CIVIL SERVICES ACHIEVERS' POINT, GUWAHATI
THE ASSAM TRIBUNE ANALYSIS Date - 04 September 2020
(For Preliminary and Mains Examination) As per New Pattern of APSC
(Also useful for UPSC and other State Level Government Examinations)
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CONTENTS
State to get 3 more autonomous councils - Moran, Matak, Kamatapur Kaziranga set to grow bigger by 31 sq km Capital Region Devp Authority (Amendment) Bill passed Assam Inland Water Transport Regulatory Authority (Amendment) Bill, 2020 passed Assembly passes Bill to provide relief to MSME sector
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EDITORIAL
o 15th Finance Commission’s awards o For a healthy competition culture o Heritage sites
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State to get 3 more autonomous councils – Moran, Matak, Kamatapur (General Studies on Assam: Polity, Governance)
oThe Assam Legislative Assembly paved the way for formation of three new autonomous councils in the State by passing the Moran Autonomous Council Bill, 2020, the Matak Autonomous Council Bill, 2020 and the Kamatapur Autonomous Council Bill, 2020.
oThe three Bills were moved in the State Assembly by Minister for Welfare of Plain Tribes and Backward Classes Chandan Brahma.
oThe minister said that the Kamatapur Autonomous Council will have its territory in the undivided Goalpara district, excluding the BTAD and the Rabha Hasong Autonomous Council areas.
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oThe Moran Autonomous Council and Matak Autonomous Council will have their territories demarcated in the upper Assam region.
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Kaziranga set to grow bigger by 31 sq km (General Studies on Assam: Bio-Diversity, Environment)
oThe Kaziranga National Park is set to grow bigger by 31 sq km. The State government has issued “preliminary notifications” to include the 7th, 8th and 9th additions into the Kaziranga National Park and Tiger Reserve.
oAccording to the notifications, the 7th addition falling in Kaliabor subdivision has an area of 176 hectares, while the 8th addition has an area of 307 hectares.
oThe 9th addition in Biswanath Wildlife Division has an area of 2,570 hectares. The notifications specify the boundary of the new additions, directing the respective deputy commissioners to inquire into and determine the existence, the nature and extent of any rights/claims alleged to exist in favour of any person in or over any land within the limit described
oThe area of the park currently is 884 sq km and once the new additions are included it would increase to 915 sq km.
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oThe 7th addition comprises Deosur, Palkhowa and Deosur Hill proposed reserve forest in Nagaon district and the 8th addition comprises the Banderdubi area. The 9th addition is basically the Mokua Chapori in Sonitpur district.
oThe additions include encroachment evicted areas and suitable wildlife habitat in riverine islands which are also vulnerable to encroachment. The new additions would consolidate the wildlife areas anticipating better conservation and reduction in human-animal conflict.
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Capital Region Development Authority (Amendment) Bill passed (General Studies on Assam: Polity and Governance)
oThe Assam State Capital Region Development Authority (Amendment) Bill, 2020 was passed in the State Assembly.
oThe Bill seeks to amend the Assam State Capital Region Development Authority Act, 2017 for excluding the areas of Rabha Hasong Autonomous Council and Tiwa Autonomous Council from the purview of the Assam State Capital region.
oThe Guwahati Metropolitan Development Authority (Amendment) Bill, 2020 was also passed through voice vote.
oIt seeks to amend the GMDA Act, 1985 for modification of Section 5 (1) (1) for filling up the post of chief engineer, GMDA by an officer not below the rank of superintending engineer of the State PWD instead of not below the rank of additional chief engineer in the GMDA Act, 1985. Join our Regular/Online Classes. For details contact 8811877068 CIVIL SERVICES ACHIEVERS' POINT, GUWAHATI
oThe amendment aims to eliminate hindrances faced by the GMDA in executing major projects.
oThe Assembly passed the Assam Municipal (Amendment) Bill, 2020 allowing the DC or the SDO of a district or subdivision to take charge of a municipal board for upto one year if the term of office of the municipal commissioners expires and elections cannot be held for any exceptional circumstances.
oAs per the new amendments in the Assam Municipal Act 1956, from the date of expiry of term of office of the commissioners of the municipal boards, all the powers and duties of the board may be exercised and performed by the respective DC, SDO (Civil), or other officials nominated by them, until the new board is reconstituted after election of the commissioners.
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oNational Law University and Judicial Academy Assam (Amendment) Bill, 2020: The National Law University and Judicial Academy Assam (Amend-ment) Bill, 2020 was passed in the State Assembly on the last day of its autumn session.
oMinister of Law and Justice Siddhartha Bhattacharyya moved the Bill, which states that the audit of the judicial academy is to be undertaken by the Comptroller and Auditor General of India, instead of by any chartered accountant or a firm of chartered accountants, because the judicial academy receives fund from the State government.
oAs per the amendment, the director of the academy, with approval of the board, will submit the annual statement of accounts of the academy to the government within six months of closure of a financial year.
oAssam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Bill: The Assembly today passed The Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Bill, 2020 through voice vote.
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oState Agriculture Minister Atul Bora moved the Bill that intends to separate operating and managing markets, provides for setting up of private markets for a transparent, competitive and efficient agricultural marketing system in the State.
oNew provisions for creating a directorate of agricultural marketing for regulating both regulated and private agricultural markets in the State, have been added through the Bill.
oIt also provides for establishing markets through private initiative that would supplement regulated markets as well as markets managed by local authorities.
oThe Bill has made provision for single licence for market functionaries doing away with the need to obtain multiple licences for transacting in different markets and areas in the State.
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oRecognition to licences issued by other states is also a part of the new legislation.
oAssam Skill University Bill, 2020: The Assembly passed the Assam Skill University Bill, 2020, which provides for setting up a skill university at Mangaldai.
oThe Bill was tabled in the Assembly by Minister of Skill, Employment and Entrepreneurship Minister Chandra Mohan Patowary.
oDuring the debate on the Bill, leader of opposition Debabrata Saikia urged the government to introduce courses on indigenous skills of Assam in the university.
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Assam Inland Water Transport Regulatory Authority (Amendment) Bill, 2020 passed (General Studies on Assam: Economic Development)
oThe Assam Legislative Assembly passed the Assam Inland Water Transport Regulatory Authority (Amendment) Bill, 2020.
oAs per the amendment in Section 59 of the Act, the State government shall determine the tariffs for passenger vessels or cargo vessels keeping in mind the market conditions, operating cost levels, affordability of passengers in different manner considering the per capita income of people of the State.
oMoreover, another amendment was effected in Section 58 of the Act through which regulatory authority may delegate powers to its members and issue executive instruction not inconsistent with the provision of this Act, rules or regulations as may be considered necessary.
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oPlacing the Bill in the Assembly, Transport Minister Chandra Mohan Patowary said that not having a specific rule to determine the tariff of machine-operated country boat was a serious problem faced by a large section of people in the districts like Dhubri, Goalpara, Lakhimpur, Majuli, etc.
oMeanwhile, Patowary also appealed to all MLAs to create awareness among the country boat operators in their respective constituencies to avail the benefit of “Jibon Dinga” scheme.
oUnder the scheme, the State government is providing modern boat engine at 70 per cent subsidies rate. The Minister said implementation of the scheme is very important to minimize the boat mishap cases in Assam.
oPatowary further said that the IWT department will also provide life jackets to every passenger vessel as per the passenger-carrying capacity of the vessel. Like flight, in passenger vessel too, a demonstration on use of life jacket will become mandatory soon, he added.
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Assembly passes Bill to provide relief to MSME sector (General Studies on Assam: Economic Development)
oThe Assam Legislative Assembly today passed the Assam Micro, Small and Medium Enterprises (Facilitation of Establishment and Operation) Bill, 2020.
oThe objective of the Bill is to provide relief to the entrepreneurs under Micro, Small and Medium Enterprises (MSME) sector from the clumsy process of procuring license and approvals for their projects.
oIn a written statement, Industries and Commerce Minister Chandra Mohan Patowary said the MSME sector has emerged as a highly vibrant and dynamic sector of the Indian economy over the last five decades.
oHe said the sector not only played a crucial role in providing large employment opportunities at comparatively lower capital cost than the large industries but also help in industrialisation of rural backward areas, thereby reducing regional imbalances, assuring more equitable distribution of national income and wealth.
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oIn Assam it has been seen and realized that for setting up of MSME units, the entrepreneurs face a lot of difficulties in getting the clearance and approvals from the statuary authorities like the Pollution Control Board, Inspectorate of Boilers, Labour Department, Power Department, Urban Development Department, etc.
oIt is considered necessary to have a law which shall provide exemption from certain approvals and inspections initially for three years in respect of pollution certificate, factory licence, Urban Development Department clearance and other statuary authorities for establishment and operation of MSMEs in the state except no-objection certificate for fire safety and electrification.
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oThe State Government has requested the Centre to carry out a probe into the alleged corruption that led to the present condition of the two mills.
oHe further said that the State Government is giving its best to stop the liquidation of the mills and Chief Minister Sarbananda Sonowal has also written to Prime Minister Narendra Modi on this matter.
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EDITORIAL 15th Finance Commission’s awards (General Studies-2: Governance, Polity) oThe 15th Finance Commission is presently working on their final report which will be submitted to the Central Government in October next.
oAs the award of the Commission will be effective from April 1, 2020, the Commission submitted an interim report concerning the current financial year (2020-21) wherein it has been indicated that some major recommendations on specific issues are also coming up with the final report.
oThis has generated much interest among the policymakers and the State governments, especially on the matter of funding for disaster mitigation and response in view of the declaration of Covid-19 as a pandemic.
oIt appears that while submitting the interim report, the Commission did not pay any attention to the performance of the macroeconomic variables and the economic forecasts by various agencies including IMF.
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oThe economy was not in good shape right from the beginning of the first quarter of the last year and at the time of preparation of their report, the available trends adequately showed the downturn of the economy almost in every sphere – inflation was up, tax collection was low, production in manufacturing sector was falling while employment was also shrinking.
oDespite these, the Commission preferred to assume the GDP growth rate at 10% as against the budgetary assessment of 11%; the volume of tax collection for 2019-20 was also assumed at the level of 2018 and gross revenue expenditure required for 2020-21 was estimated by the Commission at an average of 9.5%, higher than that of the 2017-18 on yearly basis.
oOn the basis of the above assumptions, the Commission decided the State’s share of divisible pool at 42% which also includes one percentage point earmarked for newly- created UTs of Jammu and Kashmir. This size was equivalent to the size maintained by the 14th Finance Commission. The Commission has earmarked an amount of Rs 8,55,176 lakh crore for the States as the share of Central taxes and duties.
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oAs per the worked-out percentage depending on the five criteria principle, the highest share goes to Uttar Pradesh with 17.931% followed by Bihar (10.61%), Madhya Pradesh (7.886%) and West Bengal with 7.519%. The share for Assam is fixed at 3.131% which will yield Rs 26,776 crore as its share of Central taxes and duties from the divisible pool of resources for the current year.
oThe Commission has also recommended revenue deficit grants to those States which could not neutralize their revenue deficit with the amount recommended as share of Central taxes and duties.
oThere are 14 such States including Assam against which the Commission has recommended revenue deficit grants. The share of Assam is recommended as Rs 7,579 crore.
oAs regards financing the disaster management initiatives, the Commission after detailed study has recommended the creation of two new funds, namely, the National Disaster Mitigation Fund and the State Disaster Mitigation Fund in tune with the direction of the apex court.
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oThese two funds together with the existing NDRF and SDRF will henceforth be known as National Disaster Risk Management Fund (NDRMF) and State Disaster Risk Management Fund (SDRMF).
oTwenty per cent of both the corpuses shall be utilized for mitigation of disaster while 80% shall be utilized for disaster response.
oThe Commission also fixed the ratio at which the response fund shall be utilized. Of the total 80%, 40% is earmarked for response and relief, 30% for recovery and reconstruction and 10% for capacity building.
oThe total Central fund earmarked for SDRMF is Rs 22,184 crore for 2020-21, of which Maharashtra has been allocated the highest amount (Rs 3,222 as central share) followed by Uttar Pradesh (Rs 1,933 crore). The central share for Assam is fixed at Rs 772 crore.
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oThe allocation has been fixed as per the factor arrived at after combining the capacity of utilization, risk exposure and disaster risk index.
oThe Commission on demand from various States and Central Government also examined certain specific areas where it felt that additional intervention is necessary in addition to ongoing incentives.
oCrucial areas such as nutrition, health, preprimary education, Industry, rural connectivity, railways, Police training, etc., have been identified as requiring additional thrust. The Commission indicated that grants to these areas shall be considered under Sectoral Grants in the final report.
oThe Commission however expressed their serious concern about the progress achieved in the area of nutrition and felt that the intervention is needed in this area in right earnest.
oAccordingly, the Commission recommended an amount of Rs 7,735 crore for nutrition as an additional amount over and above the existing schemes. Of this additional amount, Assam is getting Rs 326 crore in the current year
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o. As against the above recommendations, however, the release of fundsfrom the Government of India is very slow. So far the Government of India has released only three instalments to the States of the share of Central taxes amounting to Rs 1,38,114 crore.
oAssam received an amount of Rs 4,324.44 crore so far as against total recommendation of Rs 26,776 crore. Similar is the case with the release of revenue deficit grants. The Central Government has so far released four instalments of revenue deficit grants amounting to Rs 24,780 crore.
oAssam has so far received a total of Rs 2,524 crore as against the current year’s allocated amount of Rs 7,579 crore. To fight Covid-19, the Central Government also released Rs 11,092 crore as the first instalment of the States disaster mitigation and response fund.
oAssam received an amount of Rs 386 crore for the purpose. So far the Government of India is releasing amounts depending on the estimated tax collection, but once the actual receipt figures are available, the release will be declined further as gross tax receipt position is not satisfactory.
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oSince the first half of the current fiscal is coming to an end, it is time that we make careful handling of the 15th Finance Commission funds received so far. Available statistics show that gross tax collection position is not encouraging.
oThe economic uncertainty generated by Covid-19 has marred the development scenario totally and the damage caused would take longer time to repair and reach the pre-Covid position.
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For a healthy competition culture (General Studies-3: Economic Development)
oIndia was a late entrant in the arena of market economy without the support of a strong competition law while many First World nations around the globe have made tremendous advancement in antitrust law enforcement and successful operation of free market economy and consequent far-reaching economic development.
oThe Sherman Act, 1890 of the USA was the torchbearer in the world of competition law, enacted to preserve a competitive market and to protect the consumers from all kinds of anti-competitive and abusive trade practices resorted to by big monopolistic enterprises.
oThe ‘competition’ in essence is a dynamic word which in common parlance means rivalry and this phenomenon thrived in places where the laws of a nation are so framed as to create a level playing field for producers of goods and services and for the greater well being of the consumers and the nation as a whole.
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oIndia’s newly-oriented economic policy of 1991 with huge bout of liberalization and privatization resulted in massive investment by the foreign investors, opening up the large Indian market for investment by foreign companies and institutional authorities, and thus the whole trajectory of growth and development of the country showed an upsurge with new enterprises, financial institutions, etc., coming up across the country.
oThe MRTP Act (Monopolies and Restrictive Trade Practices Act), 1969 which merely restrained the concentration of economic wealth in a few monopolistic hands lost its relevance and so the emerging need was a strong regulatory authority in a new ‘avatar’ called Competition Act, 2002, a sine qua non in order to create an investor friendly level playing field so that anti-competitive trade practices, abuse of dominant position by some unethical enterprises and combination, i.e., mergers, acquisition of enterprises which cause or likely to cause appreciable adverse effect on competition.
oThe Competition Act, 2002 was approved by the Indian Parliament in 2003 and became fully operational in 2009 with extensive amendments in-between till 2019.
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oOut of the three major arms under the Competition Act, the foremost is the Competition Commission of India (CCI), a regulatory quasi-judicial body with a chairperson and a minimum of two or maximum of six members with the mandate to adjudicate on all antitrust activities, abuse of dominant position by big enterprises and to regulate operation of combination, mergers, amalgamation of enterprises, etc.
oThe Commission’s role is inquisitorial, exercising the power of a civil court under the provision of the CPC. The Commission may impose such penalty, as it may deem fit which shall not be more than 10% of the average turnover for the last three preceding financial years, upon each of such persons or enterprises which are parties to such agreements or abuse.
oThe Commission is further empowered to impose upon such producer, seller, distributor, trader or service provider included into the cartel, a penalty of up to three times of its profit for each year of its continuance of such agreements.
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oThe second important arm is the Director-General of CCI, who commands the power and authority of a civil court judge to investigate any anti-competitive practices falling under Section 3, 4 and 5 of the Competition Act, upon direction from the CCI.
oFurther the DG is empowered to conduct search and seizure operations under the provision of CrPC 1973 if someone is in possession of documents having indulged in anti- competitive practices in business.
oThe third important arm is the Competition Appellate Tribunal (COMPAT), now replaced with National Company Law Appellate Tribunal (NCLAT) in 2017, consisting of a chairperson who is or has been a judge of the Supreme Court or Chief Justice of a High Court of India and not more than two members.
oThe Commission has the power to initiate action suo moto. Any person or a consumer or their association can file complaints before the Commission. The State or Central Government or any other statutory body can make reference to the Commission for making enquiry on any anti-competitive practices.
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oApart from trade and business enterprises many agencies, departments of the Government, engaged in economic activities (both Centre and State) come under the purview of the Competition Act, where procurement of goods and services takes place regularly through ‘work tenders’ floated by the government procurement officials.
oIn India the value of government procurement is said to be constituting a whopping 30% of the GDP, but what causes serious concern is the faulty and poorly-crafted procurement mechanism that breeds cartelization, bid rigging, unbridled corrupt practices which not only cause colossal wastage of government fund but debase the ‘competition’ and adversely affect the fairness and competitive neutrality.
oThe advocacy department of the CCI has initiated a number of awareness programmes for its stakeholders across India including Assam. Meanwhile, a few programmes were recently conducted through webinar in the institutions like IIT-Guwahati, Oil India Limited and Assam Police Housing Corporation.
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oThe most obvious fallout of a healthy competition culture has been the overall economic development of the nation by way of innovative practices by the competing firms/enterprises and availability of qualitative products and services with multiple range of consumer choices at cheaper and affordable rates. The consumers get benefited with value for the money too.
oMeanwhile, a big leap has been achieved by the CCI with an impressive array of ‘cases’ disposed of pertaining to violation of the Competition Act for the last 10 years.
oThe CCI has enabled itself with necessary dynamism to create an ‘aura of competitive environment’ in the market, and is geared up to face a wide spectrum of challenges in future.
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Heritage sites (General Studies on Assam: Culture)
oThough quite late in the day, the State Government finally woke up from its slumber and enacted the much needed legislation to provide protection and preservation of the State’s tangible heritage.
oThe Assam Assembly on Wednesday passed the new law, the Assam Heritage (Tangible) Protection, Preservation, Conservation and Maintenance Act, 2020.
oThe legislation aims to protect and preserve tangible heritage like sattras, monasteries, stupas, namghars, mosques, dargah, church and cultural institutions and habitation structures having traditional architecture, heritage sites, artefacts, sculptures which have been in existence for not less than 75 years, among others.
oThis piece of legislation will seek to develop, restore and promote these heritages to safeguard them from encroachments and damages in alignment.
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oThe legislation also intends to fulfil the objectives laid down in the Clause 6 of the Assam Accord regarding legislative and administrative safeguards of the heritages of the State.
oA State-level advisory committee will monitor the implementation of law. This legislation will rekindle hope on the protection and preservation of the sattras.
oAn important component of the State’s culture, the sattras are waging an uphill battle for their survival. The sattras over the centuries have given a direction to the State’s cultural front.
oIn the neatly maintained sattras, one can get a glimpse of the State’s cultural past. Government neglect, rampant encroachment and the forces of nature have compounded the woes of the sattras.
oThe immense contributions of the sattras in preserving and promoting the unique cultural heritage of the State should be highlighted both in the country as well before a global audience.
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oThe authorities should accord top priority to the sites which are facing threat to their existence and take prompt steps for their protection. Steps should be initiated to locate and preserve the objects of the past which are on the verge of being lost forever as hardly any attempts were made to preserve them.
oMuch remains to be done to unravel the unknown historical and cultural past of the region. No tangible efforts have been taken to increase the number of monuments of national importance in the State.
oThe passage of time coupled with factors like neglect, exposure to the forces of nature has caused irreparable damage to a significant number of them. Proper conservation of the historical sites will not only help in their preservation but will also help in promoting tourism to the State.
oIt’s hoped that this legislation will finally help in protecting the heritage site of the State which are facing grave threat to their very existence. The State Government should ensure that this legislation is implemented strictly on the ground. Otherwise, the woes of the magnificent historical and heritage sites lying across the State will only continue.
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DAILY MCQS – 04-09-2020
1. Pang Lhabsol is celebrated in which state a) Nagaland b) Mizoram c) Sikkim d) Tripura
2. Sikkim celebrates a festival on every 15th day of seventh month of Tibetan calendar. The celebration basically aims at paying homage to: a) Mt Kanchenjunga b) Buddha c) Warriors who protected the land d) None of the above
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3. Muga Cucoon waste are of great use. Illegal sell of this waste are leading to the decline of traditional handloom and thus becoming a boon for Bhagalpuri silk industry. Traditionally the Muga cucoon waste we’re used to make the following: a) Ghisa silk b) Bor Kapoor and warm cloths c) Mekhela Chadar d) All of the above
4. Sun pharma introduced a mobile healthcare Unit in Kamrup district in April 2019 under which scheme: a) AANCHAL- Awasthi MA se Sishu taak b) RBSK c) PMSSY d) RASHTRIYA AROGYA NIDHI
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5. How many Chinese mobile app has been banned by India recently? a) 118 b) 224 c) 234 d) 225
6. The Assam assembly Passed a new law to provide protection, preservation, conservation, maintenance of the states tangible heritage like satras, namghars, stupas, Mousques etc which have in existence in not less than a) 50 years b) 70 years c) 75years d) 100years
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7. Union Cabinet approves a major bureaucratic reform of recent times and termed it as a) Mission KarmaYogi b) Mission Rozgar c) Unnat jiwan gonna d) None of the above
8. Who is elected as the new chairman of Assam tea Planters Association for 2020–2022 session? a) Gautam Barooah b) PK Bezbaruah c) Deboshyam Barua d) None of the above
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9. Global innovation index is published by: a) WIPO b) Cornell university c) INSEAD School of business d) All of the above
10. India’s rank in recently published Global Innovation Index a) 58 b) 48 c) 88 d) 38
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