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President Droupadi Murmu Has Given Approval to Three More Bills in August 2023

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President gives assent to 3 more Bills in August 2023

The President of India Droupadi Murmu has given her assent to the following bills during the Monsoon Session, 2023 of Parliament:

  • The Indian Institutes of Management (Amendment) Act, 2023
  • National Dental Commission Act, 2023
  • Offshore Areas Mineral (Development and Regulation) Amendment Act, 2023

The Indian Institutes of Management (Amendment) Act, 2023
The Indian Institutes of Management (Amendment) Act, 2023 falls under the jurisdiction of Ministry of Human Resource Development.It was introduced in Lok Sabha on July 28, 2023, it amends the Indian Institutes of Management (IIM) Act, 2017.

  • The Act declares IIMs as institutes of national importance in alignment with the acts governing the Indian Institute Of Technology (IITs) and other Institutes of National Importance.
  • The Bill classifies the National Institute of Industrial Engineering (NITIE), Mumbai in Maharashtra as IIM, Mumbai, means, NITIE is included in The IIM Act, 2017.Hence, NITIE is India’s proposed 21st IIM.
  • It also redefines the roles of the Board, Director, and Visitor, and seeks to enhance accountability, efficiency, and quality in management education.
  • The bill empowers the “Visitor” to nominate the chairperson of the board of governors, oversee appointment as well as removal of directors, and audit the functioning of the 20 IIMs in the country.
  • The Bill designates the President of India as Visitor of every Institute covered by the Act.

Highlights of the Bill:

i.IIM Director –

  • Under the Act, the Director of an IIM is appointed by the Board of Governors, based on the recommendations of a Search-cum-Selection Committee. However, the Board needs to obtain the prior approval of the Visitor before appointing an Institute Director.
  • The Board, with prior approval of the Visitor, the authority to remove the Director from office.Under the Act, the Board may remove the Director from office on grounds such as: (i) insolvency, (ii) mental and physical incapacity, (iii) conflict of interest with prior approval of the Visitor.

ii.Chairperson of the Board of Governors: Under the Act, the Chairperson of the Board of Governors of each Institute is appointed by the Board.  The Act empowers the Visitor to nominate an eminent person as the Chairperson of the Board of IIMs.

iii.Inquiries against IIMs:The Act allows the Board to investigate Institutes that aren’t following the Act. A retired High Court judge leads these investigations.

iv.Dissolution of the Board:  The Bill states that the central government can create the conditions and procedure for dissolving or suspending an Institute’s Board. In case of suspension or dissolution, an interim board will be formed by the central government for up to six months or until a new Board is established.”

V.Setting Up Institutes: According to the Act, if a current institution becomes an IIM under this Act, all its employees will maintain their existing tenure, salary, and pensions. However, the Bill doesn’t include the Director of such institutions in this rule.

National Dental Commission Act, 2023

The National Dental Commission Act, 2023 falls under the jurisdiction of Ministry of Health and Family Welfare.It was introduced in Lok Sabha on July 24, 2023,it repeals the Dentists Act, 1948.

  • Objective – It seeks to regulate the profession of dentistry in India by promoting affordable and high quality oral healthcare availability and boosting the employability of Indian dental professionals globally.

Highlights:

i.Formation of National Dental Commission (NDC): Under the Act, the National Dental Commission consists of 33 members,will be formed to replace the existing Dental Council of India (DCI) and repeal the Dentists Bill, 1948. The act also mandates the formation of State Dental Councils or Joint Dental Councils.

  • This structure aims to decentralize authority and enhance effective regulation.
  • The NDC will be led by a ‘selected’ Regulator. This entails the appointment of the NDC Chairman and Members through a merit-based selection process conducted by a Search–cum-Committee chaired by the Cabinet Secretary.

ii.The Act will empower three distinct Autonomous Boards to will carry out specific functions, contributing to a comprehensive regulatory framework.They are

  • Under-Graduate and Post-Graduate Dental Education Board,
  • Dental Assessment and Rating Board (DARB), and
  • Ethics and Dental Registration Board (EDRB).

iii.There will fixed tenure for the Chairperson, Members, and Secretary of the Commission, with no possibility of reappointment.

iv.There will be creation of an online and live National Register of licensed dentists and dental auxiliaries.

v.There will be establishment of a Dental Advisory Council with representation from all States/Union Territories for comprehensive insights.

Offshore Areas Mineral (Development and Regulation) Amendment Act, 2023
The Offshore Areas Mineral (Development and Regulation) Amendment Act, 2023 falls under the jurisdiction of Ministry of Mines.It was introduced in Lok sabha on July 27, 2023,and it amends Offshore Areas Mineral (Development and Regulation) Act, 2002 (‘OAMDR Act’), to introduce crucial reforms in India’s offshore mining sector.

  • Objective -The proposed law seeks to create transparent system for managing and overseeing mineral resources in India’s maritime areas, including territorial waters, continental shelf, exclusive economic zone, and other relevant zones.

Note -The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) was amended in January 2015 to provide for allocation of mineral concessions in onshore areas through auction.

The Act categorizes offshore mining-related activities into the following:

  • Reconnaissance, which involves a preliminary survey to locate mineral resources
  • Exploration, which includes exploring, proving, or locating mineral deposits
  • Production, the commercial activity of the extraction of minerals

Highlights:

i.The proposed amendment in the Act will bring major reform by introducing auction as the method of allocation of operating rights in the offshore areas.The Act introduces two types of operating rights, namely production lease and composite licence through competitive auction for the private sector.

  • Composite license mandates exploration completion in 3 years, extendable by 2 years. Successful exploration leads to production leases. Max exploration area: 30 minutes latitude by 30 minutes longitude and Max production area: 15 minutes latitude by 15 minutes longitude.

ii.PSU Participation: Public Sector Units (PSUs) are granted operating rights in areas reserved by the Central Government. For atomic minerals, operating rights are exclusively granted to PSUs.

iii.Renewal and Duration: Renewal of production leases has been eliminated, with a fixed 50-year period in line with the MMDR Act. This ensures clarity and consistency.

iv.Offshore Area Limits: There is now a cap on the offshore area one entity can acquire. The limit is defined as 45 minutes latitude by 45 minutes longitude for a specific mineral or a group of associated minerals under one or more operating rights.

v.Offshore Areas Mineral Trust: A non-lapsable trust, called the Offshore Areas Mineral Trust, is established. It will fund activities like exploration, disaster relief, research, and aiding affected individuals.

  • It will maintain a fund under the Public Account of India.

vi.Ease of Transfer: Provisions for simple transfer of composite licences or production leases have been included, aiming to streamline business operations.

India’s Exclusive Economic Zone (EEZ), spanning over two million square kilometers, holds valuable recoverable resources. Geological Survey of India (GSI) has identified mineral reserves in offshore areas:

  • 1,53,996 million tons of lime mud off Gujarat and Maharashtra coasts.
  • 745 million tons of construction-grade sand near Kerala.
  • 79 million tons of heavy mineral placers off Odisha, Andhra Pradesh, Kerala, Tamil Nadu, and Maharashtra.
  • Phosphorite in Eastern and Western continental margins.
  • Polymetallic Ferromanganese (Fe-Mn) nodules and crusts in Andaman Sea and Lakshadweep Sea.

About Monsoon Session, 2023 of Parliament:

It was commenced on July 20, 2023, and was adjourned sine die on August 11, 2023.  Throughout the session, 20 Bills were presented in the Lok Sabha, and 5 Bills were introduced in the Rajya Sabha. Lok Sabha passed 22 Bills, while Rajya Sabha passed 25 Bills. One Bill was withdrawn in agreement with both the Lok Sabha and the Rajya Sabha. The combined tally of Bills passed by both Houses during this session amounts to 23. Click Here for full list

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