Hot Off The PressNews

The Government has set up a five-member committee to examine the issues related to framing of a proper, structured scheme for providing of insurance cover to the advocates and also suggest modalities for the implementation of such scheme. Union Minister for Law & Justice has set-up the committee under the chairmanship of Secretary Legal Affairs. Other members of the committee will include a senior representative from the Department of Financial Services and representative of the Department of legal affairs. The committee will also have one representative each from Bar Council of India and State Bar Councils.

In an order to this effect, Mr Ravi Shankar Prasad has directed that the committee shall recommend a comprehensive insurance scheme for the welfare of the advocated all over India to address concerns relating to untimely death and medical insurance. It states that the committee should submit its reports within three months and if the need be the committee may take opinion from all stakeholders including the representatives of the insurance companies to devise the proposed scheme. The committee shall also suggest the modalities of administration of the insurance scheme under a high powered body with adequate representatives of all stakeholders.

Earlier this month a delegation of lawyers led, among others by Shri Manan Mishra, Senior Advocate, Supreme Court of India, and which included Members of Bar Council of India and office bearers of various Advocates Associations met the Union Law Minister, Shri Ravi Shankar Prasad in connection with their concerns and demands. Union Minister had promised the delegation that the union government would seriously consider setting up of a structured scheme providing the security of insurance cover needs to address the problem of untimely death and medical insurance cover. He said the scheme may include assistance from central and state governments as also the involvement of State Bar Councils and in the representatives operating lawyer’s welfare fund.

[Source: PIB]

Ministry Of Law & Justice

Case BriefsSupreme Court

Supreme Court: The Bench comprising of Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta, JJ., in an order stated that the critical problem of “solid waste management” in Delhi certainly requires the active cooperation and assistance of the residents of Delhi.

The Bench on a careful reading of the report prepared by Ragini Jain and Almitra H. Patel in five volumes and considering the present situation of Delhi in regard to the solid waste management requested the Lt. Governor of Delhi to constitute a committee that would be responsible to go through the in-depth aspects of solid waste management in Delhi along with the cleaning of the dumpsites in Gazipur, Bhalswa, and Okhla. Further, the Court asked for the formation of a workable and implementable policy for the stated purpose.

The Supreme Court while directing the formation of the stated committee by the Lt. Governor asked them to not rush into taking any decision as the matter is of considerable importance. Also, the Committee was asked to be collaborative while the decision-making process would take place and in a manner that the cleanup mission brings a forward step instead of any hurdles for the said issue.

The matter was further listed for 27-08-2018 while asking the amicus curiae to suggest 4 to 5 people from the civil society who could be the member of the Committee. [Outrage as Parents End Life After Childs Dengue, In Re,2018 SCC OnLine SC 1016, Order dated 17-8-2018]

Hot Off The PressNews

Pursuant to the order dated 26.04.2018 of Madras High Court in Writ Petitions Nos. 14232 and 17778 of 2017, University Grants Commission (UGC) has constituted a Committee consisting of Prof. R.C. Deka, Former Director, AIIMS, New Delhi (Chairman), Dr. O.P. Kalra, Vice-Chancellor Pt. B.D. Sharma University of Health Sciences Rohtak; Prof. (Ms.) Saroj Chooramani Gopal, Former VC, King George Medical University, Lucknow; Prof. Mahesh Verma Director, Maulana Azad Institute of Dental Sciences, New Delhi; Prof.  Dr. Ajay S. Chandanwale, Dean, Byramjee Jeejeebhoy Government Medical College & Sassoon General Hospitals, Pune; Shri S.K. Ray, Former Additional Secretary & Financial Advisor, MHRD and nominee of each of Ministry of Health & Family Welfare, Dental Council of India, Medical Council of India and Ministry of Human Resource Development to regulate the fees chargeable by self-financed Deemed to be Universities in Medical and Dental Courses.

Ministry of Human Resource Development

Hot Off The PressNews

The Ministry of Corporate Affairs (MCA) has constituted a 10 Member Committee, headed by the Secretary of Ministry of Corporate Affairs, for review of the penal provisions in the Companies Act, 2013 may be setup to examine ‘de-criminalisation’ of certain offences. The MCA seeks to review offences under the Companies Act, 2013 as some of the offences may be required to be decriminalised and handled in an in-house mechanism, where a penalty could be levied in instances of default. This would also allow the trial courts to pay more attention on offences of serious nature. Consequently, it has been decided that the existing compoundable offences in the Companies Act, 2013 viz. offences punishable with fine only or punishable with fine or imprisonment or both may be examined and a decision may be taken as to whether any of such offences may be considered as ‘civil wrongs’ or ‘defaults’ where a penalty by an adjudicating officer may be imposed in the first place and only consequent to further non-compliance of the order of such authority will it be categorised as an offence triable by a special court.

It is also required to be seen as to whether any non-compoundable offences viz. offence punishable with imprisonment only, or punishable with imprisonment and also with fineunder the Companies Act, 2013 may be made compoundable. The Committee shall submit its report within thirty days to the Central Government for consideration of its recommendations.

The terms of reference of the Committee are as follows:

  1. To examine the nature of all ‘acts’ categorised as compoundable offences viz. offences punishable with fine only or punishable with fine or imprisonment or both under the CA-13 and recommend if any of such ‘acts’ may be re-categorised as ‘acts’ which attract civil liabilities wherein the company and its ‘officers in default’ are liable for penalty;
  2. To review the provisions relating to non-compoundable offences and recommend whether any such provisions need to be re-categorised as compoundable offence;
  3. To examine the existing mechanism of levy of penalty under the CA-13 and suggest any improvements thereon;
  4. To lay down the broad contours of an in-house adjudicatory mechanism where penalty may be levied in a MCA21 system driven manner so that discretion is minimised;
  5. To take necessary steps in formulation of draft changes in the law;
  6. Any other matter which may be relevant in this regard.

The Committee’s constitution, under the Chairmanship of Secretary, is the following:

(1) Secretary,  Ministry of Corporate Affairs Chairperson
(2) Shri T.K. Vishwanathan, Former Secretary General Lok Sabha and Chairman, BLRC Member
(3) Shri Uday Kotak, MD, Kotak Mahindra Bank Member
(4) Shri Shardul S Shroff, Executive  Chairman, Shardul Amarchand Mangaldas & Co. Member
(5) Shri Ajay Bahl, Founder Managing Partner, AZB & Partners Member
(6) Shri Amarjit Chopra, Senior Partner, GSA Associate Member
(7) Shri Arghya Sengupta, Vidhi Centre for Legal Policy Member
(8) Shri Sidharth Birla, Former President, FICCI Member
(9) Ms. Preeti Malhotra, Partner and Executive Director of Smart Group Member
(10) Joint Secretary (Policy), Ministry of Corporate Affairs Member-Secretary

Ministry of Corporate Affairs

Case BriefsSupreme Court

Supreme Court: In a case where the Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007′, the Admissions Rules, 2008 and the Madhya Pradesh Private Medical and Dental Post Graduate Courses Entrance Examination Rules, 2009, that regulate the admission of students in post graduate courses in private professional educational institutions and deal with fixation of fee and reservation of seats, the Court held that education is treated as a noble ‘occupation’ on ‘no profit no loss’ basis. Thus, those who establish and are managing the educational institutions are not expected to indulge in profiteering or commercialise this noble activity.

The constitutional bench comprising of Anil R Dave, Dr. A K Sikri, R K Agrawal, Adarsh K Goel and R Banumathi, JJ held that though the right to establish and administer an institution includes the right to admit students and to set up a reasonable fee structure, fixing of rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable restrictions. The State can forbid charging of capitation fee and profiteering. The object of setting up educational institution is not to make profit. There could, however, be a reasonable revenue surplus for development of education. Hence, it was held that the unitary CET will tackle the capitation fee and bring about transparency.

Holding that for admission, merit must play an important role, the Court held that such merit should be determined either by the marks that students obtained at qualifying examination or at the CET conducted by the institutions or in the case of professional colleges, by Government Agencies.

Considering the corruption in the MCI, the Court constituted and Oversight Committee to oversee the functioning of the MCI consisting of the following members:

  1. Justice R.M. Lodha, former Chief Justice of India
  2. (Dr.) Shiv Sareen, Director, Institute of Liver and Biliary Sciences
  3. Shri Vinod Rai, former Comptroller & Auditor General of India

It was hence said that to achieve fulfillment of twin objectives of transparency and merit the State is permitted to provide a procedure of holding a CET in the interest of securing fair and merit based admissions and preventing maladministration. [Modern Dental College and Research Centre v. State of Madhya Pradesh, 2016 SCC OnLine SC 373, decided on 02.05.2016]