Appointments & TransfersNews

S.O. 3121(E)— In exercise of the powers conferred by sub-section (1) of Section 8 read with sub-section (1) of Section 10 of the Competition Act, 2002 (12 of 2003), the Central Government, vide office order No. Comp-05/9/2018- Comp-MCA dated the 11th July, 2019, appointed Shri Bhagwant Singh Bishnoi (IFS:1983) as Member of the Competition Commission of India, with effect from the 17th July, 2019 (forenoon) for a period of five years, or till he attains the age of 65 years, or until further orders, whichever is earlier.

2. The terms and conditions of his service shall be governed by the Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003.


Ministry of Corporate Affairs

[F. No. 05/9/2018-Comp-MCA]

[Notification dt. 28-08-2019]

Legislation UpdatesNotifications

S.O. 1595(E)— In pursuance of Section 4 of the Commission for Protection of Child Rights Act, 2005 (4 of 2006), the Government of India hereby appoint Ms Pragna Parande as Member (Juvenile justice or care of neglected or marginalized children or children with disabilities), National Commission for Protection of Child Rights in the pay scale equivalent to that of an Additional Secretary to the Government of India with effect from 09th March, 2019(A/N) for a period of three years, or until on attaining the age of 60 years, or until further orders, whichever is the earlier.

S.O. 1596(E) — In pursuance of Section 4 of the Commission for Protection of Child Rights Act, 2005 (4 of 2006), the Government of India hereby appoint Ms Rosy Taba as Member (Elimination of child labour or children in distress), National Commission for Protection of Child Rights in the pay scale equivalent to that of an Additional Secretary to the Government of India with effect from 10th March, 2019(F/N) for a period of three years, or until on attaining the age of 60 years, or until further orders, whichever is the earlier.

[Dt. 27-03-2019]

Ministry of Women and Child Development

Appointments & TransfersNews

S.O. 1512(E)— In exercise of powers conferred by Section 4(4) read with Section 4(1) of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Central Government hereby nominates Shri K.V.R. Murty, Joint Secretary, Ministry of Corporate Affairs as Member of the Securities and Exchange Board of India (SEBI) vice Shri Injeti Srinivas, Secretary, Ministry of Corporate Affairs with immediate effect and until further orders.

[F. No. 2/23/2006-RE]

[Notification dt. 01-04-2019]

Ministry of Finance

Appointments & TransfersNews

S.O.1298(E)— In exercise of the powers conferred by clause (b) of Sub-Section (3) of Section 5 read with clause (c) of Sub-Section (1) of Section 6 of the University Grants Commission Act 1956 (3 of 1956), the Central Government hereby appoints Prof. (Dr.) Nagesh Thakur, Professor, Department of Physics, Himachal Pradesh University, Summer Hill, Shimla as a Member of the University Grants Commission with immediate effect, for a term of three years or till further orders, whichever is earlier.

[No.7-4/2017-U1(A)]

Ministry of Human Resource and Development

Case BriefsSupreme Court

Supreme Court: A Bench comprising of A.K. Sikri, Ashok Bhushan and S. Abdul Nazeer, JJ. dismissed a set of appeals filed against the judgment of Madras High Court whereby it had dismissed writ petitions filed by the appellants challenging the nominations made by the Central Government to Legislative Assembly of Union Territory of Puducherry.

The Central Government had nominated three members to the Legislative Assembly in the exercise of its power under Section 3(3) of the Government of Union Territories Act, 1963. Main grievance of the petitioners (appellants herein) was that the nominations should have been made by the Central Government after consultation and on the advice of the Council of Ministers of Puducherry.

Certain issues were framed before the Supreme Court which delivered its decision after considering various points. The conclusion of the Court on each point is delineated hereinafter:

1. Whether the expression “Central Government” in Section 3(3) means the Administrator?

-The definition of Central Government given in Section 3(3) of the Act is an exhaustive definition. In the present case, the definition of Central Government, as occurring in Section 3(3) has to be read as to mean “the President” and not the Administrator.

2. Whether the nomination in the Legislative Assembly of the Puducherry is the business of the Government to be transacted in accordance with the Rules of Business of the Government of Puducherry, 1963?

-Nomination in Legislative Assembly of Puducherry is not business of the Government of Puducherry. It is a business of Central Government as per Section 3(3) to be carried out in accordance with the Government of India (Allocation of Business) Rules, 1961 and Government of India (Transaction of Business) Rules, 1961.

3. Whether nomination by Central Government in the Legislative Assembly without concurrence of Government of
UT of Puducherry violates principles of Federalism?

-Article 239-A of the Constitution with regard to UT of Puducherry itself envisages the constitution of legislative body partly by nomination and partly by election. Thus, there is no breach of federal principles.

4. Whether nomination by the Central Government can only be made with the concurrence of the Government of Puducherry?

-The Court did not find any established practice or convention to the fact that names for nominations to members of the Legislative Assembly has to emanate from Chief Minister and can be made by the Central Government only after concurrence of CM.

5.Whether recommendations made by Madras High Court in Para 5 of the impugned judgment are unsustainable and not in accordance with the law?

-The recommendations contained in Para 5 are nothing but recommendations to Parliament to frame legislation on various aspects as enumerated therein. There being already Rules of Business for carrying out the functions by Central Government as per Article 77(3) of the Constitution, there was no justification for making the recommendations. In result, all recommendations made in Para 5 of the impugned judgment were set aside.

6. Whether the members in Legislative Assembly shall have no voting right in two matters, i.e.,

 (i) budget and (ii) no-confidence motion against the Government?

-Section 12(1) of the Act provides that “all questions” at any sitting of the Legislative Assembly of the UT shall be determined by a majority of votes of the members “present and voting” other than the Speaker or person acting as such. When the expression used is votes of members present, obviously the members of the Assembly both elected and the nominated person has to be counted. Nominated members are not prohibited from voting.

Resultantly, the judgment of Madras High Court impugned herein was affirmed except the directions/recommendations made in Para 5. The appeals were, therefore, dismissed. [K. Lakshminarayanan v. Union of India,2018 SCC OnLine SC 2730, decided on 06-12-2018]

Hot Off The PressNews

India has been re-elected to the Council of the International Maritime Organization [IMO] under Category “B” at the 30th session of the Assembly of the IMO held in London on 01 December, 2017. The IMO Council consists of 40 member countries. In Categories “A” and “B” there are 10 members each and in Cateogary “C” 20 members, who are elected by the IMO Assembly. IMO Council plays a crucial role to play in deciding various important matters within the mandate of the IMO, in relation to the global shipping industry, including its work programme strategy and budget.
Unlike in the past where India was re-elected to the IMO Council un-opposed, this time, for the 10 seats under Category “B” two new entrants, i.e. UAE, a non-member of the IMO Council so far and Australia, presently a member of the IMO Council under Category “C” had filed their nomination and this had necessitated holding of the election. India, however, emerged a winner in the keenly contested election.
The 30th Session of the IMO Assembly is being held at IMO Headquarters London from 27 November to 06 December, 2017. The Assembly session is being attended by a high level Indian delegation led by Shri Nitin Gadkari, Minister of Shipping, Road Transport & Highways, Water Resources, River Development and Ganga Rejuvenation, Shri Gopal Krishna, Secretary (Shipping), Shri Amitabh Kumar, Additional Director General of Shipping, Capt. Jayakumar, Deputy Nautical Advisor, Directorate General of Shipping and representative of the Indian Register of Shipping.
India has a large merchant marine fleet of 1359 vessels, both on foreign going and coastal operations, with a combined Gross Tonnage of 12.2 million. Nearly 90% of India’s overseas trade by volume is carried through maritime transport. Nearly 92% of these goods are carried through foreign flag vessels. With the Indian economy poised to grow at a faster pace, there exist more opportunities for both the Indian and foreign flag vessels, to carry large volumes of goods, to and from the Indian coasts. India has a strong contingent of more than 145,000 active seafarers who continue to be the preferred choice for specialized vessels.
India has been one of the earliest members of the IMO, having ratified its Convention and joined it as a member-state in the year 1959. India has had the privilege of being elected to and serving the Council of the IMO, ever since it started functioning, and till date, except for two years for the period 1983-1984.
India is a party to 34 IMO Conventions and protocols and is currently in the advanced stage of ratifying Ballast Water Convention and Bunker Convention. India has already deposited with the ILO, instrument of ratification of the Seafarers’ Identity Documents Convention (revised), 2003 and Maritime Labour Convention, 2006.

India continues to provide services of its expert manpower to the IMO, as and when required. The IMO’s panel of auditors for the Voluntary IMO Member State Audit Scheme (VIMSAS) and Goal Based Standards (CBS) has a number of auditors from India. A number of domain experts also participate in the meetings of working groups constituted by IMO Committees.  With re-election in IMO, India will continue to engage with the international maritime community to further her maritime interests and promote the welfare of her citizens.

Ministry of Shipping