19-Apr-2017: Cabinet gives approval for introduction of Constitution (One Hundred and Twenty-third Amendment) Bill 2017 and (ii) National Commission for Backward Classes (Repeal) Bill, 2017 in the Parliament
The Union Cabinet has given (I) Ex-post facto approval for introduction of (i) Constitution (One Hundred and Twenty-third Amendment) Bill 2017 and (ii) National Commission for Backward Classes (Repeal) Bill, 2017 in the Parliament; and (II) Approval for retention of posts/incumbents and office premises held by the existing National Commission for Backward Classes by the proposed new National Commission for Backward Classes
The approval is for the proposal to bring about a Constitutional Amendment namely the Constitution (One Hundred Twenty-third Amendment) Bill, 2017 by:
a. Constitution of a Commission under Article 338B for socially and educationally backward classes by name of National Commission for Backward Classes; and
b. insertion of Clause (26C) under Article 366 with modified definition viz. “socially and educationally backward classes” means such backward classes as are so deemed under Article 342A for the purpose, this Constitution and
2. Introduce a Bill for:
a. Repeal of the National Commission for Backward Classes Act, 1993 along with Savings Clause for namely the National Commission for Backward Classes (Repeal) Bill, 2017; and
b. Dissolution of the National Commission for Backward Classes with effect from such date as the Central Government may appoint in this behalf and the National Commission for Backward Classes constituted under sub-section (1) of Section 3 of the said Act shall stand dissolved.
3. (a) Appropriation of the sanctioned 52 posts, along with incumbents wherever filled of the existing National Commission for Backward Classes in the proposed National Commission for Backward Classes to be constituted under Article 338B; and
(b) Retention of the office premises of the existing National Commission for Backward Classes at Trikut-1, Bhikaiji Cama Place, New Delhi-110066, by the National Commission for Backward Classes to be constituted under Article 338B.
The above decisions will lead to overall welfare of socially and educationally backward classes.
The proposed Act of repeal is necessary in view of setting up of the National Commission for Backward Classes by insertion of Article 338B of the Constitution.
The decision will also enable effecting continuity in the functioning of the National Commission for Backward Classes under Article 338B.
The National Commission for Backward Classes (Repeal) Bill, 2017 was introduced in Lok Sabha by the Minister of Social Justice and Empowerment, Mr. Thaawarchand Gehlot on April 5, 2017.
Repeal: The Bill seeks to repeal the National Commission for Backward Classes Act, 1993. The Act established the National Commission for Backward Classes. The Commission has the power to examine requests for inclusion and exclusion of backward classes, and advise the central government in this regard.
The Bill was introduced alongside the Constitution (123rd Amendment) Bill, 2017 that provides for setting up of the National Commission of Backward Classes under the Constitution. The Statements of Objects and Reasons of the repealing Bill clarifies that after the setting up of the National Commission of Backward Classes under the Constitution, the Act will become redundant, and therefore, may be repealed.
Effect of repeal: The Bill states that the repeal of the Act will not affect: (i) any rights, privileges or liabilities acquired under the Act, (ii) any penalty incurred because of previous violation of the Act, or (iii) other acts that may have been done under previous operation of the Act.
19-Dec-2017: Lok Sabha passes the Central Road Fund (Amendment) Bill, 2017
The Lok Sabha passed the Central Road Fund (Amendment) Bill, 2017. The Bill seeks to amend the Central Road Fund Act, 2000, through which the cess levied and collected on high speed petrol and diesel is distributed for development of rural roads, national highways, railways, state roads and border area roads. The present bill seeks to allocate two and a half per cent. of the CRF generated to accelerate the development and maintenance of national waterways by reduction of an equal percentage from the share of national highways. This would tentatively generate about Rs. 2,300 crore revenue for national waterways.
National Waterways provide cost effective, logistically efficient and environment friendly mode of transport, whose development as a supplementary mode would enable diversion of traffic from the over-congested roads and railways. With the enactment of the National Waterways Act, 2016, the total number of national waterways has become 111. This has paved the way for better regulation and development of the national waterways in the country. However, infrastructure such as jetties, terminals, navigational channels, etc. for better shipping and commercial navigation continues to be a challenge. In order to suitably develop national waterways, sustainable source of funding is highly necessary as budgetary support and funds from multilateral institutions are inadequate.
One of the sustainable sources of funding for the development of waterways is to earmark certain per cent. of cess levied and collected on high speed diesel and petrol under the Central Road Fund Act, 2000. This allocation is proposed to be rationalized by amending the said Act so as to provide for allocating two and a half per cent. for the development and maintenance of national waterways. This would accelerate the development of national waterways and also offer incentives and certainty for private sector to invest in inland waterways transport sector.
The Cabinet had approved the proposal during its meeting held on 24.05.2017. The bill was introduced in the Lok Sabha on 24.07.2017. After detailed deliberations and considerations, the bill was unanimously passed by the Lok Sabha.
24-Jul-2017: Central Road Fund (Amendment) Bill, 2017 introduced in Lok Sabha
The Central Road Fund (Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Road Transport and Highways, Mr. Nitin Gadkari. The Bill amends the Central Road Fund Act, 2000. The Act regulates the Central Road Fund (CRF), that is credited with the cess collected on high speed diesel oil and petrol. This collected amount is then released to National Highways Authority of India, and to the state/union territory governments for the development of national and state highways. The Bill seeks to allocate a share of this cess towards the development of inland waterways.
Inclusion of inland waterways: The Bill defines national waterways as those that have been declared as ‘national waterways’ under the National Waterways Act, 2016. Currently, 111 waterways are specified under the 2016 Act.
Utilisation of fund: Under the 2000 Act, the fund can be utilised for various road projects including: (i) national highways, (ii) state roads including roads of inter-state and economic importance, and (iii) rural roads. The Bill provides that in addition to these the fund will also be used for the development and maintenance of national waterways.
Powers of central government: Under the Act, the central government has the power to administer the fund. The central government will make decisions on the: (i) investments on national highways and expressways projects, (ii) raising funds for the development and maintenance of national highways, and rural roads, and (iii) disbursement of funds for national highways, state roads and rural roads. The Bill provides that central government will make all the above decisions for national waterways as well.
Allocation of cess: Under the Act, the cess on high speed diesel oil and petrol is allocated towards different types of roads. The Bill seeks to decrease the allocation of cess towards the development and maintenance of national highways from 41.5% to 39%. It allocates 2.5% of the cess towards the development and maintenance of national waterways. As per the financial memorandum of the Bill, at the current rate of levy of this cess, the share allocated towards waterways will amount to around Rs 2,000 crore per annum. The remaining cess amount will continue to be used for the development of other roads such as national highways, state highways, etc.
Source: PrsIndia
24-Jul-2017: The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2017 Passed Unanimously by Rajya Sabha
Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2017, introduced during the Winter Session of Parliament came up for discussion in the Rajya Sabha and was passed unanimously by the house. The Bill aims to establish a legal framework for consolidation of related laws to replace the age old archaic laws with modern Indian legislation and to confer admiralty jurisdiction on all High Courts of the coastal states of the country. The bill was earlier passed by the Lok Sabha in March, 2017.
The Bill repeals the five different Admiralty Acts which are 126 to 177 years old. The Bill provides for prioritization of maritime claims and maritime liens while providing protection to owners, charterers, operators, crew members and seafarers at the same time. During the course of discussion, Members of the House presented their views and raised various questions which were satisfactorily and logically replied by the Minister of State.
As per the new Bill, High Courts of all the coastal states shall exercise admiralty jurisdiction over maritime claims which include several aspects not limited to goods imported and chattel as earlier, but also other claims such as payment of wages of seamen, loss of life, salvages, mortgage, loss or damage, services and repairs, insurance, ownership and lien, threat of damage to environment etc. The Bill accords highest priority to payment of wages of the seafarers. The Bill also provides for protection against wrongful and unjustified arrest and has provision for transfer of cases from one High Court to other High Court.
11-Mar-2017: Parliament passes The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016.
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016 was introduced in Lok Sabha on November 21, 2016. The Bill seeks to consolidate the existing laws on civil matters of admiralty jurisdiction of courts, admiralty proceedings on maritime claims, and arrest of ships. Admiralty laws deal with cases of accidents in navigable waters or involve contracts related to commerce on such waters. The Bill repeals laws such as the Admiralty Court Act, 1861, the Colonial Courts of Admiralty Act, 1890.
Key features of the Bill include:
Admiralty jurisdiction: The jurisdiction with respect to maritime claims under the Bill will vest with the respective High Courts and will extend up to the territorial waters of their respective jurisdictions. The central government may extend the jurisdiction of these High Courts. Currently admiralty jurisdiction applies to the Bombay, Calcutta and Madras High Courts. The Bill further extend this to the High Courts of Karnataka, Gujarat, Orissa, Kerala, Hyderabad, and any other High Court notified by the central government.
Maritime claims: The High Courts may exercise jurisdiction on maritime claims arising out of conditions including: (i) disputes regarding ownership of a vessel, (ii) disputes between co-owners of a vessel regarding employment or earnings of the vessel, (iii) mortgage on a vessel, (iv) construction, repair, or conversion of the vessel, (v) disputes arising out of the sale of a vessel, (vi) environmental damage caused by the vessel, etc. The Bill defines a vessel as any ship, boat, or sailing vessel which may or may not be mechanically propelled.
While determining maritime claims under the specified conditions, the courts may settle any outstanding accounts between parties with regard to the vessel. They may also direct that the vessel or a share of it be sold. With regard to a sale, courts may determine the title to the proceeds of such sale.
Priority of maritime claims: Among all claims in an admiralty proceeding, highest priority will be given to maritime claims, followed by mortgages on the vessel, and all other claims. Within maritime claims, the highest priority will be given to claims for wages due with regard to employment on the vessel. This would be followed by claims with regard to loss of life or personal injury in connection with the operation of the vessel. Such claims will continue to exist even with the change of ownership of the vessel.
Jurisdiction over a person: Courts may exercise admiralty jurisdiction against a person with regard to maritime claims. However, the courts will not entertain complaints against a person in certain cases. These include: (i) damage, or loss of life, or personal injury arising out of collision between vessels that was caused in India, or (ii) non-compliance with the collision regulations of the Merchant Shipping Act, 1958 by a person who does not reside or carry out business in India. Further, Courts will not entertain action against a person until any case against them with regard to the same incident in any court outside India has ended.
Arrest of vessel: The courts may order for the arrest of any vessel within their jurisdiction for providing security against a maritime claim which is the subject of a proceeding. They may do so under various reasons such as: (i) owner of the vessel is liable for the claim, (ii) the claim is based on mortgage of the vessel, and (iii) the claim relates to ownership of the vessel, etc.
Appeals: Any judgments made by a single Judge of the High Court can be appealed against to a Division Bench of the High Court. Further, the Supreme Court may, on application by any party, transfer an admiralty proceeding at any stage from one High Court to any other High Court. The latter High Court will proceed with the matter from the stage where it stood at the time of the transfer.
Assessors: The central government will appoint a list of assessors qualified and experienced in admiralty and maritime matters. The central government will also determine the duties of assessors, and their fee. Typically, assessors assist the judges in determining rates and claims in admiralty proceedings.