Law Amendments In India 2018-2019



Here are some Important law amendments in the year 2018 and 2019.


1. The Unlawful Activities (Prevention) Amendment Act, 2019


This Act has been passed and it allows to designate an individual as a 'terrorist' if they are found committing, preparing for, promoting or are involved in an act of terror.


Prior to this amendment, the Government was having power only to designate an organisation as a terrorist organisation. Now,


● More power to the National Investigation Agency.

● Mandatory for the office of NIA (National Investigation Agency) to seize property related to terror cases with the approval of Director General of NIA.


2.The Right to Information Amendment Bill, 2019


● The bill seeks to empower the Central Government on deciding terms of Chief Information Commissioner and Information Commissioner, both at Central and State levels.


● As per RTI ACT 2005, CIC (Chief Information Commissioner) at Central level and ICs (Information Commissioner) at State level will hold office for 5 years but now bill allows Central Government to notify term of office.


● Earlier if the officials are receiving pension or benefits at the time of retirement then their salaries will be reduced by an amount equal to pension. Now, these provisions have been removed.


Let us Compare the RTI Changes from 2005 to 2019.

TERM

In 2005: (RTI Act, 2005)

The Chief Information Commissioner (CIC) and Information Commissioners (ICs) (at the Central and State level) will hold office for a term of five years.


After 2019 RTI Amendment:

The Amendment removes this provision and states that the Central Government will notify the term of office for the Chief Information Commissioner (CIC) and the Information Commissioners (ICs).


SALARY

In 2005: (RTI Act, 2005)

The salary of the Chief Information Commissioner and Information Commissioners at the Central Level will be equivalent to the salary paid to the Chief Election Commissioner

and Election Commissioners, respectively.


Similarly, the salary of the Chief Information Commissioner and Information Commissioners at the state level will be equivalent to the salary paid to the Election Commissioners and the Chief Secretary to the State Government, respectively.


In 2019 after RTI Amendment:

This amendment removes these provisions and states that the salaries, allowances and other terms and conditions of service of the Central and State Chief Information Commissioner and Information Commissioners will be determined by the Central

Government.


SALARY DEDUCTION

In 2005: (RTI Act, 2005)

The Act states that at the time of the appointment of the Chief Information Commissioner and Information Commissioners (at the Central and State level), if they are receiving a pension or any other retirement benefits for previous Government service, their salaries will be reduced by an amount equal to the pension.


Previous Government service includes service under:

(i) the central government,

(ii) state government,

(iii) corporation established under a central or state law, and

(iv) company-owned or controlled by the central or state government.


In 2019 after RTI Amendment:

These provisions have been removed.


3.The Insolvency and Bankruptcy Code (Second Amendment) Act, 2018


● To bring relief to home buyers and micro, small and medium

enterprises.


● This will allow financial creditors to file an application seeking insolvency resolution process.


● Homebuyers will be able to participate in decision making

process.


● It allows promoter of MSME (Micro, Small and Medium Enterprises) to bid for their own enterprise undergoing the insolvency resolution process as long as they are not wilful

defaulters.


4.The Criminal Law Amendment Act, 2018

● This Act replaces the Criminal Law (Amendment) Ordinance promulgated on April 2018.


● It prescribes death to those who are convicted for raping girl


● It provides stringent punishment of jail term of a minimum of 20 years or life imprisonment or death.


● It increases minimum punishment from 10 years to 20 years for raping a girl under 16 years of age.


● Also increases minimum punishment for rape of women from rigorous imprisonment of 7 years to 10 years and can be extended to life imprisonment.


● Speedy trial of cases must be completed in 2 months.


● 6 months time limit for disposal of appeals.


● No provision for anticipatory bail for a person accused of rape of a girl under 16 years of age.


Four states have already bought capital punishment in their states

to those who rape girls below 12 years.


Madhya Pradesh, Rajasthan, Haryana, Arunachal Pradesh.


5.The Protection of Human Rights (Amendment) Bill, 2018

● It proposes to include National Commission for protection of child rights as deemed member of NHRC (National Human RightsCommission of India).


● It proposes to add woman member in the composition of NHRC.


● It proposes to have the mechanism to look after cases of Human Rights Violation in Union Territories.


● The amendment will make NHRC and SHRCs (State Human Rights Commissions) more compliant with Paris principles.


6.The Personal Laws (Amendment) Act, 2019

● The Act omits leprosy as a ground for divorce from various acts governing marriage in India.


● The Act's statement was that leprosy patients were isolated and segregated from society as it was incurable. But with medical advancements, leprosy is now a curable disease.


● PIL brought forth this fact that at least 119 statutes discriminate against leprosy affected persons and the same are violative of Article 19, Article 14 and Article 21 of the Indian Constitution.


● The court directed the last Sunday of January to be observed as 'leprosy day'.


7.The 124th Constitutional Amendment Bill [103rd

Constitutional Amendment Act], January 2019


Provides 10% reservation for economically weaker sections.


Amendment changed two fundamental rights - Article 15 and Article 16.


The amendment aims to fulfil commitments of directive principles under Article 46, which says to promote the educational and economic interests of the weaker section of society.


Note:

● Gujarat has become the first state to implement 10% quota reserved for economically weaker sections.

● The 10% reservation will be in addition to the existing cap of 50%

reservation for SC/ST/OBC.

● It provides reservation for-

People having annual income of less than 8 lakhs.

Less than 5 acres of farmland.

House lesser than 1000 sq feet in town or municipal area.


Here's the current list of bills which have been passed by the parliament.


1. The Jammu and Kashmir Reorganisation Bill, 2019

The Jammu and Kashmir Reorganisation Bill, 2019 was introduced in Rajya Sabha on August 5, 2019, by the Minister of Home Affairs, Amit Shah. The Bill provides for the reorganisation of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.


2. The Companies (Amendment) Bill, 2019

The Companies (Amendment) Bill, 2019 was introduced in Lok Sabha on July 25, 2019, by the Minister of Finance, Nirmala Sitharaman. It amends the Companies Act, 2013.


3.The Repealing and Amending Bill, 2019

The Repealing and Amending Bill, 2019 was introduced in Lok Sabha on July 25, 2019, by the Minister of Law and Justice, Ravi Shankar Prasad. The Bill seeks to repeal 68 Acts in whole and makes minor amendments to two other laws.


4. The Insolvency and Bankruptcy Code (Amendment) Bill, 2019

The Insolvency and Bankruptcy Code (Amendment) Bill, 2019 was introduced in Rajya Sabha by the Minister of Finance, Nirmala Sitharaman, on July 24, 2019. The Bill amends the Insolvency and Bankruptcy Code, 2016. The Code provides a time-bound process for resolving insolvency in companies and among individuals. Insolvency is a situation where individuals or companies are unable to repay their outstanding debt.



5. The Code on Wages, 2019

The Code on Wages, 2019 was introduced in Lok Sabha by the Minister of Labour, Santosh Gangwar on July 23, 2019. It seeks to regulate wage and bonus payments in all employments where any industry, trade, business, or manufacture is carried out. The Code replaces the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976.


6. The National Medical Commission Bill, 2019

The National Medical Commission Bill, 2019 was introduced by the Minister of Health and Family Welfare, Harsh Vardhan in Lok Sabha on July 22, 2019. The Bill seeks to repeal the Indian Medical Council Act, 1956 and provide for a medical education system which ensures: (i) availability of adequate and high-quality medical professionals, (ii) adoption of the latest medical research by medical professionals, (iii) periodic assessment of medical institutions, and (iv) an effective grievance redressal mechanism.


7. The Right to Information (Amendment) Bill, 2019

The Right to Information (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of State for Personnel, Public Grievances and Pensions, Jitendra Singh, on July 19, 2019. It seeks to amend the Right to Information Act, 2005.


8. The Banning of Unregulated Deposit Schemes Bill, 2019

The Banning of Unregulated Deposit Schemes Bill, 2019 was introduced in Lok Sabha by the Minister of Finance, Nirmala Sitharaman, on July 19, 2019. The Bill provides for a mechanism to ban unregulated deposit schemes and protect the interests of depositors. It also seeks to amend three laws, i.e., the Reserve Bank of India Act, 1934, the Securities and Exchange Board of India Act, 1992 and the Multi-State Co-operative Societies Act, 2002.


9. The Protection of Children from Sexual Offences (Amendment) Bill, 2019

The Protection of Children from Sexual Offences (Amendment) Bill, 2019 was introduced in Rajya Sabha by the Minister of Women and Child Development, Smriti Zubin Irani on July 18, 2019. The Bill amends the Protection of Children from Sexual Offences Act, 2012. The Act seeks to protect children from offences such as sexual assault, sexual harassment, and pornography.


10. The Arbitration and Conciliation (Amendment) Bill, 2019

The Arbitration and Conciliation (Amendment) Bill, 2019 was introduced in Rajya Sabha by the Minister for Law and Justice, Ravi Shankar Prasad, on July 15, 2019. It seeks to amend the Arbitration and Conciliation Act, 1996. The Act contains provisions to deal with domestic and international arbitration, and defines the law for conducting conciliation proceedings.


11. The Motor Vehicles (Amendment) Bill, 2019

The Motor Vehicles (Amendment) Bill, 2019 was introduced in Lok Sabha on July 15, 2019, by the Minister for Road Transport and Highways, Nitin Gadkari. The Bill seeks to amend the Motor Vehicles Act, 1988 to provide for road safety. The Act provides for grant of licenses and permits related to motor vehicles, standards for motor vehicles, and penalties for violation of these provisions.


12. The Airports Economic Regulatory Authority of India (Amendment) Bill, 2019

The Airports Economic Regulatory Authority of India (Amendment) Bill, 2019 was introduced in Rajya Sabha on July 12, 2019, by the Minister of State for Civil Aviation, Hardeep Singh Puri. It amends the Airports Economic Regulatory Authority of India Act, 2008. The Act established the Airports Economic Regulatory Authority of India (AERA). The AERA regulates tariffs and other charges for aeronautical services provided at civilian airports with annual traffic above 15 lakh passengers. It also monitors the performance standard of services across these airports.



13. The Central Universities (Amendment) Bill, 2019

The Central Universities (Amendment) Bill, 2019 was introduced in Lok Sabha by Ramesh Pokhriyal Nishank, Minister of Human Resource Development on July 8, 2019. The Bill seeks to amend the Central Universities Act, 2009, which establishes universities for teaching and research in various states.


14. The Protection of Human Rights (Amendment) Bill, 2019

The Protection of Human Rights (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Home Affairs, Amit Shah, on July 8, 2019. The Bill amends the Protection of Human Rights Act, 1993. The Act provides for a National Human Rights Commission (NHRC), State Human Rights Commissions (SHRC), as well as Human Rights Courts.


15. The National Investigation Agency (Amendment) Bill, 2019

The National Investigation Agency (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister for Home Affairs, Amit Shah, on July 8, 2019. The Bill amends the National Investigation Agency (NIA) Act, 2008. The Act provides for a national-level agency to investigate and prosecute offences listed in a schedule (scheduled offences). Further, the Act allows for the creation of Special Courts for the trial of scheduled offences.


16. The Unlawful Activities (Prevention) Amendment Bill, 2019

The Unlawful Activities (Prevention) Amendment Bill, 2019 was introduced in Lok Sabha by the Minister of Home Affairs, Amit Shah, on July 8, 2019. The Bill amends the Unlawful Activities (Prevention) Act, 1967. The Act provides special procedures to deal with terrorist activities, among other things.


17. The Consumer Protection Bill, 2019

The Consumer Protection Bill, 2019 was introduced in Lok Sabha by the Minister of Consumer Affairs, Food and Public Distribution, Ram Vilas Paswan on July 8, 2019. The Bill replaces the Consumer Protection Act, 1986.


18. The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019

The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019 was introduced by the Minister of Housing and Urban Affairs, Hardeep Singh Puri, in Lok Sabha on July 8, 2019. The Bill amends the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Act provides for the eviction of unauthorised occupants from public premises in certain cases.


19. The New Delhi International Arbitration Centre Bill, 2019

The New Delhi International Arbitration Centre Bill, 2019 was introduced in Lok Sabha by the Minister of Law and Justice, Ravi Shankar Prasad on July 3, 2019. It seeks to establish an autonomous and independent institution for better management of arbitration in India. The provisions of the Bill will be effective from March 2, 2019.


20. The Central Educational Institutions (Reservation in Teachers' Cadre) Bill, 2019

The Central Educational Institutions (Reservation in Teachers' Cadre) Bill, 2019 was introduced in Lok Sabha by Ramesh Pokhriyal Nishank, Minister of Human Resource Development on June 27, 2019. It replaces an Ordinance that was promulgated on March 7, 2019. The Bill provides for reservation of teaching positions in central educational institutions for persons belonging to: (i) Scheduled Castes, (ii) Scheduled Tribes, (iii) socially and educationally backward classes, and (iv) economically weaker sections.


21. The Indian Medical Council (Amendment) Bill, 2019

The Indian Medical Council (Amendment) Second Bill, 2019 was introduced in Lok Sabha by Harshvardhan, Minister of Health and Family Welfare on June 27, 2019. The Bill amends the Indian Medical Council Act, 1956 and replaces the Indian Medical Council (Amendment) Second Ordinance, 2019 which was promulgated on February 21, 2019. The Act sets up the Medical Council of India (MCI) which regulates medical education and practice. Provisions of this Bill will be effective from September 26, 2018.



22. The Dentists (Amendment) Bill, 2019

The Dentists (Amendment) Bill, 2019 was introduced in Lok Sabha by Harshvardhan, Minister of Health and Family Welfare on June 27, 2019. The Bill amends the Dentists Act, 1948. The Act regulates the profession of dentistry and constitutes: (i) the Dental Council of India, (ii) State Dental Councils, and (iii) Joint State Dental Councils.


23. The Special Economic Zones (Amendment) Bill, 2019

The Special Economic Zones (Amendment) Bill, 2019 was introduced in Lok Sabha by Piyush Goyal, Minister of Commerce and Industry on June 24, 2019. It amends the Special Economic Zones Act, 2005 and replaces an Ordinance that was promulgated on March 2, 2019. The Act provides for the establishment, development and management of Special Economic Zones for the promotion of exports.


24. The Jammu and Kashmir Reservation (Amendment) Bill, 2019

The Jammu and Kashmir Reservation (Amendment) Bill, 2019, was introduced in Lok Sabha by the Minister of Home Affairs, Amit Shah on June 24, 2019. The Bill amends the Jammu and Kashmir Reservation Act, 2004 and replaces an Ordinance promulgated on March 1, 2019. The Act provides for reservation in appointment and promotions in state government posts, and admission to professional institutions for certain reserved categories. Professional institutions include government medical colleges, dental colleges, and polytechnics.


25. The Aadhaar and Other Laws (Amendment) Bill, 2019

The Aadhaar and Other Laws (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Electronics and Information Technology, Ravi Shankar Prasad on June 24, 2019. It replaces an Ordinance promulgated on March 2, 2019.


26. The Homoeopathy Central Council (Amendment) Bill, 2019

The Homoeopathy Central Council (Amendment) Bill, 2019 was introduced in Lok Sabha by Shripad Yesso Naik, Minister of State, Ministry of AYUSH on June 21, 2019. It amends the Homoeopathy Central Council Act, 1973 and replaces the Homoeopathy Central Council (Amendment) Ordinance, 2019 that was promulgated on March 2, 2019. The Act sets up the Central Council of Homoeopathy which regulates homoeopathic education and practice.


27. The Muslim Women (Protection of Rights on Marriage) Bill, 2019

The Muslim Women (Protection of Rights on Marriage) Bill, 2019 was introduced in Lok Sabha by the Minister of Law and Justice, Ravi Shankar Prasad on June 21, 2019.


28. The Constitution (One Hundred and Twenty Fourth Amendment) Bill, 2019





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