Important Legislation passed in 2022 – Legal Bites Year Update
There have been a number of significant pieces of legislation passed in 2022. Let’s take a look at the Important Legislation passed in 2022.
Important Legislation passed in 2022 – Legal Bites Year Update
The Criminal Procedure (Identification) Act, 2022
This came into force after being passed by the Parliament on 18th April 2022. It replaced the Identification of Prisoners Act, 1920, a colonial-era law, the current act authorizes police officers to take measurements of people convicted, arrested, or facing trial in criminal cases. It also provides for legal sanction to the police to enable them to take physical and biological samples of convicts and accused persons of crimes. The type of data that can be collected is finger impressions, footprint impressions, palm-print impressions, iris and retina scans, photographs, physical, and biological samples and their analysis, and behavioural Attributes, including signatures, handwriting or any other examination.
Any person convicted, arrested or detained under any preventive detention law will be required to provide “measurements” to a police officer or a prison official under the present criminal procedure (identification) act, 2022. Under the new law, the National Crime Records Bureau (NCRB) will have the power to store, preserve, share with any law enforcement agency and destroy the record of measurements at a national level. The records can be stored for up to a period of 75 years. It will help to ensure the unique identification of those involved with crime and help to investigate agencies to solve cases.
The records will be preserved for 75 years, the other concerns include the means by which the data collected will be preserved, shared, disseminated, and destroyed. This collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS). CCTNS is a planning scheme conceived in the light of the experience of a non-plan scheme namely – the Common Integrated Police Application (CIPA).
The Chartered Accountants, The Cost and Works Accountants and The Company Secretaries (Amendment) Act, 2022
Some of the important provisions included in the Act talk about the change in the composition of the Board of Discipline or the Disciplinary Committee, which includes fixation of the timelines for various disciplinary processes undertaken by the committee, it also talks about the formation of a Coordination Committee in the 3 professional institutes (the Institute of Chartered Accountants of India (ICAI), Institute of Company Secretaries of India (ICSI) & Institute of Cost and Management Accountants of India (ICMAI)) and the power to take actions against professional firms.
It can be said that a number of the provisions of the Act, including the power to take actions against professional firms, duration of the Council term, enhanced penalty for falsely claiming to be a member, maintenance of Register of Professional/ CA Firms, etc. were earlier recommended by the Institute of Chartered Accountants of India only. Moreover, the 2022 Act, didn’t introduce any amendments for creating ‘Indian Institute of Accountants (IIA)’, which was proposed by the Report of the Standing Committee on Finance.
The Indian Antarctic Act, 2022
The President gave assent on 8th August 2022 for this Act. The Reason for introducing this Act was that India signed the Protocol on Environmental Protection to the Antarctic Treaty on the 14th day of January 1998 and ratified the Convention on the Conservation of Antarctic Marine Living Resources on the 17th day of June 1985, this called for dedicated legislation for the protection of Antarctic.
The key objective of the Act is that no person in an Indian expedition can enter or remain in Antarctica without a permit or the written authorisation of another Party to the Protocol.
The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Act, 2022
The President gave assent to the act on 8th August 2022. The act emphasizes the prohibition of financing of any activity in relation to weapons of mass destruction and the aim is to empower the authorities to act against financiers of such activities. The need to introduce this Act is that it seeks to bring amendments to the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. The 2022 Act also introduces integrated legal measures to exercise controls upon the export of materials, equipment and technologies in relation to weapons of mass destruction along with their delivery systems and aims for the prevention of their transfers to non-State actors and terrorists.
Moreover, the introduced new provisions are also essential to meet international obligations which are imposed upon India by United Nations Security Council (UNSC). The UNSC targeted the imposition of financial sanctions. The recommendations of the Financial Action Task Force (FATF) mandated the introduction of provisions against the financing of the proliferation of weapons of mass destruction along with their delivery systems.
The Delhi Municipal Corporation (Amendment) Act, 2022
This act of Parliament received the assent of the President on the 18th of April 2022. Among other things, this Act was introduced to amend the Delhi Municipal Corporation Act, of 1957. The Act amalgamated the North Delhi Municipal Corporation, the South Delhi Municipal Corporation and the East Delhi Municipal Corporation to become part of the Municipal Corporation of Delhi, all their properties will vest in the Municipal Corporation of Delhi.
The Finance Act, 2022
This Act of Parliament received the assent of the President on the 30th March 2022 to give effect to the financial proposals of the Central Government for the financial year 2022-2023. The act’s number of amendments including the amendment to the definition of ‘books of account’, an amendment to the definition of Slump Sale, Tax incentives to IFSC, rationalisation of the provisions of Charitable Trust and Institutions, clarification that disallowance u/s 14A shall be made even if no exempt income is earned during the year. exemption of amount received for medical treatment and on account of death due to Covid-19 (17(2), 56(2)(x)), clarification on the allowability of expenditure u/s 37(1) for Pharma Cos. & for the offence under foreign law, Clarification that ‘Cess’ & ‘Surcharge’ is nothing but tax and needs to be disallowed u/s 40, Reduction of Goodwill from Block of Assets to be Regarded as ‘Transfer’ (sections 43, 50), introduced clarification u/s 43B – Deduction not allowable on the conversion of interest liability into other debt instruments
The Family Courts (Amendment) Act, 2022
This act] of Parliament received the assent of the President on the 12th August, 2022, it aims to only insert section 3A, which aims at establishing family Courts in the State of Himachal Pradesh with effect from the 15th February, 2019 and in the State of Nagaland with effect from the 12th September, 2008.
The Central Universities (Amendment) Act, 2022
This act of Parliament received the assent of the President on the 16th August, 2022. It amends the Central Universities Act, 2009, which provides for establishing central universities in various states. It also seeks to convert the National Rail and Transportation Institute at Vadodara into the Gati Shakti Vishwavidyalaya which will be a central university.
The Haryana Good Conduct Prisoners (Temporary Release) Act, 2022
This Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 31st March, 2022. It was passed to provide for the temporary release of prisoners for good conduct on certain conditions and will be applicable to all such convicted prisoners who have been confined by the orders of Courts having jurisdiction in Haryana. Under the Act, the competent authority shall grant regular parole to a convicted prisoner subject to such conditions and procedures.
The Madhya Pradesh Finance Act, 2022
This Act of the Legislature of the State of Madhya Pradesh received the assent of the Governor of Madhya Pradesh on the 31st of March 2022. This act amends the Prabandhan Adhiniyam, 2005 and the Madhya Pradesh High-Speed Diesel Upkar Adhiniyam, 2018.
National Law University, Tripura Act, 2022
Came into force on 18th April, 2022 for the establishment and setting up of National Law University, Tripura.
Special Economic Zones (Third Amendment) Rules, 2022
These rules came into force on, the 14th of July 2022. Insertion of rule 43A took place, which allows certain employees of the unit to work from home or from any place outside the Special Economic Zone under the sub-rule (2), this includes the employees of the Information Technology and Information Technology enabled Services Special Economic Zone units; employees who are temporarily incapacitated, employees who are travelling; and employees who are working offsite.
Indian Railways (Open Lines) General (First Amendment) Rules, 2022
These rules came into force on 8th March, 2022. Under rule 4.35. (Starting of trains) a Loco Pilot is being prohibited start his train from a station without the authority to proceed. Before starting the train, he has to satisfy himself that all correct fixed signals and hand signals are given and the line before him is clear of visible obstructions and furthermore, the Guard has given the signal to start and the guard shall see, before giving the starting signal, that all is right for the train to proceed.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) amendment rules, 2022
These rules came into force on 28th October, 2022, and inserted of Rule 3A which talks about Appeal to Grievance Appellate Committee(s), and its establishment, which should consist of a chairperson and two whole time members appointed by the Central Government, of which one be a member ex-officio and two be independent members. The purpose of this committee will be that any person aggrieved by a decision of the Grievance Officer may prefer an appeal to the it within a period of thirty days from the date of receipt of communication from the Grievance Officer.
Special economic zones (Fourth Amendment) Rules, 2022
These rules came into force on 3rd October 2022 and inserted 29A which is the Procedure of import or export or procurement from or supply to the Domestic Tariff Area of aircraft by a Unit in the International Financial Services Centre.
Special Economic Zones (Fifth Amendment) Rules, 2022
This rule came into force on 8th December 2022. Amendment of rule 43A took place, stipulating that the work-from-home provision shall only be applicable up to the 31st December 2023, and made other amendments to the same rule 43A.
Indian Railways (Open lines) General (Second Amendment) Rules, 2022
This rule came into force on the 26th July, 2022 and seeks to amend the Indian Railways (Open Lines) General Rules, 1976, wherein a substitution is made in rule 4.08 (1) (a), that Every train shall be run on each section of the railway within the limits of speed sanctioned for that section by special instructions.
Special Economic Zones (Second Amendment) Rules, 2022
This rule came into force on 6th July, 2022 and inserted rule 19A, which talks about Unit deemed to be in International Financial Services Centre and its explanation.
Micro, Small and Medium Enterprises (Amendment) Rules, 2022
This rule came into force on 19th January, 2022, and seeks to amend the Micro, Small and Medium Enterprises Fund Rules, 2016. The rule inserts rule 6(5).
The Karnataka Protection of Interest of Depositors in Financial Establishments (Amendment) Ordinance, 2022
This ordinance was promulgated by the Governor of Karnataka in the Karnataka Gazette Extraordinary on the 04th day of May 2022. Its aim was to amend the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (Karnataka Act 30 of 2005). The ordinance inserts section 9A, which makes the offence under this act cognizable and non-bailable, and amends section 10.
The Karnataka Municipalities (Amendment) Ordinance, 2022
Promulgated by the Governor of Karnataka, and published the Karnataka Gazette Extra-ordinary on the 18th day of May, 2022. Aims to amend the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) by omitting section 387.
Uttar Pradesh Private Universities (Amendment) Ordinance, 2022
This ordinance came to amend the Uttar Pradesh Private Universities Act, 2019, amended Schedule 1 and Schedule 2 of U.P. Act no. 12 of 2019 (entry 15), when the State Legislature was not in session.
Aadhaar (Enrolment and Update) (Ninth Amendment) Regulations, 2022
This regulation will come into force on 1st January, 2023 to amend the Aadhaar (Enrolment and Update) Regulations, 2016: Amendment of Regulation 28(1) (e), amendment of Regulation 29 (1), and amendment of Regulation 30 (1).
Aadhaar (Enrolment and Update) (Tenth Amendment) Regulations, 2022
This regulation came into force on 9th November, 2022 to amend the Aadhaar (Enrolment and Update) Regulations, 2016: Amendment of Regulation 16, Insertion of new Regulation 16A (Update of Documents).
Aadhaar (Authentication and Offline Verification) (First Amendment) Regulations, 2022
The regulation came into force on 4th February, 2022 and made the insertion of following new Regulations:
Regulation 2(1)(ab) -“Aadhaar Letter” means a document for conveying the Aadhaar number to a resident”
Regulation 2(1)(bd) – “Aadhaar PVC Card” means a Polyvinyl Chloride Card (PVC), issued by the Authority upon payment of prescribed charges, which has an Aadhaar number, demographic information and photograph of an Aadhaar number holder printed on it along with Aadhaar Secure QR code and is equivalent to paper-based Aadhaar Letter.
Regulation 2(1)(ib) -“Digital signature” means digital signature as defined in Section 2(1)(p) of the Information Technology Act, 2000
Regulation 2(1)(ic) – “e-Aadhaar” means a password-protected electronic copy of the Aadhaar letter, which is digitally signed by the Authority and can be downloaded from the official website or mobile application of the Authority.
Regulation 2(1)(la) – mAadhaar” means the official mobile application developed by the Authority to provide an interface to Aadhaar Number holders to carry their Aadhaar details as registered with CIDR which inter alia includes Aadhaar number along with demographic information and photograph of the Aadhaar number holder.
Regulation 16B – Manner of voluntary use of Aadhaar number.
Regulation 16C – Conditions for accepting an Aadhaar number as proof of identity of the Aadhaar number holder.
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