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Category: Service Tax (page 1 of 378)

National Capital Goods Policy

National Capital Goods Policy

The Department of Heavy Industry has introduced the National Capital Goods Policy with the object of increasing production of capital goods. The National Capital Goods policy also aims to facilitate improvement in technology, increase skill availability, encourage growth and capacity building of MSMEs . In this article, we look at the National Capital Goods Policy in detail.

Also, read about National Retail Trade Policy

Objectives of National Capital Goods Policy

The objectives of National Capital Goods Policy are listed below:

  • To promote the development of new technology through indigenous sources.
  • To provide technology upgrade fund support across all capital goods sectors.
  • To support the availability of long and short term of financing at competitive rates to capital goods manufacturers.
  • To enable skill development by setting up sub-sector specific skill councils.
  • To enable participation in standard creation and developing support system to improve compliance.
  • To develop a manufacturing cluster with shared facilities, especially for Small and Medium Enterprises (SMEs).

Key Principles

The following are the basic principles of the National Capital Goods Policy:

Promotion of Entrepreneurship

The Department of Heavy industry will develop startup centre for the capital goods sector in order to provide business, technical and financial support and services to startups in both the manufacturing and services sectors. These services include pre-incubation, incubation and post-incubation phases of a startup.

Promotion of Exports

In order to enhance the export of capital goods, Heavy Industry Export and Market Development Assistance Scheme (HIEMDA) has been created. Also, this would require developing a comprehensive branding for the capital goods sector with the support of the Indian Brand Equity Foundation (IBEF).

Human Resource Development

Under Human Resource Development, the comprehensive skill development plan or scheme under the guidelines of Capital Goods Skill Council will be developed. It intends to upgrade existing training centres and set up regional State of the Art greenfield centres of Excellence for Skill Development.

Technology and Intellectual Property Rights (IPR)

Under technology and Intellectual Property Rights (IPR) , the fund for technology development will be provided under PPP model to fund transfer of technology, technology acquisition, purchase of IPRs as well as for commercialization of such technologies of capital goods can be managed by a professional institution such as Global Innovation and Technology Alliance (GITA). Also, to enhance the competitiveness of capital goods, the centres of excellence, integrated industrial infrastructure park, common engineering facility centres will be set up.

SME Development

The scheme for enhancing the competitiveness of the Indian Capital Goods industry through a cluster approach, especially for SMEs, will be developed. The components such as energy management, quality management, cost management, human resource management and prevention of corrosion. The Department of Heavy Industries would support 80% of the total fee of such cluster projects with the remaining cost borne by the SMEs.

Support Services

The mechanism for reporting data of production, export and import for all capital goods sub-sector will be developed for monitoring policy effectively.

Focus Sectors

The following are the areas focused under the National Capital Goods policy:

  • Machine Tools
  • Textile Machinery
  • Earthmoving and Mining Machinery
  • Heavy Electrical Equipment
  • Plastics Processing Machinery
  • Process Plant Equipment
  • Dies, Moulds & Press Tools
  • Printing Machinery
  • Metallurgical Machinery
  • Food Processing Machinery

Governance Mechanism for Policy Initiative

The National Capital Goods Policy requires the stakeholders for implementation, including the State and Central Government, including ministries. Also, the following institutional arrangements are proposed to govern this policy initiative and responsibilities of stakeholders.

Roles and Responsibilities of the Central Government

  • To ensure coordination with ministries and government department in order to meet with the capital goods policy.
  • To provide a framework for the schemes under the capital goods sector as per this policy and providing enabling environment for all stakeholders.
  • To modify policies, guidelines and practices in taxation, foreign investment, foreign trade and international relations to support the capital goods sector.

Roles and Responsibilities of the State Government

  • To work with Central Government to ensure the implementation of capital goods policies in the State.
  • To promote policies in the State and speedy implementation of projects.
  • To actively work towards cluster development in the State.

Roles and Responsibilities of Manufacturing Industries

  • To contribute India brand image in international markets by delivering high-quality products and complying with standards.
  • To invest in skill development activities.
  • To create an enabling environment for promoting and rewarding innovation.
  • To improve performance outcomes and increasing awareness of the same.

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Innovation Grant Scheme

Innovation Grant Scheme

Innovation Grant Scheme is organized by Kerala Startup Mission (KSUM) which offers innovation grants to students and innovators. Early-stage funding is incredibly challenging for innovators as Angel Investors and Venture capitals; Government has introduced this scheme to solve the challenges faced by entrepreneurs and startups. The key objective of the scheme is to promote entrepreneurship and innovation in the state. In this article, we will look at the Innovation Grant scheme in detail.

Objective

Aim of the innovation Grant Scheme is to solve the early-stage funding challenges faced by the entrepreneurs and startup by providing innovation grants.

Financial Assistance

The following types of grants are provided to innovators under the Innovation Grant Scheme.

Idea Grant

This type of grant is provided for startups or students who have a Prototype or minimum viable product (MVP) to develop the final version of MVP. As part of the Innovation Grant Scheme, an amount of Rs.2 lakhs is provided for the idea.

Grant for Production

This type of grant is provided to launch the products of startups. An amount of Rs.7 lakhs will be granted to every idea.

Scale-up Grant

The eligible startup will get Rs.12 lakhs per idea to ramp up the production or sales.

R&D Grant

Research and Development Grant will be given to highly promising hardware or deep tech Startups with a working prototype which requires to be developed into a final product through extensive R&D. The R&D grant amount is Rs.30 lakhs per startup.

Eligibility Criteria

The eligibility criteria to avail the financial assistance under the Innovation Grant Scheme are explained in detail below:

For Idea Grant

  • A student studying in Kerala
  • An innovator based out of Kerala
  • A startup legally registered with DIPP Certification in Kerala

For Production & Scale-up Grant

  • A startup legally registered with DIPP Certification in Kerala

Margin Money Details

The startups need to pay a Margin Money to the project to build innovative & distinguished products:

Grant Type Margin Money Potential Investors/Supporters
Idea Grant 10% of the proposed cost Alumni, Friends or Family
Production Grant 20% of the proposed cost Founders or Investors
Scale-up Grant 50% of the proposed cost Investors or Revenues

Note on Idea Day

Applications for the Innovation Grant Scheme will be invited through the Idea Day event that is conducted by Kerala Startup Mission (KSUM).  Applicants have to pitch their ideas in front of an elite panel for evaluation. The ‘ideas’ that are shortlisted will be provided with a seed funding up to 12 lakhs. The 10th Idea Day of KSUM is called as the Idea Fest.

Scale-up Fest

Scale-up Fest is being organized by Kerala Startup Mission exclusively for a startup in the revenue stage. Selected startups can get a grant of up to Rs.12 Lakhs for ramping up product sales. To avail the financial amount, the startup should have a revenue or investment inflow of at least Rs.12 Lakhs in the last 6 months

Documents Required

Financial assistance under the Innovation Grant Scheme will be disbursed in tranches. The half of the assistance will be disbursed in the first tranche after collecting documents and the remaining amount will be disbursed after the innovator submits an interim report with utilization certificate. The list of documents to be submitted is as follows:

Documents for First Tranche

The startups with seed loan sanctioned need to submit a fund utilization plan along with project milestones. The fund utilization plan for the first tranche should be clearly stated along with the interim outcomes expected to be achieved.

Startups

  • Address proof of founder signing the agreement
  • Company account passbook
  • Rs.200 worth Stamp paper in the name of the company

Student Innovators

  • Passbook of IEDC account
  • Address proof of Nodal Officer
  • College ID card copy of Nodal officer
  • Stamp paper (Rs.200 worth ) in name of IEDC
  • Address proof of Student
  • College ID card copy of Student

Individual Innovators

  • Stamp paper (Rs.200) in name of Individual
  • Address proof of Individual
  • Acceptance letter from a member of IEDC or incubator
  • Scanned copy of IEDC or incubator account passbook

Documents for Second Tranche

Release of the second tranche will be subject to verification of the following documents:

Startups

  • Audited Utilization Certificate of the initial tranche
  • Progress report of the project

Students

  • Utilization Certificate signed by the student and approved by IEDC Nodal officer.
  • The idea grants released should be reflected in the audited BS/I&E accounts of the IEDC Progress report of the project

Innovators

Utilization Certificate signed by the innovator and approved by the in-charge of the IEDC/Incubator.

  • The idea grants so released should reflect in the audited BS/I &E accounts of the IEDC/Incubator
  • Progress report of the project

Innovation Grant Scheme Application Procedure

Kerala Startup Mission will call for applications for Innovation Grant Scheme (idea, production and scale-up grant) once a quarter. The calendar of Innovation Grant Scheme future processes will be published.

  • Once the application is open, the notifications will be published through the official website of KSUM , social media and print media channels.
Image 1 Innovation Grant Scheme
Image 1 Innovation Grant Scheme
  • The interested students, innovators, and startups need to access the official website of KSUM to apply Kerala Startup Mission.
Image 2 Innovation Grant Scheme
Image 2 Innovation Grant Scheme

Note: This page also provides an option to subscribe to the email updates regarding future Idea Days.

  • The applications received by Kerala Startup Mission will be shortlisted by the panel experts. The shortlisted startups have to submit a 2-minute video introduction of the product along with the pitch deck and fund utilization plan.
  • The shortlisted startups will pitch to the Screening Panel, who will recommend for funding if the idea is worth pursuing.
  • The applications for Innovation Grant scheme will be shortlisted based on the following criteria:
    • Idea usefulness (40%)
    • Solution value (40%)
    • Market potential (20%)
  • The top 10 ideas in each sector will be invited for Idea Day during which a Screening Panel will listen to the idea presentations, evaluate the merit and accordingly recommend the ideas for funding.

Shortlist Announcement

  • Innovators selected for idea presentation will be notified through official e-mail at least two weeks before the Idea Day is scheduled.
  • The selected innovators are expected to confirm the participation within 5 days by submitting a 2-minute product introduction video, the pitch deck and the fund utilization plan.
  • The 2-minute product introduction videos and presentations submitted by the startups will be shared with the Screening Panel members one week in advance.
  • The exact financial assistance will be finalized based on the fund utilization plan submitted by the innovator and Technical review will be done by experts in the concerned technology.
  • The recommendations of the Screening Panel will be submitted to the CEO, KSUM for approval. Grants above 5 Lakhs will need to be approved by IT Secretary, Government of Kerala.

Disbursal of Funds

As stated above, the Innovation grant will be disbursed in milestone-based on tranches. Half of the grant amount will be disbursed in the first tranche after collecting necessary documentation and the remaining amount will be disbursed after the innovator submits interim report and utilization certificate.

Note: If the Idea grant sanctioned is less than Rs.50,000, it will be disbursed as a single tranche.

  • Ideas selected through Idea Days will be released a maximum of Rs.2 Lakhs in the funding (first tranche).
  • Ideas selected through Scale-up Fest will be released a maximum of Rs.6 Lakhs in the first tranche

Agreement for First Tranche

  • After verifying the details and documents, KSUM will execute an agreement with the innovator or startup. The innovator/startup need to complete the agreement by visiting the nearest KSUM office (Trivandrum, Kochi or Kozhikode).
  • Grant will be released within a week of signing the agreement as account payee cheque.

Release of the Second Tranche

KSUM will assess the progress of the startup before the disbursement of the second tranche of the Innovation grant and after the end of the project. The startups have to submit the interim progress update and utilization certificate to initiate the release of the second tranche of the fund.

Mode of Payment

  • The grant will be disbursed through account payee cheque or having account transfer to the treasury.
  • For student innovators, the innovation grant will be transferred to the IEDC bank accounts of their respective colleges.
  • Startups registered as legal entities with DIPP certification will receive the funds to the company bank accounts.
  • Individual innovators will need to register with an IEDC or incubator operating in Kerala. The grant will be disbursed to the IEDC’s or incubator’s bank account. The IEDC or incubator will subsequently transfer the grant to the individual innovators.

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Tamil Nadu Lift License

Tamil Nadu Lift License 

Lift License is a legal permit that has to be obtained from the Government for the operation of lift or escalator in a building in India. The rules and regulations pertaining to a Lift License are governed by the Tamil Nadu Lifts and Escalators Rules, 1997. Before installation or alteration of an elevator in the building, there are a certain set of approvals one needs to seek. Let us look in detail about the Tamil Nadu Lift License in this article.

Tamil Nadu Lifts and Escalators Rules, 1997

As per the provisions, every owner of a complex/building/project who intends to erect a Lift or an Escalator or to make additions or alterations to existing Lift or Escalator has to apply for the license approval dependent on important factors, including whether the lift is being installed and maintained by an authorised contractor. In addition, the construction, maintenance and safe working of elevators are regulated by the Lift Acts and Rules whereas the Indian Standards (IS) will be applicable for the installations across the country.

Terms and Conditions of License for Working a Lift/Escalator

Every lift or escalator would be operated with subject to the below-listed terms and conditions that are as follows:

  • In case of any defect in the operation of the lift or escalator, the licensee must immediately report to the inspector.
  • The licensee must obtain permission from the inspector to carry out any additions or alterations to a lift or an escalator erected as required under these rules.
  • The licensee must not use the lift or escalator which is not in a safe condition and to be solely responsible for the safe maintenance of lift or an escalator.
  • The maintenance of the lift or an escalator has to be done by a manufacturer of lifts or escalators or company of Electrical and Mechanical Engineers approved by the Inspector.
  • The licensee shall produce test reports obtained from the competent person authorised under rule 14 for the lift or escalator installation at the end of every year from the date of grant or renewal of a license.
  • The licensee has to produce test reports that are obtained from the competent person for the lift or escalator installation at the end of every year from the date of grant or renewal of the license.
  • Every lift operator, if appointed in case of manually operated lift or escalator, must have the age limit of 18 years and must be a person who has been trained in the correct operation of the lift or escalator.
  • When a lift or escalator erected at any place ceases to be used as such, the owner would either remove it or keep it in safe mechanical condition after disconnecting it completely from the electric supply; all gates and doors would be securely locked, so as to prevent the accidental entry to lift well or escalator and to prevent inadvertent use.
  • All electrical works in connection with the erection of lift or escalator would be carried out in accordance with the terms of the Electricity Act, 2003. 

Fee Structure

The license fee for the working a Lift or Escalator are as follows:

  • In case of lift having 5 landings – Rs.2,500
  • In case of lift having more than 5 landings – Rs.5,000
  • For each escalator – Rs.10,000
  • In the case of the existing escalator – Rs.20,000

Fee for the renewal of the license is as follows:

  • In case of lift having 5 landings – Rs.5,000
  • In case of lift having more than 5 landings – Rs.10,000/
  • For each escalator – Rs.10,000

Application Procedure for Obtaining Lift License

To apply for the Lift Erection Permission, the applicant has to follow the below procedure:

Step 1: To erect a Lift or an Escalator and to make additions or alterations to existing Lift or Escalator, the applicant has to make an application in Form “A†to the Inspector.

Step 2: Every application will be accompanied by one set of drawings duly signed by the applicant. Click on Form A on the official website of Tamil Nadu Electrical Inspectorate.

Step 3: Fill in Form A with all the mandatory details and upload the duly filled additional forms as prescribed. Then click on the “Apply†button.

Step 4: In the preview form, the changes can be done using the’Go Back’ button. Otherwise, click on the Print button to print the Form A and put the signature.

Step 5: Click on continue to upload the signed Form A and Lift drawings(Optional) or Later the applicant can submit the signed Form A.

Step 6: Pay the prescribed fee (challan) in the office as per the fee structure tabulated above.

Step 7: To generate e-Challan the applicant needs to fill the challan form available with the department for requisite fees 

Step 8: On receipt of an application, the inspector will make such inquiries and required, the applicant to furnish such additional information in Form A either grant permission in Form B or refuse the permission applied for, within 1 month from the date of receipt of the application.

The owner of the place who is permitted to erect a lift, on completion of erection has to apply for a license by the following procedure.

Step 9: Upon the completion of erection, the owner has to give notice to the Inspector and must provide an application Form “C†along with the following enclosures for getting the license:

  • A work completion record of the erection of Lift or Escalator in Form “D†as obtained either from the manufacturer of Lifts or Escalators or a Company of Electrical and Mechanical Engineers
  • A completion report in Form “E†from the licensed electrical contractor
  • A challan remitted into Government Treasury or by means of electronic payment through the official website of Tamil Nadu Electrical Inspectorate.
  • Proof of insurance policy taken by the owner of the Lift or Escalator, covering insurance for the persons using such lift or escalator

Step 10: On receipt of an application, the Inspector would arrange for the inspection process of the Lift or Escalator within 15 days and on getting himself satisfied that all the requirements of the Act, he would grant the license in Form “F†within 15 days from the date of receipt of compliance report of rectification of defects.

Renewal of Lift License

An application for renewal of a license to work a lift shall be made in Form “G†to the inspector three months prior to the date of expiry of the license along with a fee of Rs.500 a lift towards the renewal of license remitted into a Government Treasury.

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Generator License

Generator License

As per the requirements under the Electricity Act, it is mandatory for every owner of the premises to obtain a generator license from the electrical inspector before the commencement of generator installation process. Tamil Nadu Electrical Inspectorate (TNEI) Department will issue the approval in order to verify the conformity of required technical standards for commissioning the installation. In this article, let us know about the procedure for obtaining generator installation license.

Also, read about TIIC Generator Scheme

Stages in Involved in Generator Installation

The following stages of compliances are involved in the commissioning of generator installation:

  • Obtaining Load Sanction from the TANGEDCO.
  • Obtaining No objection certificate from the TANGEDCO, if the proposal involves paralleling of Generator set with TANGEDCO’S grid.
  • Obtaining Electrical Inspectorate’s approval for the drawing proposal.
  • Erection and Completion of the Electrical Works based upon the drawings approved by the Electrical Inspectorate.
  • Submission of Completion Report for works completed.
  • Rectification of defects pointed out after the inspection and submission of rectification report
  • Commissioning and Reporting.
  • Additions and Alterations to the existing installations.

EHV, HV & MV Installation

According to the Indian Electricity Rules, the following are some of the installation types covered:

S.No Voltage Class Maximum voltage under normal condition Variations allowed
1. Low Voltage (LV) 250 voltage -6% to +6%
2. Medium Voltage (MV) 650 voltage -6% to +6%
3. High Voltage (HV) 33,000 voltage -9% to +6%
4. Extra-High Voltage (EHV) above 33,000 voltage 12.5% to +10%

Approving Authority

The following are the authority will inspect and approve the installation process:

S.No Voltage Concerned Authority
1. Up to 630 kVA Electrical Inspector
2. 630 – 2500 kVA Senior Electrical Inspector
3. Above 2500 kVA Chief Electrical Inspector to the Government

Documents Required for MV Generator Installation

The following are the documents required for Medium Voltage (MV) generator installation:

  • Electrical Contractor’s Completion report duly filled in prescribed form.
  • List of Equipment erected with complete details of the engine, generator, control panel, cable, change over the arrangement, etc.,
  • Copy of purchase bill for the generator.
  • No objection Certificate from the premises owner if the EB service connection is not in the name of the applicant.
  • Photocopy of EB meter card.
  • Original remittance challan for the Inspection fees paid to a Government.

Documents Required for EHV & HV Installation

The following are the documents required for EHV and HV generator installation:

  • An authorisation letter collected from the consumer authorising the contractor to correspond with the Electrical Inspectorate.
  • The drawings should be signed by both the consumer and the Electrical Contractor who performs the installation work.

Note: In addition to the above, the applicant has to submit the documents if required from the (TNEI) Board.

Online Procedure for Approval of Generator Installation

Follow the given steps to register for approval of generation installation:

Step 1: The applicant has to log in to the Single Widow portal .

Step 2: In the case of a new user, click on the “Register†button to register as a new user.

Step 3: After Registration, Verification page appears automatically, the applicant has to enter OTP received in Email or SMS.

Step 4: The required application forms for the approval of electrical installation has to be filled and submitted online.

Step 5: In case the application is incomplete, the application will be sent back into the applicant’s account, which will be communicated to the applicant through E-mail & SMS.

Step 6: The applicant has to log in to his account and view the comments of the TNEI officer and submit the necessary documents.

Step 7: If the application is complete in all respects, “Application accepted†shall be communicated to the applicant.

Step 8: The inspector inspects the installation, and the inspection report is uploaded, this information is communicated to the applicant. The applicant has to log in to the respective account and download the inspection report.

Step 9: The Compliance report shall be uploaded by the applicant.

Step 10: In the case of incomplete Compliance, comments shall be communicated to the applicant.

Step 11: The compliance re-submitted by the applicant will be examined by the TNEI officer again. In case it is satisfied on verification, “compliance report accepted†message will be communicated to the applicant.

Step 12: The approval for the installation is uploaded by the TNEI officer. This message is communicated to the applicant.

Step 13: The applicant can log in to his account and download the drawing approval certificate.

Processing Fee

The fees in respect of testing and inspection vary based upon the equipment and will be notified by the Tamil Nadu Government from time to time.

Processing Time

The entire process will be completed, and the concerned authority of TNEI will approve the installation within five working days from the day of submission of application.

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NSIC IT Incubator

NSIC IT Incubator

National Small Industries Corporation (NSIC) is working to fulfil its mission of promoting aiding and fostering the growth of Micro, Small & Medium Enterprises (MSMEs) in the country. All the traditional sectors of India and high-tech areas are in total need of new innovations and all new technology. This is mainly because of the globalisation of the Indian economy. The growing technology seems to have many professionals with good knowledge and are emerging with new ideas every day.

The ideas of entrepreneurial professionals have to be developed in a good and supported environment before they are attracted to venture capital. Incubation centres are needed for these purposes.

Objectives

  • The first generation of entrepreneur’s innovations is used in sustainable development in the area of Information Technology in NSIC.
  • The Innovative ideas of the entrepreneurs are nurtured for making them commercially available for business purposes.
  • The outputs produced will be encouraged and managed to become commercial ventures.
  • NSIC will provide its expertise helping hand to the start-up companies. This will help them to become successful companies.
  • There is a network established between the R&D and the industry target system.

There are two types of target groups to be focussed in the NSIC IT incubator. They are:

Primary target group

  • The small start-up company owner or a person who is willing to become an entrepreneur can become a primary group.
  • Group of research people from the surrounding universities and are funded with only a partial amount become a primary group.
  • Students or capable employees of the start-up companies and are in need of practical training in the company.
  • People who like to start their development of products can be a part of the primary group.

Secondary target group

  • People who are financially strong have a tie-up with the researchers are capable of forming the start-up groups at the Incubator.
  • Sales Partners and their clients who are personally interested in coordinating with the research people can form a group at the incubator.
  • Universities, private training institutes, and industrial enterprises can form a group at the incubator.

NSIC Incubator

The NSIC Incubator is located at the Centre of Okhla Industrial Estate, New Delhi.

Services by the Incubator

  • To provide with a building and business space, computer hardware, and software facilities, the software library and providing access to it, the Internet for business purposes all these facilities will be provided.
  • All the guidelines will be provided, and preliminary level training will be given, business plans will be discussed, specialised training will be provided, and the exposure of the market and business will be provided.
  • Provides support for documentation, survey, legal formalities support, managing the finance will be provided.
  • The process of identifying the business partners will be provided along with legal formalities for starting a business, and its selection process will be guided.

Application Process

  • The entrepreneur has to submit the application in the given format to NSIC.
  • The application must contain all the business plan along with the marketing and financial sources.
  • There will be a selection committee that will scrutinise the applications based on merit.
  • After which the applicant will be called for presenting his business plan to the selection committee.
  • The applicant’s strength, confidence and entrepreneurs skills will be analysed, and the selection committee will take the final decision.
  • After the selection process, the applicant has to sign an agreement with NSIC to start working in the incubator.

Incubation Period

The incubation period is kept at a maximum of 12 months due to the shorter life cycles of the products and services. For some of the deserving cases, the lifetime may be extended to a maximum of 6 months in a gap of 3 months each.

Norms for exit criteria

There will be monitoring, and all the incubator occupants should submit a progress report on a monthly basis regarding their activities to NSIC. The review will be taken quarterly to check whether the business plans are executed. Unsuccessful projects will be terminated from the incubator. Within 12 months of time, the occupants should complete their facilities and vacate the incubator.

Incubator Licence

For using the infrastructure of the NSIC, the applicant should pay a monthly fee for a licence to NSIC. In addition to the licence fees, telephone charges, internet charges will also be payable. For using the marketing, accountancy and other legal sources, the applicant has to pay the charge.

How to Apply for Incubation

The application form can be accessed below:

NSIC_ITincubatorform

This form must be filled along with all the business plan along with the marketing and financial sources for carrying on the business and must be sent to the NSIC for further process of scrutinising. The form must be filled with the prescribed guidelines.

Contact Details

  • Project Manager–NSIC TBI-Okhla,
  • NTSC Premises,
  • Okhla Industrial Estate,
  • New Delhi–110020
  • Phone: 011-26926513
  • Email: itincubator@nsic.co.in

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Sansad Adarsh Gram Yojana (SAGY)

Sansad Adarsh Gram Yojana (SAGY)

Sansad Adarsh Gram Yojana (SAGY) is an initiative of the Indian Government, implemented for the growth and development of rural infrastructures. The program emphasizes the reduction of poverty and improvement in the lives of the rural inhabitants which is an important component of social and economic development in the country. SAGY seeks to create technical support for rural area developmen t projects and other activities. Let us look in detail about the Sansad Adarsh Gram Yojana (SAGY) in this article.

Objectives of SAGY

Sansad Adarsh Gram Yojana has the following objectives:

  • To trigger processes that lead to the holistic development of the identified Gram Panchayats
  • To provide the people with improved basic amenities, higher productivity and enhanced human development.
  • To improvise the delivery of health care services through standardizing and upgrading health quality.
  • To substantially improve the social mobilization and reduced disparities.
  • To provide access to the rights and entitlements that leads to better livelihood opportunities.
  • To improvise the personal, human, social, environmental and economic development of the villages.
  • To promote healthy lifestyles among the rural community.
  • To create models of local level development and effective local governance that can motivate and inspire neighbouring Gram Panchayats to learn and adapt
  • To sustain the identified Adarsh Grams as schools of local development to train other Gram Panchayats.

Benefits of the Scheme

The following are the fundamental benefits of the SAGY:

  • The main emphasis of this mission was on services addressing children’s and women’s health universal immunization, etc.
  • The programme strives to improve the overall health system through the concerted policy actions in every sector and expand preventive, curative, palliative and rehabilitative services offered throughout the Public It holds every sector with an ultimate view on the quality services.
  • It creates improved management through capacity building.
  • Involvement of community
  • The monitoring progress against the specific standards.
  • Flexible financing process for the optimum fund utilization under the scheme.

The below following are the basic amenities and services provided:

  • Pucca houses for all poor people living in kutcha houses
  • Facilitates with the drinking water, preferably treated piped water with the household taps
  • Internal all-weather roads with the covered drains
  • All-weather roadway connectivity to the main road network
  • Provides electricity connection to all families and street-lights including from alternative sources of energy, especially solar
  • Pucca infrastructure for the public institutions- Anganwadis, schools, health institutions, libraries and Gram Panchayat Office
  • Civic infrastructure like community halls, buildings for the Self Help Groups (SHG ) federations, playgrounds and burial grounds/crematoria
  • Village markets
  • Providing infrastructure for the PDS outlets
  • Micro mini banks/post offices/ATMs
  • Broadband connectivity and Common Service Centres
  • Telecom connectivity
  • CCTVs in public places

Activities under Adarsh Gram 

Adarsh Gram entrusted with the following activities:

Personal Development

The activities that are taken up under Personal Development are as follows:

  • Teaching clean behaviour and practices.
  • Fostering healthy habits that include daily exercise and games
  • Reducing risk behaviour such as alcoholism , smoking, substance abuse, etc.

Human Development

The activities that are taken up under Human Development are as follows:

  • Under the scheme, the universal access to the basic health facilities consisting of health care and medical examination is conducted.
  • Total immunization and also balancing the sex-ratio
  • 100% institutional delivery
  • The scheme improves the nutrition status for all the rural population, with a special focus on children, adolescent girls, women, and lactating mothers.
  • The scheme has a strong focus on the special needs of the Persons with Disability (PWD ), especially the children and women.
  • Universal access to education frames up to Class X and retention
  • The conversion process of schools into ‘smart schools’. The smart schools will have the IT-enabled classrooms, web-based teaching and e-libraries will make all students e-literate needed for providing quality education
  • Adult literacy and E-literacy
  • Village libraries including e-libraries

Social Development

The activities that are taken up under the Social Development are as follows: 

  • Activities for the promotion of voluntarism such as Bharat Nirman Volunteers.
  • Building the capacity of the individuals to fully participate and contribute to the local area development.
  • Activities for honouring village chiefs, local role models like women, freedom fighters and martyrs
  • Activities for crime and violence-free villages such as:
    • Setting up Citizen Committees
    • Sensitization, especially of youth
    • Village sports and folk arts festivals
    • Proactive steps for the inclusion and integration of ethically excluded groups, especially Scheduled Castes and Scheduled Tribes

Economic Development

The activities that are taken up under the Economic Development are as follows:

  • Promoting diversified agricultural and allied livelihoods that also includes livestock and horticulture, through Organic farming.
  • Soil health cards
  • Crop intensification like SRI
  • Setting up of seed banks
  • Collection and value addition to Non-Timber Forest Produce, Livestock development including Gobar Bank, cattle hostel
  • Livestock development including Gobar Bank, cattle hostel
  • Micro-irrigation
  • Agro-service centres
  • Rural industrialization includes the Post-harvest technology application, Micro-enterprises, Dairy development and processing, Food processing and Traditional Industries
  • Skill Development of all qualified youth for the self-employment and placement
  • Village Tourism and eco-tourism
  • All the above activities that focus particularly on lifting households out of poverty, for which organising and federating women Self Help Groups (SHGs), providing employment to all the workers, and bringing about the financial inclusion are very important.

Environmental Development

The activities that are taken up under the Environmental Development are as follows:

  • Accommodating toilets in every house and in all public institutions and ensuring their proper use
  • Appropriate liquid and solid waste management
  • Roadside plantations
  • Tree plantation with respect to the local preferences in homesteads, schools and public institutions that also includes the green walkways
  • Social forestry
  • Watershed management facility especially renovation and revival of traditional water bodies
  • Rainwater harvesting-rooftop as well as others
  • Reducing the local pollution of air, water and land.

Contact E-mail: pmusaanjhi@gov.in

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The Companies (Meetings of Board and its Powers) Rules

The Companies (Meetings of Board and its Powers) Rules

The ‘Companies (Meetings of Board and its Powers) Rules’ were introduced to regularise board meetings of companies . They also serve the purpose of establishing a standardised set of guidelines based on which companies could conduct board meetings. These rules contain provisions relating to the participation of directors in board meetings through video-conferencing, maintenance of minutes of meetings, forms required to be maintained at the registered office of the company, and transactions requiring prior approval by members. Certain additional concepts, such as ‘vigil mechanism’ and ‘omnibus approval’ are also introduced.

On 18 November 2019, the Central Government notified certain changes to these rules through GSR 857(E). The impact of these changes is that certain relaxations have become available to companies making high-value transactions with related parties so that approval by special resolution of members becomes unnecessary. The notification can be accessed here:

Comp2Amndt_18112019

Participation in Board Meeting through Video-conferencing

When a company conducts board meetings through video-conferencing , the following rules should be followed:

  • Video-conferencing is allowed as a means to conduct board meetings only if all directors can hear as well as see each other.
  • If a meeting is conducted for approving financial statements, prospectus, or proposals relating to amalgamation, merger, demerger, acquisition and takeover, attending through video-conference is not permitted.
  • The videos of the meeting should be stored in an Electronic Recording Mechanism (ERM).
  • Other than the directors, no person should have access to the videos of board meetings.
  • Notice mentioning the option to participate through video-conferencing should be sent to the directors of the company one week before the meeting date.
  • A director who is interested in participating through video-conferencing should inform the company before the first meeting is held in the current year.
  • At the time of starting the meeting, the chairperson should take a roll call from every director who is participating asking the following details: Name of the director, his physical location, whether he knows about the agenda for the meeting, and whether any other person is participating in the meeting with him.
  • A minimum of one-third of the total number of directors should be present throughout the meeting.
  • If documents are required to be signed by a director attending the meeting through video-conferencing, he may sign through a representative or use his digital signature.
  • Only those who are attending the meeting should be present in the venue(s) where the meeting is conducted.
  • At the end of the discussion on each agenda, the chairperson of the meeting should announce the decision arrived on that agenda. He should also read out the names of the directors who disagreed with the decisions taken by the majority.

For a further understanding of board meetings and how they should be conducted, click here (https://www.indiafilings.com/learn/notice-of-board-meeting-sample/ ).

Minutes of Meeting

Minutes should be prepared from the videos before completion of the audit for the current financial year (FY). The minutes should mention the names of the directors who participated through video-conferencing. A copy of the minutes should be sent to all the directors within fifteen days of the meeting date. If any director has any suggestions to make on the minutes, he should communicate it to the company within seven days of the date on which he received a copy of the minutes. After suggestions have been received from all the directors, necessary corrections should be made in the minutes. A physical copy of the minutes should be entered in the minutes book and signed by the chairperson.

In case of the following companies, minutes should be approved and signed by the Audit Committee: Listed companies, public companies which have a paid-up capital of ten crore rupees or more, public companies which have a turnover of one hundred crore rupees or more, and public companies which have outstanding borrowings of fifty crore rupees or more.

Omnibus Approval

In case of repetitive transactions requiring approval by the board of directors, an ‘omnibus approval’ can be given. Omnibus approval is an approval given for multiple transactions at the same time. Omnibus approvals are usually given for related party transactions (https://www.indiafilings.com/learn/related-party-transactions/ ). Since all related party transactions require approval from the Audit Committee, omnibus transactions are generally issued only by the Audit Committee. When an omnibus approval is given, the minutes of the meeting should include the following particulars:

  • Maximum aggregate value of transactions proposed to be permitted under the omnibus approval and the maximum aggregate value per transaction
  • Reasons for which the decision was made to opt for omnibus approval
  • Details submitted to the Audit Committee at the time of opting for omnibus approval
  • Periodicity at which the decision to opt for omnibus approval must be reviewed
  • Transactions considered exceptional by the Audit Committee, and thus excluded from the scope of the omnibus approval
  • Repetitiveness of the transactions for which omnibus approval is opted for
  • Name of the related parties, nature of the transactions, and the price at which the transaction is expected to be settled

Omnibus approvals can be made for a maximum period of one financial year. Omnibus approvals cannot be made for selling the company or a substantial part of its assets.

Vigil Mechanism

A ‘vigil mechanism’ is a forum controlled by the Audit Committee of a company, and its purpose is to function as a platform for directors and employees of the company to report their grievances.

In case of the following companies, it is mandatory to form a vigil mechanism: Listed companies , companies which have accepted deposits from the public, and companies which have borrowings in excess of fifty crore rupees from public sector institutions.

A vigil mechanism aims to ensure that the opinions of all directors are heard and that no employee is victimised for trying to highlight irregularities taking place in the company.

In case any director or employee of the company wants direct access to the chairperson of the Audit Committee , the vigil mechanism should allow it if the purpose is reasonable.

Forms to be Maintained at the Registered Office of the Company

The company should maintain the following forms at its registered office (https://www.indiafilings.com/learn/registered-office-company/ ) for at least eight financial years preceding the current financial year. The forms should be in the custody of the company’s company secretary (CS). The prescribed format for these forms can be found here (https://www.mca.gov.in/Ministry/pdf/NCARules_Chapter12.pdf ). The applicability for using these forms is as follows:

  • Form MBP 1

A director should use this form when a company is entering into a transaction with a concern in which the director has an interest.

  • Form MBP 2

All companies which give any loan or guarantee, and all companies which issue or purchase securities, should use this form.

  • Form MBP 3

A company purchasing securities in any name other than its name should use this form.

  • Form MBP 4

A company should use this form in case it is entering into a contract with any of the following:

  • A company in which the director of the first company holds more than 2% of the shareholding
  • A company of which the director of the first company is the promoter, manager or Chief Executive Officer (CEO)
  • A firm in which the director of the first company is a partner, owner or member

Transactions Required to be Approved by Special Resolution

A company can enter into the following transactions only after the members have approved them of the company by passing a special resolution:

  • Making sale or purchase of goods or property for 10% or more of the company’s turnover (until 18.11.2019, it was one hundred crore rupees or 10% of the company’s turnover, whichever is less)
  • Leasing any property for 10% or more of the company’s turnover (until 18.11.2019, it was one hundred crore rupees or 10% of the company’s net worth, whichever is less)
  • Availing any services for 10% or more of the company’s turnover (until 18.11.2019, it was fifty crore rupees or 10% of the company’s net worth, whichever is less)
  • Employing any person for more than two and a half lakh rupees a month
  • Paying underwriting commission of more than 1% of its net worth

To understand the meaning of a special resolution and how it differs from an ordinary resolution, click here (https://www.indiafilings.com/companies-act-2013/ordinary-special-resolutions.php?pageno=2 ).

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Krishi Input Subsidy Scheme

Krishi Input Subsidy Scheme

The Department of Agriculture has launched the Krishi Input Subsidy Scheme for the welfare of farmer in the State of Bihar. Krishi Input Subsidy Scheme provides subsidy against the crops affected due to drought or flood during the month of July or September 2019. In this article, we look at the Krishi Input Subsidy Scheme in detail.

Krishi Input Subsidy Scheme

Krishi Input Subsidy Scheme is mainly developed under the guidance of the Bihar Government. Under this scheme, the Bihar Government provides subsidy to the farmers for the growth and development of agriculture. Krishi Input Subsidy Scheme would include a subsidy for purchase of agricultural equipment, seeds, irrigation facility, transportation, etc.

Features of the Krishi Input Subsidy Scheme

The features of the Krishi Input Subsidy Scheme are given below:

  • Under this scheme, the farmers will get subsidy for a maximum of 2 hectares of land per farmer.
  • The farmers provided with the subsidy for July 2019 flood will not be allowed to claim again for subsidy for the month of September 2019.
  • Only the farmers registered themselves in the Direct Benefit Transfer (DBT) portal of the Agricultural Department can get the benefits under the Krishi Input Subsidy Scheme.
  • The amount of subsidy will be credited directly to the bank account of the registered farmer.

Note: The subsidy amount will be transferred only to the respective bank accounts of the farmer, which are linked with Aadhaar number.

Amount of Subsidy

The subsidy amount will be provided to the farmers affected by the damage of crop during Kharif season or due to low rainfall fallow land will be made at the rate of Rs.6800 per hectare.

  • For unirrigated crops, Rs.6800 per hectare will be paid.
  • For irrigated crops, Rs.13500 per hectare will be paid.
  • For perennial crops, Rs.18000 per hectare will be paid.

Eligibility Criteria

The below following criteria have to be satisfied by the applicant:

  • All categories of farmers who have their own land in the State of Bihar can apply for the scheme.
  • The farmer applicant should not have availed similar benefit previously.

Documents Required

All eligible beneficiaries should possess the following documents.

Online Application Procedure for Krishi Input Subsidy Scheme

To apply for Krishi Input Subsidy Scheme, follow the steps mentioned below:

Step 1: Visit the official DBT agriculture portal of Bihar.

Step 2: Click on “Apply Online” button which is displayed on the homepage of the portal.

Krishi Input Subsidy Scheme - Image 1
Krishi Input Subsidy Scheme – Image 1

Step 3: Select the “Agricultural Input Grant (Krishi Input Subsidy Scheme)” from the dropdown list of various option.

Krishi Input Subsidy Scheme - Image 2
Krishi Input Subsidy Scheme – Image 2

Step 4: On selecting Krishi Input Subsidy Scheme option, applicants will be navigated to a new page as given below. On this page, the applicant has to enter their registration number in the box provided and have to click on the “search” button. Before proceeding further, the applicant has to read all the important instructions given on the same page.

Krishi Input Subsidy Scheme - Image 3
Krishi Input Subsidy Scheme – Image 3

Step 5: Now, the application form will appear, the applicant has to fill the form with various details such as name, age, address, aadhaar number, panchayat, category of the farmer, Date of Birth, Father name, etc.

Krishi Input Subsidy Scheme - Image 4
Krishi Input Subsidy Scheme – Image 4

Step 6: Then the farmers are required to fill details of their land (should be maximum of 2 hectares), farmer type and reason for the damage of crop.

Krishi Input Subsidy Scheme - Image 5
Krishi Input Subsidy Scheme – Image 5

Step 7: Now, the farmers will have to fill the remaining details such as the description of cultivable land in the space provided and then the applicant will have to fill the declaration part and click on “OTP” button.

Krishi Input Subsidy Scheme - Image 6
Krishi Input Subsidy Scheme – Image 6

Step 8: After clicking the “OTP” button, a unique code will be received on the registered mobile number of the farmer, and they have to verify the same.

Step 9: Now, the farmers will have to select the self-declaration form and check whether he or she has uploaded all the necessary documents.

Note: The self-declaration form is provided below for the quick reference.

SelfDeclaration

Step 10: Once the farmer has entered all necessary details, they can submit the application by clicking on the “Submit” button.

Step 11: After submission, application number or reference number will be sent as SMS to the registered mobile number of the applicants for future references.

Processing Fee

The applicant can submit their applications online at free of cost. However, in case of applying through Common Service Center (CSC) or a Vasudha Kendra, they are required to remit a fee of Rs.10 as application fee.

Application Processing 

On successful submission of the applications by the applicant, all these applications will be forwarded to Agriculture Coordinator. The Agriculture Coordinator is supposed to verify the details within 20 days and will either accept the application or reject the application with reason. The application approved will be forwarded to the concerned Agriculture officer. The concerned officer will take a photograph of the farmer with the affected land and will upload it after verification.

Track Application Status

After successful submission of application, the applicant can track the status of the application by following the steps given here:

Step 1: Click on “Application Status” link which is available on the same portal.

Step 2: Select “Agricultural Input Grant” link and enter the valid application number and click the “Proceed” button.

Step 3: Finally, the current status of the application submitted can be viewed.

Note: Also, the farmers will receive SMS on their registered mobile number regarding the same.

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Agricultural Export Policy

Agricultural Export Policy

The Agricultural Export Policy was introduced to increase and provide support to productivity, pre and post-harvest management, value-addition and upgrade technology. The policy was introduced after the stagnant agricultural trade in the international market from 2013-2017. The decline of agricultural commodities reduced GDP and other economic affairs. To make major reforms to the export policy for agriculture, India restructured from the Green Revolution Era and promoted Agricultural Export Policy to diversify the food and non-food agriculture base to emerge as a leading player in the world in agricultural trade. The policy would increase the agricultural exports leading to stable growth in GDP, benefits for farmers , employment in rural areas, quality and scope for value addition and future market potential.

The Agricultural Export Policy shall address the following areas to increase the exports in agriculture:

  • Changes in the food patterns
  • Increasing unstable incomes
  • Shrinking farming area
  • Changing socio-economic, agro-climatic and dietary patterns
  • Transportation and Infrastructure
  • Post-harvest losses
  • Generating employment
  • Minimising the loss in the value chain

Vision of the Policy

To utilise the potential of Indian Agriculture and emerge as a global power in agriculture through a suitable framework and policies.

Objectives of the Policy

The policy has a twin objective to increase the Agriculture export

  • To create a stable trade policy regime
  • To double the agricultural exports to 100 Billion USD by 2022
  • Diversify the export base and increase the high value and value-added agricultural exports
  • Promote ethnic, traditional, organic and non-traditional agri products
  • Create a platform to provide a mechanism for better market access to deal with sanitary and phytosanitary issues
  • To increase India’s share in the world agri exports by integrating with international value chain
  • Create a framework to support farmers to increase benefits and opportunities in the overseas market

Policy Framework

The Agricultural Export Policy recommendations are in two categories, they are:

S. No.

Category

Features

 

 

1

 

 

Strategic

Policy Measures
Support for Infrastructure and Logistics
Holistic Approach to Increase Exports
Involvement of State Governments in Agriculture Exports

 

 

 

 

 

2

 

 

 

 

 

Operational

Focus on Clusters
Promoting Value-Added Exports
Promoting and Marketing ‘Brand India’
Establishing Strong Quality System
Attract Private Investments into Production and Processing
Research and Development
Miscellaneous

Strategic Recommendations

Policy Measures

The Department of Commerce (DoC) shall hold regular discussions with the public and private stakeholders to increase agricultural exports through the agricultural value chain. The DoC shall highlight on the measures to be initiated to gain better access to the international market and the need for increasing the quality of commodities to create a stable and trusted market chain. The DoC will focus on creating policies to attain short term goals to reduce inflation, domestic price and production volatility of certain agricultural products. The measures for the reduction can be implemented by maintaining price stability or imposing Minimum Support Price (MEP) and redirecting resources towards products that provide higher returns.

The Policy aims at:

  • Providing assurance that the processed agricultural products shall not be brought under the export restrictions (MEP, export duty, export bans, export quota,
  •  capping and export permit)
  • Any situation related to extreme pricing or restrictions shall be discussed with the World Trade Organisation (WTO)
  • Liberalisation in the import of agricultural products for value addition and re-export
  • Reform the policy by using the Directorate General of Foreign Trade (DGFT), Export Promotion Councils, Commodity Boards and Industry Associations

Infrastructure and Logistics

To boost the agricultural exports, the Agricultural Export Policy promotes to create a robust infrastructure for developing a strong agricultural value chain. The infrastructure involves the following facilities to increase exports:

  • Pre and post-harvest handling facilities
  • Storage and distribution facilities
  • Processing facilities
  • Roads exit point infrastructure at ports to promote smoother trade
  • Mega Food Parks
  • State-of-the-art testing laboratories and
  • Integrated Cold Chains

Involvement of State Governments in Agri Exports

To increase the export and quality of the production, all the states can make reformation as per the priorities required by the socio-economic, political realities and agricultural nuances. The involvement by the states will extend the support to identify the issue faced by the exporters, organise buyer-seller meet, encourage state-level exporters to participate in international fairs and identify the schemes provided by the State and Central governments to maximise the exports. The Agricultural Export Policy shall also collaborate with State Export policies to include inland and marine fisheries, promoting good agricultural practices, quality assurance system, planning for pre and postharvest infrastructure and food processing industries.

Operational Recommendations

Focus on Clusters

The importance of establishing clusters was emphasised to boost the agricultural and horticultural production in India. The Agricultural Export Policy will focus on the cluster development approach to improve pre and post-harvest management and to upgrade the supply chain to increase production, reach higher levels of export and double the income of the farmers. Through the policy, the central government shall support the State government by providing incentives to increase infrastructure to:

To provide successful implementation of clusters, the policy shall promote Agri Export Zones (AEZ) to enhance value addition and higher exports. Since India has developed Special Economic Zones (SEZ) to create goods at lower prices in Public and Private sectors in specific sectors like IT, Textiles , Pharmaceutical sectors, developing  AEZ can provide opportunities to producing value-added products to certain countries. This can be regulated by the WTO and thus increasing Foreign Direct Investment (FDI) into Agriculture Exports.

Promoting Value-Added Exports

The policy is focused on promoting value-added, indigenous and tribal products as the export has little or no processing or value-added products. To increase the value-added products, research on exportable products with branding shall be implemented. The following  commodities shall be given financial support by the stakeholders to increase the level of exports:

  • Non-forest produce
  • Wild herbs
  • Medicinal plants
  • Extracts
  • Lac and
  • Essential oils
  • Cashew, cashew apple jams and pastes, flavoured cashew

Promoting and Marketing Value-Added Organic Exports

Under the National Programme on Organic Production (NPOP) , livestock, aquaculture and organic textile that has the potential for exports are added to boost the value-added organic exports. Agricultural and Processed Food Products Export Development Authority (APEDA) shall implement the need to increase the export production, product registration and support for buying shelf in the organic sector. APEDA shall act as a nodal organisation for NPOP to implement and enhance organic export products.

Private Investments in Export-Oriented Activities and Infrastructure

Export volumes and the quality of the product can be increased by post-harvest infrastructure. The post-harvest infrastructure will enable a better price realisation and creates a smooth logistical movement of agricultural products. The benefits of post-harvest infrastructure are:

  • Better quality compliance
  • Facilitates smooth logistic handling
  • Expansion to distant markets
  • Cold storage
  • Exit Point Infrastructure

Ease of Doing Business

The policy shall provide support for smooth business operations by digitalising farmer records, geo-mapping of lands, registration of farmers and farm producer organisations, registering land records and linking the land details with Aadhaar. This will help to eradicate misuse of public funds, establishing traceability and promote farmers’ presence in the global market. A dedicated portal such as ‘agri exchange portal’ and `fish exchange portal’ shall be operated by the DoC to enhance market leads at the international market through the Indian Embassy. Manual of Importing Country Requirements (MICOR) will be developed enquire or create requirements for all the major agricultural products to avoid rejection.

The DoC has proposed to create a single portal to provide a facility for single accreditation of labs and prevent different organisations from carrying out accreditation activities separately. It shall also address the issues relating to export market access.

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DNA Technology (Use and Application) Regulation Bill 2019

Grammar – Nil

Plagiarism – 1%

DNA Technology (Use and Application) Regulation Bill 2019

The DNA Technology Regulation Bill seeks to regulate the use and application of DNA technology for the purpose of establishing the identity of specific categories of persons which include offenders, victims, suspects, undertrials, missing individuals and unknown deceased person and related matters.

The bill has the potential of wide application in the justice delivery systems in civil and criminal cases. In case of criminal cases, the bill helps in the investigation of crimes through biological evidence which includes semen evidence in cases of rape, blood evidence in cases of murder cases, saliva evidence in the identification of the source of anonymous threat letters etc. In civil matters, it helps in the investigation related to victims of disasters like air crash, cyclone, etc. It helps in the misuse or improper use of DNA analysis that can harm individuals.

Objectives

  • The bill aims to regulate the laboratories for DNA testing and analysis by providing for their accreditation
  • It helps establish national and regional DNA Data Banks to store and maintain DNA profiles and a DNA Regulatory Board for governance

DNA Regulatory Board

The Board will comprise experts in the field of forensic, biological sciences, and legal matters. It will be headed by a secretary-level officer and will have representatives from various police and investigating agencies.

Functions of the Board

  • Advising governments on issues related to establishing DNA labs and data banks
  • Laying down standards, guidelines, and procedures for the functioning of the labs and banks
  • Granting accreditation to DNA labs
  • Assisting investigation agencies in the country and outside in criminal matters
  • Making recommendations for privacy protection in access, use and analysis of DNA samples

No court will have jurisdiction to entertain a proceeding or suit in matters where the Board is empowered.

DNA Data Bank

The bill provides details to establish a National DNA Data bank and Regional Data Bank for each state or two or more states. The laboratories will have to share DNA data prepared by them with the National and Regional DNA Data Banks. The bank will have to maintain indices for data which includes a crime scene index, a missing suspects’ index, an offenders index, a missing person’s index and an unknown deceased persons’ index.

DNA Laboratories

A laboratory taking DNA testing will need to obtain accreditation from the Board. The board can revoke accreditation for reasons including failure to:

  • Undertake DNA testing
  • Comply with conditions attached to the accreditation

Every laboratory should follow standards for quality assurance in case of collection, storing and analysis of DNA samples. After depositing the profile for criminal cases, the laboratory will have to return the sample to the investing officer. In other cases, the sample should be destroyed.

Collection of DNA

When preparing a DNA profile, bodily substances of persons can be collected by investigating authorities. It is essential to obtain consent for collection in specific situations. In the case of arrested individuals , authorities will be required to obtain written consent if the offense carries a punishment of up to seven years. For more than seven years of imprisonment or death, consent is not necessary. Additionally, if the individual is a victim or a relative of a missing person, or a minor or disabled person, the authorities will have to obtain written consent of the victim, or parent, or relative, or guardian of the small or disabled individual. When consent is not provided, the authorities can approach a Magistrate who can order taking the bodily substances of such individuals.

Use of DNA Data

As per the bill, DNA testing is allowed only in case of a few matters that are listed in the Schedule to the Bill. It includes offenses under Indian Penal Code, 1960 and civil matters like paternity suits. The schedule also includes DNA testing for matters which are related to the establishment of individual identity. DNA testing is allowed to facilitate the identification of a person in connection with matters that are listed in the Schedule of the Bill like (a) criminal offenses under the Indian Penal Code where DNA testing is useful for investigating offenses, (b) offenses in special laws relating to immoral trafficking, sex selection, medical termination of pregnancy, civil rights violation, domestic violence and atrocities against ST and SC , (c) civil matters like pedigree issues, paternal disputes, transplantation of human organs, assisted reproductive technologies, immigration/emigration and establishment of individual identity, and (d) cases like identifying unidentified human remains and abandoned children, medical negligence etc.

Protection of Information

The Board ensure that the information relating to DNA profiles, DNA samples and any records thereof, forwarded to, or in custody of, the National DNA Data Bank or the Regional DNA Data Bank or a DNA laboratory or any other person or authority under this Act, are secured and kept confidential.

Removal of Profile

The bill allows the removal of DNA profile through a written request for an individual who is neither a suspect or an offender but whose DNA profile is entered in the crime scene index of the Data Bank.

Offenses

For offenses like unauthorised disclosure, obtaining, use and access of DNA samples or results, there will be imprisonment up to three years and a fine up to Rs.1 lakh. Destruction, contamination, alteration or tampering with biological evidence will lead to five years of imprisonment and a fine up to Rs.2 lakh.

The exact release from the Government of India can be accessed below:

The DNA Technology (Use and Application) Regulation Bill 2019.pdf

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