DAILY CURRENT AFFAIRS (21 MAY 2024)

by | May 21, 2024

LAW AND GOVERNANCE

SUPREME COURT ON SEZ DEEMED LICENSEE STATUS

M/s Sundew Properties Limited v. Telangana State Electricity Regulatory Commission & Anr

The Supreme Court ruled that SEZ developers must apply for deemed distribution licensee status in accordance with the 2013 Regulations. The court invalidated the Telangana State Electricity Regulatory Commission’s (TSERC) pre-condition requiring additional capital infusion, stating it was contrary to the statutory scheme.

Legal Provisions:

  • Special Economic Zones (SEZ) Act, 2005: Defines the role and status of SEZ developers.
  • Electricity Act, 2003:
    • Section 14(b): Provides the conditions under which an entity can be deemed a distribution licensee.
  • Ministry of Commerce and Industry Notification, 2010: Introduced proviso to Section 14(b), granting deemed distribution licensee status to SEZ developers.
  • Distribution of Electricity Licence (Additional Requirements of Capital Adequacy, Creditworthiness and Code of Conduct) Rules, 2005: Outlines financial and conduct requirements for distribution licensees.
  • Andhra Pradesh Electricity Regulatory Commission (Distribution Licence) Regulations, 2013:
    • Regulation 12: Applies to general distribution license applicants.
    • Regulation 13: Applies to deemed distribution licensees.

Legal Framework:

  • SEZ developers must apply for deemed distribution licensee status per the 2013 Regulations.
  • TSERC’s condition for additional capital infusion was deemed contrary to the statutory scheme.
  • Distinction between regular distribution licensees and deemed distribution licensees was emphasized.
  • Regulation 12 applies to general applicants, while Regulation 13 applies to deemed licensees.

 

SourceSupreme Court of India 

HEARING MANDATORY FOR VEHICLE CONFISCATION UNDER NDPS ACT

Pukhraj v. State of Rajasthan

The Supreme Court held that confiscation orders under the NDPS Act are illegal if issued without hearing the vehicle’s owner, as mandated by Section 63. The court emphasized the necessity of allowing the owner to be heard before finalizing any confiscation.

Legal Provisions:

  • Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act):
    • Section 63: Details the procedure for confiscation of vehicles or articles, requiring a one-month waiting period and the right to a hearing for any claimant.

Legal Framework:

  • Confiscation orders under the NDPS Act must adhere to Section 63 requirements.
  • The owner of the vehicle must be given a hearing before the final confiscation order.
  • The Supreme Court emphasized procedural fairness and the right to be heard as crucial elements in confiscation cases.

 

Source- Supreme Court of India 

INSULT UNDER SC/ST ACT MUST BE IN PUBLIC VIEW

PRITI AGARWALLA AND OTHERS v. THE STATE OF GNCT OF DELHI AND OTHERS

The Supreme Court ruled that insults under the SC/ST Act must occur within public view to be considered offenses. The court highlighted the requirement for judicial discretion in ordering FIRs, ensuring the allegations meet the necessary legal standards.

Legal Provisions:

  • Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989:
    • Section 3(1)(r): Penalizes intentional insults or intimidation intended to humiliate a member of a Scheduled Caste or Tribe in any place within public view.
  • Criminal Procedure Code (CrPC):
    • Section 156(3): Empowers a Magistrate to order the police to investigate an offense.

Legal Framework:

  • Allegations under the SC/ST Act must satisfy the requirement of occurring within public view to qualify as offenses.
  • Vague allegations that do not meet this criterion cannot warrant FIR registration or investigation.
  • The Magistrate must exercise judicial discretion under Section 156(3) of the CrPC, ensuring that complaints meet the necessary legal standards before directing police action.

 

Source- Supreme Court of India 

GOVERNMENT SCHEME

INSTITUTIONAL SUPPORT FOR DEVELOPMENT AND MARKETING OF TRIBAL PRODUCTS/PRODUCE

(Ministry of Tribal Affairs)

Objectives:
To enhance the livelihoods of tribal communities by supporting the entire production and marketing cycle, preserving traditional practices, and ensuring fair market access and pricing.

Benefits:

  • Facilitates fair pricing and procurement of tribal products.
  • Provides training for skill improvement and quality enhancement.
  • Promotes R&D for innovative product development and efficient processes.
  • Develops supply chain infrastructure, including warehouses and processing units.

Criteria:
Eligibility extends to TRIFED, State Tribal Development Cooperative Corporations, State Forest Development Corporations, Minor Forest Produce Federations, and other institutions focused on product development, marketing, and support services.

SCHOLARSHIP SCHEME FOR ST STUDENTS IN CLASS 9TH AND 10TH

(Ministry of Tribal Affairs)

Objectives:
To minimize dropout rates among Scheduled Tribe students during the critical transition from elementary to secondary education, thereby enhancing their opportunities for further studies.

Benefits:

  • Provides a monthly scholarship of ₹225 for day scholars and ₹525 for hostellers, for up to 10 months.
  • Annual grants for books: ₹750 for day scholars and ₹1000 for hostellers.
  • Additional allowances for students with disabilities.

Criteria:

  • Must be a Scheduled Tribe student enrolled in a government or recognized school.
  • Family income should not exceed ₹2,50,000 per annum.
  • Must have a bank account linked with Aadhaar and a mobile number.
  • Scholarships are not available for repeating a class; renewal is possible upon promotion to the next class.

SOURCEmyScheme

ALSO READDAILY CURRENT AFFAIRS (20 MAY 2024)

 

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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