In this blog, we discuss some common issues in urban local governance in India, in the context of Bengaluru’s municipal administration. Further, the MP Ordinance explicitly provides for punishment (as specified in Table 2) for the concealment of religion for the purpose of marriage. What is the eligibility criteria and what is the process of appointment of CIC/IC? The DM will publicly exhibit a copy of the declaration (till the conversion is confirmed) and record any objections to the conversion. 4.Diluting Whisleblower’s Protection Act Over the years, several states have enacted ‘Freedom of Religion’ legislation to restrict religious conversions carried out by force, fraud, or inducements. Upon receiving the declarations, the DMs in UP are further required to conduct a police enquiry into the intention, purpose, and cause of the proposed conversion. The Constitution (74th Amendment) Act, 1992 empowered states to devolve the responsibility of 18 functions including urban planning, regulation of land use, water supply, and slum upgradation to ULBs. [3] The Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner, Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019, http://egazette.nic.in/WriteReadData/2019/213438.pdf. State Information Commission Notes for UPSC Civil Services (IAS) Exam. Additionally, the Himachal Pradesh (2019) and Uttarakhand legislations also declare a marriage to be void if it was done for the sole purpose of unlawful conversion, or vice-versa. The tenure of CIC is 5 years and an MP/MLA can't become a CIC or IC. Section 12(3) of the RTI Act 2005 provides as follows. All are appointed by the President. The general superintendence, direction and management of affairs of Commission are vested in Chief Information Commissioner who is assisted by Information Commissioners. 2,50,000 and Rs. Experts have noted that municipal administration in India suffers from staffing issues which leads to a failure in delivering basic urban services. This leads to a dependence on transfers by the state and central government. The Mayor is responsible for approving contracts and preparing the budget estimate for the Corporation. These Ordinances seek to regulate religious conversions and prohibit certain types of religious conversions (including through marriages). Certain common issues in urban local governance in India, with provisions related to them in the BBMP Act, 2020 are given below. These are: (i) Odisha (, ). Experts have recommended that the central government and the respective state government should provide additional funds and facilitate additional funding mechanisms for ULBs to strengthen their finances. We discuss key features of these ordinances below. CIC was established in 2005 by Central Government under provisions of Right to Information (RTI) Act (2005). First, if there are multiple agencies performing similar functions, it could, ULBs in states like Uttar Pradesh, Uttarakhand, Bihar, Jharkhand, Rajasthan, and Haryana are in, The executive power with state-appointed municipal Commissioners and elected municipal officers differs across states. BBMP was established under the Karnataka Municipal Corporation Act, 1976 (KMC Act). The CIC and ICs (at the central and state level) will hold office for a term of three years. Non-Banking Financial Company – Factors (NBFC-Factors): this type of NBFC has a principal business of factoring. For example, in Bengaluru, the Bengaluru Development Authority is responsible for land regulation and the Karnataka Slum Clearance Board is responsible for slum rehabilitation. States like, The Expert Committee on Urban Infrastructure (2011) has. This led the state government to promulgate the recent Ordinance in 2020. Today, Insights is synonymous with UPSC civil services exam preparation. CICs and ICs (at the state level) shall receive a pay of Rs. Following UP, the MP government also decided to promulgate an Ordinance in January 2021 to regulate religious conversions. For UPSC 2021 Preparation, follow BYJU'S. However, in UP, the religious convertors are required to notify one month in advance, whereas in MP, the priests or organisers are also required to notify 60 days in advance. The salary of the CIC and ICs (at the central level) will be equivalent to the salary paid to the Chief Election Commissioner and Election Commissioners (Rs 2,50,000 per month). However, the Tamil Nadu legislation was, in 2006 (after protests by Christian minorities), while in case of Rajasthan, the bills did not receive the. However, under the MP Ordinance, each repeat offence will attract punishment of a fine, and imprisonment between five and 10 years. They hold office till the age of 65 or 5 years. They are not eligible for reappointment. These include overstaffing of untrained manpower, shortage of qualified technical staff and managerial supervisors, and unwillingness to innovate in methods for service delivery. Read more about _____ Check out Current affairs, spectrum history, indian polity and other subjects for UPSC/IAS and UPPCS. The Chief Information Commissioner and Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of. About Central Information Commission (CIC) The CIC has been constituted in 2005 under the Right to Information Act, 2005. This blog post looks at existing anti-conversion laws in the country and compares the latest UP and MP Ordinances with these laws. CIC Annual Report tabled in Lok Sabha. To date, there has been no central legislation restricting or regulating religious conversions. This led the state government to promulgate the recent Ordinance in 2020. What is the term of office and other service conditions of CIC? The Constitution guarantees the freedom to profess, propagate, and practise religion, and allows all religious sections to manage their own affairs in matters of religion; subject to public order, morality, and health. The Bill proposes that the tenure of the CICs and ICs should depend on the Central Government. The Right to Information Rules, 2019 were notified on October 24, 2019. The Central Information Commission (CIC) set up under the Right to Information Act is the authorised body, established in 2005. CVC was set up based on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance. , are also planning to introduce a similar law. Indian ULBs are amongst the weakest in the world in terms of fiscal autonomy and have limited effective devolution of revenue. The CIC and ICs (at the central and state level) will hold office for a term of five years. What is the term of office and other service conditions of CIC? The Constitution (74th Amendment) Act, 1992 provided for the establishment of urban local bodies (ULBs) (including municipal corporations) as institutions of local self-government. Section 13(5)(b) of the RTI Act 2005 provides that the salaries and allowances payable to and other terms and conditions of service of an Information Commissioner shall be the same as that of an Election Commissioner. Municipal revenue in India accounts for only one percent of the GDP (2017-18). Later, Sinha administered the oath of office to journalist Uday Mahurkar, former Labour Secretary Heera Lal Samariya and former Deputy Comptroller and Auditor General Saroj Punhani as Information Commissioners. The RTI Act, 2005 specified the tenure, terms of service and salaries. Later, Sinha administered the oath of office to journalist Uday Mahurkar, former Labour Secretary Heera Lal Samariya and former Deputy Comptroller and Auditor General Saroj Punhani as Information Commissioners. Under the MP Ordinance, only the registration of such organisations is liable to be cancelled. [2] Right to Information (Amendment Act), 2019, file:///C:/Users/Dell/Downloads/The%20Right%20to%20Information%20(Amendment)%20Bill,%202019%20Text.pdf. Salary The salary of the CIC and ICs (at the central level) will be equivalent to the salary paid to the Chief Election Commissioner and Election Commissioners ( Rs 2,50,000 per month ) Procedure for conversion: Both the Ordinances require: (i) persons wishing to convert to a different religion, and (ii) persons supervising the conversion (religious convertors in UP, and religious priests or persons organising a conversion in MP) to submit an advance declaration of the proposed religious conversion to the District Magistrate (DM). Provisions of The Proposed Bill: Tenure of CIC and IC: The Chief Information Commissioner (CIC) and Information Commissioner (ICs) have a tenure of five years. A CAG report (2020) looking at the implementation of the Constitution (74th Amendment) Act, 1992 in Karnataka has observed that the power to assess municipal staff requirements, recruiting such staff, and determining their pay, transfer and promotion vests with the state government. Upon receiving the declarations, the DMs in UP are further required to conduct a police enquiry into the intention, purpose, and cause of the proposed conversion. ... Today, Insights is synonymous with UPSC civil services exam preparation. Several taxation powers have also not been devolved to these bodies, leading to stressed municipal finances. The MP Ordinance replaces the MP Dharma Swatantra Adhiniyam, 1968, which previously regulated religious conversions in the state. If any of the above three offences are committed by an organisation, under the UP Ordinance, the registration of the organisation is liable to be cancelled and grants or financial aid from the state government is liable to be discontinued. However, both Ordinances exclude re-conversion to immediate previous religion (in UP), and parental religion (in MP) from this definition. The current law gives Information Commissioners a tenure of five years and salaries which match those of Election Commissioners. The tenure of CIC is The Leader of Opposition in the Lok Sabha. Mains Question: How is Chief Information Commissioner (CIC) appointed to the office of Chief Information Commission? Under the BBMP Act, 2020, both the elected Mayor and the state-appointed Chief Commissioner exercise several executive functions. Experts have also recommended that the municipality should be responsible for providing civic amenities in its jurisdiction and if a parastatal exercises a civic function, it should be accountable to the municipality. In November 2019, citing rising incidents of forced/fraudulent religious conversions, the Uttar Pradesh Law Commission. Further, the Ordinances assign the burden of proof of the lawfulness of religious conversion to: (i) the persons causing or facilitating such conversions, in UP, and (ii) the person accused of causing unlawful conversion, in MP. Non-Banking Financial Company – Factors (NBFC-Factors): this type of NBFC has a principal business of factoring. Experts have noted that charging Commissioners with executive power diluted the role of the Mayor and violated the spirit of self-governance. enacting a new law to regulate religious conversions. However, it is to be noted that, since 1954, on multiple occasions, Private Member Bills have been introduced in (but never approved by) the Parliament, to regulate religious conversions. Right to inheritance and maintenance: The MP Ordinance additionally provides certain safeguards for women and children. Aspirants can go through the following links that are relevant for their preparation of UPSC exams- ... Today, Insights is synonymous with UPSC civil services exam preparation. History. Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964. Role of … Recently, the Karnataka legislature passed the Bruhat Bengaluru Mahanagara Palike (BBMP) Bill, 2020. Powers of CIC. Also, all offences under both Ordinances are cognisable and non-bailable. In November 2019, citing rising incidents of forced/fraudulent religious conversions, the Uttar Pradesh Law Commission recommended enacting a new law to regulate religious conversions. Chief Information Commission (CIC) Under the provision of Section-12 of RTI Act, 2005 the Central Government shall, by notification in the Official Gazette, constitute a body to be known as the Central Information Commission.. Under the RTI Act, 2005, Public Authorities are required to make disclosures on various aspects of their structure and functioning. The Right to Information (Amendment) Act, 2019 amended the Right to Information Act, 2005. Provisions of The Proposed Bill: Tenure of CIC and IC: The Chief Information Commissioner (CIC) and Information Commissioner (ICs) have a tenure of five years. What is the term of office and other service conditions of IC? For instance, the finances of Bihar’s ULBs were assessed to be poor because of: (i) delays in release of grants, (ii) inadequate devolution of funds, and (iii) delays in revision of tax rates and assessments of landholdings. The converted individual must then appear before the DM to establish his/her identity, within 21 days of sending the declaration, and confirm the contents of the declaration. Provided that the tenure of the loan not to be less than 24 months there is No Prepayment Penalty unless loan amounts happen to be in excess of ₹15,000. Salary of CIC and … Continue reading "AMENDMENT TO RIGHT TO INFORMATION … It considers children born out of a marriage involving unlawful religious conversion as legitimate and provides for them to have the right to property of only the father (as per the law governing the inheritance of the father). Tenure of UPSC Member B S Bassi has ended. They also prohibit a person from abetting, convincing, and conspiring to such conversions. This is unlike large metropolitan cities in other countries like New York and London, where elected Mayors are designated as executive heads. To date, there has been no central legislation restricting or regulating religious conversions. All the states have constituted the State Information Commissions through Official Gazette Notifications. A CIC and Information Commissioner are appointed for a tenure of five years or till they attain the age of 65 years. The executive power with state-appointed municipal Commissioners and elected municipal officers differs across states. The MP and UP Ordinances define conversion as renouncing one’s existing religion and adopting another religion. Further, the states of Tamil Nadu (2002) and Rajasthan (2006 and 2008) had also passed similar legislation. This includes: (i) disclosure on their organisation, functions, and structure, (ii) powers and duties of its officers and employees, and (iii) financial information. Prohibition on conversions: Both, the UP and MP Ordinances prohibit conversion of religion through means, such as: (i) force, misrepresentation, undue influence, and allurement, or (ii) fraud, or (iii) marriage. This has been attributed to limited powers to raise revenue and levy taxes, and problems in the management of existing resources. In comparison, Karnataka ranks high among Indian states in key indicators for fiscal capacity like collection of property taxes, grants from Central Finance Commissions, and state government transfers. Context- Government introduces Bill to amend the RTI Act. The CIC-Chief Information Commissioner and IC-Information Commissioner currently hold tenure of 5 years and their perks are similar to that of the Chief Election Commissioners as defined in Right to Information Act, 2005. They also prohibit a person from abetting, convincing, and conspiring to such conversions. However, in UP, the religious convertors are required to notify one month in advance, whereas in MP, the priests or organisers are also required to notify 60 days in advance. The 11-member Commission, the highest appeal body available to applicants seeking information under the RTI Act, is currently operating with only three members in the wake of multiple retirements. However, it is to be noted that, since 1954, on multiple occasions, Private Member Bills have been introduced in (but never approved by) the Parliament, to regulate religious conversions. Both the Ordinances also prescribe varying punishments for violation of any procedure prescribed by them, as specified in Table 2. The Central Information Commission tabled its annual report for the year 2018-19 in Lok Sabha on 20th November, 2019. The jurisdiction of the Commission extends over all Central Public Authorities. On November 27, 2020, the Uttar Pradesh (UP) Prohibition of Unlawful Conversion of Religion, , 2020 was promulgated by the state government. Functional overlap with parastatals for key functions. Table 1: Punishments prescribed under the UP and MP Ordinances for offences by individuals for causing/facilitating the conversion, Mass conversion (conversion of two or more persons at the same time), Conversion of a minor, woman, or person belonging to SC or ST. The comparison table has also been revised accordingly. Further, the Ordinance provides for maintenance to be given to: (i) a woman whose marriage is deemed unlawful under the Ordinance, and (ii) her children born out of such a marriage. The same report was also tabled in Rajya Sabha on 21st November, 2019. The State Information Commission is a quasi judicial body. Further, the Ordinances assign the burden of proof of the lawfulness of religious conversion to: (i) the persons causing or facilitating such conversions, in UP, and (ii) the person accused of causing unlawful conversion, in MP. The Right to Information (Amendment) Act, 2019 amended the Right to Information Act, 2005. Similarly, the MP Ordinance declares a marriage null and void, if: (i) it was done with an intent to convert a person, and (ii) the conversion took place through any of the prohibited means specified under the Ordinance.

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