Parliament Monsoon Session draws to close: These are the bills passed
Amidst the chaos and disruptions in Parliament, several key bills were passed during the monsoon session. Here is the list of bills passed by both houses of Parliament.
The monsoon session of Parliament ended on Friday, bringing to close a period that was marked by heated moments, adjournments, walkouts and uproar over the Manipur violence. The Opposition bloc, INDIA, brought in a no-confidence motion against the Narendra Modi government in the Lok Sabha, a motion the government easily defeated after three days of debate.
Away from the political fighting, several bills seeking to bring in fresh laws or amend existing acts were passed by the Parliament. While deliberations were held for prominent bills such as the Delhi Services Bill, a majority of the bills were passed without proper debate.
BILLS PASSED DURING MONSOON SESSION
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Government of NCT of Delhi (Amendment) Bill
This bill amends the Government of National Capital Territory of Delhi Act, 1991, and gives the Central Government more control over the administration of Delhi. The bill empowers the Central Government to make rules in connection with the affairs of the Government of the National Capital Territory of Delhi, including the functions, terms and other conditions of service of officers and employees.
The bill also establishes the National Capital Civil Services Authority (NCCSA), which will make recommendations to the Lieutenant Governor (LG) on transfers and postings, disciplinary matters, and vigilance matters of officers in Delhi. The new bill further empowers the LG to exercise his sole discretion on several matters, including those related to the NCCSA, the summoning, prorogation and dissolution of the Delhi Legislative Assembly, and the appointment of the Chief Minister and other ministers.
Digital Personal Data Protection Bill
Digital Personal Data Protection Bill seeks to regulate the collection, processing, use, storage, and transfer of personal data by organizations in India. The bill proposes the creation of a Data Protection Board of India and also sets out norms for data processing digitally for firms. The bill also seeks to create an adjudicatory mechanism for resolving disputes related to digital data. This is the first law that enshrines how private or government entities can use or process citizens’ data such as name, address, email address, phone number, and biometric details and sensitive personal data related to an individual's racial or ethnic origin, political opinions, religious beliefs, health, or sexual orientation.
The bill exempts data processing by the State on grounds such as national security may lead to data collection, processing, and retention beyond what is necessary.
Forest (Conservation) Amendment Bill
This bill amends the Forest (Conservation) Act, 1980 to extend and exempt specific types of land from the purview of the Act. It also restricts the conservation scope under the Act to only certain forest lands. The new law allows some non-forest activities on forest lands, like running zoos and ‘eco-tourism’ facilities. Further, the Act now permits the clearing of forests within 100 km of the national border for “strategic linear projects of national importance” without the Centre’s permission. The act redefines what a ‘forest’ is and states that only those lands that were notified as ‘forest’ under the Indian Forest Act 1927, or any other relevant law or were recorded as ‘forests’ in government records will be acknowledged as ‘forests’.
The Mines and Minerals (Development and Regulation) Amendment Bill
The Mines and Minerals Amendment Bill allows the private sector to mine six out of 12 atomic minerals, such as lithium, beryllium, niobium, titanium, tantalum and zirconium. Currently, only government entities are allowed to mine atomic minerals. Also, the Act will now allow private sector entities to explore deep-seated and critical minerals, such as gold, silver, copper, zinc, lead, and nickel. The bill empowers the central government to exclusively auction mining leases and composite licences for critical minerals. The Bill further seeks to establish a National Mineral Exploration Trust (NMET) to fund mineral exploration activities in India.
The Cinematograph (Amendment) Bill
This amendment bill brought changes to the Cinematograph Act,1952, which is the primary law governing the film industry in India. It aims to combat film piracy and revamp film certification. To curb piracy, the bill has provisions including three months’ imprisonment and a fine of Rs 3 lakh, which can be extended up to three years imprisonment and a fine of up to 5 per cent of the audited gross production cost. Also, the bill added four new age-based film certification categories to the existing categories. It further proposes establishing a National Film Commission to advise the government on matters relating to the film industry.
Pharmacy (Amendment) Bill
The Pharmacy (Amendment) Bill made changes to the provisions of the Pharmacy Act, of 1948, that regulate the practice and profession of pharmacy. The bill recognises pharmacists qualified under the J&K Pharmacy Act as it specifies that anyone who is registered as a pharmacist under the Jammu and Kashmir Pharmacy Act, 2011 or possesses qualifications prescribed under the 2011 Act will be deemed to be registered as a pharmacist under the Pharmacy Act, 1948.
Constitution (Scheduled Castes) Order (Amendment) Bill
This bill amends the Constitution (Scheduled Caste) Order, 1950, to modify the list of Scheduled Castes in Chhattisgarh. The new Act includes Mahara and Mahra communities as synonyms of the Mehra, Mahar, and Mehar communities in Chhattisgarh.
Registration of Births and Deaths (Amendment) Bill
The Registration of Births and Deaths (Amendment) Bill, 2023 which amends the Registration of Births and Deaths Act, 1969, seeks to create a National and State level database of registered births and deaths. This database can be used for other services such as maintenance of population register, electoral rolls, ration cards, property registration and “such other databases at the National level as may be notified.” The bill also proposes the appointment of a Registrar-General of India who may issue general directions for the registration of births and deaths. The amendment bill also introduced a digital birth certificate that will be the only conclusive proof of age and will be used for a variety of purposes.
Offshore Areas Mineral (Development and Regulation) Amendment Bill
This bill amends the Offshore Areas Mineral (Development and Regulation) Act, 2002, which regulated mining in maritime zones of India. The new Act introduced auctions by competitive bidding as a method for the allocation of “operating rights” in offshore areas. It also allows the government to reserve offshore areas that are not held under any operating rights. The amendments allow the administrative authority to grant a composite license or production lease to the government or a government company. The bill sets up an Offshore Areas Mineral Trust that will be used to fund the exploration and mining of minerals in offshore areas.
Inter-services Organisations (Command, Control and Discipline) Bill
The Inter-services Organisations (Command, Control and Discipline) Bill seeks to empower the Commander-in-Chief or Officer-in-Command of Inter-services Organisations (ISO) with all disciplinary or administrative control over all personnel under them even if they are from other services. Though all Army, Navy and IAF personnel will continue to be governed by their respective Service Acts, the heads of Inter-Services Organisations will now have powers over the armed force staff irrespective of the service they belong to. ISO is an organisation that is jointly staffed by personnel of the Army, Navy and Air Force and is perceived as a precursor for the unification of the armed forces.
National Dental Commission Bill
The National Dental Commission Bill repealed the Dentists Act, 1948. It proposes to establish the National Dental Commission (NDC) as the apex regulatory body for dental education and the profession in India. The NDC will have the power to grant approval to dental colleges, to prescribe the curriculum for dental education, and conduct examinations for dental students. It also proposes a Dental Advisory Council and three autonomous Boards for regulating dental education and standards of dentistry.
National Nursing and Midwifery Commission Bill
The National Nursing and Midwifery Commission Bill, 2023 (NNMC Bill) proposes the formation of the National Nursing and Midwifery Commission (NNMC) as the apex regulatory body for nursing and midwifery education and practice in India. The bill that repealed the Indian Nursing Council Act, 1947, also created three autonomous boards under the NNMC. The commission will have the power to grant approval to nursing and midwifery colleges, to prescribe the curriculum for nursing and midwifery education, and to conduct examinations for nursing and midwifery students. Also, it will regulate the nursing and midwifery professions.
Mediation Bill
The Mediation Bill requires settling civil or commercial disputes through mediation first, especially institutional mediation, before approaching any court or tribunal. The bill proposes setting up of the Mediation Council of India (MCI) as a statutory body. Through this bill that focuses on alternative dispute resolution mechanisms, the mediation centres will get legal support. The bill also sets a timeframe for the completion of the mediation process, with a maximum duration of 180 days, which is, however, extendable for an additional 180 days if required.
Indian Institutes of Management (Amendment) Bill
The Indian Institutes of Management (Amendment) Bill entrusts the management accountability of the Indian Institute of Management (IIMs) to the President of India. The bill grants the President the role of Visitor, bestowing upon the office powers to audit their functioning, order investigations, and appoint or remove directors. It also proposes to declare all 20 IIMs as "institutions of national importance."
Anusandhan National Research Foundation Bill
The Anusandhan National Research Foundation Bill, 2023 (ANRF Bill) establishes the Anusandhan National Research Foundation (ANRF) as a national-level research foundation that will support cutting-edge research in science, technology, engineering, and mathematics (STEM). It creates three autonomous research institutes under the ANRF: the Anusandhan Institute of Fundamental Sciences, the Anusandhan Institute of Engineering Sciences, and the Anusandhan Institute of Technology.
Biological Diversity (Amendment) Bill
The Biological Diversity (Amendment) Bill which amends the existing Biological Diversity Act, 2002 aims to facilitate the fast-tracking of research, and patent application process, and decriminalise all the offences under the Act. The new Act proposes a benefit-sharing mechanism where the local communities and traditional knowledge holders receive a fair share of the benefits of biodiversity commerce. It exempts registered practitioners of AYUSH, local people and communities of the area, including growers and cultivators of biodiversity, from giving prior intimation to state biodiversity boards for accessing biological resources for commercial utilisation.
Central Goods and Services Tax (Amendment) Bill
This bill seeks to amend the Central Goods and Services Tax (CGST) Act, 2017 to levy a 28 per cent tax on online gaming, casinos, and horse race clubs. The bill further proposes to amend the definition of "supply" to include the supply of services by a casino, racecourse, or gambling house. The Integrated Goods and Services Tax (Amendment) Bill, which was passed along with the Central Goods and Services Tax (Amendment) Bill, seeks to establish GST obligations for offshore entities engaged in online money gaming, mandating their registration for GST within India.
