Cabinet approves amendments and modifications in the Toll-Operate-Transfer model and securitization of user fee receipts of NH -Pragnya IAS Academy - News Analysis.

Cabinet approves amendments and modifications in the Toll-Operate-Transfer model and securitization of user fee receipts of NH.

The Cabinet Committee on Economic Affairs, chaired by Prime Minister Shri Narendra Modi has given its approval to the amendments proposed in the Toll Operate Transfer (TOT) Model by National Highways Authority of India (NHAI).

Public funded National Highway (NH) projects which are operational and have toll revenue generation history of one year after the Commercial Operations Date (COD) shall be monetized through the TOT Model. The monetization will be subject to approval of the Competent Authority in Ministry of Road Transport and Highways (MoRTH) / NHAI on a case to case basis.

Around 75 operational NH projects have been identified for potential monetization using the TOT Model, and bundled into 10 separate bids to attract economics of scale for the private sector. The corpus generated from proceeds of such project monetization shall be utilized by the Government to meet its fund requirements regarding future development and O&M of highways in the country. The Model would facilitate efficient toll realization through private sector.
This approval would ensure a wider set of assets for Monetization and providing a more attractive model for the investors. Further, the fund generated from such monetization shall be utilized for development/O&M of highways in the country, which would benefit highway users throughout the country.
Implementation Strategy and targets:
The approved TOT Model authorized NHAI to monetize public funded NH projects, such as EPC/BOT (Annuity) projects, which are operational and have a proven toll collection history of at least two years. The approved TOT Model provides for a fixed 30-year concession period. The fund generated from proceeds of monetization are being utilized by the Government to meet its financing requirements regarding future development of NHs in the country, including their operation and maintenance.
NHAI has already monetized one bundle of projects under TOT Model, generating a revenue of Rs. 9681.50crore for the government. However, the second bundle saw deviation in the market valuation of assets from NHAI's valuation. NHAI has conducted several rounds of discussions with the private sector to reduce uncertainty in the Model. The approved amendments in the model will allow more efficient asset monetization through TOT Mode.
Background:
The NHAI was authorized to monetize public funded NationalHighway projects through the TOT Model. The TOT Model allows NHAI to:
(i) Ensure efficient management of constructed and operational NH projects through proper Operation and Maintenance (O&M).
(ii) Arrange for additional funds which are required for achievement of targets under Bharatmala Programme and other NH development works.


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Cabinet approves amendments and modifications in the Toll-Operate-Transfer model and securitization of user fee receipts of NH.

Govt introduces amendments to POCSO Act in LS, making it gender neutral - Pragnya IAS Academy - News Analysis.

Govt introduces amendments to POCSO Act in LS, making it gender neutral.

The POCSO Amendment Bill also provides for stringent punishments for other crimes against those below 18 years of age.

The Government on Tuesday introduced in Lok Sabha amendments to the POCSO Act, which provides for death penalty for aggravated sexual assault on children, making it gender neutral and introducing provisions against child pornography and for enhancing punishment for certain offences.
The Protection of Children from Sexual Offences (Amendment) Bill, 2019, seeks to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences.
The POCSO Amendment Bill, introduced by Minister of State in Ministry of Women and Child Development Virendra Kumar, also provides for stringent punishments for other crimes against those below 18 years of age.
"The said Act is gender neutral and regards the best interests and welfare of the child as matter of paramount importance at every stage so as to ensure the healthy physical, emotional, intellectual and social development of the child," said the statement of Objects and Reasons of the Bill.
The Sections 4, 5, 6 of the Act are proposed to be amended to provide the option of stringent punishment, including death penalty, for committing aggravated penetrative sexual assault on a child.
The Act defines child as any person below the age of 18 years and the amendments are aimed at discouraging the trend of child sexual abuse by acting as a deterrent.
Besides, Section 9 of the Act is being amended to protect children from sexual offences in times of natural calamities and disasters and in cases where children are administered any hormone or chemical substance to attain early sexual maturity for the purpose of penetrative sexual assault.
The Bill proposes a fine of not less than Rs 1,000 for not destroying or deleting or reporting the pornographic material involving a child. In case of subsequent offence, the fine would be not less than Rs 5,000 crore.
The offender can be further penalised with 3-year jail term or fine or both for transmitting, propagating, administrating such material.
"In the recent past incidences of child sexual abuse cases demonstrating the inhumane mind-set of the abusers who have been barbaric in their approach towards young victims is rising in the country. Children are becoming easy prey because of their tender age, physical vulnerabilities and inexperience of life and society," the Bill said.
It said there is a strong need to take stringent measures to deter the rising trend of child sex abuse in the country.
The proposed amendments make provisions for enhancement of punishments for various offences so as to deter the perpetrators and ensure safety, security and dignified childhood for a child.


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Govt introduces amendments to POCSO Act in LS, making it gender neutral.

Govt approves amendments to POCSO Act - Pragnya IAS Academy - News Analysis.

Govt approves amendments to POCSO Act.

This category of offence includes assault on a child under the age of 12 years, gangrape, assault on a mentally or physically challenged child or one that is committed by a relative.

The government on Friday approved amendments to the POCSO Act 2012, to bring punishments for sexual assaults against boys on par with those against girls, including the provision of death penalty when a child is under 12-years-old.
Following the outrage over gangrapes in Unnao and Kathua earlier this year, the government had brought an Ordinance in April and followed it by passing a Bill in Parliament during Monsoon Session. The Bill was introduced to amend the Indian Penal Code to provide death penalty for gangrape of a girl under 12 years, and 20 years in jail to death penalty for rape of a girl under 12 years, among others.
Provisions were also added to provide imprisonment for the rest of one’s natural life for gangrape of a girl under 16 years, while rape of a girl in the same age bracket would be punishable with jail of 20 years up to life imprisonment.
However, the absence of changes to Prevention of Child Sexual Offences Act (POCSO), 2012, which deals with sexual crimes against both girls and boys, meant that similar crimes committed against boys carried lighter punishment as those committed against girls. The latest set of changes approved by the Union Cabinet address these anomalies.
The Union Cabinet approved changes to Section 6 of the POCSO Act, which deals with punishments for aggravated penetrative sexual assault, enhancing the punishment of 10 years to life imprisonment to 20 years to imprisonment for remainder of a person’s natural life or with death.
This category of offence includes assault on a child under the age of 12 years, gangrape, assault on a mentally or physically challenged child or one that is committed by a relative.
The government has also amended the definition of aggravated penetrative sexual assault to include an offence that causes the death of a child. (Source: The Hindu)


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Govt approves amendments to POCSO Act.

SC issues notices to five States on amendments in 2013 Land Acquisition Act - Pragnya IAS Academy - News Analysis.

SC issues notices to five States on amendments in 2013 Land Acquisition Act.

The Supreme Court on Monday decided to examine a plea challenging the legality of amendments brought in by Tamil Nadu and four other States, which allow authorities to bypass the need to take farmers’ consent before their land is acquired for big-ticket infrastructure projects.

A Bench of Justices Madan B. Lokur and Deepak Gupta issued notice to Tamil Nadu, Gujarat, Andhra Pradesh, Telangana and Jharkhand governments for amending their States’ land acquisition laws to the extent that consent of farmers or land owners is not required before their land is acquired for projects like industrial corridors, expressways, highways, etc.
The petition filed by activist Medha Patkar, represented by advocate Prashant Bhushan, said the States allow land acquisitions without social impact assessment, participation of representative local bodies like gram sabha in social impact assessment study, expert appraisal processes, public hearing, objections, and safeguard provisions to safeguard food security, etc.
The petitions said the States’ amendments violate the “core spirit” of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act of 2013. The 2013 Act mandates that70% of the affected land owners should consent to the acquisition of land for a public private participation (PPP) project. The 2013 Act had uprooted it’s colonial predecessor of the year 1894 and was intended to uphold the farmer’s right to dignity and life to include the right to be not unnecessarily displaced.
“The States have removed the consent clause of PPP, paving the way for many private projects that are running under the grab of PPP. Tax payers’ money is spent while acquiring land and creating infrastructure but private players take away the maximum share at the profit-making stage,” Ms. Patkar argued.
Mr. Bhushan submitted in court that the amendments, which “emasculate” the 2013 Act, brought by the States were similar to a central ordinance promulgated in December 2014. The central ordinance eventually lapsed in August 2015, following which, the “stage shifted to the States”
“Several States have sought to implement the content of the ordinance by routing it through their respective State legislatures,” the petition said.
The States’ amendments have caused a huge uproar in the agrarian community with farmers from Tamil Nadu leading protests which have gained national attention. Gujarat was the first State to amend the land acquisition law.
The court, however, refused to intervene with States like Himachal Pradesh and Manipur, which have amended their rules but not touched the main Act. Justice Lokur said the petitioner should approach the respective high courts in such States. (Source: The Hindu)


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SC issues notices to five States on amendments in 2013 Land Acquisition Act.