Cabinet DecisionsLegislation Updates

The Union Cabinet has given ex-post facto approval to the Memorandum of Understanding (MoU) between India and Switzerland on Technical Cooperation in the field of Climate Change and Environment. The MoU was signed in Switzerland on 13-09-2019.

Major impact:

Environmental degradation falls on the socially and economically disadvantaged, more heavily than the better of sections of the society. Any effort at thwarting environmental degradation would lead to environmental equity in the sense of availability of sound environmental resources to all sections of the society.

Benefits:

The MoU will enable establishment and promotion of closer and long-term cooperation between the two countries in the field of environmental protection and management of natural resources on the basis of equity, reciprocity and mutual benefits, taking into account the applicable laws and legal provisions in each country. It will enhance public accountability by way of exchange of information and technology between the two countries. Further, It is expected to bring in the latest technologies and best practices suited for bringing about better environment protection, better conservation, better management of climate change and wildlife protection/conservation.

Salient features:

  1. Capacity-building on Climate Change and Sustainable Water management;
  2. Sustainable Forest Management;
  3. Sustainable development of mountainous regions;
  4. Environmentally sustainable and resilient urban development;
  5. Addressing issues of Air, land and water pollution;
  6. Focussing on Clean and Renewable Energy; and
  7. Climate change risk management.

[Source: PIB]

Press Release dt. 07-11-2019

Business NewsNews

A formal Memorandum of Understanding (MOU) was signed between the Ministry of Corporate Affairs (MCA), Government of India and the Securities and Exchange Board of India (SEBI) today for data exchange between the two regulatory organizations. The MoU was signed by Shri KVR Murty, Joint Secretary, MCA and Smt. Madhabi Puri Buch, Whole Time Member, SEBI in the presence of senior officers from both the organizations.

The MoU comes in the wake of increasing need for surveillance in the context of Corporate Frauds affecting important sectors of the economy. As the private sector plays an increasingly vital role in economic growth, the need for a robust Corporate Governance mechanism becomes the need of the hour.

The MoU will facilitate the sharing of data and information between SEBI and MCA on an automatic and regular basis. It will enable sharing of specific information such as details of suspended companies, delisted companies, shareholding pattern from SEBI and financial statements filed with the Registrar by corporates, returns of allotment of shares, audit reports relating to corporates. The MoU will ensure that both MCA and SEBI have seamless linkage for regulatory purposes. In addition to regular exchange of data, SEBI and MCA will also exchange with each other, on request, any information available in their respective databases, for the purpose of carrying out scrutiny, inspection, investigation and prosecution.

The MoU comes into force from the date it was signed and is an ongoing initiative of MCA and SEBI, who are already collaborating through various existing mechanisms. A Data Exchange Steering Group also has been constituted for the initiative, which will meet periodically to review the data exchange status and take steps to further improve the effectiveness of the data sharing mechanism.

The MoU marks the beginning of a new era of cooperation and synergy between the two regulators.


[Press Release dt. 07-06-2019]

Securities Exchange Board of India

NewsTreaties/Conventions/International Agreements

The National Center for Good Governance (NCGG), India’s leading civil services training institution, has entered into an MOU with the Maldives Civil Services Commission for capacity building of 1000 Maldives civil servants over the next 5 years. The agreement was signed during the visit of the Prime Minister of India to Male on 8th June 2019.

The agreement envisages that NCGG will be the nodal institution for designing customised training modules and its implementation taking into account the requirements of the Civil Service Commission, Maldives. The subject matters of the training program will include public administration, e-governance and service delivery, public policy and governance, information technology, best practices in fisheries in coastal areas, agro-based practices, self-help group initiatives, urban development and planning, ethics in administration and challenges in the implementation of SDGs. Maldives will nominate suitable civil servants in the senior/ executive/ middle management levels as per agreed timelines.

Further, the NCGG will assist the Civil Services Training Institute, a subsidiary of the Civil Service Commission, Maldives to develop training programs and materials,  assist in organizing the exchange of experts as needed by the Civil Services Commission.

The Ministry of External Affairs will bear all expenses pertaining to the training program.

Shri K.V.Eapen Director General NCGG and Secretary to Government of India Department of Administrative Reforms and Public Grievances said that NCGG had trained 28 Maldives Civil Servants in April 2019 and this successful engagement encouraged the two countries to take the collaboration forward. Shri. Eapen said that in 2019 NCGG has successfully conducted training programs for civil servants of Bangladesh, Myanmar, the Gambia and Maldives.


[Dated: 09-06-2019]

Ministry of Personnel, Public Grievances & Pensions

NewsTreaties/Conventions/International Agreements

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its ex-post facto approval on the Memorandum of Understanding (MoU) between India and Croatia in the field of tourism.

The MoU in the field of Tourism will help the two parties in creating an institutional mechanism for enhancing cooperation in the tourism sector.

The MoU has been signed on 26 March, 2019 during the visit of President of India to Croatia.

[Source: PIB]

[Dated 27-03-2019]

Ministry of Tourism

NewsTreaties/Conventions/International Agreements

The National Centre for Good Governance (NCGG) and Indian Institute of Corporate Affairs (IICA) have signed an MoU here today. The Secretary, Department of Administrative Reforms and Public Grievances (DARPG), Shri K. V. Eapen and Dr. Sameer Sharma, Director General & CEO, Indian Institute of Corporate Affairs (IICA) witnessed the signing of MoU between NCGG, DARPG and IICA, Ministry of Corporate Affairs.

Shri K.V.Eapen Secretary DARPG & the Director General of NCGG briefed the objective of the MoU that IICA will support NCGG for utilization of infrastructure facilities during the training programme of NCGG at Delhi and for academic & intellectual interactions for 5 years.

National Centre for Good Governance (NCGG) has been set up by the Government of India (GoI) under the aegis of Department of Administrative Reforms and Public Grievances, Ministry of Personnel, Public Grievances and Pensions. It aims to promote good governance through Capacity Building on Public Policy and Governance both at National and International Level and carrying out studies/ action research on issues relating to governance

Indian Institute of Corporate Affairs (IICA), under Ministry of Corporate Affairs, Government of India as a society registered on 12th September, 2008 with the primary objective of establishing, managing, maintaining and running a world-class institute. The vision is to function as a holistic, Capacity building Institution and think-tank for corporate regulations and reform, though synergised knowledge creation and management, global partnership for real-time solutions.

[Source: PIB]

Ministry of Personnel, Public Grievances & Pensions

NewsTreaties/Conventions/International Agreements

HAL signed an MoU with CPWD for the execution of the stage 2 works of Infrastructure development work at its Green Field Helicopter factory in Tumakuru at on-going Aero India in Bengaluru on 23-02-2019.

The MoU was signed by Chief Executive Officer, Helicopter Complex Shri GVS Bhaskar and Chief Project Manager (CPM), HAL project zone, CPWD Shri Rajesh Jainin the presence of Chairman and Managing Director, HAL Shri R Madhavan.

Stage 2 works include the development of infrastructure for structural assembly and equipping of helicopters at Tumakuru. The project will be executed in a phased manner.

ED Helicopter Division Shri V Natarajan, GM, Helicopter Division Shri Ambuvelan,  ADG, CPWD Shri RK Soni, CE, CPWD Shri SN Rai were also present on the occasion.

New Helicopter factory coming up in a 615 acres green field campus of Tumakuru Plant that would be fully self-sufficient for manufacturing full range of helicopters from 3 to 12 tons category and shall comprise of state-of-the-art manufacturing, structural assembly, final assembly-line facilities, heli-runway, aerodrome, residential township for the staff, recreational facilities, a well-equipped training and development centre.

[Source: PIB]

Ministry of Defence

Cabinet DecisionsLegislation Updates

The Union Cabinet chaired by Prime Minister Narendra Modi has given ex-post facto approval to the MoU between India and Vietnam for Cooperation in the field of Communications.

Benefits:

The MoU will contribute in strengthening bilateral cooperation and mutual understanding in the field of communications.

Cabinet

NewsTreaties/Conventions/International Agreements

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved the signing of Memorandum of Understanding between the Ministry of Tourism, Government of the Republic of India and the Saudi Commission for Tourism and National Heritage of the Kingdom of Saudi Arabia for strengthening cooperation in the field of Tourism.

The main objectives of the Memorandum of Understanding are:

a) Exchanging information and expertise in Legislations in the tourism development, Hotels, resorts and tourist accommodation facilities, Tourism data and statistics, Exhibition events and other tourism activities in States of the Parties, Tourism development, planning and investment; Licensing, operating and marketing tourism facilities, Agricultural  Tourism,  Desert tourism etc.

b) Exchanging media publications, tourism related films, and encourage exchanging of visits between experts and tourism media representatives in the States of the Parties.

c) Introducing tourism investment opportunities available in the States of the Parties; encourage mutual tourism investment in tourism projects.

d) Encouraging organizing joint tourism events; participate in exhibitions, conferences and seminars held in the States of the Parties thus contributing to tourism development and crystallizing a joint tourism vision.

e) Encouraging public and private education facilities working the tourism education and training field in the States of the Parties.

f)  Exchanging innovative experience and technologies in the tourism field, and consultation services.

g) Cooperation and coordinating in international forums and organizations concerned with tourism affairs.

Background:

India and Saudi Arabia have enjoyed a strong diplomatic and long economic relationship. The two parties now desiring to strengthen and further develop the established relationship have signed a Memorandum of Understanding between the Ministry of Tourism, Government of the Republic of India and the Saudi Commission for Tourism and National Heritage of the Kingdom of Saudi Arabia for strengthening cooperation in the field of Tourism.

Saudi Arabia is one of the potential tourist generating market for India from the Middle East. The signing of Memorandum of Understanding with Saudi Arabia will be instrumental in increasing arrival from this source market.

[Source: PIB]

Cabinet

Business NewsNews

Government e Marketplace (GeM) and Competition Commission of India (CCI) entered into a Memorandum of Understanding on 6th February 2019 to enable a fair and competitive environment in the e-Marketplace.  Chairman CCI, A.K. Gupta, CEO GeM, S. Radha Chauhan, Members of CCI, U.C. Nahta and Sangeeta Verma were present on the occasion along with officers of CCI and GeM.

Both CCI and GeM appreciate the importance of advanced analytical tools and processes for identification of malpractices like cartelization. In order to pool their knowledge of the public procurement domain for detection of Anti-competitive practices, the MoU has been signed.

GeM is a state-of-the-art national public procurement platform of Ministry of Commerce and Industries, that has used technology to remove entry barriers for bonafide sellers and has created a vibrant e-marketplace with a wide range of goods and services.

Competition Commission of India is a statutory body of the Government of India, responsible for enforcing the Competition Act, 2002 throughout India and to prevent activities that have an adverse effect on competition.

Source: PIB

Picture Credits: PIB

Ministry of Commerce & Industry

NewsTreaties/Conventions/International Agreements

Ministry of Coal entered into a Memorandum of Understanding with Ministry of Energy, Republic of Poland on 04-02-2019. The MoU was signed between Sh. Haribhai Parathibhai Chaudhary, Hon’ble Minister of State for Coal and Mines and Mr. Grzegorz Tobiszowski, Secretary of State, Ministry of Energy, Republic of Poland. Additional Secretary, Ministry of Coal, Shri Suresh Kumar, and Ambassador of Poland Mr. Adam Burakowski were present on the occasion,

The objective of this MoU is to foster relations in the field of coal mining and clean coal technologies through the already established Joint Coal Working Group as well as research institutes and academia between the two countries covering the following areas:

a. To promote trade and investment in the coal sector, enhance the understanding of coal-related energy issues, particularly clean coal technologies, and promote the exchange of information on policies, programmes, and technologies with special emphasis on coal exploration and exploitation, research and development, technical cooperation and capacity building.

b.  To review the activities implemented under MoU.

c.   To identify other forms of cooperation mutually agreed upon by the Participants.

[Source: PIB]

Ministry of Coal

Case BriefsHigh Courts

Karnataka High Court: A Single judge bench comprising of Dinesh Maheshwari, J. while hearing a civil writ petition for appointment of arbitrator noted that even after termination of an agreement entered into between the parties, the arbitration agreement survives.

Brief background of the case was that the respondent had entered into a MoU with one Sandip Foundation. After a certain period of time, Sandip Foundation passed a resolution under which all its activities under the said MoU were transferred to the petitioner institution which specialized in developments and distribution of course material for various technical and non-technical courses. Respondent – University issued a notification withdrawing certain courses from the academic collaborative institutions and despite assuring that the students already admitted would not be affected and could continue their courses, it failed to conduct examinations. This led to the petitioner issuing a notice calling upon the respondent to commence arbitration proceedings in terms of the MoU. The respondent replied by terminating the MoU and did not respond to petitioner’s multiple requests and notices for arbitrating their dispute. The sole contention raised on behalf of the respondent was that since the MoU had been terminated, the arbitration clause contained therein did not survive. Hence, the petitioner was constrained to file the instant petition for appointment of a sole arbitrator to adjudicate their disputes.

The sole question posed before the court was as to whether there was an arbitration agreement between the parties. The court went through clauses of the MoU entered into between the parties and noted that clause 14 of the MoU clearly stipulated that disputes between parties be referred to arbitration. It was observed that despite issuing a notice to the respondent, it did not take steps for appointment of an arbitrator. Further, the court rejected the argument that the termination of MoU had the effect of terminating arbitration clause as well.

On the aforesaid holding and observations, the writ petition was disposed of by giving directions for appointment of an arbitrator. [SCOPE v Karnataka State Open University,2018 SCC OnLine Kar 1568, decided on 03-10-2018]

NewsTreaties/Conventions/International Agreements

The Government has signed a Memorandum of Understanding (MoU) with United Kingdom for seeking help in improving overall public transport system in the country. The MoU has been signed between the Ministry of Road Transport & Highways and Transport for London (TFL), a statutory body established under the Greater London Authority Act, 1999 (UK) to improve public transport in India. The MoU would help mainly in sharing of information and areas of cooperation like improving the public transport system with an augmentation of passenger capacity, passenger services, data analysis, induction of electric vehicles, introduction of technology, ticketing and the provision of passenger information, urban transport planning and policy, institutional organisation of transport, governance and accountability arrangements, project financing, strategy, and procurement methodologies, policy development and assessment of technology strategies, operations procurement and contracting, infrastructure maintenance strategies, Infrastructure design and delivery etc.

This MoU will help in strengthening the integrated public transport for all. This will help people from all segments of the society to have access to a quality public transport system. Further, will help in introducing innovative practices such as digital payments, standardizing the design of the buses, use of technology for demand projection and route rationalization to enhance efficiency of public transport operations.

Ministry of Road Transport & Highways

NewsTreaties/Conventions/International Agreements

The Union Cabinet has approved the signing of a Memorandum of Understanding (MoU) between India and Bahrain on cooperation in the field of Healthcare.

The MoU covers the following areas of cooperation:-

i. Exchange of information including publications and research outcomes;

ii. Exchanging visits by governmental officials, academic staff, scholars, teachers, experts and students;

iii. Participating in workshops and training courses;

iv. Encouraging health and medical research activities at both the private-sector and the academic level; and

v. Any other forms of cooperation as may be mutually decided upon.

A Working Group will be set up to further elaborate the details of cooperation and to oversee the implementation of this MoU.

Ministry of Health and Family Welfare

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval for the Memorandum of Understanding (MoU) signed in 2014 and approval for renewal of MoU between the Institute of Chartered Accountants of India (ICAI) & Saudi Organisation for Certified Public Accountants (SOCPA) in Saudi Arabia to promote mutual co-operation framework in the areas of Corporate Governance, Technical Research & Advice, Quality Assurance, Forensic Accounting, issues for Small and Medium Sized Practices (SMPs), Islamic Finance, Continuing Professional Development (CPD) and other subjects of mutual interest related to Accountancy profession.

Major impact:

The aim is to work together to develop a mutually beneficial relationship inthe best interest of ICAI members, students and their organizations.

The MoU will provide an opportunity to the ICAI members to expand their professional horizons and simultaneously ICAI will become an entity to aidand strengthen capacity building of local nationals.

The MoU will further enable ICAI to promote the Accounting and Auditing profession and all matters that might lead to the development of the profession and improve its status.

Beneficiaries:

ICAI has strong presence of 3 Chapters at Eastern Province covering Jeddah, Riyadh and Saudi Arabia, having more than 200 members who have been engaged at different professional level. The MoU will foster strong working relations between the ICAI & SOCPA thus giving strong professional opportunities to Indian Chartered Accountants in India and more confidence to employers in Eastern Province, thus creating significant employment opportunities for Indian Chartered Accountants.

Background:

The Institute of Chartered Accountants of India (ICAI) is a statutory body established by an Act of Parliament of India, The Chartered Accountants Act, 1949′, to regulate the profession of Chartered Accountancy in India. Saudi Certified Public Accountants’ Regulations issued under Royal Decree entrusted the “Saudi Organisation for Certified Public Accountants (SOCPA)” for promotion of the Accountancy and Auditing profession in that country.

Cabinet

NewsTreaties/Conventions/International Agreements

The Union Cabinet has approved signing of a Memorandum of Understanding (MoU) between India and United Kingdom regarding cooperation between both countries in the sphere of Law & Justice and to set up a Joint Consultative Committee. The MoU takes care of concerns and requirements in the field of exchange of experience by legal professionals, government functionaries and their training and effective legal aid mechanism for resolution of disputes before various Courts, Tribunals, etc. and proposes establishment of Joint Consultative Committees.

Ministry Of Law & Justice

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval for the Memorandum of Understanding (MoU) between India and Morocco on India- Morocco Cooperation in Renewable Energy. Both sides aim to establish the basis for a cooperative institutional relationship to encourage and promote technical bilateral cooperation on new and renewable energy issues on the basis of mutual benefit, equality and reciprocity. The MoU envisages establishing a Joint Working Committee to review, monitor and discuss matters relation to areas of cooperation. The MoU aims for exchange of expertise and networking of information. The MoU will help in strengthening bilateral cooperation between the two countries.

Ministry of New and Renewable Energy

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its approval to the signing of Memorandum of Understanding (MoU) between India and Colombia on establishing cooperation on Traditional Systems of Medicine of India. It will lead to promotion and propagation of Traditional Systems of Medicines of India in Colombia. As a consequence of this MoU, exchange of experts for training the practitioners, conducting collaborative research in Traditional Systems of Medicine is expected to lead to new innovations in drug development and traditional medical practice.

AYUSH

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex post facto approval to the signing of MoU (Memorandum of Understanding) between India and Morocco in the field of mining and geology. The MoU will provide an institutional mechanism between India and Morocco for cooperation in the field of geology and mining. This cooperation will be mutually beneficial on economic, social and environmental fields in both countries. The MoU aims to strengthen cooperation between India and Morocco in the field of mining and geology. The activities involved in the cooperation viz. development of geological infrastructure, promotion of mining and geology, training programs and establishment of geological data bank would serve the objective of innovation.

Ministry of Mines

NewsTreaties/Conventions/International Agreements

The Union Cabinet has been appraised of the Implementing Arrangement (IA) for Pre-formulation Studies of a Maritime Domain Awareness Mission signed between India and France. The proposed joint mission will be devoted to maritime domain awareness, with the objective to provide relevant data and services to both nations. The objective is to monitor the maritime traffic and to identify the non-compliant ships at the maximum possible revisit frequency. The monitoring system would provide an end to end solution for detection, identification, monitoring of vessels in the regions of interest for India and France. As per the IA, Indian Space Research Organization (ISRO) and Centre Nationale Dètudes Spatiales (CNES), France will jointly undertake various activities during these pre-formulation studies and present the pre-formulation concept study results to the respective senior management for review within one year of its signing.

Department of Space

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval to the Memorandum of Understanding (MoU) on Cooperation in the field of Medicinal Plants between India and Equatorial Guinea. The MoU will further enhance bilateral cooperation between the two countries in the area of Medicinal Plants. The financial resources necessary to conduct research, training courses, conferences/meetings will be met from the existing allocated budget and existing plan schemes of the National Medicinal Plants Board, Ministry of AYUSH.

Background:

India is one of the richest countries in the world in terms of biodiversity, having 15 agro-climatic zones. Out of the 17000-18000 species of flowering plants, more than 7000 are estimated to have medicinal usage in folk and documented systems of medicine like Ayurveda, Unani, Siddha & Homoeopathy (AYUSH System of Medicine). About 1178 species of medicinal plants are estimated to be in trade of which 242 species have annual consumption levels in excess of 100 metric tonnes/year. Medicinal plants are not only a major resource base for the traditional medicine & herbal industry but also provide livelihood and health security to a large segment of Indian population. There is global resurgence in traditional and alternative health care systems resulting in world herbal trade which stands at US$ 120 billion and is expected to reach US$ 7 trillion by 2050. Moreover, there are a large number of medicinal plants, particularly those found in tropical region, which are common to the two countries given similar geo-climatic factors.

AYUSH