Top 10 New Laws added by government in 2020.

 

1. Introduction of Ordinance of Mine Coal Laws.

The Central Government declared the ordinance of Amendments in the Mines and Minerals (Development and Regulation) Act of 1957 and the Coal Mines Special Provisions Act, 2015. Further the Union Government on 11th Jan 2019 approved the Mineral Laws Amendment of Mineral Laws Amendment Ordinance 2020. The Following ordinance goal is to ease the Auction of Coal Mines, permitting for Foreign Direct Investments and reinforce the ease of doing business in this sector. The Ordinance provides the following changes and improvements:

  • The amendments under Coal Mines(Special Provisions) Act of 2015, will allow for undiscovered and partly explored coal blocks for mining through prospecting license-cum-mining lease, which would in turn promote the involvement of multiple
  • It will entitle any India-registered company to invest in the coal mining sector and develop coal blocks.
  • The sole condition for such companies would be that they should have prior experience in Mining in India in order to qualify to place a bid.
  • The amendment makes way for FDI in the coal mining sector by minimizing red tape relating to qualification of bid placement.
  • The ease of restriction on end-users should open up the coal sector, and therefore the involvement of more local and global firms is anticipated.
  • The government is estimating that the loosening up of restrictions should not only bring in new players in the sector but significantly increase the revenue generated by the Coal
  • Coal India has been asked to prepare supply of 1 Billion Tonnes1 by the year

2023-2024 to meet with the anticipated demand that will come with this new amendment.

 

2. AP passed bills for three capital systems in the State.

Rajya Sabha passed 3 labour codes specifically, (i) Industrial Relations Code, 2020 (ii) Code on activity Safety, Health & operating Conditions Code, 2020 (iii) Social Security Code, 2020. Highlights:

  • These Labour Codes seek to boost the welfare of the employees within the country.
  • The social insurance Code provides a framework to incorporate organized and unorganized sector employees beneath the orbit of comprehensive social 2
  • It contains provisions concerning Employees’ Provident Fund Organisation (EPFO), Employees’ State Insurance (ESIC), building construction employees, maternity edges, gratuity and social insurance fund for unorganized sector employees.
  • These codes square measure in line with Centre’s Universal social insurance. Employees Labour Codes can harmonize the requirements of employees and business and can prove a vital milestone for the welfare of the employees.
  • The Labour Codes is anticipated to offer a giant boost to Sabka Sath, Sabka Vikas with Sabka Vishwas
  • New Labour Codes can cowl over fifty large integer employees from organized, unorganized and freelance for minimum wages, social insurance social insurance can enhance the putting in of “Social Security Fund” for forty large integer unorganized employees alongside GIG and platform employees.
  • The Codes can facilitate in widening Universal social insurance coverage.
  • It’ll Pay parity to girls employees as compared to their male counterparts.
  • According to the Laws, operating journalists definition can embrace Digital and Electronic Media.
  • Helpline to redress grievances of Migrant employees is going to be formed. These Labour Codes can establish answerable, clear, and straightforward mechanisms reducing to 1 registration, one license and one come back for all codes.

Ref – https://economictimes.indiatimes.com/industry/indl-goods/svs/metals-mining/coal-india-advances-target-fo r-one-billion-tonnes-production-by-two-years-to-2024/articleshow/71858137.cms?from=mdr

Ref – https://pib.gov.in/PressReleasePage.aspx

3. Approval of Ground Water Act 2020 by UP government.

Uttar Pradesh Chief Minister Yogi Adityanath chaired a state cabinet approved the ground Water Act, 2020. It aims to enhance the falling water level. spring water Act, 2020:

  • With Accordance to the bottom Water Act, 2020, registration is obligatory to put in submersible pumps.
  • The facility of online registration will also be offered under the Act.
  • The domestic users and farmers needn’t pay any fee.
  • A fresh water harvest system has been created obligatory altogether personal and government colleges and faculties.
  • Within the urban areas, if a landholder installs a submersible pump to make a house larger than three hundred sqm space, then it’ll be necessary to put in the fresh water harvest system pertaining to the new rules.
  • If somebody pollutes groundwater through boring pipes, then there’ll be a punishment prescribed and penalisation against him.
  • Boring corporations should get their registration done. The businesses ought to provide all the data and information relating to the same every 3 months.
  • The proposal of maps, of state and personal buildings will be cleared only if they have provision in the same to put in a fresh water harvest system.

Punishments and Penalties prescribed under the Act:

  • If an individual is caught for the primary time whereas polluting the water level, he can receive a penalty from half-dozen months up to one year and a penalty of Rs two.lakhs to 5 lakhs.
  • If caught for the second time (Repetition of crime), there’ll be a penalty of Rs.5 lakhs to 10 lakhs fine and possible penalty from two years to five years imprisonment, If an individual is caught for the third time, then he can face penalty from five years to seven years imprisonment and penalty from Rs.10 lakhs to Rs.20 lakhs fine.

Ref – https://www.medianama.com/2020/09/223-code-on-social-security-gig-platform-workers/

4. Odisha passed the Odisha State Backward Classes Amendment Bill.

The Odisha assembly passed the Odisha State Backward classes (Amendment) Bill4 on  seventeen February. The new Bill enables the Odisha State Commission for Backward categories Act, 1993. The modification can empower the Backward category Commission to conduct a survey to spot socially and economically backward categories within the state. it’ll conduct the survey on the idea of their socio-educational standing. The Bill was passed, without any dissent. Bill provision:

  • The Odisha state assembly passed a resolution to require up the survey of the social and academic conditions of individuals of backward categories (BC).
  • The modification was necessary to conduct a survey of the households of backward
  • So far, over 209 communities are known as socially and educationally backward categories (SEBC).5
  • Also, on 12th February, the Odisha regime well-grooved the Odisha State Commission for Backward categories headed by Retired Justice Raghunath Biswal as its chairman.

Ref – https://www.hindustantimes.com/india-news/odisha-passes-bill-to-identify-socially-backward-classes/story

-F857ZHN5LbBWjFSOdLoplO.html

Ref – http://www.stscodisha.gov.in/Pdf/SEBC_List_Orissa.pdf

 

5. Lok Sabha passed the 2020 Direct Tax Vivad Se Vishwas Bill.

On the 14th of March, Parliament passed the Vivad Se Vishwas Bill for settlement of direct tax disputes on 13 March 2020. The Bill was introduced in Lok Sabha (the lower house) by the Minister of Finance Nirmala Sitharaman on 5th of Feb 2020. Lok Sabha passed it on four March 2020. it’ll offer a chance to settle revenue enhancement disputes at intervals this year by waiving interest and penalty on their unfinished taxes.

Aim:

The Bill aims to increase the scope to hide judicial proceeding unfinished in numerous debt recovery tribunals (DRTs). it’ll offer a chance to settle revenue enhancement disputes at intervals this year by waiving interest and penalty on their unfinished taxes.

Bill Provision:

  • The revenue enhancement Vivad Se Vishwas Bill provides a technique for the resolution of unfinished tax disputes that are associated with revenue enhancement and corporation tax that involve Rs.9.32 Lakh.
  • It additionally defines Associate in Nursing appellant because the revenue enhancement authority, or the person, or both, whose charm is unfinished before any proceeding forum as on thirty one January 2020.
  • It’ll call tax disputes unfinished at the amount of commissioner (appeals), revenue enhancement proceeding Tribunals (ITAT), high courts (HCs), and also the Supreme Court (SC).
  • The taxpayers can profit from the Vivad Se Vishwas theme to settle the tax disputes before thirty one March 2020, as 100% additional are charged for settlement of disputes subsequently dated.
  • Also, relate to controversial interest or penalty solely, then 30% of controversial penalty or interest are paid if the payment is created by thirty one March 2020, on the far side that constant shall be increased to 30%. 

 

6. Maharashtra approves a bill on Caste Validity Certificate.

Maharashtra State Assembly approved a bill on caste validity certificate. The Bill was unanimously passed by the Maha state assembly on eleven March 2020.

Provision:

  • The Bill can permit gram panchayat members to submit their caste validity certificates inside a year of winning elections.
  • The Bill can make sure that the aspiring candidates don’t seem to be barred from contesting the elections if they do not have a caste validity certificate.
  • At the present, the candidate can ought to submit his/her caste validity certificate at the time of filing of nominations. The social justice and rural development departments were acting on a comprehensive policy to expedite the method of providing the validity certificate to those having caste certificates.

The Bill can permit gram panchayat members to submit their caste validity certificates among a year of winning elections.

 

7. Amendments to Insolvency and Bankruptcy Code Amendment Bill passed by the parliament

Parliament passed the insolvency and Bankruptcy Code (Amendment) Bill, 2020, on 12 March 2020. it had earlier passed in Lok Sabha on 6 March. The Bill can currently replace associate ordinance passed in 2019.

Bill Provision:

  • The amendments can introduce a mechanism to include viable changes within the
  • The Bill can take away bottlenecks and contour the company financial condition resolution method.
  • It aims to supply protection to new house owners|homeowners} of a loan defaulter company against prosecution for misdeeds of previous owners.
  • The creditors will initiate an associate financial condition resolution method if an organization defaults on its payments.
  • It empowers the resolution skilled to need suppliers to continue providing product and
  • The Bill provides that the corporate won’t be responsible for any offence committed before the financial condition resolution method if there’s a modification within the management or management of the corporate.

In short, As per the change, the creditors will initiate associate financial condition resolution method if a corporation defaults on its payments.

 

8. Aircraft Amendment Bill 2020

The Lok Sabha passed the aircraft (Amendment) Bill, 2020, on 17 March. The Bill was affected by the Union Civil Aviation Minister, Hardeep Singh Puri. The Bill aims to amend the aircraft Act, 1934.

Bill provision:

  • The Bill aims to convert 3 existing bodies as per the the Ministry of Civil Aviation, specifically the board General of Civil Aviation (DGCA), the Bureau of Civil Aviation Security (BCAS), and therefore the craft Accidents Investigation Bureau (AAIB), into statutory bodies underneath the Act.
  • Every of the statutory bodies are going to be headed by a Director-General World Health Organization and are going to be appointed by the centre.
  • The Bill empowers the central government to create rules on many matters, together with registration of craft, regulation of shipping services, and prohibition of flight over any nominative space.
  • The Bill penalty for numerous offences is imprisonment of up to 2 years, or a fine of up to Rs ten.lakh, or both. The offences embrace carrying arms, explosives, or alternative dangerous merchandise aboard craft, contravening any rules notified underneath the Act, associated constructing buildings or structures at intervals the desired radius around an landing field indicator.
  • The Bill can add air navigation services to the list that the central government will build.
  • The Bill empowers the central government to cancel the licences, certificates, or approvals granted to someone underneath the Act if the person contravenes any provision of the Act.

The Bill empowers the central government to create rules on many matters, as well  as registration of aircraft, regulation of air transportation services, and prohibition of flight over any fixed space.

 

9. Two Farm Reform Bills

Lok Sabha passed the Farmers’ turn out Trade and Commerce (Promotion and Facilitation) Bill, 2020 and also the Farmers (Empowerment and Protection) Agreement of value Assurance and Farm Services Bill, 2020. The Bills were aimed to rework agriculture within the country and raising farmers’ financial gain. The Bills were introduced in Lok Sabha by Union Minister of Agriculture & Farmers’ Welfare, Rural Development & Panchayati dominion Narendra Singh Tomar on fourteenth September 2020. The Bills can replace ordinances publicized on fifth June 2020.

Farmers’ turn out Trade and Commerce (Promotion and Facilitation) Bill, 2020:

  • The Bill seeks {to provide|to supply|to turn out} for the creation of an Associate in Nursing scheme wherever the farmers and traders will sell and get off farmers’ produce that facilitates remunerative costs through competitive various mercantilism channels.
  • The Bill can promote economical, clear and barrier-free inter-State and intra-State trade and commerce of farmers’ turn out outside physical premises of markets or deemed markets notified underneath varied State agricultural turn out market legislations.
  • The Bill additionally provides a helpful framework for electronic mercantilism and for matters connected with that or incidental to it.
  • The Bill opened a lot of opportunities for the farmer, cut back promoting prices for the farmers and facilitated them in recouping costs.
  • The Bill can facilitate farmers of regions with surplus turn out to urge higher costs and customers of regions with shortages, lower costs.
  • It additionally planned Associate in Nursing electronic mercantilism in dealing platform for guaranteeing a seamless trade electronically.

 Farmers (Empowerment and Protection) Agreement of value Assurance and Farm Services Bill, 2020

  • The Bill aims to supply for a national framework on farming agreements that protects and empowers farmers to interact with agri-business corporations, processors, wholesalers, exporters or giant retailers for farm services.
  • The Bill can transfer the chance of market unpredictability from the farmer to the This may modify the farmers to access trendy technology and higher inputs.
  • It seeks to scale back the value of promoting and improving financial gain of farmers. 

 

10.  Rajya Sabha passed Epidemic Diseases Amendment Bill 2020 to protect healthcare workers

Rajya Sabha, the upper House, passed the Epidemic Diseases amendment Bill, 2020 on 19 Sep 2020. The Bill aims to penalise the people United Nations agency attack medical experts or doctors who square measure fighting the covid-19 natural event or throughout any scenario the same as the present pandemic.

Epidemic Diseases amendment Bill, 2020:

  • The Bill seeks to form a positive view that there’s associate angle of intolerance towards violence against individuals operating within the health care sector, particularly amid the covid-19 pandemic.
  • As per the Bill, if any harm is caused to clinical institutions, quarantine & isolation facilities of patients, the other property related to health care personnel or mobile medical units throughout a plague, penal provisions may be aggravated.
  • It approves a penalty starting from Rs.50,000 to Rs.2,00,000 on any people United Nations agency is concerned within the commission or encouragement of such acts of violence.
  • The Bill provides a jail term of up to five years for those that attack doctors and health care personnel.

Background:

Earlier, the GoI enforced the Epidemic Diseases (Amendment) Ordinance 2020 to amend the Epidemic Diseases Act, 1897 with the aim to supply protection to health care service personnel, their living premises, and their workplaces against any violence throughout the course of a plague.

 

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