Parliament Annual Round up 2019 part 1

1. Parliament Annual Round Up 2019
During 16th Lok Sabha Session the
important legislations were passed,
being :
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2. 1. Constitution Amendment to provide
reservation to “Economically Weaker
Sections” (EWS) of Society.
1. Name of the Act:
The Constitution (124th amendment) Bill, 2019 passed on
January 9 and it came into force on January, 14. The legislation
now be known as the Constitution (103rd Amendment) Act, 2019.
2. Articles Amended:
The Act amends Article 15 and 16 of the Constitution by
adding a clause which allows States to make special provision
for the advancement of any EWS of General Category.
3. % of reservation:
The Act provide reservation of up to 10% to General Category
candidates who are not covered by any of the existing scheme
of reservation.
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3. 4. Reservation provided in :
This reservation will be provided for admission in Higher
Educational Institutions and in Public Employment.
5. Who is covered under EWS category:
• General Category candidate who’s:
• Annual family income is less than 8 lakhs. This income
include all sources of income.
• Agricultural land below 5 acres.
• Residential flat/house below 1000 sq ft.
• Residential plot below 100 yards in notified
municipality.
• Residential plot below 200 yards in non-notified
municipality area.
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4. 2. Bill to remove leprosy as a ground
for divorce
• The Personal Laws (Amendment) Bill, 2018 was cleared
by the Parliament on February,13 and it came into
force on February, 21.
• 1. Acts Amended : The 5 personal laws amended,
being:
• a) The Divorce Act, 1869
• b) The Dissolution of Muslim Marriage Act, 1939
• c) The Special Marriage Act, 1954
• d) The Hindu Adoption and Maintenance Act, 1956.
• e) The Hindu Marriage Act, 1955
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5. 2. Sections Amended/ Repealed :
• The Divorce Act, 1869: Clause (IV) of Section 10
• The Dissolution of Muslim Marriage Act,1939:
Clause (VI) of Section 2
• The Special Marriage Act, 1954: Clause (g) of sub
section 1 of section 27
• The Hindu Adoption and Maintenance Act, 1956:
Clause (c) of Sub Section 2 of Section 18
• The Hindu Marriage Act, 1955: Clause (iv) of sub
section 1 of section 13
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6. 17th Lok Sabha Session : The key
Legislations were passed are:
• 1. Indian Citizenship Amendment
Bill, 2019
The Contentious Citizenship (Amendment) Bill,
2019 which seek to amend the Citizenship Act,
1955 was passed in December, 10.
For more detail on this bill please see my
another ppt already uploaded titled“CAB”
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7. 2. Bill to bifurcate Jammu & Kashmir
into Union Territories of J&K and
Ladakh
• Name of the Act : The Jammu and Kashmir Reorganisation Act, 2019. This
bill came into force on October, 31.
• Change in no of UT and States and status of legislature: The total no of
states of India are now 28 and UT’s are 9. UT J&K will have legislature like
Puducherry and Delhi while Ladakh will be a UT without Legislature like
Chandigarh.
• Authority of these UT’s: Both the UT’s will be headed by two separate
Lieutenant Governors.
• Amendment/ Repeal of Laws:
• The Indian Constitution: Article 370 abolished: Temporary provision with
respect to the state of J&K revoked its Special status.
• Article 35 A: The special rights and privileges provided under this article
shall be revoked. The privileges was about permanent resident of the state
J&K.
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8. Law Repealed :
a) Ranbir Penal Code(RPC), 1932 : This was the
main Criminal code applicable to J&K . The Indian
Penal Code (IPC) was not applicable to J&K. But
with effect from October 31 now IPC shall be
applicable to J&K and Ladakh.
b) The Constitution of J&K.
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9. 3. Transgender Persons (Protection of
Rights) Bill, 2019
• Name of the Act: The Transgender Persons (Protection
of Rights) Act, 2019
• Sections in this Act: This Act has total 23 Sections.
• Aim of this Bill: This bill is aimed at protecting the
rights of transgender persons by granting them
recognition and making welfare provision for them.
• A transgender child can be separated from their family
by a court order.
• Prohibition against Discrimination Section 3:
It prohibits discrimination against a transgender person,
including denial of services or unfair treatment in relation
to :
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10. (1) Education
(2) Employment
(3) Healthcare
(4) Access to, or enjoyment of goods, facilities, opportunities
available to the public
(5) Right to movement
(6) Right to reside, rent or otherwise occupy property
(7) Opportunity to hold public or private office; and
(8) Access to a government or private establishment in whose care
or custody a transgender person is.
It further criminalizes denial of use of public places to transgender,
removal of transgender from household and village etc.
• Certificate of Identity U/s 5 and 6: The concerned person need
to apply to District Magistrate who will issue the identity
certificate to transgender.
• Punishment u/s 18 : If any person do any act prohibited under
section 18 of this act shall be punishable with imprisonment for
a term which shall not be less than six months but may
extended to 2 years with fine.
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11. 4. Bill to penalise Triple Talaq : Muslim
Women (Protection of Rights on
Marriage) Bill, 2019
Name of the Act: The Muslim Women
(Protection of Rights on Marriage) Act, 2019
Passing of the aforementioned bill has made
all declarations pertaining to instant triple
talaq, including in written or electronic form ,
to be void and illegal.
For more detail read my another ppt on this
Act.
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12. 5. Bill to slash Corporate Tax Rates
The Taxation Law(Amendment) Bill, 2019 to slash corporate tax rate.
Change in Tax Rate:
a) Domestic Company: It provides domestic companies with an option to
pay income tax @ 22% instead of the previous rate 30%, provided they
do not claim certain deductions under the Income Tax Act, 1961.
b) New Domestic Manufacturing Companies: It provides new domestic
manufacturing companies with an option to pay income tax @ 15%
provided they do not claim certain deductions under IT Act, 1961.New
Domestic Manufacturing Companies means companies set up and
registered after September, 30, 2019 and should start manufacturing
before 1st April, 2023.
c) A company can choose to opt for the new tax rate in the FY 2019-20(AY
2020-21) or in any other FY in the future. Once a company exercise this
option, the chosen provision will apply for all the subsequent years.
d) Provision of MAT (Minimum Alternate Tax), MAT Credit shall not apply to
these Company.
e) The Ordinance reduces the MAT rate from 18.5% to 15%w.e.f. FY 2019-
20. The bill amends this provision by making it effective from the FY
2020-21. 12

13. 6. Amendment to the Motor
Vehicle Act, 1988
Name : The Motor Vehicles (Amendment) Act, 2019
1. Compensation for Road Accident Victims: The Act increased the
minimum compensation for the hit and run case as follows:
a) In case of death, from Rs. 25000 to 2 Lakh Rs.
b) In case of grievous injury from Rs. 12500 to Rs. 50,000.
2. Recall of vehicles: This Act allows CG to order for recall of defected
motor vehicles which may harm the environment, or the driver, or other
road users.
3. Road Safety Board Section 215B: The National Road Safety Board, will
be created by the CG to advise the CG and SG on all aspects of road
safety and traffic management.
4. Electronic forms and documents Section 211A: Filing of application
form document with any authority to the issue of licence , permit,
sanction, approval, endorsement , receipt or payment of money etc. if
done in electronic mode shall be deemed to have satisfied all the
conditions as done in offline.
For more information on amount of penalty and section I will upload a
new ppt.
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14. 7. UAPA Amendment Bill which gives to
Centre to Designate an Individual as Terrorist
The unlawful Activities (Prevention) Amendment Bill, 2019 was
passed during the monsoon session and notified by CG on
August 8. It amends the existing Unlawful Activities (Prevention)
Act, 1967, in terms investigation and prosecution of offences
relating to terrorism. Under the provision herein the CG may
designate an organisation as a terrorist organisation if it:
• Commits or participates in acts of terrorism,
• Prepares for terrorism,
• Promotes terrorism, or
• Is otherwise involved in terrorism.
Amendment in Schedule 4 : Under UAPA an individual can also
be termed as suspect. NIA can declare and individual suspected
to have terror links as a terrorist.
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15. 8. Bill to extend powers of NIA
1. Name : The National Investigation Agency (Amendment) Act, 2019. This is the amendment in
existing NIA act, 2008. This Act came into force on August 2. It amends the provision of existing
NIA Act, 2008 with respect to jurisdiction and offences that can be investigated by the NIA.
2. Expend the offences that fall within its ambit:
Current power of NIA are to investigate cases related to Atomic Energy Act, 1962 and the UAPA,
1967. But now it is increased to investigate matter related to :
a) Human Trafficking
b) Counterfeit currency
c) Manufacture or sale of prohibited arms
d) Cyber- Terrorism
e) Offences under the Explosive Substances Act, 1908
3. Expansion in the jurisdiction of the NIA: NIA officers have same power as other police officers
have and these powers extends across the country. But the new Act has increased the jurisdiction
of the NIA officers and entitled them to investigate offences committed outside India also.
Although NIA jurisdiction will be subjected to international treaties and domestic laws of other
countries.
4. Session court to Special Court: As per the existing NIA act, 2008 the act allow centre to
constitute special courts for NIA’s trials but in new act the CG and SG can designate Session
Courts as Special Courts to conduct trials under the Act. Although this will be done in
consultation with the Chief Justice of the High Court of the respective state.
To be continued in next slide ……..
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16. Suneha Sharma
Company Secretary
Mcom, CS, LL.B
Ph: 91-8527601428
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