14 Indians among world’s top 100 venture capitalists

The CB Insights report evaluated the investors on the basis of their investments since 2008

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Dr. Justice Balbir Singh Chauhan appointed as chairperson of the Law Commission of India

Dr. Justice Balbir Singh Chauhan appointed as chairperson of the Law Commission of India

Government has appointed Dr. Justice Balbir Singh Chauhan, retired Judge, Supreme Court of India, as Chairperson, 21st Law Commission w.e.f. afternoon of today (15th March, 2016). He will remain on this post upto 31st August, 2018. Apart from this, Mr. Justice Ravi R. Tripathi, retired Judge, Gujarat High Court, has been appointed as Member (full-time) from yesterday (14th March, 2016) upto 31st August, 2018.

The 21st Law Commission of India was constituted by the Government of India on 14th September, 2015 for a period of three years since September 1st, 2015 till 31st August, 2018. 

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Lok Sabha clears Real Estate Bill as passed by Rajya Sabha

Lok Sabha clears Real Estate Bill as passed by Rajya Sabha

Shri Venkaiah Naidu clarifies various issues of the Bill

Real Estate Bill is Prime Minister’s Gift to the Nation, says Shri Naidu

The Bill shall have a bearing on the ongoing projects and houses

70% is for both construction cost and land cost to be maintained by the promoter is a separate account and not an escrow account

Imprisonment Provision for non-compliance, as a last option

Single window approval system is being developed for ensuring timely completion of housing projects

Lok Sabha today approved the Real Estate (Regulation and Development) Bill, 2016. The bill seeks to create a set of rights and obligations for both the consumers and developers and encourage both of them to live up to the expectations of each other as per the agreement entered into by both of them.

Moving the Bill pending in Lok Sabha after it got passed in Rajya Sabha on March 6, Minister of Housing & Urban Poverty Alleviation Shri M. Venkaiah Naidu clarified the position on the issues such as how the Bill will be applicable to existing projects; the Rules on setting aside 70% of customer advances in an escrow account; compulsory approvals prior to project launches, and payment of similar interest rate to customers as charged from them for delays will impact launches and increase compliance costs. The clarifications by the Minister on different issues are as below:

Requirement to deposit 70% of collections:

• The account to be maintained by the promoter is a separate bank account and not an escrow account.
• Also, the deposit of 70% is for both construction cost and land cost, and if the land cost has already been incurred the promoter can withdraw to that extent
• Requirement to be met for such withdrawals is provided in the act.
• This provision has only been provided to ensure that project funds are not diverted and projects are completed on time.

Ongoing Projects:

• Upon passage of this Bill existing/ongoing projects would not come to a standstill, as is being made out by some respondents from the industry.
• The Bill does not provide that the existing projects should stop all operations until complied with the provisions of the Bill.
• The Bill only provides that upon the formation of the Regulatory Authorities all promoters of existing projects, coming within the ambit of the Bill, would need to register and provide and upload all project details on the website of the Authority.
• A window of 3 months from the date of commencement of the said clause/section has been given to the promoters for registration.
• The developers need to to specify the project details of such apartments so that prospective buyers will make informed choices, project status is known to all and to ensure that the projects are completed on time.

Imprisonment Provision:

• Regarding the provision of imprisonment for any violations of the orders of the regulatory authorities or the Appellate Tribunal, it is certainly not a first option but only the last option.
• There are many regulatory laws in the country with imprisonment provisions under which 3 to 10 years of imprisonment is provided for. Under Securities Act, Insurance Act and Pension Fund Act, 10 years of imprisonment is provided. Food security Act has 7 years provision while it is 5 years under Electricity Act and Reserve Bank of India Act.
• There can’t be a consumer without a developer and vice versa. Keeping in mind the importance of developers for mobilization of land and resources for housing projects, the last option of imprisonment has been kept at 3 years.

Ensuring timely approvals for housing projects

The act also provides under clause 32(b) for the Real Estate Regulatory Authority to take up with appropriate government of competent authority, the creation of a single window system for ensuring time bound project approvals and clearances for timely completion of projects.

Shri Naidu has said that with a target is to ensure that all required approvals are given in about a month’s time, he held 7 high level meetings with the Ministers of Environment, Forests and Climate Change, Civil Aviation, Defence, Consumer Affairs, and Culture for streamlining such approvals. All these ministries as a result have taken significant measures to ensure online and timely approvals. Single window approval system is being developed to standardize and settle timelines for approvals and use of IT & GIS for automation of such systems, setting up nodal agency & empowered committees, Shri Naidu added.

• M/o Civil Aviation – Coloured Coded Zoning Maps (CCZMs) of 13 major airports available online, 9 more by June 2016, Automated NOC approval system & height clearance operational (on 6.1.2016)
• M/o Culture – Online NOC process notified,handheld APP, heritage byelaws.
• M/o Defence – Review of Ammunition Storage Policy, LMA’s instructed to share restricted zone details with municipal bodies. CCZM’s for four defence airports by April, 2016.
• Model Building Bye Laws finalized by Ministry of UD in consultation with MoEF & CC.
• MoEF & CC has agreed to integrate environmental conditions and norms in building approval process and now included in the Model Building Bye laws by MOUD. Now it’s up to the States, to adopt this model building by laws and there shall be no need separate clearance by MOEF up to 1.5 lakh Sq.Mtrs .
• Revision of National Building Code National Building Code, 2015 finalized after incorporating MoUD’s Model Building Bye Laws (MBBL).

The Minister assured the industry that with the establishment of a regulatory mechanism there would be greater flow of investment, both national and foreign, into the sector, resulting in reduction in cost of borrowing.

The Bill requires project promoters to register their projects with the Regulatory Authorities disclosing project information including details of promoter, project including schedule of implementation, lay out plan, land status, status of approvals, agreements along with details of real estate agents, contractors, architects, structural engineers etc. Shri Naidu said that this enables transparent, accountable and timely execution of projects.

The Minister further said that the Real Estate Bill, 2016 enables the people meet their genuine aspirations of owning a house including those of urban poor by giving a fillip to affordable housing initiative under which the Government intends to enable construction of 2 crore by the year 2022 under Prime Minister’s Awas Yojana (Urban).

Shri Naidu has said that the Real Estate Bill is a gift to the nation by the Prime Minister. The passage of the bill is an example of Prime Minister’s commitment to total transformation, added the Minister.

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Safety Standards for Cars

Safety Standards for Cars

The Government has formulated safety standards for car manufacturers to make safe cars. These are contained in the Automotive Industry Standards (AIS) under the Central Motors Vehicles Regulations, 1989 (CMVR). There is provision under rule 126 of Central Motor Vehicle Rules, 1989 (CMVR) that every manufacturer of motor vehicles other than trailers and semi-trailers requires to submit the prototype of the vehicle to be manufactured by him for test by any of the agencies specified therein for granting a certificate to the compliance of provisions of Central Motor Vehicle Act, 1988 and Central Motor Vehicle Rules, 1989. Rules 126A of CMVR requires the test agencies, referred to in Rule 126, to also conduct test on vehicles drawn from the production line of the manufacturer to verify whether these vehicles conform to the provisions of Rules under Section 110 of the Motor Vehicle Act, 1988. Enforcement of provision of CMV Act and CMV Rules come under the purview of the State Governments/UTs.

Further, India is taking steps towards harmonization of national regulations of safety standards for passenger cars with UN-ECE regulations. Ministry of Road Transport & Highways has formed a dedicated panel for introducing safety features in new vehicles under ‘Bharat New Vehicle Safety Assessment Programme’ which will be voluntary from October, 2017 and mandatory by October, 2020.

However, if a safety defect which poses risk of accident or harm to the vehicle occupant is recognized in vehicles, the manufacturers conduct a voluntary recall and offer to rectify the vehicles free of charge.

All safety norms prescribed under the CMVR 1989 are based on the UN/European Regulations which are internationally accepted. Some of the regulations like Frontal Crash Test which requires mandatory fitment of airbags, the Ministry of Road Transport & Highways has already notified crash regulations for new vehicles from 1st April, 2017. 

Impact of Passive Smoking on Children

Impact of Passive Smoking on Children

As per Global Youth Tobacco Survey, a school-based survey of students in grades 8, 9, and 10 conducted in 2009, one in five students live in homes where others smoke, and more than one-third of the students are exposed to smoke around others outside of the home; one-quarter of the students have at least one parent who smokes.

Exposure to second hand smoke results in lung cancer and heart diseases among adults, and SIDS (Sudden Infant Death Syndrome), chronic respiratory infections, exacerbation/worsening of asthma, reduced lung function growth, middle ear diseases, and acute respiratory illnesses among children. Smoking in the home affects babies and young children as well as the elderly and other adults, especially women.

The Government has taken measures including, inter alia, the following to curb smoking: (i) Enactment of the “Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, (COTPA) 2003”.

(ii) Ratification of WHO Framework Convention on Tobacco Control.

(iii) Launch of the National Tobacco Control Programme (NTCP) in the year 2007-08, with the objectives to (a) create awareness about the harmful effects of tobacco consumption, (b) reduce the production and supply of tobacco products, (c) ensure effective implementation of the anti-tobacco laws and (d) help the people quit tobacco use through Tobacco Cessation Centres.

(iv) Notification of rules to ban smoking in public places.

(v) Notification of rules to regulate depiction of tobacco products or their use in films and TV programmes.

(vi) Notification of rules on new pictorial health warnings on tobacco product packages.

(vii) Launch of public awareness campaigns through a variety of media. v Government of India has banned certain kinds of smokeless tobacco products like gutkha and chewing tobacco through the notification issued under the Food Safety and Standards Act, 2006. Other tobacco products are regulated by the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA 2003), which contain provisions, inter alia, relating to ban on sale of tobacco products by/to minors, ban on sale of tobacco products within 100 yards of educational institutions, ban on promotions/advertisements of tobacco products, etc. 

steps taken towards elimination of Kala-Azar

steps taken towards elimination of Kala-Azar

To achieve the Kala-azar elimination goal by 2017 set by the WHO, the following steps have been taken:

1.      National Roadmap for Kala-azar Elimination (2014) has been circulated to states with clear goal, objectives, strategies, timelines with activities and functions at appropriate level. This document has been developed for focused intervention at national, state, district and sub-district  and village levels.

2.      Treatment of Kala-azar patient with single day single dose Liposomal Amphotericin B (AmBisome) injection has improved treatment compliance. Unintrupted  free supply of AmBisome  is ensured by WHO.

3.      Regular supply of diagnostic kit (rapid diagnostic test) and drugs in states is ensured.

4.      Funds are provided to states for incentive of Rs. 500/- to Kala-azar patient   and Rs. 2,000/- to PKDL case from GoI  to compensate loss of wages.

5.      Incentive of Rs. 300/- to ASHA /health volunteer  to bring Kala- azar suspected case to health facility and to ensure  complete treatment. ASHA is also being paid Rs. 200/- during  indoor residual spray for social mobilization and community acceptance to allow spray in their rooms.

6.      Active search of Kala azar and  Post Kala-azar Dermal Leishmaniasis (PKDL) case and IEC/BCC with the help of development partners.

7.      In 21 high endemic districts of Bihar (15 districts), Jharkhand (4 districts) and West Bengal (2 districts), DDT has been replaced by Syenthetic Pyrethroid where vector showed tolerance towards DDT. All endemic Kala-azar villages are covered with focal spray where new case is found during non IRS period. Hand Compression pumps are being used for spraying.

8. Govt. of India is closely working with development partners like  Bill Melinda Gates Foundation(BMGF); KalaCORE Consortium; Rajendra Memorial Research Institute (RMRI); National Centre for Disease Control (NCDC), Patna and World Health Organisation (WHO) for achieving the desired goal of elimination.

9.  The Kala-azar Elimintion is being reviewed on monthly basis by Prime Minister’s Office (PMO) and higher officials of Ministry of Health & Family Welfare.

Programme is striving hard to achieve elimination within the target set by WHO. With the supportive monitoring, regular reviews and  field visits, 502 (80%) blockPHCs out of 625 endemic block PHCs have shown less than one case per 10,000 population in 2015 at block PHC level.

Addressing the Problems of Rural Health

The health status of the population, especially that of rural population, does require improvement. However, the condition of the health services in rural areas of the country has improved after the launch of the National Rural Health Mission.

As per the National Health Profile, 2015, the number of beds in rural hospitals is 183602 as against 492177 beds in urban hospitals.

Public health being a State subject, the primary responsibility to provide health care facilities lies with the State Governments. To address the healthcare challenges, particularly in rural areas, the National Rural Health Mission (NRHM) was launched in 2005 to supplement the efforts of the State/UT governments to provide accessible, affordable and quality healthcare. The National Rural Health Mission (NRHM) has now been subsumed under the National Health Mission (NHM) as its Sub-Mission, along with National Urban Health Mission (NUHM) as the other Sub-Mission.Support under NHM is provided to State/UTs for setting up new facilities or renovation of existing facilities, health human resource on contractual basis, drugs, equipment, diagnostics, Ambulances, Mobile Medical Units etc based on the requirement posed by the States/UTs in their Programme Implementation Plans (PIPs).

The government has already taken steps towards provision of free services for maternal health, child health, adolescent health, family planning, universal immunization programme, and for major diseases such as TB, vector borne diseases such as Malaria, dengue and Kala Azar, leprosy etc. Other major initiatives for which states are being supported include JananiShishuSurakshaKaryakram (JSSK), RashtriyaBalSwasthyaKaryakram (RBSK), RashtriyaKishorSwasthyaKaryakram (RKSK), implementation of National Health Mission Free Drugs Service Initiative and National Health Mission Free Diagnostics Service Initiative, Strengthening District Hospitals and implementation of National Quality Assurance Framework. To address health inequities, 184 High Priority Districts have been identified for enhanced fund allocation and focused attention. 

Measures to Reduce Anaemia in Women

Measures to Reduce Anaemia in Women

As per National Family Health Survey (NFHS) - III (2005-06), prevalence of anaemia in women is 55.3%.  State-wise prevalence of anaemia in women of reproductive age group (15-49 years) as per the latest survey data is given below.

The steps taken by Government to prevent and treat anaemia amongst women are as follows:

        i.            Ministry of Health and Family Welfare in 2013 launched “National Iron Plus Initiative” as a comprehensive strategy to combat the public health challenge of Iron Deficiency Anaemia prevalent across the life cycle. There are age specific interventions with Iron and Folic Acid Supplementation and Deworming for improving the haemoglobin levels and reducing the prevalence of anaemia for all age groups, that is children 6-59 months, 5 – 10 years, adolescent girls and boys (11-19 years), pregnant and lactating women and women in reproductive age group (20 – 49 years).

     ii.            Universal screening of pregnant women for anaemia is a part of ante-natal care and all pregnant women are provided iron and folic acid tablets during their ante-natal visits through the existing network of sub-centers and primary health centres and other health facilities as well as through outreach activities at Village Health & Nutrition Days (VHNDs). 

   iii.            Every pregnant woman is given iron and folic acid, after the first trimester, to be taken 1 tablet daily for 6 months during ante-natal and post-natal period.  Pregnant women, who are found to be clinically anaemic, are given additional tablet for taking two tablets daily.

   iv.            Government of India has given directions to the States for identification and tracking of severely anaemic cases at all the sub centres and PHCs for their timely management.

      v.            Health and nutrition education through IEC & BCC to promote dietary diversification, inclusion of iron folate rich food as well as food items that promotes iron absorption.  

   vi.            To tackle the problem of anemia due to malaria particularly in pregnant women and children, Long Lasting Insecticide Nets (LLINs) and Insecticide Treated Bed Nets (ITBNs) are being distributed in endemic areas.

 vii.            Health management information system & Mother Child tracking system is being implemented   for reporting the cases of anemic and severely anaemic pregnant women.

viii.            MCP Card and Safe Motherhood Booklet are being distributed to the pregnant women for educating them on dietary diversification and promotion of consumption of IFA.

   ix.            184 High Priority Districts (HPDs) have been identified and prioritized for Reproductive Maternal Newborn Child Health+ Adolescent (RMNCH+A) interventions for achieving improved maternal and child health outcomes.

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