep- 0.
2018/interim-report-of-working-group-on-kyc-requirements- 36
National Digital Communications Policy 2018, Ministry of
for-fpis_40279.html Communication,
21
SEBI Board Meeting, Securities and Exchange Board of http://www.dot.gov.in/sites/default/files/EnglishPolicy-
India, September 18, 2018, NDCP_0.pdf?download=1.
https://www.sebi.gov.in/media/press-releases/sep-2018/sebi- 37
Draft Mobile Number Portability (Seventh Amendment)
board-meeting_40347.html Regulations, 2018, Telecom Regulatory Authority of India,
22
Know Your Client Requirements for Foreign Portfolio September 25, 2018,
Investors (FPIs), Circular No.: https://www.trai.gov.in/sites/default/files/DRegulation7thAm
CIR/IMD/FPIC/CIR/P/2018/131, Securities and Exchange d25092018_0.pdf.
Board of India, September 21, 2018, 38
The Telecommunication Tariff (Sixty Fourth Amendment)
https://www.sebi.gov.in/legal/circulars/sep-2018/know-your- Order, 2018, Telecom Regulatory Authority of India,
client-requirements-for-foreign-portfolio-investors-fpis- September 24, 2018,
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23
Eligibility conditions for Foreign Portfolio Investors 5092018_0.pdf.
(FPIs), Circular No.: CIR/IMD/FPIC/CIR/P/2018/132, 39
The Telecommunication Tariff Order, 1999, Telecom
Securities and Exchange Board of India, September 21, Regulatory Authority of India, March 9, 1999,
2018, https://www.sebi.gov.in/legal/circulars/sep- https://www.trai.gov.in/sites/default/files/Main_Regulations_
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fpis-_40409.html
24
40
“Cabinet approves New Umbrella Scheme ‘Pradhan Mantri
Know Your Client Requirements for Foreign Portfolio Annadata Aay SanraksHan Abhiyan’ (PM-AASHA)”, Press
Investors (FPIs), Circular No: Information Bureau, Cabinet, September 12, 2018.
CIR/IMD/FPIC/CIR/P/2018/64, Securities and Exchange 41
First Advance Estimates of Production of Foodgrains and
Board of India, April 10, 2018
Commercial Crops for 2018-19, Directorate of Economics
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and Statistics, Ministry of Agriculture and Farmers Welfare,
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September 26, 2018,
_38618.html

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Monthly Policy Review – September 2018 PRS Legislative Research

Information Bureau, Ministry of Labour and Employment,


September 26, 2018.
https://eands.dacnet.nic.in/Advance_Estimate/1st_Adv_Esti
mates2018-19_Eng.pdf. DISCLAIMER: This document is being furnished to you for
42
“Cabinet approves comprehensive policy to deal your information. You may choose to reproduce or
with excess sugar production in the country”, Press redistribute this report for non-commercial purposes in part
Information Bureau, Cabinet Committee on Economic or in full to any other person with due acknowledgement of
Affairs, September 26, 2018. PRS Legislative Research (“PRS”). The opinions expressed
43
“Cabinet approves Revised Cost Estimate of Dam herein are entirely those of the author(s). PRS makes every
rehabilitation and improvement project”, Ministry of Water effort to use reliable and comprehensive information, but
Resources, River Development, and Ganga Rejuvenation, PRS does not represent that the contents of the report are
Press Information Bureau, September 19, 2018. accurate or complete. PRS is an independent, not-for-profit
group. This document has been prepared without regard to
44
“Central government enhances its contribution in the State
the objectives or opinions of those who may receive it.
Disaster Response Fund (SDRF)”, Press Information Bureau,
Ministry of Home Affairs, September 27, 2018,
45
‘Atal Bimit Vyakti Kalyan Yojna Rolled Out’, Press
Information Bureau, Ministry of Labour & Employment,
September 19, 2018.
46
‘Newly Launched Atal Bimit Vyakti Kalyan Yojna to
Benefit More than 3 crore Insured Persons’, Press

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