IMPORTANT LEGISLATURE/BILLS

1.MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL, 2022

“Multi-State Co-operative Societies (Amendment) Bill-2022 Referred to Joint Committee of Parliament by Lok Sabha”

The Multi-State Co-operative Societies (Amendment) Bill-2022 seeks to amend the MSCS Act, 2002 in light of the 97th Constitutional Amendment Act, 2011. The objective of the bill is to improve transparency, accountability, ease of doing business, and financial discipline in cooperatives. Cooperatives are voluntary associations of individuals who join hands to achieve common economic interests and provide support to their members, especially the poorer sections of society, through self-help and mutual help principles. Cooperatives are a state subject, mainly dealt with by State Governments and Union Territory Administrations, with guidance from the Central Government. India has three cooperative societies, namely Amul, IFFCO, and KRIBHCO, among the 300 largest cooperatives in the world. Maharashtra has the highest number of cooperatives at 567, followed by Uttar Pradesh and New Delhi.

The Multi-State Cooperative Societies Act of 2002 was introduced to consolidate and amend laws related to cooperative societies that serve the interests of members across multiple states. The Act aimed to facilitate the voluntary formation and democratic functioning of cooperative societies as institutions based on self-help and mutual aid. The objective of the Act was to enable these societies to promote the economic and social betterment of their members while also providing them with functional autonomy.

Government e-Marketplace (GeM)

Cooperatives in India will now be able to procure goods and services through the Government e-Marketplace (GeM) portal, similar to other government buyers. GeM is a one-stop portal developed by the Directorate General of Supplies and Disposals under the Ministry of Electronics, which provides economies of scale through online procurement of goods and services. The Ministry of Finance has made it mandatory for government users to make purchases through GeM. Eligible cooperatives with a turnover and deposits of at least ₹100 crore will be able to place orders on the GeM portal, providing them with cost efficiency. Previously, cooperatives had been purchasing goods and services from the open market.

2.FOREIGN CONTRIBUTION REGULATION ACT (FCRA)

“Central Government Notifies Foreign Contribution (Regulation) Amendment Rules, 2022 to Reduce Compliance Burden on Citizens”The Indian government has amended the Foreign Contribution (Regulation) Rules, 2011 to allow individuals to send up to ₹10 lakh without informing the government. Entities such as political parties, government servants, judges, and journalists who were earlier barred from receiving foreign contributions can now receive them. The time limit for intimation to the Central Government for obtaining registration or prior permission under FCRA to receive funds has been increased from 15 days to 45 days. Additionally, the list of compoundable offenses under FCRA has been increased from 7 to 12 in a separate notification.

FCRA: Purpose and Provisions

Under the Foreign Contribution (Regulation) Act (FCRA), foreign contribution refers to any donation, delivery or transfer made by a foreign source of any article, currency, or security. The implementation of FCRA is overseen by the Ministry of Home Affairs (MHA) and supported by the Intelligence Bureau in approvals and rejections through investigations into the antecedents of foreign sources.

FCRA Act: Major Provisions of post 2020 amendment

The Foreign Contribution (Regulation) Amendment Rules, 2022 specify certain details regarding the regulation of foreign funds received by NGOs in India. These include mandatory registration and Aadhaar submission for office-bearers of NGOs to receive foreign funds, prohibition of receipt of foreign funds without prior permission, the requirement of a designated FCRA account to receive foreign funds, and the validity of FCRA registration for five years with the need for renewal within six months of expiry. The use of funds is limited to the purpose for which it was received, with a maximum limit of 20% for administrative expenses. Compulsory filing of annual returns is required, and the government can restrict usage of unutilized foreign contribution after an inquiry in case of any contraventions.

3.MODEL TENANCY ACT, 2021

Four Indian states revise tenancy laws to align with Model Tenancy Act (MTA).

About Model Tenancy Act (MTA), 2021

The Ministry of Housing and Urban Affairs (MoHUA) has approved the Model Tenancy Act (MTA) 2021 to facilitate the renting process of properties in all states and union territories in India. The act is a suggestive framework and not binding, and its purpose is to aid the rental economy in the real estate sector. Jammu and Kashmir became the first union territory to adopt the MTA in 2021, and the act replaces the existing tenancy provisions of the East Punjab Urban Rent Restriction Act, which is more than 70 years old.

Key highlights of MTA, 2021:

The Model Tenancy Act (MTA) 2021 is a suggestive framework to regulate rental housing and agreements for premises let out for residential, commercial or educational use, excluding industrial use, hotels, lodging houses, inns, etc. The Act requires a written agreement and security deposit of a maximum of two months’ rent for residential properties and a minimum of six months’ rent for non-residential properties. The tenant may request the landlord for the renewal or extension of the tenancy period, and subletting is only allowed with the landlord’s prior consent. The Act also establishes a three-tier quasi-judicial dispute adjudication mechanism comprising Rent Authority, Rent Court and Rent Tribunal to resolve disputes and reduce the burden of tenancy disputes from civil courts. The eviction process requires an application to the Rent Authority for eviction, and conditions for eviction include refusal to pay agreed-upon rent, failure to pay rent for more than two months, occupation of part or whole of premises without written consent, and misuse of premises despite a written notice.

4.CRIMINAL PROCEDURE (IDENTIFICATION) RULES, 2022

Notification of Criminal Procedure (Identification) Rules, 2022 by Ministry of Home Affairs

About Criminal Procedure (Identification) Act (CPA), 2022

The Criminal Procedure (Identification) Act, 2022 has repealed the Identification of Prisoners Act, 1920 and expanded the scope of “measurements” that can be taken to uniquely identify a person involved in a crime, which will help investigating agencies in solving criminal cases.

Key Provisions of Criminal Procedure (Identification) Act (CPA), 2022

The Criminal Procedure (Identification) Act, 2022 expands the scope of ‘measurements’ that can be collected from individuals involved in any crime. The details collected will be retained digitally or electronically for 75 years and resistance to giving details will be considered an offense. The National Crime Records Bureau is empowered to collect and store these details from state governments and other law enforcement agencies.

Comparison of key provisions of 1920 Act and 2022 Act

Parameter	1920 Act	2022 Act
Data permitted to be collected	Fingerprints, foot-print impressions, photographs.	Adds: Biological samples, iris and retina scan, behavioural attributes, examinations under sections 53 and 53A of CrPC.
Persons whose data may be collected	Convicted or arrested for certain offences, persons ordered to give security, Magistrate’s order.	Expanded to include any arrested or convicted person, persons detained under preventive detention law, and any person on Magistrate’s order.
Persons who may require/direct collection of data	Investigating officer, officer in charge of police station, or of rank Sub-Inspector or above, Magistrate.	Expanded to include officer in charge of police station or of rank Head Constable or above, Head Warden of a prison, Metropolitan Magistrate or Judicial Magistrate of first class, and Executive Magistrate.
Rule-making power with regard to manner of collecting details	Vested in state government.	Now vested in both State and Central governments.

Note: The 2022 Act expands the scope of the 1920 Act to include more types of data, persons from whom data can be collected, authorities that may authorize such collection, and rule-making power. It also requires that details collected be retained in digital or electronic form for 75 years from the date of collection and makes resistance or refusal to give details an offense under the Indian Penal Code.

5.MEDIATION BILL 2021

“Parliamentary Standing Committee on Law and Justice Recommends Substantial Changes to Mediation Bill, 2021”

About mediation

Mediation is a voluntary form of Alternative Dispute Resolution (ADR) in which parties try to settle disputes with the assistance of an independent third person (the mediator). The mediator does not impose a solution on the parties but creates a conducive environment in which they can resolve their dispute. In 2019, India signed the Singapore Convention on Mediation, which provides a framework for cross-border enforcement of settlement agreements resulting from international mediation, but it has not yet been ratified.

Mediation in India

Section 89 of the Code of Civil Procedure, 1908, introduced mediation in 2002 as a means for dispute resolution. The Arbitration and Conciliation Act, 1996 also provides for the use of mediation without court intervention. The Companies Act, 2013 mandates the central government to maintain a mediation and conciliation panel. The Consumer Protection Bill, 2015 provides for mediating disputes before any consumer disputes redressal agency. In 2021, the Mediation Bill was introduced in parliament.

Key Highlights of Mediation Bill, 2021

The Mediation Bill 2021 applies to mediations conducted in India involving domestic parties or at least one foreign party and relating to a commercial dispute. Parties must attempt to settle disputes by mediation before approaching any court or tribunal. The court or tribunal may refer parties to mediation if they request it. The mediation process will be confidential and must be completed within 180 days. Mediators can be appointed by parties by agreement or a mediation service provider. The Mediation Council of India (MCI) will be established by the Central government, consisting of a chairperson, two full-time members, three ex-officio members, and a part-time member from an industry body. Agreements resulting from mediation will be final, binding, and enforceable in the same manner as court judgments. The bill incorporates the definition of international mediation and provisions of the Singaporean Convention. Community mediation aims to resolve disputes likely to affect the peace and harmony amongst residents of a locality.

6.REGISTRATION OF PRESS AND PERIODICALS BILL

Government to introduce a bill to revise Press and Registration of Book (PRB) Act, 1867.

The PRB Act of 1867 allowed the government to regulate the press and book publishing, which led to a restriction on freedom of speech and expression. The act required printers of newspapers to deliver two copies of each issue to the government and one copy to the Press Registrar. It also enabled the Central Government to appoint a Registrar of newspapers and required every printed book or paper to have the name of the printer, publisher, and place of publication printed legibly on it.

Salient features of Draft Registration of Press and Periodicals Bill

The proposed bill aims to regulate digital media and simplify the process of registration of e-papers, while also empowering the government entity to take action against violations and impose penalties. The bill also enables the central and state governments to frame appropriate rules and regulations concerning government advertisements, newspaper accreditation, and other related facilities. An appellate board called the Press and Registration Appellate Board will be established, consisting of the Chairman of the Press Council of India and one member nominated by the PCI, to make binding decisions on appeals.

TO THE POINT

1.Passage of Constitutional (SC/ST) Orders (Amendment) Bill, 2022 to Omit Bhogta Community from SC List and Include Them in ST List.The President has issued an order to amend the Constitutional (SC/ST) Orders by omitting the Bhogta community of Jharkhand from the SC list and including them in the ST list along with other communities. The addition of four tribes to the ST list has also been approved, namely Hatti tribe in Himachal Pradesh, Narikoravan and Kurivikkaran hill tribes of Tamil Nadu, and Binjhia in Chhattisgarh. The Lok Sabha has passed a bill to give tribal status to the Betta-Kuruba community living in Chamarajnagar, Kodagu, and Mysuru districts of Karnataka. The community is involved in the collection of forest produce and bamboo, uses primitive hunting tools, and follows animism.

2.Karnataka Legislative Council passed Karnataka Right to Freedom of Religion Bill.Currently, there is no central legislation regulating or restricting religious conversions in India. However, some states have enacted laws to restrict conversions by force, fraud, or inducements. The Supreme Court of India has upheld the anti-conversion laws of Madhya Pradesh and Odisha in the Rev. Stanislaus vs State of Madhya Pradesh case in 1977, stating that the Right to Convert is not included in Article 25 of the Constitution.

3.SC refuses petition to enforce Places of Worship Act 1991 in Jain community dispute.The Places of Worship (Special Provisions) Act 1991 prohibits the conversion of any place of worship and aims to maintain the religious character of any place of worship as it existed on August 15, 1947. The Act does not apply to the Ram Janmabhoomi-Babri Masjid case and does not apply to ancient and historical monuments and archaeological sites and remains that are covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The Act also bars the conversion of a place of worship of any religious denomination into a place of worship of a different religious denomination or even a different segment of the same religious denomination. Any legal proceeding regarding the conversion of religious character of any place of worship existing on August 15, 1947, pending before any court, shall abate and no fresh suit or legal proceedings shall be instituted.

4.Delhi High Court asks Centre to file submissions on challenge to Constitutional (One Hundred and Fourth Amendment) Act, 2019.The Constitutional (One Hundred and Fourth Amendment) Act, 2019 removed the nomination-based representation of the Anglo-Indian community in the Lok Sabha and Legislative Assemblies. The amendment also extended the deadline for the cessation of reservation of seats in the Lok Sabha and state legislative assemblies for members of Scheduled Castes and Scheduled Tribes by ten years. Before the amendment, Article 331 provided for the nomination of two Anglo-Indians to the Lok Sabha and Article 333 provided for the nomination of one member of that community to Legislative Assemblies.

5.SC recently struck down certain provisions of Benami Transactions (Prohibition) Act of 1988.The 1988 Benami Transactions Prohibition Act aimed to prohibit and recover property held through benami transactions, but due to the absence of proper implementation rules, regulations, and procedures, it was ineffective. A benami transaction involves the transfer of property to one person for consideration paid by another person, with the intention of disguising real ownership for reasons like tax avoidance, secrecy, and illegal parking of money. The 2016 amendment expanded the scope of the law and the punishment for benami transactions and added a provision for confiscation of property obtained through benami transactions.

6.CBI registers FIRs against officials managing enemy properties for allegedly leasing out prime commercial land.The Enemy Property Act, 1968 was enacted to govern the properties of those who migrated to Pakistan and China after the India-Pakistan wars of 1965 and 1971, and were considered enemies. These properties were taken over by the Indian government and vested in the Custodian of Enemy Property for India. In 2017, an amendment to the Act was made, stating that the enemy properties shall continue to be vested in the Custodian even if the enemy or enemy subject or enemy firm ceases to be an enemy.

7.Amendment to Code allows national flag to be flown day and night if hoisted in the open or on house of public member.The Flag Code of India has been amended to allow the national flag to be flown at day and night if it has been hoisted in the open or on the house of a member of the public. The code governs the display of the national flag by private, public, and government institutions. Additionally, changes were made to the FCI 2002 to permit machine-made polyester to be used in the production of the national flag, while the earlier rule allowed only flags made of handspun and handwoven khadi. The FCI allows the unrestricted display of the tricolor as long as the honor and dignity of the flag are being respected. The FCI is divided into three parts, namely, a general description of the tricolor, rules on display by public and private bodies and educational institutions, and rules for display by government and government bodies.