Edition 51

Debated / Passed in Lok Sabha: 28/11/2019
Debated / Passed in Rajya Sabha: –

The National capital, Delhi has probably witnessed the maximum influx of population in the last few decades. Large scale exodus from other parts of the country had resulted in several “unauthorized colonies” – place(s) with no proper government approval or registration for buildings and layouts. For the 40 lakh odd people living in almost 2000 unauthorized colonies in Delhi, this Bill would mean finally being granted ownership rights to such properties. Some of the salient features of this Bill:

1. The Bill seeks to regularize the unauthorized colonies by registering properties in favour of their bonafide residents and grant relief from paying registration and stamp duty.
2. The Bill seeks to secure ownership and or transfer / mortgage in favour of residents who are in possession of properties in such unauthorized by providing them by granting them title documents such the General Power of Attorney (GPA), Sale agreement and Letter of possession that is granted by the government in the process of regularizing such colonies. This creates ownership in favour of the resident on plot of land and or apartments.
3. While the title documents will legitimately entitle the residents to procure loans from the banking sector, it will also politically pave the way for allocation of constituency developments funds for developing od basic amenities – roads, water, sewage lines, low cost housing and other civic amenities.
4. The regularization of colonies is subject to satisfaction of certain precondition – establishment of registered welfare associations, submission of the entire list of residents and the colony layout plant /blueprint along with the application for regularization.
5. It is proposed to digitally map such colonies within a given time frame. Separate portals are being proposed to be set up to address grievances of residents of such colonies which will eventually get authorized.

While the Bill is being viewed as a step in the positive direction, implementing it will infrastructural, technical and political ramifications. For now, the Bill has received mixed response – one of cautious joy.

Debated / Passed in Lok Sabha: 27/11/2019
Debated / Passed in Rajya Sabha: 02/12/2019

In September 2019 there was an ordinance passed that banned the production, transport, storage and trade of “E- cigarettes”. In November 2019, The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Bill, 2019 replaced the ordinance that bans the e-cigarette.

The “E-cigarette” or the Electronic Nicotine delivery system (“ENDS”) is a battery-operated device that emits vaporized nicotine for the user to inhale. It was intended to be a replacement to smoking tobacco and an aid to quit smoking. It provided a feeling like smoking a cigarette without smoking it! Having been introduced by China in 2006, “e-cigs” seem to have become an addiction by themselves especially amongst teens / youngsters across the world. Scientific research has now established that vaping could also severely damage lungs when inhaled with nicotine like substance(s). The salient features of the Bill:

1. No person can produce, manufacture, import, export, transport, sell or distribute, or stock e-cigarettes.
2. No person can store e-cigarettes in their possession. Violation of this provision shall attract penalty of upto Rs 50,000 and imprisonment of upto 6 months.
3. A first-time offender will attract penalty of upto Rs. 1 lakh and imprisonment of upto 1 year while habitual offenders will be fined upto Rs. 5 lakhs and imprisonment of upto 3 years.
4. The Authorized officer have power to enter premises, search and seize, if necessary, any quantity of such products.

While e-cigs were widely believed to have been the answer to eradicate smoking, it in turn became an addiction in itself. The government has pledged to eradicate tuberculosis by 2025. Banning e-cigarettes seems to be the first step before taking on the task of eradicating smoking itself. An end to “Ends”.

India first introduced the Seed Act in 1966 to regulate the quality of certain seeds for sale, and for matters connected therewith. Based on the US model of seed governance, the Act was effective in regulating the seed industry, which was the base to ensure agriculture and effective crop production thus serving the interest of farmers. The primary objective of the Act was to establish seed committees and laboratories that could research and establish the quality of seeds. The legislation introduced the process of labelling of seeds. Labelling and providing Unique identification number to such seeds indicated a certain quality / standard. This ensured that only quality seeds were sold and cultivated. However, there was some lacunae in the legislation.

However, the 1966 Act did not cover effective licencing policy. There were Rules introduced in 1968 and 2002 successively, all with little impact. The Seed bill 2019 intends to plug all lacunae by making the Bill protect interests of farmers and enable them to sell their seeds for the best price.

The Seed Bill 2019 has taken its roots from the European Laws where registration is not voluntary(based on seed developer’s discretion). A look at the salient features of the proposed Bill:

1. It is instead based on set parameters of registration and licencing of seed producers and seed processors separately.
2. It is now proposed to make variety registration of seeds mandatory (which was hitherto discretionary). Such registration is based on ‘value for cultivation and use’.
3. The seed producers / processors shall be subject to evaluation before being granted a licence.
4. It is proposed to include a mechanism to monitor prices and thereby control price fluctuation and unreasonable profits.
5. Effort has been made to clearly distinguish between Seed producer, Seed processor and Seed dealer (the one who deals with the packaged seeds). Consequently, their rights, duties and liabilities are also being streamlined.

Experts from the seed industry are very hopeful of the new Seed Bill addressing key issues – tenure of registration, varietal seed registration, and clearly distinguishing pricing. All this while safeguarding the farmer interest. It is up to the government to sow the seed for the farmer to reap the benefit.

Debated / Passed in Lok Sabha: 05/08/2019
Debated / Passed in Rajya Sabha: 26/11/2019

The government has re-introduced a Bill on protection of rights of transgenders. This is not the first time though that is a Bill addressing issues pertaining to transgenders. The Rights of Transgender Persons Bill, 2014 was first introduced and passed in the Rajya Sabha in 2015 as a Private members’ Bill. It has been pending in the Lok Sabha since. While the 2014 Bill was widely welcomed by one an all, there were some practical issues / anomalies. Pending this, there were some revisions made to the Bill which were introduced 2016. This Bill was widely criticized especially by the transgender community and activists. This was then sent to a committee for further revision. Thus, the Transgender Persons (Protection of Rights) Bill, 2018 was introduced.

However, this was also met with stiff opposition. Provisions such as criminalization of begging by transgenders and lesser punishments for crimes against transgenders were considered regressive and not in interests of queer community. It was then that the Transgender Persons (Protection of Rights) Bill, 2019 was introduced in the Lok Sabha in July 2019 and passed in August 2019. A look at the salient features of this Bill:

1. The Bill is aimed at protecting the rights and interest of the transgender persons and offering welfare measures / schemes for them.
2. The Bill has clearly laid down the definition of the term “transgender” which includes “hijra”, “kinnar”, “jogta” and “aravani”.
3. The Bill seeks to prohibit discrimination of transgenders and offer fair opportunities for education, employment, living, access to healthcare and other public facilities and equal opportunity like other persons in the society. It seeks to criminalize denial of opportunity / facilities to transgenders.
4. The Bill seeks to create a legal identity to transgender by providing a certificate of identity specifically indicating the gender as “transgender”.
5. It is proposed to establish a National council for transgender persons consisting of people from various government departments. This is to ensure effective implementation of policies governing transgenders while also their grievance redressal forum.

This Bill also has been criticised for some of its basic features – the concept of certificate of “identity” itself is seen as discriminating and humiliating the transgenders from the rest of the society. The Bill must specifically address issues of sexual offences committed against transgenders. The Bill passed right after the J&K special status is seen as hope for the neglected and abused community of transgenders. Only time will tell how effectively this Bill will integrate transgenders with the mainstream.

Debated / Passed in Lok Sabha: 20/11/2019
Debated / Passed in Rajya Sabha: 28/11/2019

The Central government recently introduced important amendments to the Chit Fund Act, 1982. While Chit funds is in the concurrent list, with most States having their own laws, the Union government introduced the Chit Fund Act in 1982. The primary objective of the Act was to enable create a fund only with the prior sanction of the government.

Despite State and Central government legislations governing the Chit fund businesses alike, there have been several instances of fraud, misuse and misappropriation of funds. The Saradha group scam being a recent case where in several lakh investors were duped of crores of rupees under the guise of a chit fund. This brought back into sharp focus the need to amend the Chit funds Act to make it more investor protective and friendly. A look at the key amendments:

1. The Chit Funds were being operated under several names – “Chit”, “Chit Fund”. The Amendment Bill has proposed to include phrases such as ‘fraternity fund’ and ‘rotating savings’ and ‘credit institution’ as well to a Chit Fund. The phrases ‘chit amount’, ‘dividend’ and ‘prize amount’ have been revised to gross chit amount, ‘share of discount’ and ‘net chit amount’ respectively.
2. The commission which a person managing the Chit Fund is entitled to has been increased to 7% from 5%.
3. The Bill allows the operator of the Chit amount to allows a right to lien against the credit balance from subscribers.
4. The Bill now proposes to draw a chit with at least two subscribers joining via conferencing. Presently, at least 2 subscribers have to be present in person to draw the chit.
5. The maximum amount of chit amount that can be collected by an individual is proposed to be increased to Rs. 3 lakhs from the existing Rs. 1 lakh.
6. The maximum amount of chit amount that can be collected by an individual in a firm or an association with 4 partners or less is proposed to be increased to Rs.18 lakhs from the existing Rs. 6 lakhs.
7. The Bill enables the state governments to specify the base amount over which the provisions of the Act will apply.

The amendments to the Chit fund act seem to be the need of the hour with several companies functioning in the style of a chit fund and swindle money especially of the lower income groups who not only rely on chit funds as a way to save but also a method of future investments. A vigilant statutory mechanism will ensure that effective implementation of these amendments.