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WINTER SESSION OF PARLIAMENT 
Legislative Agenda Impacting Business 
Nov 24 to Dec 23, 2014 
SUMMARY 
The Modi government is expected to take several decisive measures towards reform in the winter 
session starting next week. The government is expected to discuss 67 bills pending across both houses, 
introduce new bills, and pass between 24 and 35 items of legislation in 22 sittings. 
Strengthening governance structures is a key focus of the new government, and the agenda for the 
winter session is expected to echo the concerns of the ruling alliance in the upcoming Assembly 
elections. To this effect, the government may consider removing antiquated laws through The 
Repealing and Amending Bill, 2014, while making land acquisition easier for industry through 
amendments to The Land Acquisition Act that was passed last year. Additionally, government may 
also propose introducing legislation enabling establishment of a coal regulator, as well as of rules and 
guidelines for regulating the auction process. 
Given the government’s focus on raising India’s ranking as an investor-friendly nation, decisions on 
several enabling enactments are expected to rank high on the parliamentary agenda, such as: The 
Goods and Service Tax Constitutional Amendment Bill, which seeks to simplify the tax regime; The 
Insurance Laws (Amendment) Bill, 2008, which aims to raise the Foreign Direct Investment cap; and, 
amendments to The Mines and Minerals Development and Regulation Act. Additionally, with an aim 
towards strengthening fiscal health, the government may introduce — during the year if not during 
the winter session — legislation that will draw inspiration from the Vajpayee regime’s strategies for 
fiscal management. Further actions may include revising the economic indicators for anchoring 
decisions on monetary control, as well as privatising loss-making public sector entities, both of which 
should be monitored for their influence on market dynamics and on options for financing across 
sectors. 
While the government has stimulated high expectations of delivering reform and results, the regime 
may face challenges during the winter session. While the National Democratic Alliance controls the 
Lower House of Parliament, the alliance is a minority in the Upper House, where competing parties, 
including members of the former government led by the United Progressive Alliance, may choose to 
pursue different legislative agenda. While consideration and passage of bills in the upcoming session 
should be expected to be influenced by, and subsequently guide, the larger development and 
economic growth plans of the new government, impairments to passage of key legislation, such as 
land acquisition, could affect implementation of signature, high-profile projects, like Smart Cities. 
Hence, with an effort to sustain investor confidence and ensure smooth implementation of the 
session, the government may exercise caution and delay review of potentially conflicting legislation.
2 
KEY BILLS THAT COULD BE DISCUSSED 
THE REPEALING AND AMENDING BILL, 2014 
THE GOODS AND SERVICE TAX CONSTITUTIONAL AMENDMENT BILL, 2014 
THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) (AMENDMENT) BILL, 2014 
THE REAL ESTATE (REGULATION AND DEVELOPMENT) BILL, 2013 
THE MINES (AMENDMENT) BILL, 2011 
THE INSURANCE LAWS (AMENDMENT) BILL, 2008 
THE COAL REGULATORY AUTHORITY BILL, 2014 
THE COAL MINES (SPECIAL PROVISIONS) RULES, 2014 
THE DRUGS AND COSMETICS (AMENDMENT) BILL, 2013 
THE FACTORIES (AMENDMENT) BILL, 2014 
THE WILD LIFE (PROTECTION) AMENDMENT BILL, 2013 
THE PESTICIDES MANAGEMENT BILL, 2008 
LAND ACQUISITION ACT (AMENDMENT), 2014 
THE CONSUMER PROTECTION (AMENDMENT) BILL, 2014 
THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2013 
The bills have been categorized as below:
3 
OVERVIEW OF KEY BILLS 
THE REPEALING AND AMENDING BILL, 2014 
Introduced by Ravi Shankar Prasad, Former Minister of Law and Justice, in the Lok Sabha on 11 August 
2014, the Bill seeks to revoke approximately 36 enactments that have either ceased to be in force or 
have become obsolete, including, The Indian Fisheries Act of 1897, The Foreign Jurisdiction Act of 
1947, The Sugar Undertakings (Taking Over of Management) Act of 1978 and The Employment of 
Manual Scavengers and Construction of Dry Latrines (Prohibition) Act of 1993. The Bill also seeks to 
pass minor amendments to two laws, i.e., The Prohibition of Manual Scavengers Act, 2013, and The 
Whistle Blowers Protection Act, 2011. 
THE GOODS AND SERVICE TAX CONSTITUTIONAL AMENDMENT BILL, 2014 
Expected to be introduced by Arun Jaitley, Minister of Finance, the proposed Bill follows a Constitution 
Amendment Bill that was introduced by the UPA government in the Lok Sabha in 2011, and that lapsed 
with the change in government. The Bill is aimed at expediting the Goods and Service Tax (GST) regime 
that will simplify the indirect tax structure while creating a national market for all goods and services. 
Building a consensus among State governments would be critical for the passage of this long overdue 
legislation. The government is preparing to introduce the Bill mid-session. It is hoping for a quick 
resolution of persisting issues, such as compensation of short-term revenue loss to states and 
inclusion of petroleum and alcohol. Given that the GST Bill is a Constitutional Amendment, state 
governments will be required to vet it in state assemblies within six months of passage by the 
Parliament. 
THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) (AMENDMENT) BILL, 2014 
Expected to be introduced by Narendra Singh Tomar, Minister of Mines, the Bill proposes to amend 
the principal act to include transparent and competitive bidding processes for all minerals. The Bill 
includes provisions for enforcing stiff penalties and special state-level courts to regulate illegal mining. 
Auctioning, including e-auctioning, of mining leases for bulk minerals, like iron ore, bauxite and 
manganese has also been proposed to address the issue of administrative delays. The Central 
government may be empowered to prescribe timelines for processing applications for grant and 
renewal of mining concessions. A centrally-governed additional royalty-based levy to fund District 
Mineral Foundations may earmark funds for the benefit of people and infrastructure affected by 
mining. 
THE REAL ESTATE (REGULATION AND DEVELOPMENT) BILL, 2013 
Introduced by Dr. Girija Vyas, Former Minister of Housing and Urban Poverty Alleviation, in the Rajya 
Sabha on 14 August 2013, the Bill was referred to the Standing Committee on Urban Development 
that submitted its report on 13 February 2014. The Bill aims to make the sale of plots, apartments,
4 
and buildings efficient and transparent while protecting the interests of consumers. The Bill 
establishes state-level tribunals - called Real Estate Appellate Tribunals (REATs) - that will have the 
authority to repeal decisions of the Real Estate Regulatory Authorities (RERAs), also established by the 
Bill. 
While the Bill will override inconsistent state regulations of real estate projects, issues concerning 
duration for project approval, clarity in land titles, and prevalence of black money will continue to be 
included in the State Lists. Additionally, provisions mandating financing of construction projects might 
also raise overall project costs in different circumstances following the Bill’s passage. 
THE MINES (AMENDMENT) BILL, 2011 
Introduced by Mallikarjun Kharge, Former Hon’ble Minister of Labour and Employment, in the Rajya 
Sabha on 23 March 2011, the Bill was referred to the Standing Committee on Labour. The Bill extends 
the application of the principal act to the territorial waters, continental shelf, the exclusive economic 
zones, and maritime zones of India, and strengthens mechanisms for monitoring the operations of 
mines and safety of workers therein. 
Stakeholders have expressed concern that the Bill does not distinguish application procedure for bulk 
minerals from those of minerals that are difficult to access. 
THE INSURANCE LAWS (AMENDMENT) BILL, 2008 
Introduced by Pawan Kumar Bansal, Former Minister of State in the Ministry of Finance and Minister 
of State in the Ministry of Parliamentary Affair, in the Rajya Sabha on 22 December 2008, the Bill was 
referred to the Standing Committee on Finance. The Bill raises the ceiling for foreign equity investment 
from 26% to 49% and allows entry of foreign re-insurers in the Indian insurance sector. Additionally, 
the Bill requires companies or cooperative societies in the life and general insurance sectors to 
maintain equity capital of Rs 100 crores, and in the health insurance business, equity capital of Rs 50 
crores. The Bill empowers the Securities Appellate Tribunal set up under the SEBI Act, 1992 rule on 
appeals against decisions of Insurance Regulatory and Development Authority (IRDA), while repealing 
a provision in the IRDA Act, 1999 that requires Indian promoters of an insurance company to reduce 
their stake to 26% over a period of ten years. 
Recommendations by the Law Commission to merge key provisions of the IRDA Act with the Insurance 
Bill have not been incorporated, while clarity is still lacking on the issue of whether members of Lloyd’s 
of London, recognised as a foreign company in the Bill, will be allowed to operate in the country. 
Another point of contention is an amendment introduced by the BJP after coming into power that 
seeks to expand the definition of, “foreign investment,” to include Foreign Institutional Investors (FIIs). 
THE COAL REGULATORY AUTHORITY BILL, 2014 
Expected to be introduced by Piyush Goyal, Minister of State for Coal (Independent Charge), the Bill 
will establish a watchdog agency for the national coal sector, along with a mechanism for ensuring 
supply to power and steel plants in the country. The proposed legislation empowers the coal authority
5 
to influence pricing of coal, which the previous government had felt would conflict with the Coal 
Ministry’s powers when the Bill was considered in the Lok Sabha last year. 
THE COAL MINES (SPECIAL PROVISIONS) RULES, 2014 
The Bill is expected to constitute the implementation aspect of THE COAL MINES (SPECIAL 
PROVISIONS) ORDINANCE, 2014 passed by President Pranab Mukherjee on 21 October 2014 to 
authorise the e-auction of 74 coal blocks in February 2015. The Bill will allow successful bidders to use 
coal from allocated mines for any of their other plants after informing the government. The Bill also 
outlines compensation to prior allottees of the allocated mines; the Centre is expected to determine 
the floor, reserve price metrics prior to the auctions. 
THE DRUGS AND COSMETICS (AMENDMENT) BILL, 2013 
Introduced by Ghulam Nabi Azad, Former Minister of Health and Family Welfare, in the Rajya Sabha 
on 29 August 2013, the Bill changes the name of the Act to, “Drugs, Cosmetics and Medical Devices 
Act, 1940,” and changes the definition of drugs to include new drugs, while recognising medical 
devices as distinct from the category of, “drugs”. Amendments address issues of safety, efficacy, 
quality and conduct of clinical trials, while also specifying conditions and penalties for misbranding, 
adulteration, and spurious use of the aforementioned products. 
THE FACTORIES (AMENDMENT) BILL, 2014 
Introduced by Narendra Singh Tomar, Minister of Labour and Employment, in the Lok Sabha on 7 
August 2014 and considered by the Standing Committee on Labour, the NDA’s landmark labour reform 
Bill seeks to modernise the Factories Act, 1948. Proposed amendments to the Act are focused on: 
improving health and safety measures for workers employed in factories, allowing women 
employment for night shifts in factories, revising overtime and annual leave criteria, and amending 
the definition of factories. The Bill also increases authority of the central government over matters 
pertaining to occupational health and safety, which reside with the state governments in the principal 
act. 
THE WILD LIFE (PROTECTION) AMENDMENT BILL, 2013 
Introduced by Jayanthi Natarajan, Former Minister of State (Independent Charge), Ministry of 
Environment and Forests, in the Rajya Sabha on August 5, 2013, the Bill was referred to the Standing 
Committee on Environment and Forests. The Bill aims to orient India’s protection and conservation 
efforts to the requirements of the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES). The Bill outlines legislation for: manufacture, use, transport and sale of animal 
traps; treatment of wild life and forest produce; international trade of endangered species of wild 
flaura and fauna; protection of Scheduled Tribes in the Andaman & Nicobar Islands; and, change in 
nomenclature of The Tiger and Other Endangered Species Crime Control Bureau.
6 
THE PESTICIDES MANAGEMENT BILL, 2008 
Introduced by Sharad Pawar, Former Minister of Agriculture and Consumer Affairs, Food & Public 
Distribution, in the Rajya Sabha on 21 October 2008, the Bill proposes replacing the Insecticides Act 
of 1968. Defining criteria for pesticides and their effective use, the Bill also establishes licensing 
procedures across the pesticides supply chain, a committee for registering pesticides, as well as a 
Central Pesticides Board to advise the government on pesticide regulation, manufacture and disposal. 
Regulation and licensing of pesticides will be based on the Food Safety and Standards Act, which was 
withdrawn from discussion in the winter session in lieu of fresh amendments. 
LAND ACQUISITION ACT (AMENDMENT), 2014 
Passed in the last winter session of Parliament in February 2014, the Land Acquisition Act aimed to 
provide fair compensation for farm land used for industrial purposes. The proposed amendment aims 
to make the land acquisition process more transparent and investor-friendly. The Rural Development 
Ministry is expected to introduce amendments to remove some of the most restrictive provisions of 
the 2013 regulation, such as: requirements for the consent of local communities for grant of Public 
Private Partnership and private projects; and, the requirements for social impact assessment for 
project approval. However, provisions addressing compensation, rehabilitation and resettlement of 
local communities will be retained as stated in the parent legislation. 
THE CONSUMER PROTECTION (AMENDMENT) BILL, 2014 
Originally introduced by K V Thomas, Member of Parliament, Kerala in the Lok Sabha on 16 December 
2011, the Bill was referred to the Standing Committee on Food, Consumer Affairs and Public 
Distribution before lapsing with the change in government. Expected to be reintroduced in the coming 
session, the Bill permits an electronic form for filing complaints, and defines fair and unfair trade 
practices, including penalties for noncompliance with contracts and directives of various authorities 
that consider and rule complaint cases, such as the District Forum, State Commission and National 
Commission. 
THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2013 
Introduced by V Narayanasamy, Former Minister of State in the Ministry of Personnel, Public 
Grievances and Pensions and Minister of State in the Prime Minister's Office, in the Rajya Sabha on 19 
August 2013, the Bill was referred to the Standing Committee on Personnel, Public Grievances, Law 
and Justice on 23 August 2013. The Bill modifies the definitions and penalties related to bribery of a 
public servant under abetment, and extends protections offered by the Act to former officials. 
Stakeholders have expressed concern that the Bill deletes provisions protecting bribe givers from 
prosecution for statements made during trials, and fails to regulate public officials’ illegal activities 
and abuse of their offices.
Contact the Public Affairs practice 
Edelman India’s Public Affairs (PA) practice combines industry, regulatory affairs and communications knowledge to develop and execute PA campaigns based on solid research and insights that inform impactful strategies. We work with our clients to anticipate issues, and plan and respond to the emerging challenges at national, state and local levels. At the core of the offering is the ability to develop long-term relationships and maintain constant engagement, instead of an ad hoc approach. Our team of 29 personnel includes senior industry professionals, domain experts, researchers and writers from a wide range of backgrounds. We have access to an extended group of advisors from civil service, media and NGO circles who help us navigate the vast and complex stakeholder universe in India. Edelman India has offices in Mumbai, Delhi and Bangalore, and a vast network of representatives in state capitals. 
Contact us 
Peter Bellini, Associate Director, Public Affairs 
peter.bellini@edelman.com 
Follow us 
@EdelmanIndiaPA

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Winter Parliament Session Legislative Agenda - by Edelman India

  • 1. 1 WINTER SESSION OF PARLIAMENT Legislative Agenda Impacting Business Nov 24 to Dec 23, 2014 SUMMARY The Modi government is expected to take several decisive measures towards reform in the winter session starting next week. The government is expected to discuss 67 bills pending across both houses, introduce new bills, and pass between 24 and 35 items of legislation in 22 sittings. Strengthening governance structures is a key focus of the new government, and the agenda for the winter session is expected to echo the concerns of the ruling alliance in the upcoming Assembly elections. To this effect, the government may consider removing antiquated laws through The Repealing and Amending Bill, 2014, while making land acquisition easier for industry through amendments to The Land Acquisition Act that was passed last year. Additionally, government may also propose introducing legislation enabling establishment of a coal regulator, as well as of rules and guidelines for regulating the auction process. Given the government’s focus on raising India’s ranking as an investor-friendly nation, decisions on several enabling enactments are expected to rank high on the parliamentary agenda, such as: The Goods and Service Tax Constitutional Amendment Bill, which seeks to simplify the tax regime; The Insurance Laws (Amendment) Bill, 2008, which aims to raise the Foreign Direct Investment cap; and, amendments to The Mines and Minerals Development and Regulation Act. Additionally, with an aim towards strengthening fiscal health, the government may introduce — during the year if not during the winter session — legislation that will draw inspiration from the Vajpayee regime’s strategies for fiscal management. Further actions may include revising the economic indicators for anchoring decisions on monetary control, as well as privatising loss-making public sector entities, both of which should be monitored for their influence on market dynamics and on options for financing across sectors. While the government has stimulated high expectations of delivering reform and results, the regime may face challenges during the winter session. While the National Democratic Alliance controls the Lower House of Parliament, the alliance is a minority in the Upper House, where competing parties, including members of the former government led by the United Progressive Alliance, may choose to pursue different legislative agenda. While consideration and passage of bills in the upcoming session should be expected to be influenced by, and subsequently guide, the larger development and economic growth plans of the new government, impairments to passage of key legislation, such as land acquisition, could affect implementation of signature, high-profile projects, like Smart Cities. Hence, with an effort to sustain investor confidence and ensure smooth implementation of the session, the government may exercise caution and delay review of potentially conflicting legislation.
  • 2. 2 KEY BILLS THAT COULD BE DISCUSSED THE REPEALING AND AMENDING BILL, 2014 THE GOODS AND SERVICE TAX CONSTITUTIONAL AMENDMENT BILL, 2014 THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) (AMENDMENT) BILL, 2014 THE REAL ESTATE (REGULATION AND DEVELOPMENT) BILL, 2013 THE MINES (AMENDMENT) BILL, 2011 THE INSURANCE LAWS (AMENDMENT) BILL, 2008 THE COAL REGULATORY AUTHORITY BILL, 2014 THE COAL MINES (SPECIAL PROVISIONS) RULES, 2014 THE DRUGS AND COSMETICS (AMENDMENT) BILL, 2013 THE FACTORIES (AMENDMENT) BILL, 2014 THE WILD LIFE (PROTECTION) AMENDMENT BILL, 2013 THE PESTICIDES MANAGEMENT BILL, 2008 LAND ACQUISITION ACT (AMENDMENT), 2014 THE CONSUMER PROTECTION (AMENDMENT) BILL, 2014 THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2013 The bills have been categorized as below:
  • 3. 3 OVERVIEW OF KEY BILLS THE REPEALING AND AMENDING BILL, 2014 Introduced by Ravi Shankar Prasad, Former Minister of Law and Justice, in the Lok Sabha on 11 August 2014, the Bill seeks to revoke approximately 36 enactments that have either ceased to be in force or have become obsolete, including, The Indian Fisheries Act of 1897, The Foreign Jurisdiction Act of 1947, The Sugar Undertakings (Taking Over of Management) Act of 1978 and The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act of 1993. The Bill also seeks to pass minor amendments to two laws, i.e., The Prohibition of Manual Scavengers Act, 2013, and The Whistle Blowers Protection Act, 2011. THE GOODS AND SERVICE TAX CONSTITUTIONAL AMENDMENT BILL, 2014 Expected to be introduced by Arun Jaitley, Minister of Finance, the proposed Bill follows a Constitution Amendment Bill that was introduced by the UPA government in the Lok Sabha in 2011, and that lapsed with the change in government. The Bill is aimed at expediting the Goods and Service Tax (GST) regime that will simplify the indirect tax structure while creating a national market for all goods and services. Building a consensus among State governments would be critical for the passage of this long overdue legislation. The government is preparing to introduce the Bill mid-session. It is hoping for a quick resolution of persisting issues, such as compensation of short-term revenue loss to states and inclusion of petroleum and alcohol. Given that the GST Bill is a Constitutional Amendment, state governments will be required to vet it in state assemblies within six months of passage by the Parliament. THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) (AMENDMENT) BILL, 2014 Expected to be introduced by Narendra Singh Tomar, Minister of Mines, the Bill proposes to amend the principal act to include transparent and competitive bidding processes for all minerals. The Bill includes provisions for enforcing stiff penalties and special state-level courts to regulate illegal mining. Auctioning, including e-auctioning, of mining leases for bulk minerals, like iron ore, bauxite and manganese has also been proposed to address the issue of administrative delays. The Central government may be empowered to prescribe timelines for processing applications for grant and renewal of mining concessions. A centrally-governed additional royalty-based levy to fund District Mineral Foundations may earmark funds for the benefit of people and infrastructure affected by mining. THE REAL ESTATE (REGULATION AND DEVELOPMENT) BILL, 2013 Introduced by Dr. Girija Vyas, Former Minister of Housing and Urban Poverty Alleviation, in the Rajya Sabha on 14 August 2013, the Bill was referred to the Standing Committee on Urban Development that submitted its report on 13 February 2014. The Bill aims to make the sale of plots, apartments,
  • 4. 4 and buildings efficient and transparent while protecting the interests of consumers. The Bill establishes state-level tribunals - called Real Estate Appellate Tribunals (REATs) - that will have the authority to repeal decisions of the Real Estate Regulatory Authorities (RERAs), also established by the Bill. While the Bill will override inconsistent state regulations of real estate projects, issues concerning duration for project approval, clarity in land titles, and prevalence of black money will continue to be included in the State Lists. Additionally, provisions mandating financing of construction projects might also raise overall project costs in different circumstances following the Bill’s passage. THE MINES (AMENDMENT) BILL, 2011 Introduced by Mallikarjun Kharge, Former Hon’ble Minister of Labour and Employment, in the Rajya Sabha on 23 March 2011, the Bill was referred to the Standing Committee on Labour. The Bill extends the application of the principal act to the territorial waters, continental shelf, the exclusive economic zones, and maritime zones of India, and strengthens mechanisms for monitoring the operations of mines and safety of workers therein. Stakeholders have expressed concern that the Bill does not distinguish application procedure for bulk minerals from those of minerals that are difficult to access. THE INSURANCE LAWS (AMENDMENT) BILL, 2008 Introduced by Pawan Kumar Bansal, Former Minister of State in the Ministry of Finance and Minister of State in the Ministry of Parliamentary Affair, in the Rajya Sabha on 22 December 2008, the Bill was referred to the Standing Committee on Finance. The Bill raises the ceiling for foreign equity investment from 26% to 49% and allows entry of foreign re-insurers in the Indian insurance sector. Additionally, the Bill requires companies or cooperative societies in the life and general insurance sectors to maintain equity capital of Rs 100 crores, and in the health insurance business, equity capital of Rs 50 crores. The Bill empowers the Securities Appellate Tribunal set up under the SEBI Act, 1992 rule on appeals against decisions of Insurance Regulatory and Development Authority (IRDA), while repealing a provision in the IRDA Act, 1999 that requires Indian promoters of an insurance company to reduce their stake to 26% over a period of ten years. Recommendations by the Law Commission to merge key provisions of the IRDA Act with the Insurance Bill have not been incorporated, while clarity is still lacking on the issue of whether members of Lloyd’s of London, recognised as a foreign company in the Bill, will be allowed to operate in the country. Another point of contention is an amendment introduced by the BJP after coming into power that seeks to expand the definition of, “foreign investment,” to include Foreign Institutional Investors (FIIs). THE COAL REGULATORY AUTHORITY BILL, 2014 Expected to be introduced by Piyush Goyal, Minister of State for Coal (Independent Charge), the Bill will establish a watchdog agency for the national coal sector, along with a mechanism for ensuring supply to power and steel plants in the country. The proposed legislation empowers the coal authority
  • 5. 5 to influence pricing of coal, which the previous government had felt would conflict with the Coal Ministry’s powers when the Bill was considered in the Lok Sabha last year. THE COAL MINES (SPECIAL PROVISIONS) RULES, 2014 The Bill is expected to constitute the implementation aspect of THE COAL MINES (SPECIAL PROVISIONS) ORDINANCE, 2014 passed by President Pranab Mukherjee on 21 October 2014 to authorise the e-auction of 74 coal blocks in February 2015. The Bill will allow successful bidders to use coal from allocated mines for any of their other plants after informing the government. The Bill also outlines compensation to prior allottees of the allocated mines; the Centre is expected to determine the floor, reserve price metrics prior to the auctions. THE DRUGS AND COSMETICS (AMENDMENT) BILL, 2013 Introduced by Ghulam Nabi Azad, Former Minister of Health and Family Welfare, in the Rajya Sabha on 29 August 2013, the Bill changes the name of the Act to, “Drugs, Cosmetics and Medical Devices Act, 1940,” and changes the definition of drugs to include new drugs, while recognising medical devices as distinct from the category of, “drugs”. Amendments address issues of safety, efficacy, quality and conduct of clinical trials, while also specifying conditions and penalties for misbranding, adulteration, and spurious use of the aforementioned products. THE FACTORIES (AMENDMENT) BILL, 2014 Introduced by Narendra Singh Tomar, Minister of Labour and Employment, in the Lok Sabha on 7 August 2014 and considered by the Standing Committee on Labour, the NDA’s landmark labour reform Bill seeks to modernise the Factories Act, 1948. Proposed amendments to the Act are focused on: improving health and safety measures for workers employed in factories, allowing women employment for night shifts in factories, revising overtime and annual leave criteria, and amending the definition of factories. The Bill also increases authority of the central government over matters pertaining to occupational health and safety, which reside with the state governments in the principal act. THE WILD LIFE (PROTECTION) AMENDMENT BILL, 2013 Introduced by Jayanthi Natarajan, Former Minister of State (Independent Charge), Ministry of Environment and Forests, in the Rajya Sabha on August 5, 2013, the Bill was referred to the Standing Committee on Environment and Forests. The Bill aims to orient India’s protection and conservation efforts to the requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Bill outlines legislation for: manufacture, use, transport and sale of animal traps; treatment of wild life and forest produce; international trade of endangered species of wild flaura and fauna; protection of Scheduled Tribes in the Andaman & Nicobar Islands; and, change in nomenclature of The Tiger and Other Endangered Species Crime Control Bureau.
  • 6. 6 THE PESTICIDES MANAGEMENT BILL, 2008 Introduced by Sharad Pawar, Former Minister of Agriculture and Consumer Affairs, Food & Public Distribution, in the Rajya Sabha on 21 October 2008, the Bill proposes replacing the Insecticides Act of 1968. Defining criteria for pesticides and their effective use, the Bill also establishes licensing procedures across the pesticides supply chain, a committee for registering pesticides, as well as a Central Pesticides Board to advise the government on pesticide regulation, manufacture and disposal. Regulation and licensing of pesticides will be based on the Food Safety and Standards Act, which was withdrawn from discussion in the winter session in lieu of fresh amendments. LAND ACQUISITION ACT (AMENDMENT), 2014 Passed in the last winter session of Parliament in February 2014, the Land Acquisition Act aimed to provide fair compensation for farm land used for industrial purposes. The proposed amendment aims to make the land acquisition process more transparent and investor-friendly. The Rural Development Ministry is expected to introduce amendments to remove some of the most restrictive provisions of the 2013 regulation, such as: requirements for the consent of local communities for grant of Public Private Partnership and private projects; and, the requirements for social impact assessment for project approval. However, provisions addressing compensation, rehabilitation and resettlement of local communities will be retained as stated in the parent legislation. THE CONSUMER PROTECTION (AMENDMENT) BILL, 2014 Originally introduced by K V Thomas, Member of Parliament, Kerala in the Lok Sabha on 16 December 2011, the Bill was referred to the Standing Committee on Food, Consumer Affairs and Public Distribution before lapsing with the change in government. Expected to be reintroduced in the coming session, the Bill permits an electronic form for filing complaints, and defines fair and unfair trade practices, including penalties for noncompliance with contracts and directives of various authorities that consider and rule complaint cases, such as the District Forum, State Commission and National Commission. THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2013 Introduced by V Narayanasamy, Former Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office, in the Rajya Sabha on 19 August 2013, the Bill was referred to the Standing Committee on Personnel, Public Grievances, Law and Justice on 23 August 2013. The Bill modifies the definitions and penalties related to bribery of a public servant under abetment, and extends protections offered by the Act to former officials. Stakeholders have expressed concern that the Bill deletes provisions protecting bribe givers from prosecution for statements made during trials, and fails to regulate public officials’ illegal activities and abuse of their offices.
  • 7. Contact the Public Affairs practice Edelman India’s Public Affairs (PA) practice combines industry, regulatory affairs and communications knowledge to develop and execute PA campaigns based on solid research and insights that inform impactful strategies. We work with our clients to anticipate issues, and plan and respond to the emerging challenges at national, state and local levels. At the core of the offering is the ability to develop long-term relationships and maintain constant engagement, instead of an ad hoc approach. Our team of 29 personnel includes senior industry professionals, domain experts, researchers and writers from a wide range of backgrounds. We have access to an extended group of advisors from civil service, media and NGO circles who help us navigate the vast and complex stakeholder universe in India. Edelman India has offices in Mumbai, Delhi and Bangalore, and a vast network of representatives in state capitals. Contact us Peter Bellini, Associate Director, Public Affairs peter.bellini@edelman.com Follow us @EdelmanIndiaPA