30-Mar-2018: Payment of Gratuity (Amendment) Act, 2018 brought in force on 29th March, 2018
The Payment of Gratuity (Amendment) Bill, 2018 has been passed by Lok Sabha on 15th March, 2018 and by the Rajya Sabha on 22nd March, 2018, has been brought in force on 29th March, 2018.
Background: The Payment of Gratuity Act, 1972 applies to establishments employing 10 or more persons. The main purpose for enacting this Act is to provide social security to workman after retirement, whether retirement is a result of superannuation, or physical disablement or impairment of vital part of the body. Therefore, the Payment of Gratuity Act, 1972 is an important social security legislation to wage earning population in industries, factories and establishments.
The present upper ceiling on gratuity amount under the Act is Rs. 10 Lakh. The provisions for Central Government employees under Central Civil Services (Pension) Rules, 1972 with regard to gratuity are also similar. Before implementation of 7th Central Pay Commission, the ceiling under CCS (Pension) Rules, 1972 was Rs. 10 Lakh. However, with implementation of 7th Central Pay Commission, in case of Government servants, the ceiling has been raised to Rs. 20 Lakhs.
Therefore, considering the inflation and wage increase even in case of employees engaged in private sector, this Government decided that the entitlement of gratuity should also be revised in respect of employees who are covered under the Payment of Gratuity Act, 1972. Accordingly, the Government initiated the process for amendment to Payment of Gratuity Act, 1972 to increase the maximum limit of gratuity to such amount as may be notified by the Central Government from time to time. Now, the Government has issued the notification specifying the maximum limit to Rs. 20 Lakh.
In addition, the Bill also envisages to amend the provisions relating to calculation of continuous service for the purpose of gratuity in case of female employees who are on maternity leave from ‘twelve weeks’ to ‘such period as may be notified by the Central Government from time to time’. This period has also been notified as twenty six weeks.
Major Impact: The Bill as passed by both the Houses of Parliament, and assented to by the Hon’ble President and notified by the Government. This will ensure harmony amongst employees in the private sector and in Public Sector Undertakings/ Autonomous Organizations under Government who are not covered under CCS (Pension) Rules. These employees will be entitled to receive higher amount of gratuity at par with their counterparts in Government sector.
28-Feb-2018: Cabinet approves the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018
The Union Cabinet has approved the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 for introduction in the Parliament.
The Bill broadly has the following features:-
- Addresses the issue of trafficking from the point of view of prevention, rescue and rehabilitation.
- Aggravated forms of trafficking, which includes trafficking for the purpose of forced labour, begging, trafficking by administering chemical substance or hormones on a person for the purpose of early sexual maturity, trafficking of a woman or child for the purpose of marriage or under the pretext of marriage or after marriage etc.
- Punishment for promoting or facilitating trafficking of person which includes producing, printing, issuing or distributing unissued, tampered or fake certificates, registration or stickers as proof of compliance with Government requirements; or commits fraud for procuring or facilitating the acquisition of clearances and necessary documents from Government agencies.
- The confidentiality of victims/ witnesses and complainants by not disclosing their identity. Further the confidentiality of the victims is maintained by recording their statement through video conferencing (this also helps in trans-border and inter-State crimes).
- Time bound trial and repatriation of the victims - within a period of one year from taking into cognizance.
- Immediate protection of rescued victims and their rehabilitation. The Victims are entitled to interim relief immediately within 30 days to address their physical, mental trauma etc. and further appropriate relief within 60 days from the date of filing of charge sheet.
- Rehabilitation of the victim which is not contingent upon criminal proceedings being initiated against the accused or the outcome thereof.
- Rehabilitation Fund created for the first time. To be used for the physical, psychological and social well-being of the victim including education, skill development, health care/psychological support, legal aid, safe accommodation, etc.
- Designated courts in each district for the speedy trial of the cases.
- The Bill creates dedicated institutional mechanisms at District, State and Central Level. These will be responsible for prevention, protection, investigation and rehabilitation work related to trafficking. National Investigation Agency (NIA) will perform the tasks of Anti-Trafficking Bureau at the national level present under the MHA.
- Punishment ranges from rigorous minimum 10 years to life and fine not less than Rs. 1 lakh.
- In order to break the organized nexus, both at the national and international level, the Bill provides for the attachment & forfeiture of property and also the proceeds for crime.
- The Bill comprehensively addresses the transnational nature of the crime. The National Anti-Trafficking Bureau will perform the functions of international coordination with authorities in foreign countries and international organizations; international assistance in investigation; facilitate inter-State and trans-border transfer of evidence and materials, witnesses and others for expediting prosecution; facilitate inter-state and international video conferencing in judicial proceedings etc.
Background: Trafficking in human beings is the third largest organized crime violating basic human rights. There is no specific law so far to deal with this crime. Accordingly, the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 has been prepared. The Bill addresses one of the most pervasive yet invisible crimes affecting the most vulnerable persons especially women and children.
The new law will make India a leader among South Asian countries to combat trafficking. Trafficking is a global concern also affecting a number of South Asian nations. Amongst them, India is now a pioneer in formulating a comprehensive legislation. UNODC and SAARC nations are looking forward to India to take lead by enacting this law.
The Bill has been prepared in consultation with line Ministries, Departments, State Governments, NGOs and domain experts. A large number of suggestions received by the Ministry of WCD in hundreds of petitions have been incorporated in the Bill. The Draft Bill discussed in regional consultations held in Delhi, Kolkata, Chennai and Bombay with various stakeholders including over 60 NGOs. The Bill was examined and discussed by Group bf Ministers also.
1-Nov-2017: Cabinet approves National Council for Teacher Education (Amendment) Bill, 2017
The Union Cabinet has given its approval for introduction of a Bill in Parliament to amend the National Council for Teacher Education Act, 1993, namely the National Council for Teacher Education (Amendment) Act, 2017 to grant retrospective recognition to the Central/State/Universities who are found to be conducting teacher education courses without NCTE permission.
The amendment seeks to grant retrospective recognition to the Central/State/Union Territory funded Institutions/Universities conducting Teacher Education Courses without NCTE recognition till the academic year 2017-2018. The retrospective recognition is being given as a onetime measure so as to ensure that the future of the students passed out/enrolled in these institutions are not jeopardized.
The amendment will make students studying in these Institutions/Universities, or already passed out from here, eligible for employment as a teacher. With a view to achieve above mentioned benefits, Dept. of School Education & Literacy, Ministry of Human Resource Development has brought about this amendment.
All institutions running Teacher Education Courses such as B.Ed. and D.El.Ed. have to obtain recognition from the National Council for Teacher Education under section 14 of the NCTE Act. Further, the courses of such recognised Institutions/Universities have to be permitted under section 15, of the NCTE Act.
NCTE wrote to all Central Universities and / State Universities / District Institutes of Education and Training (DIETs) informing them about the legal provisions making it mandatory to seek prior permission for starting Teacher Education Courses and giving them time till 31-03-2017 to inform NCTE if any such Institution/University is running a course without permission of NCTE, for a one-time resolution of past issues.
Background: The NCTE Act, 1993 came into force on 1st July, 1995 and is applicable throughout the country, except the State of Jammu and Kashmir. The main objective of the Act Is to provide for the establishment of a NCTE to achieve planned and coordinated development of the teacher education system, regulation and ensure proper maintenance of norms and standards in the said system. In order to achieve the objectives of the Act, separate provisions have been, made in the Act, for recognising Teacher Education courses and to lay down guidelines for compliance by recognized Institutions/Universities.