DAY – 41 ( INSTA REVISION TEST)INSTA REVISION PLAN 3.0, 2020

Solution: A

The Right to Information (Amendment) Bill, 2019 that amends the Right to Information Act, 2005 has been introduced in Lok Sabha.

However, former information commissioners and RTI activists have come out strongly against the move by the central government to amend the RTI Act, 2005.

Amendments include:

1. The Centre shall have the powers to set the salaries and service conditions of Information Commissioners at central as well as state levels.
2. Term of the central Chief Information Commissioner and Information Commissioners: appointment will be “for such term as may be prescribed by the Central Government”.
3. While the original Act prescribes salaries, allowances and other terms of service of the state Chief Information Commissioner as “the same as that of an Election Commissioner”, and the salaries and other terms of service of the State Information Commissioners as “the same as that of the Chief Secretary to the State Government”, the amendment proposes that these “shall be such as may be prescribed by the Central Government”.

Solution: C

Feature of Right to Education (RTE) Act, 2009

• The RTE Act aims to provide primary education to all children aged 6 to 14 years.
• It enforces Education as a Fundamental Right (Article 21-A).
• The act mandates 25% reservation for disadvantaged sections of the society where disadvantaged groups include:
  • SCs and STs
  • Socially Backward Class
  • Differently abled
• It also makes provisions for a non-admitted child to be admitted to an age appropriate class.
• It also states that sharing of financial and other responsibilities between the Central and State Governments.
• It lays down the norms and standards related to:
  • Pupil Teacher Ratios (PTRs)
  • Buildings and infrastructure
  • School-working days
  • Teacher-working hours.
• It had a clause for “No Detention Policy” which has been removed under The Right of Children to Free and Compulsory Education (Amendment) Act, 2019.
• It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
• It provides for the appointment of teachers with the requisite entry and academic qualifications.
• It prohibits
  • Physical punishment and mental harassment
  • Screening procedures for admission of children
  • Capitation fee
  • Private tuition by teachers
  • Running of schools without recognition

RTE amendment Bill- Key features:

• The Bill seeks to amend the Right to Education (RTE) Act to abolish the “no-detention” policy in schools. Under the current provisions of the Act, no student can be detained up to class VIII.
• As per the amendment, it would be left to the states to decide whether to continue the no-detention policy.
• The bill provides for regular examination in classes V and VIII, and if a child fails, the amendment bill grants a provision to give her or him additional opportunity to take a re-examination within two months. Such children will be provided with two-month remedial teaching to perform better in the re-examinations. If the students still do not pass the exam, the state government may decide to detain them.

Solution: A

Nokrek National Park, the core area of Nokrek Biosphere Reserve, is a national park located approximately 2 km from Tura Peak in West Garo Hills district of Meghalaya, India. UNESCO added this National park to its list of Biosphere Reserves in May 2009.

Solution: C

Insolvency and Bankruptcy Code

What is insolvency and bankruptcy?

Insolvency is a situation where individuals or companies are unable to repay their outstanding debt.

Bankruptcy, on the other hand, is a situation whereby a court of competent jurisdiction has declared a person or other entity insolvent, having passed appropriate orders to resolve it and protect the rights of the creditors. It is a legal declaration of one’s inability to pay off debts.

About the IBC:

The IBC was enacted in 2016, replacing a host of laws, with the aim to streamline and speed up the resolution process of failed businesses.

The Code also consolidates provisions of the current legislative framework to form a common forum for debtors and creditors of all classes to resolve insolvency.

The code stipulates that the resolution process of a stressed company will have to be completed in a maximum of 270 days.

 When does the Insolvency and Bankruptcy Code (IBC) apply?
In March this year, the government raised the threshold for invoking insolvency under the IBC to Rs 1 crore from Rs 1 lakh with a view to prevent triggering of such proceedings against small and medium enterprises that are facing currently the heat of coronavirus pandemic.

The Code creates various institutions to facilitate resolution of insolvency. These are as follows:

Insolvency Professionals: A specialised cadre of licensed professionals is proposed to be created. These professionals will administer the resolution process, manage the assets of the debtor, and provide information for creditors to assist them in decision making.

Insolvency Professional Agencies: The insolvency professionals will be registered with insolvency professional agencies. The agencies conduct examinations to certify the insolvency professionals and enforce a code of conduct for their performance.

Information Utilities: Creditors will report financial information of the debt owed to them by the debtor. Such information will include records of debt, liabilities and defaults.

Adjudicating authorities: The proceedings of the resolution process will be adjudicated by the National Companies Law Tribunal (NCLT), for companies; and the Debt Recovery Tribunal (DRT), for individuals. The duties of the authorities will include approval to initiate the resolution process, appoint the insolvency professional, and approve the final decision of creditors.

Insolvency and Bankruptcy Board: The Board will regulate insolvency professionals, insolvency professional agencies and information utilities set up under the Code.  The Board will consist of representatives of Reserve Bank of India, and the Ministries of Finance, Corporate Affairs and Law.

Solution: B

Contour bunding or contour farming or Contour ploughing is the farming practice of plowing and/or planting across a slope following its elevation contour lines.

Solution: A

What is Essential Commodities Act?

Govt brings masks and hand sanitizers under the Essential Commodities Act. Under the EC Act, powers of the Central Government have already been delegated to the States by way of orders during 1972 to 1978.  The States/UTs, therefore may take action against the offenders.

Background:

The coronavirus pandemic has triggered panic buying of masks and hand sanitisers at many places around the world, including in India.

The government’s order has come in the wake of reports of a shortage of these commodities and a sudden and sharp spike in their prices, and the alleged hoarding of stocks by manufacturers.

What is Essential Commodities Act?

The ECA was enacted way back in 1955.

It has since been used by the Government to regulate the production, supply and distribution of a whole host of commodities it declares ‘essential’ in order to make them available to consumers at fair prices.

The list of items under the Act include drugs, fertilisers, pulses and edible oils, and petroleum and petroleum products.

The Centre can include new commodities as and when the need arises, and take them off the list once the situation improves.

Under the Act, the government can also fix the maximum retail price (MRP) of any packaged product that it declares an “essential commodity”.

How it works?

1. If the Centre finds that a certain commodity is in short supply and its price is spiking, it can notify stock-holding limits on it for a specified period.
2. The States act on this notification to specify limits and take steps to ensure that these are adhered to.
3. Anybody trading or dealing in a commodity , be it wholesalers, retailers or even importers are prevented from stockpiling it beyond a certain quantity.
4. A State can, however, choose not to impose any restrictions. But once it does, traders have to immediately sell into the market any stocks held beyond the mandated quantity.

Solution: D

Epidemic Diseases Act, 1897

What to study?

For Prelims: Key provisions of the act.

For Mains: Criticisms surrounding, implications of this law and significance.

Context: The Centre has asked states and Union Territories to invoke provisions of Section 2 of Epidemic Diseases Act, 1897, so that Health Ministry advisories are enforceable.

At present, at least 60 COVID-19 cases have been confirmed in India.

What is Epidemic Diseases Act of 1897?

It is routinely enforced across the country for dealing with outbreaks of diseases such as swine flu, dengue, and cholera.

It was introduced by colonial government to tackle the epidemic of bubonic plague that had spread in the erstwhile Bombay Presidency in the 1890s.

Provisions of the 1897 Epidemic Diseases Act:

1. It empowers state governments/UTs to take special measures and formulate regulations for containing the outbreak.
2. It also empowers state to prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof.
3. The state may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.
4. The State Government may take measures and prescribe regulations for the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.
5. It also provides penalties for disobeying any regulation or order made under the Act. These are according to section 188 of the Indian Penal Code (Disobedience to order duly promulgated by public servant).
6. It also gives legal protection to the implementing officers acting under the Act.

Solution: A

The Ministry of Women and Child Development is implementing the Swadhar Greh Scheme for rehabilitation of women in difficult circumstances.  The scheme covers women who are deserted and without any social and economic support, women victims of domestic violence, family tension and natural disaster.

https://pib.gov.in/Pressreleaseshare.aspx?PRID=1578360

Solution: C

Mineral Laws (Amendment) Bill 2020

The Bill amends the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and the Coal Mines (Special Provisions) Act, 2015 (CMSP Act).

Under the Bill:

1. Allocation of coal/lignite blocks for composite prospecting licence cum mining lease has been provided.
2. Requirement of previous approval in cases where allocation of blocks was made by Central Govt has been dispensed with.
3. Removal of restriction on end-use of coal: Companies will be allowed to carry on coal mining operation for own consumption, sale or for any other purposes, as may be specified by the central government.
4. Transfer of statutory clearances to new bidders: The Bill provides that the various approvals, licenses, and clearances given to the previous lessee will be extended to the successful bidder for a period of two years. During this period, the new lessee will be allowed to continue mining operations.
5. Advance action for auction: Under the MMDR Act, mining leases for specified minerals (minerals other than coal, lignite, and atomic minerals) are auctioned on the expiry of the lease period.  The Bill provides that state governments can take advance action for auction of a mining lease before its expiry.

Significance:

This will speed up the process of implementation of projects, ease of doing business, simplification of procedure and benefit all the parties in areas where minerals are located.

Solution: D

Aspirational Districts’ Programme

Aspirational Districts are those districts in India, that are affected by poor socio-economic indicators. These are aspirational in the context, that improvement in these districts can lead to the overall improvement in human development in India.

The 115 districts were identified from 28 states, at least one from each state.

At the Government of India level, the programme is anchored by NITI Aayog. In addition, individual Ministries have assumed responsibility to drive the progress of districts.

Solution: D

The Medical Termination of Pregnancy (Amendment) Bill, 2020, which seeks to amend the MTP Act, 1971, was passed in Lok Sabha recently.

Key changes:

1. It seeks to extend the upper limit for permitting abortions from 20 weeks to 24 under special circumstances.
2. The “special categories of women” include rape survivors, victims of incest, the differently abled and minors.
3. The Bill proposes requirement of opinion of one registered medical practitioner (RMP) for termination of pregnancy up to 20 weeks of gestation.
4. It also provides for the requirement of opinion of two RMPs for termination of pregnancy of 20 to 24 weeks.
5. Constitution of a Medical Board: Every state government is required to constitute a Medical Board. These Medical Boards will consist of the following members: (i) a gynaecologist, (ii) a paediatrician, (iii) a radiologist or sonologist, and (iv) any other number of members, as may be notified by the state government.
6. Under the Bill, if any pregnancy occurs as a result of failure of any device or method used by a woman or her partner to limit the number of children, such an unwanted pregnancy may constitute a grave injury to the mental health of the pregnant woman.

Solution: D

Rights of Persons with Disabilities Act, 2016

The new law, when enacted, will repeal the old Disability Act, 1995, and usher the Indian disability movement into a new age, where disability itself will be defined based on an evolving and dynamic concept.

• It increases the number of recognised disabilities from 7 to 21. With this, the official count will obviously also rise and as per conservative estimates, that figure could be as high as 70-100 million.
• It lays down provisions to allow the central government to notify any other condition as a disability. Now individuals with at least 40% of a disability are also entitled to benefits such as reservations in education and employment, preference in government schemes and others.
• The bill sets the government a two-year deadline to ensure persons with disability get barrier-free access in all kinds of physical infrastructure and transport systems.
• It recognises the need for reservation for them in promotion and makes special mention of the rights of disabled women and children. It defines many terms vague in previous versions, including what constitutes discrimination.
• A penalty will also be slapped for violating the rules of the Act. The 1995 Act did not have any such penal provision. However, 2014 Bill had made violation of any provision of the Act punishable with a jail term of up to 6 months, and/or a fine of Rs 10,000.

Solution: B

Garibi Hatao (“Remove poverty”) was the theme and slogan of Indira Gandhi’s 1971 election campaign.The slogan and the proposed anti-poverty programs that came with it were designed to give Gandhi an independent national support, based on rural and urban poor, which would allow her to by-pass the dominant rural castes both in and out of state and local government.

The programs created through garibi hatao, though carried out locally, were funded, developed, supervised, and staffed by Government officials in New Delhi and Congress Party officials. It was part of the 5th Five-Year Plan.

Solution: B

Transgender Persons (Protection of Rights) Act, 2019

The Bill was passed by Parliament in November 2019.

Impact:

This will benefit a large number of transgender persons, mitigate the stigma, discrimination and abuse against this marginalized section and bring them into the mainstream of society. This will lead to inclusiveness and will make the transgender persons productive members of the society.

New definition:

According to the new definition, a transgender person is somebody “whose gender does not match the gender assigned to that person at birth and includes trans-men or trans-women, persons with intersex variations, gender-queers, and persons having socio-cultural identities such as kinnar, hijras, aravani, and jogta”.

Highlights of the Bill:

1. The Act aims to stop discrimination against a transgender person in various sectors such as education, employment, and healthcare. It also directs the central and state governments to provide welfare schemes for them.
2. It states that a person will be recognized as transgender on the basis of a certificate of identity issued by the District Magistrate. This certificate will be a proof of identity as transgender and confer rights under this Bill.
3. Going by the Act, a person would have the right to choose to be identified as a man, woman or transgender, irrespective of sex reassignment surgery and hormonal therapy.
4. It also requires transgender persons to go through a district magistrate and “district screening committee” to get certified as a transperson.
5. Composition: The committee would comprise a medical officer, a psychologist or psychiatrist, a district welfare officer, a government official, and a transgender person.

Solution: B

Cabinet Secretary

1. • A cabinet secretary is appointed for a fixed tenure of two years.
   • According to All India Services (Death-Cum-Retirement-Benefits) Rules, 1958, the government can give extension in service to a cabinet secretary provided the total tenure does not exceed four years.
   • As per the modified rules, the central government may give an extension in service for a further period not exceeding three months, beyond the period of four years to a cabinet secretary.
   • All senior level appointments (including Cabinet Secretary) are done with the approval of the Appointments Committee of the Cabinet.

Role of the cabinet secretary:

• The cabinet secretariat is under the direct charge of the prime minister.
• The administrative head of the secretariat is the cabinet secretary who is also the exofficio chairman of the civil services board.
• It functions directly under the Prime Minister.

Solution: B

Pradhan Mantri Jan Vikas Karyakram (PMJVK)

Background:

Multi-sectoral Development Programme (MsDP) was launched in the year 2008-09 in 90 identified Minority Concentration Districts (MCDs) having at least 25% minority population and below national average with respect to one or both of the backwardness parameters with the objective of developing assets for socio-economic and basic amenities.

• MsDP has been identified as one of the Core of the Core Schemes under National Development Agenda in the Report of the Sub-Group of Chief Ministers on Rationalization of Centrally Sponsored Schemes, which was constituted by NITI Aayog.
• MsDP has been designed primarily to address the developmental gaps/deficits in identified backward minority concentration areas by topping up of existing Centrally Sponsored Schemes of various Central ministries/departments without any change in the norms, guidelines and the funding pattern.

About PMJVK:

• The Programme aims to address development deficits in the identified minority concentration areas. The identification of minority concentration areas has been done on the basis of presence of substantial population of notified Minority Communities based on Census, 2011.
• The restructured programme would provide better socio economic infrastructure facilities to the minority communities particularly in the field of education, health & skill development as compared to the present situation, which would further lead to lessening of the gap between the national average and the minority communities with regard to backwardness parameters.

States/Districts covered:

• The PMJVK will be implemented in Minority Concentration District Hqrs, Minority Concentration Block(MCBs), Minority Concentration Towns(MCTs) falling in 308 districts of 32 States/UTs.
• Moreover, the scheme will also be implemented in Backward Clusters of Minority Concentration Villages(CoMCV). These CoMCV will be identified on the proposal of the States/UTs as per criteria of PMJVK.

Solution: C

The Travel and Tourism Competitiveness Report was first published in 2007 by the World Economic Forum. The reportranks selected nations according to the Travel and Tourism Competitiveness Index (TTCI), which scores from 1 to 6 the performance of a given country in each specific subindex

Solution: B

Delimitation of Constituencies:

• Delimitation literally means the process of fixing limits or boundaries of territorial constituencies in a state that has a legislative body.
• It is statutory body. It is established under the provisions of the Delimitation Commission Act, set up by parliament.

Who carries out the exercise?

• Delimitation is undertaken by a highly powerful commission. They are formally known as Delimitation Commission or Boundary Commission.
• These bodies are so powerful that its orders have the force of law and they cannot be challenged before any court.
• Such commissions have been constituted at least four times in India — in 1952 under the Delimitation Commission Act, 1952; in 1963 under Delimitation Commission Act, 1962; in 1973 under Delimitation Act, 1972 and last in 2002 under Delimitation Act, 2002.
• The commissions’ orders are enforced as per the date specified by the President of India. Copies of these orders are laid before the Lok Sabha or the concerned Legislative Assembly. No modifications are permitted.
• The main objective of delimitation is to provide equal representation to equal segments of a population.

Composition of the Commission:

• According to the Delimitation Commission Act, 2002, the Delimitation Commission appointed by the Centre has to have three members: a serving or retired judge of the Supreme Court as the chairperson, and the Chief Election Commissioner or Election Commissioner nominated by the CEC and the State Election Commissioner as ex-officio members.

Solution: D

In order to effectively address the heinous crimes of sexual abuse and sexual exploitation of children through less ambiguous and more stringent legal provisions, the Ministry of Women and Child Development championed the introduction of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Salient features

• The Act defines a child as any person below eighteen years of age, and regards the best interests and well-being of the child as being of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child.
• It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.
• People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act. The Act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life, and fine.

Provisions related to conduct of trial of reported offences

• The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process.
• The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include:
  • Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector.
  • No child to be detained in the police station in the night for any reason.
  • Police officer to not be in uniform while recording the statement of the child.
  • The statement of the child to be recorded as spoken by the child.
  • Assistance of an interpreter or translator or an expert as per the need of the child.
  • Assistance of special educator or any person familiar with the manner of communication of the child in case child is disabled
  • Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.
  • In case the victim is a girl child, the medical examination shall be conducted by a woman doctor. 13. Frequent breaks for the child during trial. Child not to be called repeatedly to testify.
  • No aggressive questioning or character assassination of the child in-camera trial of cases.

Solution: B

Chief of Defence Staff (CDS) is the professional service chief, head of the Indian Armed Forces and the senior-most uniformed military adviser to the Government of India. The position was first officially suggested in 1999 following the Kargil War through the recommendations of the Kargil Review Committee. It is a single-point military advisor to the government.

Not eligible to hold any Government office after demitting the office of CDS.

The service (Army, Navy and Indian Air Force) chiefs, when appointed, are usually given a tenure of three years or till they attain the age of 62 years, whichever is earlier. But the tenure of the CDS has not been fixed yet.

Solution: B

Pradhan Mantri Kisan Maan-Dhan Yojana (PM-KMY) is an old age pension scheme for all land holding Small and Marginal Farmers (SMFs) in the country. It is a voluntary and contributory pension scheme for the entry age group of 18 to 40 years. The Scheme is effective from the 9th August, 2019.

Salient features

• It is voluntary and contributory for farmers in the entry age group of 18 to 40 years and a monthly pension of Rs. 3000/- will be provided to them on attaining the age of 60 years.
• The farmers will have to make a monthly contribution of Rs.55 to Rs.200, depending on their age of entry, in the Pension Fund till they reach the retirement date i.e. the age of 60 years. The farmers will have to make a monthly contribution of Rs.55 to Rs.200, depending on their age of entry, in the Pension Fund till they reach the retirement date i.e. the age of 60 years.
• The monthly contributions will fall due on the same day every month as enrolment date. The beneficiaries may alsochose an option to pay their contributions on quarterly, 4-monthly or half-yearly basis. Such contributions will fall dueon the same day of such period as the date of enrollment
• The spouse is also eligible to get a separate pension of Rs.3000/- upon making separate contributions to the Fund.
• The Life Insurance Corporation of India (LIC) shall be the Pension Fund Manager and responsible for Pension pay out.
• In case of death of the farmer before retirement date, the spouse may continue in the scheme by paying the remaining contributions till the remaining age of the deceased farmer. If the spouse does not wish to continue, the total contribution made by the farmer along with interest will be paid to the spouse. If there is no spouse, then total contribution along with interest will be paid to the nominee.
• If the farmer dies after the retirement date, the spouse will receive 50% of the pension as Family Pension. After the death of both the farmer and the spouse, the accumulated corpus shall be credited back to the Pension Fund.
• The beneficiaries may opt voluntarily to exit the Scheme after a minimum period of 5 years of regular contributions. On exit, their entire contribution shall be returned by LIC with an interest equivalent to prevailing saving bank rates.
• The farmers, who are also beneficiaries of PM-Kisan Scheme, will have the option to allow their contribution debited from the benefit of that Scheme directly.
• In case of default in making regular contributions, the beneficiaries are allowed to regularize the contributions by paying the outstanding dues along with prescribed interest. Until 1 month from first unpaid contribution, no late fee would be charged. Three payment cycles demand would be raised for payment of contribution without any interest.

Solution: D

WHO in 1959 defined that Zoonoses are “those diseases and infections which are naturally transmitted between vertebrate animals and man“. Zoonoses include only those infections where there is either a proof or a strong circumstantial evidence for transmission between animals and man.

Classification according to the etiological agents:

Bacterial zoonoses :- e.g. anthrax, brucellosis, plague, leptospirosis, salmonellosis, lyme disease

Viral zoonoses :- e.g. rabies, arbovirus infections, KFD, yellow fever, influenza, CCHF, Nipah

Rickettsial zoonoses :- e.g. murine typhus, tick typhus, scrub typhus, Q-fever

Protozoal zoonoses :- e.g. toxoplasmosis, trypanosomiasis, leishmaniasis

Helminthic zoonoses :- e.g. echinococcosis (hydatid disease), taeniasis, schistosomiasis, dracunculiasis

Fungal zoonoses :- e.g. deep mycosis – histoplasmosis, cryptococcosis, superficial dermatophytes

Ectoparasites :- e.g. scabies, myiasis

Solution: D

The Kalapani territory is an area disputed between India and Nepal, but under Indian administration as part of Pithoragarh district in the Uttarakhand state. According to Nepal’s claim, it lies in Darchula district, Sudurpashchim Pradesh. It is marked by the Kalapani River, one of the headwaters of the Kali River in the Himalayas at an altitude of 3600–5200 meters. The valley of Kalapani, with the Lipulekh Pass at the top, forms the Indian route to Kailash–Manasarovar, an ancient pilgrimage site. It is also the traditional trading route to Tibet for the Bhotiyas of Uttarakhand.

Solution: B

• Tuirial dam is constructed on Tuirial River, a tributary of River Barak.
• It is situated in Mizoram about 150km north of state capital, Aizwal

Solution: C

Mizoram govt to organise ‘Zo Kutpui’ globally to unify Mizo tribes. The first festival would be held at Vanghmun, a hub town of Mizos in neighbouring Tripura. The event will see the presence of many important dignitaries from various Mizoram tribes and also witness cultural programmes and traditional songs from various Mizo tribes from Mizoram and other northeastern states. The event aims at re-unifying and strengthening brotherhood among different tribes of Mizo.