Professional Documents
Culture Documents
March 2018
Highlights of this Issue
Preliminary Information Memorandum for disinvestment of Air India released (p. 2)
The disinvestment will be done by way of transfer of management control and sale of 76% equity share capital of
Air India held by the central government.
Supreme Court permits passive euthanasia and execution of living will (p. 6)
The Supreme Court has held passive euthanasia and execution of advance directives (living will) to be permissible.
It has been held valid on the basis of right to life with dignity under Article 21 of the Constitution.
Standing Committee report on the National Medical Commission Bill, 2017 released (p. 7)
The Bill seeks to repeal the Indian Medical Council Act, 1956 and regulate medical education and practice. The
Committee includes recommendations on National Medical Commission’s composition and fee regulation.
Cabinet approves North-East Industrial Development Scheme (NEIDS) 2017 (p. 12)
The Union Cabinet approved the North Eastern Industrial Development Scheme (NEIDS) 2017 with an outlay of Rs
3,000 crore till March 2020.
April 2, 2018
PRS Legislative Research Institute for Policy Research Studies
3rd Floor, Gandharva Mahavidyalaya 212, Deen Dayal Upadhyaya Marg New Delhi – 110002
Tel: (011) 43434035-36, 23234801-02 www.prsindia.org
Monthly Policy Review – March 2018 PRS Legislative Research
Macroeconomic Development 76% equity share capital of Air India held by the
central government.
Roopal Suhag (roopal@prsindia.org)
The Memorandum includes proprietary
information on the company, for the limited
Current Account Deficit at 2% of GDP in
purpose of providing certain information to the
Q3 of 2017-18 bidders to make an assessment prior to
India’s Current Account Deficit (CAD) in the submitting an initial proposal. The government
third quarter (Oct-Dec) of 2017-18 increased to may later change the procedures for pursuing the
USD 13.5 billion (2% of GDP) from USD eight proposed disinvestment. The memorandum
billion (1.4% of GDP) in the corresponding provides information including: (i) an overview
quarter of 2016-17.1 CAD in the second quarter of the airline and ground handling industries, (ii)
(July- Sept) of 2017-18 was USD 7.2 billion details of Air India Limited and Air India
(1.1% of GDP). Express (subsidiary under Air India), (iii)
proposed reallocation of the companies’ debt and
The year-on-year increase of the CAD was liabilities, (iv) process of the proposed
largely on account of a higher trade deficit disinvestment, and (v) instructions for
(difference between the country’s imports and submission of expression of interest by bidders.
exports) of USD 44.1 billion (compared to USD
32.8 billion in second quarter of 2017-18). Government guarantee for Indian
Net foreign direct investment reduced by USD Railway Finance Corporation bonds
5.4 billion from the corresponding quarter in the approved
previous year. Portfolio investment recorded net
The Ministry of Finance has approved a
inflow of USD 5.3 billion in third quarter of
government guarantee of Rs 5,000 crore for
2017-18, as against an outflow of USD 11.3
Indian Railway Finance Corporation (IRFC)
billion in corresponding quarter last year. Net
bonds to be subscribed by Life Insurance
receipts on account of non-resident deposits
Corporation (LIC), in the current financial year.3
amounted to USD 3.1 billion in third quarter of
This guarantee is expected to help LIC subscribe
2017-18, as against net repayments of USD 18.5
to IRFC bonds beyond the exposure limits set by
billion a year ago. Foreign exchange reserves
the Insurance Regulatory and Development
increased by USD 9.4 billion, compared with a
Authority (IRDA). Exposure limits are set on
decrease of USD 1.2 billion in the third quarter
the basis of assets that a borrower has, to be able
of 2016-17.
to repay its debt, or in other words how much
Table 1 shows the balance of payments in the one should borrow.
third quarter of 2017-18.
The Ministry of Railways had entered into a
Table 1: Balance of Payments in Q3 of 2017- Memorandum of Understanding (MoU) with LIC
18 (USD billion) in March 2015. Under the MoU, LIC was to
Q3 Q2 Q3 provide a financial assistance of Rs 1,50,000
2016-17 2017-18 2017-18 crore for identified Railway projects from 2015
Current Account -8.0 -7.2 -13.5 to 2019. IRFC had been raising funds from LIC
Capital Account 6.1 16.4 22.0 by issuing bonds with a term of 30 years.
However due to the exposure limits as per IRDA
Errors and Omissions 0.7 0.4 0.8
guidelines; LIC had not been able to subscribe to
Change in reserves -1.2 9.6 9.4 IRFC bonds beyond the prescribed limit.
Sources: Reserve Bank of India; PRS.
Finance
Transport
Vatsal Khullar (vatsal@prsindia.org)
Prachee Mishra (prachee@prsindia.org)
Finance Bill 2018 passed by Lok Sabha
Preliminary Information Memorandum
for disinvestment of Air India released The Finance Bill, 2018 was passed in Lok
Sabha.4 It was introduced in Lok Sabha
The Ministry of Civil Aviation released a alongside the presentation of the Union Budget.
Preliminary Information Memorandum for the At the stage of passage, the government moved
strategic disinvestment of Air India Limited. 2 some amendments to the Bill. Key features of
The disinvestment is proposed to be done by way the Bill include:
of transfer of management control and sale of
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Income tax: For salaried individuals, a The Fugitive Economic Offenders Bill, 2018
standard tax deduction of Rs 40,000 has introduced in Lok Sabha
been introduced. The deduction for
transport allowance and medical expenses The Fugitive Economic Offenders Bill, 2018 was
has been removed. introduced in Lok Sabha.5 The Bill seeks to
confiscate properties of economic offenders who
Education cess: The 3% Education Cess have left the country to avoid facing criminal
has been replaced by a 4% Health and prosecution. Key features of the Bill include:
Education Cess for non-resident persons,
including foreign companies. Fugitive economic offender: A fugitive
economic offender has been defined as a
Corporate tax: Currently, companies with person against whom an arrest warrant has
turnover less than Rs 50 crore pay corporate been issued for committing any of the
tax at the rate of 25%. This threshold has offences listed in the schedule. Further the
been increased to Rs 250 crore. person has: (i) left the country to avoid
facing prosecution, or (ii) refuses to return to
Deductions for farm producer companies: face prosecution. Some of the offences
Tax deduction of 100% has been introduced listed in the schedule are: (i) counterfeiting
for farm producer companies with a total government stamps or currency, (ii) cheque
turnover up to Rs 100 crores. The benefit dishonour for insufficiency of funds, (iii)
will be available for a period of five years money laundering, and (iv) transactions
starting from 2018-19. defrauding creditors. The Bill allows the
Long-term capital gains: Currently, long central government to amend the schedule
term capital gains from transfer of equity through a notification.
instruments or a unit of business trust is Attachment of property: The director or
exempt from payment of income tax. These deputy director (appointed under the
transfers will now be taxed at 10%, if the Prevention of Money-Laundering Act, 2002)
profit from the transaction exceeds one lakh may attach any property mentioned in the
rupees. For computing gains, the purchase application with the permission of a special
price would be considered as the higher of court (designated under the 2002 Act).
the actual purchase price or the price as on Further, these authorities may provisionally
January 31, 2018. attach any property without the prior
Fiscal Responsibility and Budget permission of the special court, provided
Management Act, 2003 (FRBM Act): The that they file an application before the court
FRBM Act is being amended based on the within 30 days. The attachment will
recommendations of the Fiscal Reform and continue for 180 days, unless extended by
Budget Management Committee (Chair: Mr. N. the special court.
K. Singh). The amendments include bringing Declaration as fugitive economic offender:
down the central government's debt to GDP ratio The special court may declare an individual
to 40% and setting an operational target for the as a fugitive economic offender. It may
fiscal deficit at 3% by 2021. This target for debt confiscate properties which are: (i) proceeds
to GDP ratio will have to be achieved by 2025. of crime, (ii) benami properties in India or
Further, the deadline for achieving the abroad, and (iii) any other properties in India
operational target for fiscal deficit has been or abroad. Upon confiscation, all rights and
extended from 2018 to 2021. titles of the property will vest in the central
Salaries and pensions: The Bill amends five government, without any encumbrances.
laws to make changes related to the emoluments For a PRS Bill Summary, please see here.
of the President of India, the Vice President,
Governors of states, and Members of Parliament
The Chit Funds (Amendment) Bill, 2018
(MPs). The emoluments of: (i) the President
have been increased from Rs 1.5 lakh to Rs five
introduced in Lok Sabha
lakh per month, (ii) the Vice-president from Rs The Chit Funds (Amendment) Bill, 2018 was
1.25 lakh to Rs four lakh per month, (iii) the introduced in Lok Sabha.6 It amends the Chit
Governors from Rs 1,10,000 to Rs 3,50,000 per Funds Act, 1982.7 The 1982 Act regulates chit
month, and (iv) MPs from Rs 50,000 to Rs one funds, and prohibits a fund from being created
lakh. Emoluments of MPs will be indexed to without the prior sanction of the state
inflation, and will be revised every five years. government. Under a chit fund, people agree to
pay a certain amount from to time into a fund.
A PRS summary of the FRBM Committee
Periodically, one of the subscribers is chosen by
Report is available here.
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Monthly Policy Review – March 2018 PRS Legislative Research
drawing a chit to receive the prize amount from under the Act, was based on the maternity
the fund. leave provided under the Maternity Benefit
Act, 1961. The maternity leave entitlement
Key features of the Bill include:
under the 1961 Act was changed from 12
Fraternity fund: The Act specifies various weeks to 26 weeks by the Maternity Benefit
names which may be used to refer to a chit (Amendment) Act, 2017.12 The Bill
fund. These include chit, chit fund, and kuri. removes the reference to 12 weeks in the
The Bill adds ‘fraternity fund’ to this list. 1972 Act and empowers the central
government to notify the maximum
Presence of subscribers through video- maternity leave for the purpose of gratuity.
conferencing: The Act specifies that a chit
will be drawn in the presence of at least two Under the Act, the maximum amount of
subscribers. The Bill seeks to allow these gratuity payable to an employee cannot
subscribers to join via video-conferencing. exceed Rs 10 lakh. The Bill removes the
ceiling and states that the ceiling may be
Foreman’s commission: Under the Act, notified by the central government.
the ‘foreman’ is responsible for managing
the chit fund. He is entitled to a maximum For more details on the Bill, see here.
commission of 5% of the chit amount. The
Bill increases the commission to 7%. New central rules on Industrial
For a PRS Bill Summary, please see here.
Employment notified
The central government notified Rules amending
RBI discontinues letters of undertaking for the Industrial Employment (Standing Orders)
trade credit Central Rules, 1946. 13 The 1946 Rules were
notified under the Industrial Employment
The Reserve Bank of India (RBI) discontinued (Standing Orders) Act, 1946. The Act applies to
the practice of issuing letters of understanding every industrial establishment which employs
and letters of comfort from March 13, 2018 100 or more workmen. The Act requires
onwards.8 These letters were issued by banks as employers in industrial establishments to
trade credit for financing imports into India. 9 formally define conditions of employment in the
The RBI specified that the issuance of these form of “standing orders” and to submit such
letters would be allowed for certain purposes, standing orders to certifying authorities. The
such as for bank guarantees. Rules introduce certain amendments in respect of
fixed term employment workmen.
Currently, fixed term workmen are only allowed
Labour and Employment in the apparel industry. The new Rules allow
companies to hire workers on contract on a fixed
Roshni Sinha (roshni@prsindia.org) term basis. However, no employer can convert
the posts of permanent workmen into fixed-term
The Payment of Gratuity (Amendment) employment workmen. A fixed term
Bill, 2018 passed in Parliament employment workman is a workman who has
been engaged on the basis of a written
The Payment of Gratuity (Amendment) Bill, employment contract for a fixed period.
2017 was passed in Parliament.10 The Bill was
introduced in Lok Sabha on December 18, The new Rules state that fixed employment
2018.11 The Bill amends the Payment of workmen will be assured of hours of work, pay
Gratuity Act, 1972. The Act applies to any benefits and other statutory benefits as applicable
establishment, factory, mine, oilfield, plantation, to permanent workmen. These benefits will be
port, railway, company, or shop employing 10 or proportionate to the period of service rendered
more workers. The Act requires employees to be by them. However, fixed term workmen will not
paid gratuity if they have had more than five be entitled to any notice or pay in its lieu, once
years of service. Key features of the Bill are: their contract expires.
The Bill empowers the central government
to (i) notify the period of maternity leave
eligible for qualifying as continuous service;
and (ii) determine the amount of gratuity
available to employees.
The maximum maternity leave, for the
purpose of calculating continuous service
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For more details on the report of the High Level includes smoothening the process of dying for
Committee, please the PRS Monthly Policy terminally ill patients and for persons in
Review for August 2017, here. permanent vegetative state.
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Monthly Policy Review – March 2018 PRS Legislative Research
under the scheme will be allowed to take More information on the Surrogacy (Regulation)
cashless benefits from any public/private Bill, 2016 is available here.
empanelled hospitals across the country.
Eligibility: The entitlement under the scheme Standing Committee submits report on
will be decided on the basis of deprivation National Medical Commission Bill, 2017
criteria in the Socio-Economic Caste Census The Standing Committee on Health and Family
database. The different categories in rural Welfare (Chairperson: Prof. Ram Gopal Yadav)
areas include: (i) families having only one submitted its report on the National Medical
room with kucha walls and kucha roof, (ii) Commission Bill, 2017.24 The Bill seeks to
families having no adult member between age repeal the Indian Medical Council Act, 1956 and
16 to 59 years, and (iii) female headed provide for a medical education system which
households with no adult male member ensures: (i) availability of adequate and high
between age 16 to 59 years, among others. quality medical professionals, (ii) adoption of the
For urban areas, 11 defined occupational latest medical research by medical professionals,
categories are entitled for the benefits under (iii) periodic assessment of medical institutions,
the scheme. and (iv) an effective grievance redressal
Financing: The payments for treatment will mechanism. Key observations and
be done on package rate (to be defined by the recommendations of the Committee are
government in advance) basis. The package summarised below:
rates will include all the costs associated with Composition of the National Medical
treatment. States/ UTs will have the flexibility Commission (NMC): The Committee
to modify these rates within a limited observed that the strength of the NMC and the
bandwidth. For coordination between the representation from states as proposed in the
centre and states, it is proposed to set up Bill must be increased for its effective
Ayushman Bharat National Health Protection functioning. It also noted the lack of proper
Mission Council chaired by the Union Health representation of elected medical professionals
and Family Welfare Minister. The in the composition of the NMC as 80% of
expenditure incurred in premium payment will them are nominated. The Committee
be shared between central and state recommended that the total strength of the
governments in specified ratio as per Ministry NMC be increased from 25 members to 29
of Finance guidelines. members. These 29 members will include the
Chairperson, 6 ex-officio members, 9 elected
Cabinet approves moving official registered medical practitioners (part-time), 10
amendments in the Surrogacy members who are nominees of states/UTs
(Regulation) Bill, 2016 (part-time), and 3 other part-time members.
The Union Cabinet approved moving official Appellate jurisdiction: The central
amendments in the Surrogacy (Regulation) Bill, government has the appellate jurisdiction over
2016.21 The details of these amendments are not the decisions taken by the NMC. In this
available in the public domain. regard, the Committee stated that giving the
appellate jurisdiction to the central
The Bill was introduced by the Minister of government does not fit into the constitutional
Health and Family Welfare in Lok Sabha on provision for separation of powers. It
November 21, 2016.22 The Bill defines recommended constitution of a Medical
surrogacy as a practice where a woman gives Appellate Tribunal comprising of a
birth to a child for an intending couple and Chairperson, who should be a sitting or retired
agrees to hand over the child to them after the Judge of the Supreme Court or a Chief Justice
birth. It prohibits commercial surrogacy, but of a High Court, and two other members (with
allows altruistic surrogacy. The Standing special knowledge in the medical profession
Committee on Health and Family Welfare and education, and health administration).
(Chairperson: Prof. Ram Gopal Yadav) This Tribunal will have an appellate
submitted its report on the Bill in August, 2017.23 jurisdiction over the decisions taken by the
The Committee recommended a surrogacy model NMC instead of the central government.
based on compensation rather than altruistic
surrogacy. The compensation must take care of Licentiate examination: Under the Bill, the
several things including the wages lost during the National Licentiate Examination (NLE) is
pregnancy, psychological counselling, and post- compulsory for any MBBS doctor to make
delivery care. him eligible to practice medicine. The
Committee observed that unless the NLE is
carefully designed, there is apprehension that a
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number of MBBS doctors who have passed specified by the National Electronic Health
their university level examinations, may be Authority. Key features of the Draft Bill are:
debarred from practice on disqualifying the
Meaning of ‘Digital Health Data’: Digital
NLE. In this context, the Committee
health data refers to an electronic record of
recommended that the NLE be integrated with
health related information about an individual
the final year MBBS examination and be
which includes information: (i) concerning the
conducted at the state level.
individual’s physical or mental health, (ii)
For a PRS Summary of the Report, click here. concerning any health service provided to the
individual, and (iii) derived from the testing or
Cabinet approves official amendments to examination of a body part or bodily substance
National Medical Commission Bill, 2017 of the individual.
The Union Cabinet approved some amendments Functions of the National Electronic Health
to the National Medical Commission Bill, Authority: The National Electronic Health
2017.25 These amendments include: Authority of India will be set up under the Bill
to ensure confidentiality and privacy of digital
Final MBBS examination to be held as a health data. Its powers and functions include:
common exam across the country and would (i) formulating standards and guidelines for
serve as an exit test called the National Exit the generation, collection, storage, and
Test (NEXT). Students would not have to transmission of digital health data, (ii)
appear in a separate exam after MBBS to get ensuring data protection and preventing the
license to practice as proposed in the Bill. breach or theft of digital health data, and (iii)
Removal of the provision of a Bridge course conducting periodical investigations to ensure
for AYUSH practitioners to practice modern compliance with the provisions of the Bill.
medicine as proposed in the Bill. State Electronic Health Authorities will be set
Fee regulation for 50% seats in private up at the state level to ensure that the clinical
medical institutions and deemed universities, establishments and other entities in the state
which is an increase from the maximum collect, store, transmit, and use digital health
limit of 40% seats in the Bill. data as per the provisions of the Bill.
Nominees of states and UTs in the NMC Ownership of digital health data: The
increased from three to six. The NMC will digital health data generated, collected, stored
comprise of 25 members of which at least 21 or transmitted is owned by the individual
will be doctors. whose health data has been digitised. A
clinical establishment will hold such digital
Monetary penalty for a medical college non- health data in trust for the owner. Further, any
compliant with the norms replaced with other entity who is in custody of any digital
provision for different penalty options for health data will remain the custodian of such
different offences. data, and will be duty bound to protect the
The punishment for any unauthorised privacy, confidentiality, and security of such
practice of medicine is imprisonment of up data. The digital health data may be accessed
to one year along with a fine extending up to by a clinical establishment, on a need to know
Rs five lakh. basis, in such form and manner as may be
prescribed under the Bill.
Comments invited on Draft Digital Penalties for breach of health data: The Bill
Information Security in Healthcare Bill specifies penalties for breach of health data
and serious breach of health data. For the
The Ministry of Health and Family Welfare has breach of such data, the person will be liable
invited comments invited on the Draft Digital to pay damages by way of compensation to the
Information Security in Healthcare Bill until owner of the digital healthcare data. For
April 21, 2018.26 The Bill aims to to provide for serious breach, the person will be punished
electronic health data privacy and for with imprisonment of three to five years, or a
establishment of National and State eHealth fine not be less than Rs five lakh.
Authorities and Health Information Exchanges.
The Health Information Exchanges facilitate the
exchange of health data as per the norms Draft Assisted Reproductive Technology
(Regulation) Bill, 2017 released
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The Department of Health Research released the Rs five lakh to Rs ten lakh for the first
Draft Assisted Reproductive Technology (ART) instance of offence. Subsequent offences
(Regulation) Bill, 2017.27 The Bill seeks to will be punishable with imprisonment for a
regulate and supervise the practice of ART maximum term of 10 years and a fine
services. ART refers to all techniques that between Rs 10 lakh and Rs 20 lakh.
attempt to obtain a pregnancy by handling the
sperm or the egg outside the human body and
transferring the gamete or the embryo into the
reproductive tract of a woman. Key features of Education
the Draft Bill include:
Nivedita Rao (nivedita@prsindia.org)
National Board for assisted reproductive
technology: A National Board for ART will Cabinet approves continuation of the
be set up. Its functions include: (i) advising Rashtriya Uchchatar Shiksha Abhiyan
the central government on policy matters
relating to ART, (ii) reviewing and The Cabinet Committee on Economic Affairs
monitoring the implementation of the Bill, approved the continuation of Rashtriya
and (iii) laying down the code of conduct to Uchchatar Shiksha Abhiyan (RUSA) from April
be observed by persons working at ART 1, 2017 to March 31, 2020.28 RUSA aims to
clinics, (iv) setting the minimum standards improve access, equity, and accessibility of
of physical infrastructure, laboratory and higher education and increase the Gross
diagnostic equipment, and expert manpower Enrolment Ratio (student enrolment as a
to be employed by ART clinics and banks, proportion of the corresponding eligible age
and (v) overseeing the performance of group in a given year) to 30% by 2020. Further,
various bodies constituted under the Bill. it seeks to increase the spending on higher
education by the state governments. Between
Every state and Union Territory government 2017-18 to 2019-20, Rs 9,604 crore has been
will establish a State Board for ART to estimated as the total cost of the scheme.
exercise the jurisdiction and discharge the
functions outlined in the Bill. The costs under RUSA are shared between the
central government and state governments in the
Setting up a National Registry: A ratio of 90:10 for North-Eastern States, Jammu &
National Registry will be created of all ART Kashmir, Himachal Pradesh, and Uttarakhand,
Clinics and Banks in India. The functions of 60:40 for other states and UTs with legislature,
the Registry include: (i) registering all the and 100:0 for UTs without legislature.
ART clinics and banks in India and issuing a
unique registration number to them, (ii)
HRD Ministry invites suggestions on
cancelling the registration of any of the ART
clinics and banks, if the data obtained from rationalising curriculum for class 1 to 12
them periodically do not satisfy the The Ministry of Human Resource Development
provisions of the Bill, and (iii) assisting in invited suggestions on rationalising the
accreditation, supervision, and regulation of curriculum for class 1 to 12.29 The objective of
the ART clinics and banks. seeking suggestions is to make the content more
balanced in various subjects offered from class 1
Duties of ART clinics and banks: The
to class 12 as prescribed by National Council of
duties of ART clinics and banks include: (i)
Educational Research and Training and the
ART clinics will obtain donor gametes from
Central Board of Secondary Education. The
ART banks that have ensured that the donor
suggestions can be made from March 5, 2018 to
has been medically tested for certain
April 6, 2018.
diseases, (ii) providing professional
counselling to commissioning couples about
all the implications and chances of success Cabinet approves formulation of a new
of ART procedures, and (iii) maintaining a Integrated Scheme for School Education
grievance cell for matters relating to such The Cabinet Committee on Economic Affairs
clinics and banks. approved the Integrated Scheme on School
Offences and penalties: Offences under Education. The Scheme subsumes Sarva
the Bill include: (i) abandoning or Shiksha Abhiyan (SSA), Rashtriya Madhyamik
disowning a child born through ART, (ii) Shiksha Abhiyan (RMSA) and Teacher
trading of human embryo or gametes, and Education (TE) from April 1, 2018 to March 31,
(iii) using any intermediates to obtain 2020.30 These are all individual schemes under
gamete donors. The penalty will be between the Ministry of Human Resource Development
focussed on elementary, secondary, and teacher
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ensuring successful community participation Value added exports: As per the draft
in forest management. Policy, focus should be on the promotion of
value added indigenous and tribal products
Financial support: The budget of the
and organic products.
forestry sector of the states will be enhanced
proportionately to the allocation of central Platform for stakeholders: Under the draft
resources devolved, based on the Finance Policy, a mechanism will be established to
Commission weightage on forest resources link self help groups, farmer producer
of the states. organisations, cooperatives, private
processors and traders. This can include
Institutional framework: A National
development of an e-commerce platform for
Board of Forestry headed by the central
providing farmers direct linkage to exports.
minister in-charge of forests and State
Boards of Forestry headed by state minister Agri-startup fund: Entrepreneurs will be
in-charge of forests will be established. supported in starting a new venture in agri-
These Boards will ensure inter-sectoral based products exports.
convergence, simplification of procedures,
Suggestions on the draft Policy are invited till
conflict resolution, and periodic review.
April 5, 2018.
The Ministry is seeking comments on the draft
Policy till April 14, 2018. Cabinet approves North-East Industrial
Development Scheme (NEIDS) 2017
The Union Cabinet approved the North Eastern
Commerce and Industry Industrial Development Scheme (NEIDS) 2017
with an outlay of Rs 3,000 crore till March
Sai Priya Kodidala (saipriya@prsindia.org) 2020.36 Under the scheme, eligible industrial
units will be provided incentives to promote
Draft Agriculture Export Policy released industrialisation. The incentives include:
The Department of Commerce released a draft Central Capital Investment Incentive for
Agriculture Export Policy 2018.35 The draft Access to credit: Incentive of 30% of the
Policy seeks to double farmers’ income and investment (maximum five crore rupees) in
increase the share of agricultural exports from plant and machinery per industrial unit.
around 30 billion USD currently to more than 60
Central Comprehensive Insurance
billion USD by 2022. Key recommendations of
Incentive: Reimbursement of 100%
the draft policy include:
insurance premium on insurance of the
Stable trade policy: The draft Policy aims building, and plant and machinery for a
to provide assurance that processed period of five years.
agricultural products and organic products
Goods Service Tax (GST)
will not brought under export restrictions,
reimbursement: Reimbursement of central
such as export duty, and export ban.
government’s share of Central GST and
Involvement of state governments: A Integrated GST for a period of five years.
nodal state department or agency will be
Income tax reimbursement:
identified for promotion of agriculture
Reimbursement of the central government’s
export. Such nodal body will be responsible
share of income tax collected for a period of
for addressing issues faced by exporters,
five years.
identifying infrastructure and logistic
bottlenecks, among others. Further,
agricultural exports must be included in the Task Force on Artificial Intelligence
state export policy. submits report
Cluster development based on products: The Task Force on Artificial Intelligence (AI),
State governments can identify clusters with (Chaiperperson: Dr. V. Kamakoti) constituted
high export potential and monitor under the Department of Industrial Policy and
development through a cluster facilitation Promotion, submitted its report.37 The Task
framework led by a district collector. Under Force was constituted in August, 2017.38 Terms
the draft Policy, 50 district clusters have of reference of the Task Force include: (i)
been identified for export promotion based identifying areas of application for AI
on horticultural products. technology and make recommendations for faster
adoption of AI in private and public areas, (ii)
deliberate and suggest ways to address concerns
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The target energy norms under the Policy for auction in 16 instalments as compared to the
11 urea units will be implemented from 10 instalments currently allowed.
April 1, 2018.
Cap on spectrum holding: The overall
For another 14 urea manufacturing units, spectrum cap (maximum spectrum that can
which failed to meet the target energy be held by a telecom service provider) is
norms, the present energy norms with token revised from 25% to 35%. Further, there is
penalties are extended for a further period of a cap of 50% on combined spectrum holding
two years. in sub-1 GHz bands (such as 700 MHz).
There would be no cap for individual or
Further, three Naphtha based urea units will
combined spectrum holding in bands above
be allowed to operate based on current
1 GHz subject to the overall limit.
energy norms for another two years or till
gas pipeline connectivity.
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For a PRS Summary, please see here. (cooperation in areas such as training, counter
terrorism, military studies, and cyber security),
Cabinet approves amendments to (ii) cultural exchange (including exchange in
regulations for municipalities in Union areas of theatre, archaeology, and literature), (iii)
Territories contractual employment of Indian nationals in
Jordan, (iv) health and medicine (including
The Union Cabinet approved amendments to: (i) cooperation in health research, treatment of TB,
the Daman and Diu Municipalities (Amendment) and regulation of pharmaceuticals and devices,
Regulation, 2018, (ii) the Dadra and Nagar and (v) exchange of information regarding
Haveli Municipal Council (Amendment) customs duties, taxes, and other charges. 57
Regulation, 2018, and (iii) the Andaman and
Nicobar Islands Municipal (Amendment) Vietnam: Vietnam and India signed three
Regulation, 2018.52 These seek to amend: (i) the agreements in the areas of: (i) establishing
Daman and Diu Municipalities Regulation, 1968, framework for enhancing economic and trade
(ii) the Dadra and Nagar Haveli Municipal cooperation, (ii) promoting technology in the
Council Regulation, 2004, and (iii) the Andaman field of agriculture, and (iii) cooperation in the
and Nicobar Island Municipal Regulation, 1994, field of atomic energy for peaceful purposes. 58
respectively. The proposed amendments provide France: France and India signed 14 agreements
for provisions relating to anti-defection, in various sectors including: (i) combating illicit
constructive no-confidence motion, and trafficking and consumption of drugs, (ii) mutual
establishment of ombudsman, among others. recognition of education qualifications, (iii)
technical cooperation in railways (including high
Cabinet approves continuation of speed rail, station renovation, and modernisation
Swatantra Sainik Samman Yojana of infrastructure), (iv) exchange of information
in fields of environment and climate change, (v)
The Union Cabinet approved the continuation of urban development (including exchange of
the Swatantra Sainik Samman Yojana (SSSY) information on smart city development, and
during 2017-2020.53 The scheme provides for a urban transportation systems), (vi) cooperation in
monthly Samman Pension to freedom fighters, hydrography, nautical documentation, and
and on their demise, their spouses, and thereafter, maritime safety.59
unmarried and unemployed daughters and
dependent parents. The financial implications President visits Madagascar
for continuing SSSY during 2017-2020 would be
Rs 2,553 crore. President Ram Nath Kovind visited Madagascar
and signed two agreements for cooperation in the
fields of: (i) defence, and (ii) cooperative
marketing arrangements.60
External Affairs
Vinayak Krishnan (vinayak@prsindia.org)
1
“Developments in India’s Balance of Payments during the borrowed funds for Ministry of Railways to undertake
third quarter of 2017-18”, Reserve Bank of India, Press projects”, Press Information Bureau, Ministry of Railways,
Release, March 16, 2018, March 26, 2018.
https://rbidocs.rbi.org.in/rdocs/PressRelease/PDFs/PR24701 4
The Finance Bill, 2018,
A6AFAD5B30343ADA77D61519E5EF305.PDF.
http://www.prsindia.org/uploads/media/Finance%20Bill%20
2
“Preliminary Information Memorandum For Inviting 2018/Finance%20Bill%202018.pdf.
Expression of Interest for Strategic Disinvestment of Air
5
India Limited”, Ministry of Civil Aviation, March 28, 2018, The Fugitive Economic Offenders Bill, 2018,
http://www.civilaviation.gov.in/sites/default/files/PRELIMIN http://www.prsindia.org/uploads/media/Fugitive%20Economi
ARY%20INFORMATION%20MEMORANDUM.pdf. c%20Offenders/Fugitive%20Economic%20Offenders%20Bil
l,%202018.pdf.
3
“Government Guarantee for Indian Railway Finance
Corporation (IRFC) Bonds: to further ease the flow of
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Monthly Policy Review – March 2018 PRS Legislative Research
23
“Report no.102: The Surrogacy (Regulation) Bill, 2016”,
6 Standing Committee on Health and Family Welfare, August
The Chit Funds (Amendment) Bill, 2018,
10, 2017,
http://www.prsindia.org/uploads/media/Chit%20Fund/Chit%
http://164.100.47.5/newcommittee/reports/EnglishCommittee
20Funds%20(A)%20Bill,%202018.pdf.
s/Committee%20on%20Health%20and%20Family%20Welfa
7 re/102.pdf.
The Chit Fund Act, 1982, http://lawmin.nic.in/ld/P-
ACT/1982/The%20Chit%20Funds%20Act,%201982.pdf. 24
“Report no.109: The National Medical Commission Bill,
8
Discontinuance of Letters of Undertaking (LoUs) and 2017”, Standing Committee on Health and Family Welfare,
Letters of Comfort (LoCs) for Trade Credits, Press Release, March 20, 2018,
Reserve Bank of India, March 13, 2018, http://164.100.47.5/newcommittee/reports/EnglishCommittee
https://rbi.org.in/Scripts/NotificationUser.aspx?Id=11227&M s/Committee%20on%20Health%20and%20Family%20Welfa
ode=0. re/109.pdf.
9
Master Direction - External Commercial Borrowings, Trade 25
“Cabinet approves certain official amendments to the
Credit, Borrowing and Lending in Foreign Currency by National Medical Commission (NMC) Bill“, Ministry of
Authorised Dealers and Persons other than Authorised Health and Family Welfare, March 28, 2018, Press
Dealers, Reserve Bank of India, Updated as on March 16, Information Bureau.
2018, 26
Draft Digital Information Security in Healthcare Bill,
https://rbi.org.in/Scripts/BS_ViewMasDirections.aspx?id=10
Ministry of Health and Family Research, March, 2018,
204#C63.
https://www.mohfw.nic.in/newshighlights/comments-draft-
10
The Payment of Gratuity (Amendment) Bill, 2018, digital-information-security-health-care-actdisha.
http://www.prsindia.org/uploads/media/Payment%20of%20G 27
Draft Assisted Reproductive Technology (ART)
ratuity%20Bill,%202017/Payment%20of%20Gratuity%20Ac
(Regulation) Bill, 2017, Department of Health Research,
t,%202018.pdf.
March, 2018, http://dhr.gov.in/circulars/assisted-
11 reproductive-technology-regulation-bill-2017.
The Payment of Gratuity (Amendment) Bill, 2017,
http://www.prsindia.org/uploads/media/Payment%20of%20G 28
“Cabinet approves continuation of Centrally Sponsored
ratuity%20Bill,%202017/Payment%20of%20Gratuity%20(A
Scheme of Rashtriya Uchchatar Shiksha Abhiyan (RUSA) -
mendment)%20Bill,%202017.pdf.
National Higher Education Mission”, Ministry of Human
12 Resource Development, March 21, 2018, Press Information
The Maternity Benefit (Amendment) Act, 2017,
http://www.prsindia.org/uploads/media/Maternity%20Benefit Bureau.
/Maternity%20Benefit%20(Amendment)%20Act,%202017.p 29
“HRD Ministry invites suggestions on rationalizing
df.
curriculum for class I to XII”, Ministry of Human Resource
13
“Industrial Employment (Standing Orders) Central Rules, Development, March 5, 2018, Press Information Bureau.
1946, Ministry of Labour and Employment, March 16, 2018, 30
“Cabinet approves formulation of a new Integrated Scheme
https://labour.gov.in/sites/default/files/FTE%20Final%20Noti
for School Education from 1st April, 2018 to 31st March,
fication.pdf.
2020”, Cabinet Committee on Economic Affairs. March 28,
14
The Specific Relief (Amendment) Bill, 2017, 2018, Press Information Bureau.
http://www.prsindia.org/uploads/media/Specific%20Relief/S 31
“Cabinet approves continuation of the Credit Guarantee
pecific%20Relief%20(A)%20Bill,%202017.pdf.
Fund for Education Loans Scheme and continuation and
15
“Cabinet approves the Arbitration and Conciliation modification of Central Sector Interest Subsidy Scheme”,
(Amendment) Bill, 2018”, Press Information Bureau, Cabinet Committee on Economic Affairs, March 28, 2018,
Cabinet, March 7, 2018. Press Information Bureau.
16
“Cabinet approves the Commercial Courts, Commercial 32
Committee on Optimal Energy Mix in Power Generation
Division and Commercial Division of High Courts on Medium and Long Term Basis, Ministry of Power,
(Amendment) Bill, 2018”, Press Information Bureau, January 1, 2018,
Ministry of Law and Justice, March 7, 2018. https://powermin.nic.in/sites/default/files/webform/notices/R
17 eport_of_the_Committee_on_optimal_energy_mix_in_power
Common Cause vs Union of India, Writ Petition (Civil) _generation_on_medium_and%20long_term_basis.pdf.
No. 215 of 2005,
http://supremecourtofindia.nic.in/supremecourt/2005/9123/91 33
“37th Report: Stressed/ Non-Performing Assets in
23_2005_Judgement_09-Mar-2018.pdf. Electricity Sector”, Standing Committee on Energy, March 7,
2018,
“Cabinet approves Establishment of National Financial
18
http://164.100.47.193/lsscommittee/Energy/16_Energy_37.pd
Reporting Authority”, Press Information Bureau, Cabinet, f.
March 1, 2018.
34
“Draft National Forest Policy, 2018-Inviting comments/
19
“The National Financial Reporting Authority (Manner of suggestions/ views of stakeholders including Public/ Private
Appointment and other Terms and Conditions of Service of Organisations, Experts and concerned citizens, Ministry of
Chairperson and Members) Rules, 2018”, Ministry of Environment, Forest and Climate Change, March 14, 2018,
Corporate Affairs, March 21, 2018, http://envfor.nic.in/sites/default/files/Inviting%20comments
http://www.mca.gov.in/Ministry/pdf/ReportingAuthorityRule %20from%20all%20concerned%20stakeholders%20on%20D
2103_21032018.pdf. raft%20National%20Forest%20Policy%202018_1.pdf.
20
“Cabinet approves Ayushman Bharat – National Health 35
Draft Agriculture Export Policy 2018, Ministry of
Protection Mission”, Press Information Bureau Cabinet, Commerce and Industry, March 19, 2018,
March 21, 2018. http://commerce.gov.in/writereaddata/uploadedfile/MOC_63
21
“Cabinet approves moving official amendments in the 6571617294118126_Draft_Agr_Export_Policy.pdf.
"Surrogacy (Regulation) Bill, 2016", Press Information 36
“Cabinet approves North-East Industrial Development
Bureau, Cabinet, March 21, 2018. Scheme (NEIDS) 2017”, Press Information Bureau, Ministry
22 of Commerce and Industry, March 21, 2018.
The Surrogacy (Regulation) Bill, 2016,
http://www.prsindia.org/uploads/media/Surrogacy/Surrogacy 37
Task Force on Artificial Intelligence, Department of
%20%20%28Regulation%29%20Bill,%202016.pdf. Industrial Policy and Promotion, Ministry of Commerce and
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Monthly Policy Review – March 2018 PRS Legislative Research
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