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The Essential Commodities (Amendment) Bill, 2020
The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020
Main provisions –
Doubts –
Clarification –
The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020
Details of films/documentaries to be screened:
The award was presented in four categories:
The main objectives of “Mahila Atmanirbharshil Aachani” are:
Basic objective of YuWaah project :
PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi)
Winners List:
Pradhan Mantri Sahaj Bijli Har Ghar Yojana –“Saubhagya Scheme”
Initiatives for 100% coverage under Saubhagya Scheme :
Context: Recently, the Parliament passed the Essential Commodities (Amendment) Bill, 2020. The Bill replaces an Ordinance promulgated in June 2020 and amends the Essential Commodities Act (ECA), 1955.
Background:
However, the Economic Survey 2019-20 highlighted that government intervention under the ECA 1955 often distorted agricultural trade while being totally ineffective in curbing inflation.
This led to farmers being unable to get better prices due to lack of investment in cold storage, warehouses, processing and export.
Key features of the 2020 bill
Significance of the Essential Commodities (Amendment) Bill, 2020
Road Ahead
Context: The Ministry of Textiles is implementing the Samarth-Scheme for Capacity Building in Textiles Sector. Key Points
Objectives
Implementing Agencies
Context: Amid Pandemic, Care 4 Chendamangalam, which works with weavers in Kerala, brings the eponymous GI-tagged sari for a fund-raiser exhibition to Bengaluru
About Kerala Kasavu Sarees
About Chendamangalam Saree Features
History
Context: Recently, the Ministry of Corporate Affairs (MCA) has notified and deployed a web-form namely ‘SPICe+’ (pronounced SPICe Plus) as a part of Government of India’s Ease of Doing Business (EODB) initiatives.
About SPICe+
Context: Recently, the Cabinet Committee on Economic Affairs has marginally increased the Minimum Support Price (MSP) of six rabi crops for 2021-22.
Key Points
Issues with New Agricultural Reform The farmers are protesting against the three Bills which includes:
In short, the Bills aim to do away with government interference in agricultural trade by creating trading areas free of middlemen and government taxes outside the structure of Agricultural Produce Market Committees (APMCs).
Minimum Support Price
Factors taken into consideration for fixing MSP include
The CACP also makes visits to states for on-the-spot assessment of the various constraints that farmers face in marketing their produce, or even raising the productivity levels of their crops.
Procurement: The Food Corporation of India (FCI), the nodal central agency of the Government of India, along with other State Agencies undertakes procurement of crops.
MSP Calculation: This MSP is usually estimated based on three types of calculation methods.
Additional Information
Context: Recently, the Commission for Agricultural Costs and Prices (CACP) has released the latest report for the 2020-21 kharif marketing season. Current Scenario
Challenges
Recommendations of CACP Report
Review open-ended procurement policy (OEPP)
More Procurement from States like UP and Bihar: Strengthen procurement from states like Bihar, Uttar Pradesh and Rajasthan and restrict procurement from states like Punjab and Haryana where substantial groundwater depletion has occurred and other states that give bonus.
Reserve Price for open Market Sale of Pulses and oilseeds
Why are the Agriculture Bills being opposed
Three Bills on agriculture reforms –
The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020; The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020 and The Essential Commodities (Amendment) Bill, 2020. These three bills introduced in the Parliament on September 14 to replace the ordinances issued during the lockdown.
Opposition members in the Lok Sabha plan to move a resolution against the Trade and Commerce ordinance and the Price Assurance ordinance.
Farmers and farmer associations across the country have protested against the ordinances.
The tractor protest by farmers of Punjab and Haryana in July was in opposition to these. The Punjab Assembly on August 28 passed a resolution rejecting the Centre’s ordinances.
Why are they being opposed?
Provisions of which will override all State APMC laws – entail?
Cooperative federalism
Since agriculture and markets are State subjects – entry 14 and 28 respectively in List II – the ordinances are being seen as a direct encroachment upon the functions of the States and against the spirit of cooperative federalism enshrined in the Constitution.
The Centre, however, argued that trade and commerce in food items is part of the concurrent list, thus giving it constitutional propriety.
End to MSP?
According to PRS Legislative Research, APMCs were set up with the objective of ensuring fair trade between buyers and sellers for effective price discovery of farmers’ produce. APMCs can regulate the trade of farmers’ produce by providing licences to buyers, commission agents, and private markets; levy market fees or any other charges on such trade; and provide necessary infrastructure within their markets to facilitate the trade. The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Ordinance aims at opening up agricultural sale and marketing outside the notified Agricultural Produce Market Committee (APMC) mandis for farmers, removes barriers to inter-State trade and provides a framework for electronic trading of agricultural produce. It prohibits State governments from collecting market fee, cess or levy for trade outside the APMC markets. Critics view the dismantling of the monopoly of the APMCs as a sign of ending the assured procurement of food grains at minimum support prices (MSP). To the Centre’s ‘one nation, one market’ call, critics have sought ‘one nation, one MSP’. Critics argue that ensuring a larger number of farmers get the MSP for their produce and straightening kinks in the APMCs, instead of making these State mechanisms redundant is the need of the hour. Now, government announces 2.6% hike for wheat MSP amid farmers’ protests. The Cabinet has approved MSP hikes for six crops, including a 2.6% increase in the rate for wheat. Last year, MSP for wheat had seen a 4.6% increase. Framework for contract farming
The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Ordinance relates to contract farming, providing a framework on trade agreements for the sale and purchase of farm produce. The mutually agreed remunerative price framework envisaged in the legislation is touted as one that would protect and empower farmers. The written farming agreement, entered into prior to the production or rearing of any farm produce, lists the terms and conditions for supply, quality, grade, standards and price of farm produce and services. The price to be paid for the purchase is to be mentioned in the agreement. In case of prices subjected to variations, the agreement must include a guaranteed price to be paid for such produce, and a clear reference linked to the prevailing prices or any other suitable benchmark prices for any additional amount over and above the guaranteed price, including bonus or premium. The method of determining such price, including guaranteed price and additional amount, will be provided in the agreement as annexures.
No mechanism for price fixation: Contract farming:
Contract farming is not a new concept to the country’s farmers – informal contracts for food grains, formal contracts in sugarcane and poultry sectors are common.
The Price Assurance Bill, while offering protection to farmers against price exploitation, does not prescribe the mechanism for price fixation.
There is apprehension that the free hand given to private corporate houses could lead to farmer exploitation.
Critics are apprehensive about formal contractual obligations owing to the unorganised nature of the farm sector and lack of resources for a legal battle with private corporate entities.
Deregulation of food items:
The Essential Commodities (Amendment) Ordinance removes cereals, pulses, oilseeds, edible oils, onion and potatoes from the list of essential commodities.
The amendment will deregulate the production, storage, movement and distribution of these food commodities.
The central government is allowed regulation of supply during war, famine, extraordinary price rise and natural calamity, while providing exemptions for exporters and processors at such times as well.
Food security undermined?
Critics anticipate that on the easing of regulation of food items said, it would lead to exporters, processors and traders hoarding farm produce during the harvest season, when prices are generally lower, and releasing it later when prices increase. He said it could undermine food security since the States would have no information about the availability of stocks within the State.
Critics anticipate irrational volatility in the prices of essentials and increased black marketing.
Conclusion:
The bills require that imposition of any stock limit on agricultural produce must be based on price rise.
The way to liberalise agricultural marketing is to create more accessible markets and choice for the farmer. There will be rules to regulate such markets.
We need to enlarge the market for agriculture produce while preserving the ‘safety net’ principle through MSP and public procurement.
Context: Recently, the government has introduced three Bills in the Lok Sabha to amalgamate laws on social security, occupational safety and health and industrial relations. Background
The Industrial Relations Code, 2020:
The Social Security Code Bill:
The Occupational Safety Code
Context: Amid Pandemic, Trade and Development Report 2020 report launched by UN Conference on Trade and Development (UNCTAD).
Key highlights of the Report
Indian Scenario
According to United Nation
About Trade and Development Report
Context: Recently, the Finance Ministry has said that the Importers will have to do their due diligence to ensure that imported goods meet the prescribed ‘rules of origin’ provisions for availing concessional rate of customs duty under free trade agreements (FTAs). Key Points
CAROTAR, 2020
Additional Facts
Context: According to the World Risk Index (WRI) 2020, India was ‘poorly prepared’ to deal with ‘climate reality’, due to which it was more vulnerable to extreme natural disasters. About World Risk Index
Key Highlights India related
South Asian region
Global Highlights
Context: Recently, the Union Minister of Textiles provided information on implementation of Scheme for Integrated Textile Park (SITP), in Rajya Sabha. Key Points Scheme for Integrated Textile Parks
Key features of STIP
Status
The slow progress of SITP is attributed to
Significance of Textile Sector
Owing to the abundant supply of raw material and labour, India is-
Context: Recently, the National Highways Authority of India (NHAI) has decided to use Infrastructure Investment Trust(s) (InvIT) as a vehicle for mobilising funds for constructing road infrastructure. What are InvITs?
Structure of InvIT
How does it work?
Why does NHAI need fund and how will it benefit the economy?
How does it benefit the investor?
Context: One District One Product (ODOP) is seen as a transformational step forward towards realizing the true potential of a district, fuel economic growth and generate employment and rural entrepreneurship, taking us to the goal of Aatma Nirbhar Bharat. With this it aim to Encouraging Domestic Manufacturing. About One District One Product (ODOP) The objective of the concept is to convert each district of the country into an export hub by:
Context: Recently, the Ministry of Micro, Small and Medium Enterprises (MSME) has announced expansion of and doubling of support to beneficiary oriented Self-Employment schemes aimed at contributing to Atmanirbhar Bharat Abhiyan. Key Points
Pottery Activity
Terracotta
Beekeeping Activity
Benefit
Context: Recently, the Comptroller and Auditor General of India (CAG) told Parliament that the Centre has only transferred 60% of the proceeds from cess/levies in Fiscal Year 2018-19 to the relevant Reserve Funds and retained the balance in the Consolidated Fund of India (CFI).
Do you know?
Consolidated Fund of India
Composition
Concept of Cess
Types of cess in India
Key Features
What is the difference between tax and cess? What is cess tax?
Surcharge
Context: Recently, the World Bank has clarified that the USD 1 billion loan that it has provided to India in May 2020 to deal with Covid-19 comes with a condition of universal eligibility in procurements. Background
India COVID-19 Emergency Response and Health System Strengthening Project:
What does the condition of “universal eligibility” mean?
Clarification
Impact
About World Bank Group
Context: Recently, the Ministry of Road Transport and Highways (MoRTH) has formulated a note for Cabinet – on creation of an ecosystem for voluntary phasing out of unfit and old polluting vehicles. Key Points
Environmental Significance
Economic Significance
Context: Recently, the NGT directed that a joint committee be constituted to look into the illegal constructions within Agra district’s Soor Sarovar Bird Sanctuary.
Soor Sarovar Bird Sanctuary
Recognitions
Context: Recently, Scientists have warned that extra-tropical storms in the Mediterranean Sea, known as ‘Medicanes’ or ‘Mediterranean Hurricanes’, could become more frequent due to human-induced climate change. About the Medicanes
Mediterranean Sea
Key facts
Context: Recently, Union Environment Ministry has announced that the Indian Government has recommended eight Indian beaches for the “Blue Flag” certification.
About Blue Flag beaches
Blue Flag Certification
Key Facts on Blue Flag Certification
BEAMS Programme
Purpose To promote sustainable development in coastal regions of India for the beach management authorities to strive to achieve high international standards in four categories of:
Integrated Coastal Zone Management (ICZM)
Background
Context: The United Nations Millennium Development Goals and the World Bank Group’s global practices have recognised environment sustainability as an essential issue of global importance. Firms should focus on creating green supply chains instead of following a few environmental practices. Environmental sustainability is understood as
Present Challenges of achieving Environment Sustainability
Step towards achieving Green supply chain
Benefits of Green Supply chain
Context: According to data shared in the Parliament, the number of arsenic-affected habitations in India has increased by 145% in the last five years (2015-20).
Effects of arsenic poisoning
Affecting food
Context: Over 450 long-finned pilot whales have died in Australia in what is being called the biggest stranding of whales on record in Australia. Issue
Whale Beaching/stranding
Possible reasons for whale stranding
Long-finned Pilot whales
About the International Whaling Commission (IWC)
There are two whale sanctuaries registered by the International Whaling Commission. They are
Context: World Rhino Day is observed on September 22 every year to raise awareness and build a safe natural habitat for this incredible species. About the day
The scientific name and conservation status of the five species are
Rhinos have very poor eyesight. However, their poor eyesight in compensated by other senses. Rhinos can smell and hear people even when they are 30 metres away.
Significance of that day
About Indian One-Horned Rhino
Conservation Efforts for Rhinoceros in India Indian Rhino Vision (IRV) 2020 programme
New Delhi Declaration on Asian Rhinos 2019
Context: Recently, a study conducted by Australian universities has found out that the Komodo dragon could become extinct in the next few decades due to climate change. About Komodo Dragons
Distribution
Habitat
Threats
Conservation
Context: Recently, death of two sloth bears have been reported from the Nandankanan Zoological Park, Bhubaneswar (Odisha).
About Sloth Bear
About Himalayan Black Bear
About Nandankanan zoo
Note: World Association of Zoos & Aquariums (WAZA) is the global alliance of regional associations, national federations, zoos and aquariums, dedicated to the care and conservation of animals and their habitats around the world.
Context: Recently, the Ministry of Agriculture & Farmers Welfare has launched the 'Centralized Farm Machinery Performance Testing Portal'. Key Points
Benefits of agricultural mechanization
Context: Recently, NHIDCL expedites detailed project report (DPR) work on the world’s longest high-altitude Shinkun La Tunnel.
About Shinkun La Tunnel
Shingo La
Context: Recently, a hackathon named “KRITAGYA” has been planned by the Indian Council of Agricultural Research (ICAR) under National Agricultural Higher Education Project (NAHEP).
About ‘Kritagya’ Hackathon
Additional Information National Agricultural Higher Education Project (NAHEP)
Context: Recently, the Supreme Court-appointed Environment Pollution (Prevention and Control) Authority has written to the chief secretaries of Punjab and Haryana urging them to address the issue of stubble burning urgently. Issues
About EPCA
Powers
Functions
Additional Information About INSAT-3D
Context: According to the government, the new Bills passed by Parliament attempt to make it easier for farmers to sell to and produce for the private sector. The hope is that liberalising the sector and allowing greater play for market forces will make Indian agriculture more efficient and more remunerative for the farmers.
Key Facts
Context: As per International resource data from Research Institute of Organic Agriculture (FiBL) and the International Federation of Organic Agriculture Movements (IFOAM) Statistics 2020, India stands at 9th position in terms of certified agricultural land with 1.94 million ha(2018-19). Background
The schemes under which assistance is provided by the GOI for promoting organic farming in India are:
Mission Organic Value Chain Development for North Eastern Region (MOVCDNER)
Capital Investment Subsidy Scheme (CISS) under Soil Health Management Scheme
National Mission on Oilseeds and Oil Palm (NMOOP): This scheme supports plantation, maintenance and intercropping with Tree Borne Oilseeds (TBOs) e.g. olive, neem, karanja, mahua, etc. Subsidised biofertilisers are provided under the scheme.
National Food Security Mission (NFSM): Under this scheme, financial help is given for biofertilisers, thereby boosting organic farming.
Also Read: https://abhipedia.abhimanu.com/Article/IAS/MjA0MzMw/Status-of-Organic-farming-in-India-Geography-IAS
Context: Against the backdrop of the ongoing Covid-19 crisis, International Energy Agency (IEA), in collaboration with NITI Aayog, presented a ‘Special Report on Sustainable Recovery’. About the Report
International Energy Agency
Composition and eligibility
Reports released by IEA
OECD
Context: On 22nd September 2020, the day and night was almost equal in most locations marking the start of autumn in the Northern Hemisphere which lasts until the winter solstice (December 21 or 22).
About the Event
What are Equinoxes (Vernal & Autumnal)?
Reasons
Implications
What are Solstices (Summer & Winter)?
Also Read: https://abhipedia.abhimanu.com/Article/IAS/MTc4NTA1/Annular-Eclipse-of-the-Sun--2020-Geography-IAS
Context: The day September 19 marks the 60th anniversary of the Indus Water Treaty (IWT) between India and Pakistan. On that day it was signed in Karachi by the first Prime Minister of India Pandit Jawaharlal Nehru and then President of Pakistan Ayub Khan.
Indus Waters Treaty, 1960
Based on equitable water-sharing
India plays resilient
Significance of the treaty
Need for a rethink
Also Read: https://abhipedia.abhimanu.com/Article/IAS/MjAyODIw/India--Pakistan-spar-over-Indus-water-talks-Geography-IAS
Context: According to the Global Subnational River-Borders database, Rivers make up 23 per cent of international borders, 17 per cent of the world’s state and provincial borders and 12 per cent of all county-level local borders.
Key highlights
Context: Recently, Lok Sabha unanimously passed the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill, 2020. Key Points
Need for salary reduction
Note: Article 106: The members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law.
Context: Recently eight Rajya Sabha MPs were suspended for unruly behaviour in the House. What is the reason for suspending an MP?
What are the rules under which the Presiding Officer acts?
Procedure in Rajya Sabha
Is suspending an MP a decent practice?
Alternatives to suspension
Present situation
Context: Queen Elizabeth II, who is the head of state in the UK and 15 other Commonwealth realms will be dropped as monarch by Barbados in 2021. Key points
Barbados
Commonwealth of Nations
Context: Recently, ECI host an international webinar on ‘Issues, Challenges and Protocols for Conducting Elections during COVID-19: Sharing Country Experiences’.
About the Association of World Election Bodies (A-WEB)
Context: Recently, India called for the appointment of an Indian lawyer or a Queen’s counsel for Indian death-row prisoner Kulbhushan Jadhav to ensure a free and fair trial in the review of his death sentence in Pakistan. Current Scenario
About the Kulbhushan Jadhav Case
India Approach to the International Court of Justice (ICJ)
India’s argument at ICJ
Pakistan’s argument
What is Queen’s Counsel?
About International Court of Justice
Role of the court
Who nominates the ICJ judge candidates?
What differentiates the ICJ from the International Criminal Court and the ad hoc international criminal tribunals?
How does the International Court of Justice differ from other international courts?
About Vienna Convention
Context: At a special session marking 75 years of the United Nations, the Prime Minister of India called for reform of its outdated structures, pointing out that in the absence of comprehensive changes, the world body today faces a crisis of confidence. India’s call for UNSC Reforms
The UN has chosen to roll over the discussions of the IGN, which are looking at five major issues:
Need for Reforms
Marathon runner Fauja Singh makes it to children’s book
Fauja Singh (109), the world’s oldest marathon runner, has created history as this ‘young athlete’ has been featured as a superhero in a children’s book. He has beaten a number of world records in multiple age brackets. However, none of his times have been ratified as records.
The book ‘Fauja Singh Keeps Going’, authored by New York-based professor Simran Jeet Singh, was released last month.
It narrates the story of the centenarian, a native of Beas village in Jalandhar district, who completed a marathon at the age of 100 in 2011. It aims to tell the children the story of a Sikh man who began running at the age of 81, since he was born with weak legs, for which kids in the village teased him, calling him ‘danda’ or stick.
Fauja Singh never learned to read because he didn’t go to school, and even now, at the age of 109, he still has not learned to read. The book, which includes illustrations by Baljinder Kaur, traces the journey of the young Fauja from Punjab to the UK. It describes how the young Fauja, whose name meant ‘warrior lion’, wanted to feel stronger but his parents worried that he might not even be able to walk.
In England, Fauja Singh eventually underwent professional training and emerged the world’s oldest runner when he ran the Toronto Waterfront Marathon at the age of 100 in 2011. Fauja Singh has also written a foreword for the book.
Farmer’s Protest
Recently, there have been strong protests from farmers, especially from the states of Punjab and Haryana, against three farm bills that seek to replace ordinances issued in june 2020.
These bills envisage to bring change in some of the key aspects of the farm economy — trade in agricultural commodities, price assurance, farm services including contracts, and stock limits for essential commodities.
These bills sought to bring much needed reforms in the agricultural marketing system such as removing restrictions of private stock holding of agricultural produce or creating trading areas free of middlemen and take the market to the farmer.
However, farmers are apprehensive that the free market philosophy supported by these bills could undermine the Minimum Support Price (MSP) system and make farmers vulnerable to market forces.
Note :
Three Farm Bills that are bond of contention:
The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020, Essential Commodities (Amendment) Bill, 2020.
Intended Benefits Associated with These Bills The Bills aim to do away with government interference in agricultural trade by creating trading areas free of middlemen and government taxes outside the structure of Agricultural Produce Market Committees (APMCs). It will allow farmers an option to sell their produce directly to these new zones, without going through the middlemen and paying levies such as mandi fees. It sought to remove stock holding limits as well as curbs on inter-State and intra-State trade, and create a framework for contract farming. Also, these bills promote the creation of Farmer Producer Organisations (FPO) on a large scale and will help in creating a farmer-friendly environment for contract farming where small players can benefit. These bills may enable private players to invest in warehousing, grading and other marketing infrastructure. A combined effect of these bills will help in creating a ‘One Nation, One Market’ for agricultural produce.
Issues Raised by The Farmers & Opposition Federal Angle: The provisions in the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, provides for unfettered commerce in designated trade areas outside APMC jurisdictions. Apart from this, the bill empowers the Centre government to issue orders to States in furtherance of the law’s objectives. However, matters of trade and agriculture being the part of subjects on the State list, have caused resentment in States. Lack of Consultation: First the ordinance route and now the hastily attempt to pass the Bills without proper consultation adds to the mistrust among various stakeholders including farmers. Also, by allowing ‘trade zones’ to come up outside the APMC area, farmers have become apprehensive that the new system would lead to eventual exit from the minimum support price. Absence of any regulation in non-APMC mandis: Another issue that is raised by the farmers is that the proposed bills give the preference for corporate interests at the cost of farmers’ interests. In absence of any regulation in non-APMC mandis, the farmers may find it difficult to deal with Corporates, as they solely operate on the motive of profit seeking. Non-Favourable Market Conditions: While retail prices have remained high, data from the Wholesale Price Index (WPI) suggest a deceleration in farm gate prices for most agricultural produce. With rising input costs, farmers do not see the free market based framework providing them remunerative prices. These fears gain strength with the experience of States such as Bihar which abolished APMCs in 2006. After the abolition of mandis, farmers in Bihar on average received lower prices compared to the MSP for most crops.
Way Forward Improve Agricultural Infrastructure to Strengthen Competition: Government should massively fund the expansion of the APMC market system, make efforts to remove trade cartels, and provide farmers good roads, logistics of scale and real time information. Empowering State Farmers Commissions: Rather than opting for heavy centralisation, the emphasis should be on empowering farmers through State Farmers Commissions recommended by the National Commission for Farmers, to bring about a speedy government response to issues. Consensus Building: The Centre should reach out to those opposing the Bills, including farmers, explain to them the need for reform, and get them on board.
Conclusion Without strong institutional arrangements, the free market may harm lakhs of unorganised small farmers, who have been remarkably productive and shored up the economy even during a pandemic.
Barcode to ensure sale of quality seeds
In a move to protect farmers from unscrupulous traders selling fake or low-quality seeds, the Punjab Government has decided to deploy advanced certification technology, including barcodes and QR codes, to ensure farmers get genuine seeds of various crops, including wheat and rice.
Encouraged by a successful project for potato crop seeds, Chief Minister Captain Amarinder Singh has approved deployment of advanced traceability certification through block chain technology to ensure farmers are not cheated with fake and uncertified seeds.
The certified seeds will be distribute to farmers in the coming seasons, beginning with 1.50 lakh quintal seeds of fodder, oil and cereal crops to be cultivated by Punjab State Seed Corporation across 10,000 acres.
The Punjab and Haryana High Court has ruled that it was impermissible for a public service commission to evolve its own method of selection, which was not in consonance with the relevant service rules. Justice Anil Kshetarpal also ruled that commission chairman could not take important policy decisions at individual level. The ruling came on a petition filed against the State of Punjab and others by Jasveer Singh through counsel Alka Chatrath, seeking to set aside a recruitment notice issued by the Punjab Public Service Commission (PPSC) in September 2018, inviting applications for 22 posts of extra assistant conservator of forest in the Department of Forest and Wildlife Protection. It was argued that the commission had drawn its own pattern of conducting written examinations. Justice Kshetarpal asserted that Article 320(1) of the Constitution provided that the Union and the state public service commissions were required to conduct examinations for appointment to the services of the union and the state. “Once the service rules provide for the method of recruitment, in the considered view of this court, the commission has no jurisdiction to deviate or ignore the same,” Justice Kshetarpal added.
It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively.
It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted—
on all matters relating to methods of recruitment to civil services and for civil posts;
on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;
on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including memorials or petitions relating to such matters;
on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;
on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the President, or, as the case may be, the Governor of the State, may refer to them:
Provided that the President as respects the all- India services and also as respects other services and posts in connection with the affairs of the Union, and the Governor, as respects other services and posts in connection with the affairs of a State, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public Service Commission to be consulted.
Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred to in clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335.
All regulations made under the proviso to clause (3) by the President or the Governor of a State shall be laid for not less than fourteen days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the House or both Houses of the Legislature of the State may make during the session in which they are so laid.
After much delay, the state Cabinet today approved the ordinance for setting up of the multi-member Punjab State Vigilance Commission. An independent body, the Commission will have supremacy over the state vigilance bureau and the police in respect of investigation of offences under the Corruption Act. During 2002-07, the then Congress regime approved the Punjab State Vigilance Commission Act, 2006. However, the commission was abolished when the Akalis came to power in March 2007. As per the ‘Punjab State Vigilance Commission Ordinance, 2020’, the body will comprise a chairman with two members, with a term of five years. To be set up along the lines of the Central Vigilance Commission, the state body would be headed by a retired High Court judge and have commissioners, including a senior IAS officer who has held the post of chief secretary or additional chief secretary of a state government; and a senior IPS officer who have held the post of DGP or ADGP. These appointments shall be made on the recommendations of a committee chaired by the CM with the Vidhan Sabha Speaker and the senior-most minister as its members. There is a Central Vigilance Commission to enquire into offences alleged to have been committed under the Prevention of Corruption Act, 1988, by public servants. However, there is, at present, no such body under the state government.
Vigilance Bureau Punjab
The Vigilance Bureau has been empowered to enquire into allegation against all public servants, as defined under the Prevention of Corruption Act, 1988. The jurisdiction of Vigilance Bureau was originally restricted to Punjab Government employees and members of All India Services (Para I (B) (ii) instructions dated 15.09.1967). However, it was extended vide instructions dated 15.10.1979 so as to cover employees of autonomous and statutory Boards/ Corporations and Improvement Trusts. At present all the public servants are covered under prevention of Corruption Act, 1988 subject to its jurisdiction.
The Vigilance Bureau ordinarily does not take cognizance of anonymous and pseudonymous complaints unless these contain specific allegations of verifiable nature. Complaints requiring administrative action are referred to administrative department concerned for necessary action. If during enquiries the allegations are proved then Vigilance Enquiries/Criminal Cases are registered against the suspects. During the investigation of Vigilance Enquiries the material collected by IO is looked into by the legal & technical support staff of Vigilance Bureau who examines the viability and nature of evidence and assists the Chief Director, Vigilance Bureau in taking the final decision. Criminal cases under PC Act are registered where there is the evidence. Besides, Regular Departmental proceedings are recommended to the Administrative Department/Vigilance Department against public servants.
Cases registered under the P.C. Act-1988 were previously being investigated by Gazetted Police Officers only. On the proposal of Vigilance Bureau, Punjab, Govt. of Punjab (Deptt. of Vigilance), vide its Notification dated 20.9.2012, in exercise of the powers conferred by the first proviso to section 17 of the Prevention of Corruption Act-1988, has authorized Inspectors of Police, for the time being, serving in the Vigilance Bureau, Punjab and has entrusted all powers to them to investigate under P.C.Act-1988.
The main function of the Vigilance Bureau is as under:-
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