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Forest (Conservation) Amendment Bill, 2023 to amend the Forest (Conservation) Act, 1980
On 29-3-2023, the Bill was introduced in Lok Sabha by the Union Minister for Environment and Climate Change, Bhupender Yadav, and passed on 26-7-2023.
Proposed Changes/ Objective of Bill:
- Insertion of Preamble that focuses on achieving the country’s rich tradition of preserving forest, their biodiversity and tackling climate changes challenges within its ambit by:
✓ achieving national targets of Net Zero Emission by 2070
✓ maintain or enhance the forest carbon stocks through ecologically balanced sustainable development
✓ Nationality Determined Contribution targets creating carbon sink of additional 2.5 to 3.0 billion tons of CO2 equivalent by 2030
- It proposes to clarify the scope of applicability of the Act upon various lands so as to remove ambiguities and bring clarity;
- It further proposes to exempt certain categories of lands from the purview of the Act:
✓ to fast track strategic and security related projects of national importance;
✓ to provide access to small establishments, habitations on the side of public roads and railways; and
✓ to encourage plantation on non-forest land
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Further, the bill proposes to include more activities, which are taken up for the cause of conservation of forest and wildlife into the array of forestry activities.
- Insertion of Preamble that focuses on achieving the country’s rich tradition of preserving forest, their biodiversity and tackling climate changes challenges within its ambit by:
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Cinematograph (Amendment) Bill, 2023 to amend the Cinematograph Act, 1952
On 20-7-2023, the Bill was introduced in Rajya Sabha by the Union Information and Broadcasting Minister, Anurag Singh Thakur, and passed on 27-7-2023.
Proposed Changes/ Objective of Bill:
- To introduce the age- based certification in “UA” category into three age-based categories, namely ‘‘UA 7+’’, ‘‘UA 13+’’ and ‘‘UA 16+’’ and also to empower the Board to sanction the film with a separate certificate for its exhibition on television or other media.
- To address the issue of unauthorized recording and exhibition of films and curb the menace of film piracy by transmission of unauthorized copies on the internet.
- To improve the procedure for certification of films for public exhibition by the Central Board of Film Certification, as well as to improve the categorizations of the certification of the films.
- To harmonize the law with extant executive orders, judicial decisions and other relevant legislations.
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The amendments proposed aim to make the certification process more effective, in tune with the present times, and comprehensively curb the menace of film piracy, and thus help in faster growth of the film industry and boost job creation in the sector.
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Mines and Minerals (Development and Regulation) Amendment Bill, 2023 to amend the Mines and Minerals (Development and Regulation) Act, 1957
On 26-7-2023, the Bill was introduced in Lok Sabha by the Union Minister for Coal and Mines, Pralhad Joshi, and passed on 28-7-2023.
Proposed Changes/ Objective of Bill:
- To introduce exploration licence for deep-seated and critical minerals which will be granted through auction and will permit the licencee to undertake reconnaissance and prospecting operations for critical and deep-seated minerals mentioned in the newly proposed the Seventh Schedule to the Act. It will fetch better revenue to the State Governments. The country is mostly dependent on imports of minerals like gold, silver, copper, zinc, lead, nickel, cobalt, platinum group of minerals, diamonds, etc. The proposed exploration licence will facilitate, encourage and incentivize private sector participation in all spheres of mineral exploration for critical and deep-seated minerals.
- To omit 6 minerals from the list of 12 atomic minerals specified in Part-B of the First Schedule to the Act, namely,
- Beryl and other beryllium-bearing minerals
- Lithium-bearing minerals,
- Niobium-bearing minerals,
- Titanium bearing minerals and ores,
- Tantallium-bearing minerals and
- Zirconium-bearing minerals and ores.
These above-mentioned minerals have various applications in space industry, electronics, communications, energy sector, electric batteries and are also critical in net-zero emission commitment of India. The mining of these minerals is reserved for government entities as they are included in the list of atomic minerals. As proposed, if these minerals are removed from the list, exploration and mining of these minerals will be opened up for the private sector as well.
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To empower the Central Government to exclusively auction mining lease and composite licence for certain critical minerals listed in new Part-D of the First Schedule. As these critical minerals are indispensable for the growth of our economy, authorizing the Central Government to auction concession for these critical minerals will increase the pace of auction and early production of the minerals. Even in the case of conduct of auction by the Central Government, the mineral concession will be granted to the selected bidders by the State Government only and the auction premium and other statutory payments will accrue to the State Government.
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National Nursing and Midwifery Commission Bill, 2023
On 24-7-2023, the Bill was introduced in Lok Sabha by the Union Minister for Health, Mansukh Mandaviya, and passed on 28-7-2023.
Proposed Changes/ Objective of Bill:
- To constitute a National Nursing and Midwifery Commission for development and regulation of all aspects relating to nursing and midwifery education, institution and profession.
- To develop a Nursing and Midwifery Advisory Council to advise and make recommendations to the National Commission.
- To constitute 3 Autonomous Boards-
- Nursing and Midwifery Undergraduate and Postgraduate Education Board
- Nursing and Midwifery Assessment and Rating Board
- Nursing and Midwifery Ethics and Registration Board
- To develop a uniform mechanism for admission.
- To develop a mechanism for Enrolment in National Register or the State Register and for granting license to practice as a nursing and midwifery professional.
- To maintain an online and live National Register containing the name, address, all recognized qualifications possessed by a nursing professional, midwifery professional, nursing associate and midwifery associates.
- To constitute a National Nursing and Midwifery Commission Fund for crediting all fees, penalties and charges received by the National Commission and the Autonomous Boards
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To repeal Indian Nursing Council Act, 1947 and to dissolve Indian Nursing Council.
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National Dental Commission Bill, 2023
On 24-7-2023, the Bill was introduced in Lok Sabha by the Union Minister for Health, Mansukh Mandaviya, and passed on 28-7-2023.
Proposed Changes/ Objective of Bill:
- To constitute a National Dental Commission for development and regulation of all aspects relating to dental education, dental profession and dental institutions.
- To develop a Dental Advisory Council to advise and make recommendations to the Commission.
- To constitute 3 Autonomous Boards-
- Under-Graduate and Post-Graduate Dental Education Board-
- Dental Assessment and Rating Board
- Ethics and Dental Registration Board
- To form a uniform National Exit Test (Dental) for granting license and to enroll in State Register/ National Register.
- To recognize dental qualification granted by universities and dental institutions in and outside India.
- To maintain an online and live National Register containing the name, address, recognized qualifications possessed by a licensed dentist and a separate National Register for Dental Auxiliaries
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To repeal the Dentists Act, 1948 and to dissolve the Dental Council of India.
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Registration of Births and Deaths (Amendment) Bill, 2023 to amend the Registration of Birth and Deaths Act, 1969 [Received President’s Assent]
On 29-3-2023, the Bill was introduced in Lok Sabha by the Home Minister, Amit Shah, and passed on 1-8-2023.
Proposed Changes/ Objective of Bill:
- To insert provisions for digital registration and electronic delivery of certificate of births and deaths for the benefit of public at large;
- To create a national and state level database of registered births and deaths which will help in updating other databases resulting in efficient and transparent delivery of public services and social benefits.
- To provide for use of the birth certificate as a single document to prove the date and place of birth of a person born on or after the date of commencement of the registration of Births and Deaths (Amendment) Act, 2023.
- To change the ordering authority from magistrate of the first class or presidency magistrate to district magistrate or sub-divisional magistrate or an executive magistrate authorised by the district magistrate in the case of delayed information of any birth or death to the registrar after one year of its occurrence and submission of self-attested document instead of an affidavit made before a notary public in the case of delayed information of any birth or death to the registrar after thirty days but within one year of its occurrence.
- To facilitate registration process of adopted, orphan, abandoned, surrendered, surrogate child and child to a single parent or unwed mother.
- To make it mandatory for all medical institutions to provide a certificate as to the cause of death to the registrar and a copy of the same to the nearest relative.
- To appoint special “sub-registrars” in the event of disaster or epidemic for speedy registration of deaths and issue of certificates.
- To collect Aadhaar numbers of parents and informant, if available, in case of birth registration.
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To enhance the penalties provided in the act.
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Government of National Capital Territory of Delhi (Amendment) Bill, 2023 to amend the Government of National Capital Territory of Delhi Act, 1991
On 1-8-2023, the Bill was introduced in Lok Sabha by the Home Minister, Amit Shah, and passed on 3-8-2023 in Lok Sabha and on 7-8-2023 in Rajya Sabha.
Proposed Changes/ Objective of Bill:
- To define the terms “lieutenant governor” and “minister”.
- To insert a new part IV-A in the act relating to the maintenance of democratic and administrative balance in the governance of the national capital territory of Delhi, which will provide for:
(i) definitions of certain terms used in Part IV-A;
(ii) public service commissions for the national capital territory of Delhi;
(iii) empowering the central government to make rules in connection with the affairs of the government of national capital territory of Delhi including the functions, terms and other conditions of service of officers and employees;
(iv) constitution of the national capital civil service authority, the powers and functions of the authority and other incidental matters;
- For removal of difficulties by a Presidential Order, in case of any difficulty arises in giving effect to the provisions of newly inserted part IV-A in the act;
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To repeal the National Capital Territory of Delhi (Amendment) Ordinance, 2023.
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Press and Registration of Periodicals Act, 2023
On 1-8-2023, the Bill was introduced in Rajya Sabha by the Union Minister of Information and Broadcasting and Youth Affairs and Sports, Anurag Singh Thakur, and passed on 3/8/2023.
Proposed Changes/ Objective of Bill:
- Simple online process of title verification and registration of periodicals by the Press Registrar General.
- Furnishing of intimation in online portal by the printer to the Press Registrar General and specified Authority.
- Specific provision relating to circulation and verification of newspapers.
- Suspension or cancellation of the certificate of registration of periodicals by the Press Registrar General under specified circumstances.
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Substantive Decriminalization of the provisions relating to violation of various provisions and imposition of financial penalties by the Press Registrar General.
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Advocates (Amendment) Act, 2023 to amend the Advocates Act, 1961
On 1-8-2023, the Bill was introduced in Rajya Sabha by the Union Minister of State for Law and Justice and Minister of State for Parliamentary Affairs and Culture, Arjun Ram Meghwal, and passed on 3-8-2023.
Proposed Changes/ Objective of Bill:
To incorporate the Provisions of Section 36 of the Legal Practitioners Act, 1879 on the Advocates Act, 1961.
Note: As per the Government’s Policy of repealing all obsolete laws or pre-independence Acts which have lost their utility, the Government of India in consultation with the Bar Council of India decided to repeal the Legal Practitioners Act, 1879 as all aspects which are dealt with in the Legal Practitioners Act, 1879 are already covered under the Advocates Act, 1961, except sections 1, 3 and 36 that have been repealed vide Section 50 (5) (a) of the Advocates Act, 1961. It will reduce the number of superfluous enactments in the statute book and will also help to regulate the legal profession by a single Act, the Advocates Act, 1961.
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Constitution (Scheduled Castes) Order (Amendment) Bill, 2023 to amend the Constitution (Scheduled Castes) Order, 1950
On 24-7-2023, the Bill was introduced in Lok Sabha by the Union Minister of Social Justice and Empowerment, Dr. Virendra Kumar, and passed on 1-8-2023. Further, the Rajya Sabha also passed the Bill on 9-8-2023.
Proposed Changes/ Objective of Bill:
To include Mahra and Mahara communities of Chhattisgarh in the list of Scheduled Castes.
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Offshore Areas Mineral (Development and Regulation) Amendment Bill, 2023 to amend the Offshore Areas Mineral (Development and Regulation) Act, 2002 [Received President’s assent]
On 27-7-2023, the Bill was introduced in Lok Sabha by the Union Minister of Coal and Mines, Pralhad Joshi, and passed on 1-8-2023. Further, the Rajya Sabha also passed the Bill on 3-8-2023.
Proposed Changes/ Objective of Bill:
- To provide for grant of production lease to private sector only through auction by competitive bidding.
- To provide for grant of operating rights without competitive bidding to a Government or a Government company or a corporation in the mineral bearing areas reserved by the Central Government.
- To introduce composite license, which is a two-stage operating right granted for the purpose of undertaking exploration followed by production operation. The composite license can be granted only through auction by competitive bidding to private sector.
- To provide that in case of atomic minerals, grant of exploration license or production lease shall be made only to a Government or a Government company or a corporation.
- To remove the provision for renewal of production lease and provide a fixed period of 50 years for production lease similar to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.
- To limit the area a person can acquire in respect of any mineral or a group of associated minerals.
- To establish an offshore areas mineral trust to maintain a non-lapsable fund under the public account of India to ensure availability of funds for exploration, mitigation of adverse impact of offshore mining, disaster relief, research, work for interest and benefit of the persons affected by exploration or production operations, etc.
- To remove the impasse in the sector, auction will be introduced as the only method of selection for grant of composite license or production lease under sections 12 and 13 of the Act, and all applications received prior to the date of commencement of the proposed legislation will become ineligible. Similarly, any holder of an exploration license granted pursuant to an application received prior to the coming into the force of the proposed legislation shall also become ineligible for grant of production lease.
- To introduce timeline of 4 years (extendable by one year) for commencement of production and dispatch after the execution of production lease and timeline of 2 years (extendable by one year) for re-commencement of production and dispatch after discontinuation.
- To enable the Central Government to frame rules for the conservation and systematic development of minerals in offshore areas and for the protection of environment by preventing or controlling any pollution which may be caused by exploration or production operations.
- To provide for transfer of composite licence or production lease to promote ease of doing business.
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To increase the amount of fine for illegal mining and other offences.
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Pharmacy (Amendment) Bill, 2023 to amend the Pharmacy Act, 1948
On 3-8-2023, the Bill was introduced in Lok Sabha by the Union Minister of Health and Family Welfare, Mansukh Mandaviya, and passed on 7-8-2023.
Proposed Changes/ Objective of Bill:
To insert the below mention in Section 32 C of the Pharmacy Act, 1948:
“Notwithstanding anything contained in section 32, any person whose name has been entered in the register of pharmacists maintained under the Jammu and Kashmir Pharmacy Act, 2011 or possesses qualification (medical assistant/ pharmacists) prescribed under the said Act shall be deemed to have been entered in the register of pharmacists prepared and maintained under Chapter IV of this Act, subject to condition that an application to be made in this behalf within a period of one year from the commencement of the Pharmacy (Amendment) Act, 2023 and on payment of such fee, and in such manner, as may be prescribed by the Government of Union territory of Jammu and Kashmir and the Administration of Union territory of Ladakh.”
Note: The Pharmacy Act, 1948 was adopted in the Union Territory of Ladakh vide Statutory Order dated 23-10-2020 of Ministry of Home Affairs introducing a section 32C in the Pharmacy Act, 1948. But it was never actually amended in the Pharmacy Act, 1948 and remained a part of the Statutory Order dated 23-10- 2020. Hence, to remove the ambiguity, the insertion was proposed.
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Digital Personal Data Protection Bill, 2023 [Received President’s assent]
On 3-8-2023, the Bill was introduced in the Lok Sabha by the Union Minister of Railway, Communication and Electronics and Information Technology, Ashwini Vaishnaw, and passed on 7-8-2023.
Proposed Changes/ Objective of Bill:
- To provide protection of digital personal data.
- To lay down grounds for processing personal data.
- To place general and in certain cases special obligations on entities that process personal data.
- To confer rights in respect of their personal data on individuals.
- To provide for duties to be performed by individuals while exercising their rights and providing their personal data for certain purposes.
- To lay down a digital by design compliance framework for easy and faster implementation of the proposed Legislation.
- To enable parties to a dispute to attempt resolution of the dispute through alternat process and person of their choice.
- To provide monetary penalties for lapses and non-compliance of the provisions of the proposed Legislation.
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To enable voluntary undertaking to encourage faster resolution and rectification of lapses.
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Anusandhan National Research Foundation Bill 2023
On 4-8-2023, the Bill was introduced in Lok Sabha by the Minister of State for Science and Technology, Prime Minister’s Office, Personnel, Public Grievances and Pensions, Department of Atomic Energy and Department of Space, Dr. Jitendra Singh, and passed on 7-8-2023.
Proposed Changes/ Objective of Bill:
- The Bill proposes to enact a new Legislation with a view to establish the Anusandhan National Research Foundation (Foundation) to provide high level strategic direction for research, innovation and entrepreneurship in the fields of natural sciences including mathematical sciences, engineering and technology, environmental and earth sciences, health and agriculture, as well as scientific and technological interfaces of humanities and social sciences, and to repeal the Science Act. The proposed new Legislation intends to enhance India’s national research infrastructure, knowledge enterprise, and innovation potential, for scientific pursuit.
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The bill also seeks to create a very vibrant globally competent scientific ecosystem.
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Indian Institute of Management (Amendment) Bill, 2023 to amend the Indian Institute of Management Act, 2017 [Received President’s assent]
On 28-7-2023, the Bill was introduced by the Lok Sabha by the Minister of Education, Dharmendra Pradhan, and passed on 4-8-2023.
Proposed Changes/ Objective of Bill:
- To insert a new sub-section (1A) in Section 4 of the Act to provide that the National Institute of Industrial Engineering, Mumbai will be called the Indian Institute of Management, Mumbai and all the provisions of the Indian Institutes of Management Act, 2017 will apply to such Institute.
- To amend Section 10 of the Act to provide that the Chairperson of the Board of Governors shall be nominated by the Visitor and to empower the Central Government to constitute an interim Board in case of suspension or dissolution of the said Board of Governors.
- To insert a new section 10A to provide that the President of India shall be the Visitor of every Institute.
- To amend Section 16 of the Act to provide that the Director of the Institute will be appointed out of the panel of names recommended by a search-cum-selection committee to be constituted by the Board consisting of such Members as mentioned in sub-section (3) of said section.
- To amend Section 29 of the Act relating to the “Coordination Forum of the Institute” so as to provide that an eminent person to be nominated by the Visitor will be the Chairperson of the said Forum.
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To amend the Schedule to the Act so as to insert the National Institute of Industrial Engineering, Mumbai in the list of the Institutes to be called as Indian Institute of Management, Mumbai which is of consequential in nature.
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Coastal Aquaculture Authority (Amendment) Bill, 2023 to amend the Coastal Aquaculture Authority Act, 2005
On 5-4-2023, the Bill was introduced in Lok Sabha by the Union Minister of Fisheries, Animal Husbandry and Dairying, Parshottam Rupala, and passed on 7-8-2023.
Proposed Changes/ Objective of Bill:
- Reiterate and clarify that while coastal aquaculture and activities connected therewith are permitted activities within the Coastal Regulatory Zone under the Coastal Regulatory Zone notifications, it should be continued to be regulated by the Coastal Aquaculture Authority Act and no other Acts.
- To decriminalize the offences under the Act for promoting ease of doing business and to finetune the operational procedures of Coastal Aquaculture Authority to make it more responsive to the needs of the stakeholders.
- To promote newer forms of environment friendly coastal aquaculture such as cage culture, seaweed culture, bi-valve culture, marine ornamental fish culture and pearl oyster culture which has the potential for creating additional employment opportunities on a large scale for coastal fisher communities especially fisherwomen.
- To usher in global best practices in this sector, including mapping and zonation of aquaculture areas, quality assurance and safe aquaculture products.
- To encourage establishment of facilities in areas having direct access to seawater to produce genetically improved and disease free brood stocks and seed for use in coastal aquaculture.
- To prevent the use of antibiotics and pharmacologically active substances which are harmful for human health in coastal aquaculture.
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To promote production, productivity and exports, traceability and increased competitiveness and entrepreneurship leading to sustained increase in incomes, employment and economic activity in rural areas along the coast in an environmentally sustainable manner.
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Central Goods and Services Tax (Amendment) Bill, 2023 and IGST (Amendment) Bill, 2023
Lok Sabha has passed amendments to two Goods and Services Tax (GST) bills for levying 28 per cent tax on online gaming, casinos and horse race clubs during the monsoon session of Parliament.
- Insertion of a provision in the Schedule III of the CGST Act, 2017, to provide clarity on the taxation of supplies in casinos, horse racing and online gaming.
- Insertion of a provision to impose GST liability on online money gaming provided by offshore entities. Such entities would be required to get GST registration in India.
- Blocking access to online gaming platforms located overseas in case of failure to comply with registration and tax payment provisions.
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