Tribunals & Quasi-Judicial Bodies

New Notary Portal Unveiled by Ministry of Law & Justice

Context: Ministry of Law & Justice has unveiled the new Notary Portal. The portal will provide a paperless, faceless and efficient system for managing Central Notraries. Notaries are regulated by the Department of Legal Affairs.

About the Notary Portal

The Notary Portal has been created by Department of Legal Affairs under Ministry of Law & Justice in associated with NIC.
The portal has a module-based design which will be rolled out in phases.
Phase I: In the first stage, module relating to issue of Certificate of Practice to the provisionally selected Notaries has been launched.
Modules relating to renewal of Certificate of Practice and submission of Annual Returns will be launched in due course.

Benefits of the Notary Portal

Notary Portal provides an online interface between notaries and Government for various services like submission of applications for appointment as notaries, issuance and renewal of certificates of practice, change of practice area, submission of annual returns etc.
Through the portal, Central Notaries will be able submit applications/requests through the portal and monitor its progress. Thus, doing away with the need for physical submissions.
The portal will result in following benefits:
- System of selection and appointments of notaries will be faster, efficient and transparent.
- Help in creating a digital storage facility of all notary related records.
- Ensure seamless administration of Notary Act.

Securities Appellate Tribunal (SAT)

Context: Most of the matters that have come up at the Securities Appellate Tribunal (SAT) in the past few weeks have been adjourned due to non-availability of the Bench, with no final hearings.

About Securities Appellate Tribunal (SAT)

Body: Statutory body
Developed under: Section 15K of the Securities and Exchange Board of India (SEBI) Act.
Appeal against: It was mainly established to hear an appeal against the order passed by the SEBI or by an adjudicating officer under the SEBI Act.
- Currently, SAT hears appeals against orders passed by the SEBI, the Insurance Regulatory and Development Authority of India and the Pension Fund Regulatory and Development Authority.
Compositions: It would consist of the one presiding officer and other 2 members.
- The Central Government will appoint the presiding Officer in discussion with the chief justice of India or nominee. The person so appointed as the presiding Officer should meet with the following requirements:
  - The retired or sitting judge of the supreme court
  - The retired or sitting judge of the high court
  - The retired or sitting judge of the high court, who has completed at least seven years of service as a judge in a high court.
- The Central Government will appoint the two members, should possess the following qualities:
  - The member should be capable of dealing with problems related to the securities market.
  - The member should possess qualification and experience related to corporate law, securities laws, economics, finance or accountancy.
Tenure: Presiding Officer: 5 years from the date of appointment or re-appointment.
Members: 5 from the date of appointment or re-appointment.
Power: SAT will have the same powers as vested in a civil court under the code of civil procedure while trying a suit, with respect of the following matters namely:
- Enforce and summon the attendance of any person
- Require the discovery and production of documents
- Receive evidence on affidavits
- Issue commissions for the examination of the documents or witnesses
- Dismiss an application for default or deciding it ex-parte
- Set aside any order or dismissal of any application for default or any other order passed by it ex-parte
- Any other matter as and when prescribed.
Eligibility for filing an appeal: Every person aggrieved by order of the Securities and Exchange Board of India or adjudicating officer is liable to make an appeal to the SAT.
- Note: No appeal can be made to the SAT against any order made with the consent of the parties.
Time Limit: Every appeal to the SAT should be filed within 45 days from the day on which a copy of the order passed by the SEBI or adjudicating office is received.
Appear before SAT: As per the SEBI Act, any authorised person is a Company Secretary, Chartered Accountant (CA), Cost Accountant or Legal Practitioner can appear before Securities Appellate Tribunal (SAT).
Appeal against the orders of SAT: Every person aggrieved by any order or decision of Securities Appellate Tribunal can file an appeal to the supreme court. The appeal should be made within 60 days from the date of receiving a copy of the order or decision of SAT.

CDSCO Report Uncovers Alarming Levels of Contaminants in Indian Cough Syrups

Context: According to a report released by the Central Drugs Standard Control Organisation (CDSCO), the nation's top drug regulator, at least five batches of cough and allergic rhinitis syrups from two Indian manufacturers have been found to contain higher than permissible levels of contaminants - diethylene glycol and ethylene glycol.

About Ethylene glycol and Di Ethylene Glycol (DEG)

Ethylene glycol and Di Ethylene Glycol (DEG) are colourless, odourless, sweetish-tasting substances that are mostly used for industrial purposes ranging from antifreeze formulations to brake fluids, paints, plastics etc. The pharmaceutical grade can be used for medicines and consumer products in the quantity that is recommended.

Note: According to the WHO, the accepted safety level for ethylene glycol and diethylene glycol is no more than 0.10%.
** The two contaminants are known to be toxic in humans and can cause abdominal pain, vomiting, diarrhoea, inability to pass urine, and acute kidney injury that may result in death especially in children.

About Central Drugs Standard Control Organisation(CDSCO)

Established: 2005

Work under: Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India.

Headquarter: New Delhi

Functions:

It is assigned duties under Drugs and Cosmetics Act, 1940.
Under the Drugs and Cosmetics Act, CDSCO is responsible for approval of Drugs, Conduct of Clinical Trials, laying down the standards for Drugs, control over the quality of imported Drugs in the country and coordination of the activities of State Drug Control Organizations by providing expert advice with a view of bring about the uniformity in the enforcement of the Drugs and Cosmetics Act.
Further CDSCO along with state regulators, is jointly responsible for grant of licenses of certain specialized categories of critical Drugs such as blood and blood products, I. V. Fluids, Vaccine and Sera.

Note: The National Pharmaceutical Pricing Authority (NPPA) is a government regulatory agency that controls the prices of pharmaceutical drugs in India.

Green court directs BRO to plant 10,000 trees in Uttarakhand in a month

Context: The National Green Tribunal (NGT) has directed the Border Roads Organisation (BRO) to plant at least 10,000 trees within a month in Uttarakhand as part of compensatory tree plantation to make up for hundreds of trees felled during construction of a road from Simli to Gwaldam.

National Green Tribunal:

NGT is a statutory and specialised judicial body that deals with the expeditious disposal of cases related to environmental protection, and the conservation of forests and other natural resources. It was set up under the National Green Tribunal Act in 2010.
The Tribunal is not bound by procedure under the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 and is guided by principles of Natural Justice.
- It draws inspiration from Part III of the Constitution of India, Article 21 Protection of life and personal liberty, which assures the citizens of India the right to a healthy environment.

NGT Deals in the following Acts:

The Water (Prevention and Control of Pollution) Act, 1974
The Water (Prevention and Control of Pollution) Cess Act, 1977
The Forest (Conservation) Act, 1980
The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection) Act, 1986
The Public Liability Insurance Act, 1991
The Biological Diversity Act, 2002

Power of NGT:

The Tribunal is vested with the powers of a Civil Court under the Code of Civil Procedure for discharging its functions. NGT is mandated to make disposal of applications within 6 months of the filing of the same.
It can enforce any legal right relating to the environment and order relief and compensation for damages to persons and property.
In a decision of Municipal Corporation of Greater Mumbai v Ankita Sinha & Others, the Supreme Court of India held that NGT has the power to take suo motu cognizance of environmental issues.
An appeal against the order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication.
In case of non-compliance with any direction issued by the NGT or any of its judgements, a penalty can be imposed in which the person may be given imprisonment for about three years or a fine which may extend to Rs. 10 crores or even both.

Composition of NGT:

The NGT comprises the Chairman, the Judicial Members, and Expert Members. These members are required to hold the office for five years, and they are not eligible for reappointment.
The Chairperson of NGT is appointed by the Central Government in consultation with the Chief Justice of India (CJI).

Challenges of NGT:

Two important Acts – Wildlife (Protection) Act, 1972 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 have been kept out of NGT’s jurisdiction.
Decisions of NGT have also been criticized and challenged due to their repercussions on economic growth and development. The absence of a formula-based mechanism in determining the compensation has brought criticism to the tribunal.
Orders of NGT can be challenged in the court of law, limiting the tribunal's role.