1. The Lokpal and Lokayuktas Act, 2013
The Lokpal and Lokayuktas Bill received the President’s assent on the
1st January, 2014. It provides for the establishment of a body of Lokpal
for the Union and Lokayukta for States to inquire into allegations of
corruption against certain public functionaries and for matters
connected therewith or incidental thereto.
The law was enacted
for effective implementation of the United Nations Convention against
Corruption, which was ratified by India in May, 2011. It was enacted so
that “the Government’s commitment to clean and responsive governance”
could be reflected in effective bodies in order to contain and punish
acts of corruption.
The Act has however been in cold storage all
this while, with the Apex Court chiding the Government over the same in
August. Last month, Union Law Minister D.V. Sadananda Gowda confirmed
the government’s decision to amend the provisions of the Lokpal Act and
the Delhi Special Police Establishment Act to do away with the
requirement of quorum in the high-profile committees to select the
anti-corruption ombudsman and the CBI Director, respectively.
The
inclusion of a clause in the statutory provisions dealing with the
selection panels would provide a legal safeguard against any challenges
on the validity of an appointment.
2. The Appropriation (No. 5) Act, 2013
The Act received President’s assent on 1st January, 2014 to authorize
payment and appropriation of certain further sums from and out of the
Consolidated Fund of India for the services of the financial year
2013-14
3. The Appropriation (Railways) No. 4 Act, 2013
The Act received President’s assent on 1st January, 2014 and authorizes
payment and appropriation of certain further sums from and out of the
Consolidated Fund of India for the services of the financial year
2013-14 for the purposes of Railways.
4. The Appropriation (Railways) Vote On Account Act, 2014
The Act received President’s assent on 24th February, 2014 and provides
for the withdrawal of certain sums from and out of the Consolidated
Fund of India for the services of a part of the financial year 2014-15
for the purposes of Railways.
5. The Appropriation (Railways) Act, 2014
The Act received President’s assent on 24th February, 2014 and
authorizes payment and appropriation of certain further sums from and
out of the Consolidated Fund of India for the services of the financial
year 2013-14 for the purposes of Railways.
6. Andhra Pradesh Reorganization Act, 2014
Andhra Pradesh Reorganization Bill, 2014 received the assent of the
President on the 1st March, 2014. The Act carves out a separate state
called Telangana comprising 10 districts of the existing state of Andhra
Pradesh. The ”appointed day” for the new States’ formation was 02 June
2014.
After the bifurcation, Andhra Pradesh has 11 seats in Rajya
Sabha, and Telangana has 7. In Lok Sabha, Andhra Pradesh has 25 seats
and Telangana has 17 seats.
Nine petitions were filed in the
Supreme Court of India requesting a stay of the tabling of the Andhra
Pradesh Reorganization Bill in the parliament. The apex Court however,
refused to stay tabling of the bill in Parliament, saying that it is not
going to interfere at this stage.
In line with the Andhra
Pradesh Reorganization Act, the Ministry of Law and Justice gave a green
signal to formation of a separate High Court for Andhra Pradesh last
month.
According to section 30 of the A.P. Reorganization Act,
2014 (Central Act 6 of 2014) the High Court of Judicature at Hyderabad
shall be the common High Court for the State of Telangana and the State
of Andhra Pradesh till a separate High Court for the State of Andhra
Pradesh is constituted under Article 214 of the Constitution of India
etc. and other provisions of the Act
7. The Appropriation Act, 2014
The Act received President’s assent on 4th March, 2014 to authorize
payment and appropriation of certain further sums from and out of the
Consolidated Fund of India for the services of the financial year
2013-14.
8. The Appropriation (Vote On Account) Act, 2014
The Act received the President’s assent on 4th March, 2014 to provide
for the withdrawal of certain sums from and out of the Consolidated Fund
of India for the services of a part of the financial year 2014-15.
9. The Delhi Appropriation Act, 2014
The Act received President’s assent on 4th March, 2014 to authorize
payment and appropriation of certain further sums from and out of the
Consolidated Fund of the National Capital Territory of Delhi for the
services in respect of the financial year 2013-14.
10. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
The Act received the President’s assent on 4th March, 2014. The main
objective of this enactment was to protect the livelihood rights of
street vendors as well as regulate street vending through demarcation of
vending zones, conditions for and restrictions on street vending.
The National Association of Street Vendors of India (NASVI) has set a
goal of ensuring that the Act is implemented in at least 100 Indian
cities by May 2015.
The Standing Committee that looked into the
Street Vendors (Protection of Livelihood and Regulation of Street
Vending) Bill, 2012, had recommended that only easily accessible
documents like voter ID cards or ration cards be required to apply for a
street vending permit. Asking for documents that many street vendors
may not have will make the process more cumbersome. The recommendation
has not been incorporated explicitly in the Act and has been left to the
discretion of the respective State Governments.
Additionally,
the Committee had recommended that the vending fee should be decided on
the basis of the vending occurring – whether it is stationary, mobile or
of any other kind – and on the location of vending. The Act however
leaves the estimation of the vending fee to the state government.
A provision for renewal of vending certificates once in three years has
also been omitted by the Act, leaving it to the whims and caprices of
the local authorities. Further, no tenure for Town Vending Committee has
been provided for.
A friendly registration process, evenhanded
vending fee and fine regime, judicious renewal of vending permits, and
transparency in the workings of the Town Vending Committee are also
needed. If these measures are accommodated by State Governments during
the Act’s implementation, it will contribute to a better balance between
the promotion of street vending as a livelihood option and the
regulation of this business.
11. The Governors (Emoluments, Allowances and Privileges) Amendment Act, 2014
The Act received president’s assent on 4th March, 2014 and amends the
Governors (Emoluments, Allowances and Privileges) Act, 1982 by inserting
Section 12A according to which an ex-Governor shall, for the remainder
of his life, be entitled to secretarial assistance of one Personal
Assistant on reimbursement basis. However, he would not be entitled for
such secretarial assistance for the period during which he is
re-appointed to the office of the Governor or elected to Parliament or
the State Legislature or appointed to any office of profit under the
Union or a State Government.
12. The National Institutes of Technology, Science Education and Research (Amendment) Act, 2014
The Act received President’s assent on 4th March, 2014, and seeks to
amend the National Institutes of Technology, Science Education and
Research Act, 2007, repealing The Bengal Engineering and Science
University, Shibpur Act, 2004. It amends the Act to include a Third
Schedule to incorporate the Bengal Engineering and Science University,
Shibpur, West Bengal under it. It also changes the name of the
university to the Indian Institute of Engineering Science and
Technology, Shibpur.
13. The Rani Lakshmi Bai Central Agricultural University Act, 2014
The Act received the President’s assent on 4th March, 2014 and provides
for the establishment and incorporation of a University in the
Bundelkhand region for the development of agriculture and for the
furtherance of the advancement of learning and pursuit of research in
agriculture and allied sciences and declare it to be an institution of
national importance.
The key objectives of the university shall
be to impart education in different branches of agriculture and allied
sciences, undertake research in agriculture, undertake programmes of
extension education in Bundelkhand region and promote linkages with
national and international educational institutes.
14. The Finance Act, 2014
The Act received President’s assent on 4th March, 2014. It was enacted
to continue the existing rates of income-tax for the financial year
2014-2015.
Chapter 4 of Part 1 has detailed provisions on tax
reliefs including those pension savings, employee share schemes, the
seed enterprise investment scheme, venture capital trusts, investment in
social enterprises and capital allowances for renovation of business
premises. It also contains detailed provisions to tackle the “disguising
of employment relationships” through limited liability partnerships.
15. The Delhi Appropriation (Vote on Account) Act, 2014
The Act received President’s assent on 4th March, 2014. It provides for
the withdrawal of certain sums from and out of the Consolidated Fund of
the National Capital Territory of Delhi for the services for a period
of six months of the financial year 2014-15.
16. The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014
The Act received President’s asset on 7th March and seeks to amend the
Narcotic Drugs and Psychotropic Substances Act, 1985. It adds a new
definition of “Central Government factories” and “essential narcotic
drug”.
It broadens the definition of “illegally acquired
property” to include not just property derived from income out of an
illegal act under this law but also the equivalent value of such
property. It also includes any property acquired out of earnings whose
source cannot be proved. The Act amends the penalty, stating that any
person who consumes drugs in contravention of this Act shall be
penalized with imprisonment for up to six months or a fine up to Rs
10,000 or both.
17. Whistle Blowers Protection Act, 2011
The Act received the assent of the President on the 9th May, 2014 and
seeks to establish “a mechanism to receive complaints relating to
disclosure on any allegation of corruption or willful misuse of power or
willful misuse of discretion against any public servant and to inquire
or cause an inquiry into such disclosure and to provide adequate
safeguards against victimization of the person making such complaint and
for matters connected therewith and incidental thereto.”
Any
public servant or any other person including a non-governmental
organization may make such a disclosure to the Central or State
Vigilance Commission. Every complaint has to include the identity of the
complainant. The Vigilance Commission shall not disclose the identity
of the complainant except to the head of the department if he deems it
necessary.
It aims to balance the need to protect honest
officials from undue harassment with protecting persons making a public
interest disclosure. It punishes any person making false complaints.
However, it does not provide any penalty for victimizing a complainant.
The Act differs on many issues with the proposed Bill of the Law
Commission and the 2nd Administrative Reform Commission’s report. These
include non-admission of anonymous complaints and lack of penalties for
officials who victimize whistleblowers.
18. The Andhra Pradesh Reorganization (Amendment) Act, 2014
The Act received President’s assent on 17th July, 2014 to amend the
Andhra Pradesh Reorganization Act, 2014. It repeals the Andhra Pradesh
Reorganization (Amendment) Ordinance, 2014.
19. The National Institute Of Design Act, 2014
The Act received President’s assent on 17th July, 2014 to declare the
National Institute of Design, Ahmedabad (NID) an institution of national
importance. NID was registered as a Society under the Societies
Registration Act, 1860 and as an autonomous institution under the Bombay
Public Trusts Act, 1950. The Act has now made it a body corporate with
the legal status of an Institute. NID can establish Institute campuses
at any place within or outside India.
Key powers of NID include
providing instruction and training in areas and disciplines related to
design; granting degrees in disciplines relating to design; framing,
altering, modifying and rescinding Statutes and Ordinances; and acting
as a nucleus for interaction between academia and industry. An Arbitral
Tribunal shall be established to settle disputes between NID and its
employees.
20. The Telecom Regulatory Authority of India (Amendment) Act, 2014
The Act received President’s assent on 17th July, 2014 and seeks to
amend the Telecom Regulatory Authority of India Act, 1997. It places a
bar for a period of two years on the Chairman and the whole time members
from accepting any employment either under the Central Government or
under any State Government or any appointment in any company in the
business of telecommunication services, without the previous approval of
the Central Government. It also repeals the Telecom Regulatory
Authority of India (Amendment) Ordinance, 2014.
21. The Appropriation (Railways) No. 2 Act, 2014
The Act received the President’s assent on 28th July, 2014 and provides
for the authorization of appropriation of moneys out of the
Consolidated Fund of India to meet the amounts spent on certain services
for the purposes of Railways during the financial year ended on the
31st day of March, 2012 in excess of the amounts granted for those
services and for that year.
22. The Appropriation (Railways) No. 3 Act, 2014
The Act received President’s assent on 28th July, 2014. It authorizes
payment and appropriation of certain sums from and out of the
Consolidated Fund of India for the services of the financial year
2014-15 for the purposes of Railways.
23. The Appropriation (No. 3 ) Act, 2014
The Act received President’s assent on 28th July, 2014. It authorizes
payment and appropriation of certain sums from and out of the
Consolidated Fund of India for the services of the financial year
2014-2015.
24. The Finance (No. 2) Act, 2014
The Act
received President’s assent on 6th August, 2014 to give effect to the
financial proposals of the Central Government for the financial year
2014-2015.
25. The Delhi Appropriation (No. 2) Act, 2014
The Act received President’s assent on 7th August, 2014 to authorize
payment and appropriation of certain sums from and out of the
Consolidated Fund of the National Capital Territory of Delhi for the
services in respect of the financial year 2014-15.
26. The Securities Laws (Amendment) Act, 2014
The Act received the President’s assent on 22nd August, 2014, seeking
to amend the Securities and Exchange Board of India Act, 1992, the
Securities Contracts (Regulation) Act, 1956 and the Depositories Act,
1996. It provides for establishment of special courts for speedy trial
of offences under the Act, and provides for an appeal to the High Court
from the Special Court which will be deemed to be a Court of Sessions.
27. The Delhi Special Police Establishment (Amendment) Act, 2014
The Act received President’s assent on 29th November, 2014 to amend the
Delhi Special Police Establishment Act, 1946. The principal Act
provides for a three member committee to make recommendations to the
Central Government for appointment of the Director. The committee
comprises the Prime Minister (Chairperson), the Chief Justice of India
or a Supreme Court judge nominated by him, and the Leader of Opposition
in the Lok Sabha.
The amendment Act amends this provision in
relation to the Leader of Opposition. It states that where there is no
Leader of Opposition, the Leader of the single largest Opposition Party
in that House would be part of the committee. The Act also introduces a
provision that states that the appointment of a Director would not be
invalid on the grounds of any vacancy or absence of a member of the
Committee.
28. The Apprentices (Amendment) Act, 2014
The
Act received President’s assent on 5th December, 2014 and amends the
Apprentices Act, 1961. The Act amends the definition of appropriate
government to include an establishment operating in four or more states
to be regulated by the central government. It also amends the
definitions of: (i) designated trade, (ii) graduate or technician
apprentice, (iii) trade apprentice, (iv) industry and (v) worker. The
Act adds two definitions: (i) optional trade, and (ii) portal-site.
The Principal Act sets the minimum age for being engaged as an
apprentice at 14 years. The amendment Act adds that the minimum age for
apprenticeship in designated trades related to hazardous industries
shall be 18 years. The hours of work and leave will be as per the
discretion or policy of the employer.
29. The Indian Institutes Of Information Technology Act, 2014
The Act received President’s assent on 8th December, 2014. According
to the Statement of Objects and Reasons, the Act provides four existing
IIITs, independent statutory status. It declares them as institutes of
national importance, to enable them to grant degrees to their students.
The four IIITs are situated in, Uttar Pradesh, Tamil Nadu and two in
Madhya Pradesh. They will aim to: (i) provide instruction in areas
concerning information technology and allied fields of knowledge, (ii)
conduct research and innovation in information technology, (iii) hold
examinations and grant degrees, diplomas and other titles, (iv) create
and make appointments to various posts, (v) establish and maintain such
infrastructure as may be necessary, etc.
30. The Merchant Shipping (Amendment) Act, 2014
The Act received President’s assent on 9th December, 2014. The Act adds
new provisions to the Merchant Shipping Act, 1958 to comply with the
International Convention for the Control of Harmful Anti-Fouling Systems
on Ships, 2001. The Convention is aimed at protecting the marine
environment and human health from adverse effects of anti-fouling paints
used to coat the ships’ surfaces.
The amendments shall apply to:
(i) all Indian ships, wherever they are, (ii) ships operating under the
authority of India and (iii) ships entering places where India has
exclusive jurisdiction, including ports, shipyards, offshore terminals,
territorial waters, Exclusive Economic Zone and Continental Shelf. The
amendments shall be applicable to shall not apply to any warship, naval
auxiliary or other non-commercial ship owned by or operated under the
authority of India.
31. The Merchant Shipping (Second Amendment) Act, 2014
The Act received the President’s assent on 9th December, 2014. It
further amends the Merchant Shipping Act, 1958 to bring it in conformity
with the International Labour Organization’s Maritime Labour
Convention, 2006. The Convention lays down the standards for the living
and working conditions of seafarers, including their food,
accommodation, medical care, social security, and recruitment.
The amendments regarding the maritime labour standards specified in the
Convention shall apply to all seafarers and ships engaged in commercial
activities except: (i) ships which navigate exclusively in inland
waters, (ii) fishing vessels, (iii) traditionally built ships like dhows
and junks and (iv) warships or naval auxiliary ships. The government
may extend applicability of these provisions to non- commercial ships on
the recommendations of the Directorate General of Shipping.
32. The Labour Laws (Exemption From Furnishing Returns And Maintaining Registers By Certain Establishments) Amendment Act, 2014
The Act received President’s assent on 9th December, 2014. It seeks to
mend the Labour Laws (Exemption from Furnishing Returns and Maintaining
Registers by certain Establishments) Act, 1988. It widens e ambit of the
Act to more establishments and adds more laws from which these
establishments are to be exempted.
According to the amendment
Act, the employer may maintain the returns filed and the registers on a
computer, computer disk or other electronic media. Printouts of these
records shall have to be made available to the Inspector on demand. The
information may also be furnished to the Inspector by electronic mail.
33. The Constitution (Scheduled Castes) Orders (Amendment) Act, 2014
The Act received the President’s assent on 17th December, 2014 and
seeks to amend the Constitution (Scheduled Castes) Order, 1950 and the
Constitution (Sikkim) Scheduled Castes Order, 1978. It includes certain
communities in the list of Scheduled Castes in Kerala, Madhya Pradesh,
Odisha, and Tripura. Article 341 of the Constitution empowers the
President to specify castes which will be deemed as Scheduled Castes
through a notification. It also empowers Parliament to include or
exclude castes from the list of Scheduled Castes in the notification.
34. The Textile Undertakings (Nationalization) Laws (Amendment and Validation) Act, 2014
The Act received President’s assent on 17th December, 2014 and seeks to
amend the Sick Textile Undertakings (Nationalization) Act, 1974 and the
Textile Undertakings (Nationalization) Act, 2995, in order to continue
with the lease-hold rights vested in the National Textile Corporation on
completion of the lease-hold tenure.
35. The Central Universities (Amendment) Act, 2014
The Act received the President’s assent on 17th December, 2014 and
seeks to amend the Central Universities Act, 2009. The Statement of
Objects and Reasons of the Act states that it seeks to set up a Central
University in Bihar, in addition to the existing one. It states that the
large-scale requirement of access to, and quality in, higher education
was not being met by just one university in the state. It also changes
the name of the existing central university.
It will rename the
existing Central University of Bihar, to Central University of South
Bihar, as it is located south of the river Ganges. The new Central
University will be called Mahatma Gandhi Central University.
36. The School Of Planning And Architecture Act, 2014
The Act received the President’s assent on 18th December, 2014.
According to its Statement of Objects and Reasons, the Act seeks to
provide three existing SPAs in New Delhi, Bhopal and Vijayawada the
status of institutes of national importance. It enables them to grant
degrees to their students. The SPA, New Delhi was established in 1959
and conferred with the status of a Deemed University (a high-performing
institution declared so by the Centre, under the University Grants
Commission (UGC) Act, 1956) in 1979. SPAs in Bhopal and Vijayawada were
established in 2008.
37. The Appropriation (No. 4) Act, 2014
The Act received the President’s assent on 25th December, 2014. It was
enacted to authorize payment and appropriation of certain further sums
from and out of the Consolidated Fund of India for the services of the
financial year 2014-15.
(A Snapshot copied from live law.in)
