Prelim Snippets 19-12-2019
1. National Company Law Appellate Tribunal (NCLAT)
Why in News?
- Recently, NCLAT has reinstated Cyrus Palonji Mistry as Executive Chairman of Tata Sons.
- It has to be noted that he has been unceremoniously removed three years back from the same institution.
- National Company Law Appellate Tribunal (NCLAT) was constituted under Section 410 of the Companies Act, 2013.
- Benches of National Company Law Tribunal (NCLT) are set up in various States depending on the case load and other relevant factors. Considering the heavy case load at some existing benches, additional members have been appointed and additional courts have been operationalised from Time to Time.
- The President of the Tribunal and the chairperson and Judicial Members of the Appellate Tribunal shall be appointed after consultation with the Chief Justice of India.
- The Members of the Tribunal and the Technical Members of the Appellate Tribunal shall be appointed on the recommendation of a Selection Committee consisting of:
- Chief Justice of India or his nominee—Chairperson.
- A senior Judge of the Supreme Court or a Chief Justice of High Court— Member.
- Secretary in the Ministry of Corporate Affairs—Member.
- Secretary in the Ministry of Law and Justice—Member.
- Secretary in the Department of Financial Services in the Ministry of Finance— Member
- It hears appeals against the orders of National Company Law Tribunal(s) (NCLT), with effect from 1stJune, 2016.
- It is the Appellate Tribunal for hearing appeals against the orders passed by NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC).
- It is also the Appellate Tribunal for hearing appeals against the orders passed by Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC.
- It is the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI).
2. Indian Coast Guard
Why in News?
- The Indian Coast Guard held the 18th National Maritime Search and Rescue Board meeting.
Indian Coast Guard (ICG):
- The Indian Coast Guard is a multi-mission organisation, conducting round-the-year real-life operations at sea.
- It is headed by the Director General Indian Coast Guard (DGICG) exercising his overall command and superintendence from the Coast Guard Headquarters (CGHQ) located at New Delhi.
- It has jurisdiction over the territorial waters of India, including its contiguous zone and exclusive economic zone.
- It was formally established in 1978 by the Coast Guard Act as an independent armed force of India.
- It operates under the Ministry of Defence.
- For effective command and control, the Maritime Zones of India are divided into five Coast Guard Regions, namely, North-West (HQ Gandhinagar), West (HQ Mumbai), East (HQ Chennai), North-East (HQ Kolkata) and Andaman & Nicobar (Port Blair).
5.Marine Environment Protection
6. Scientific Assistance
7. National Defence (in war)
Duties of the Coast Guard:
- Ensuring the safety and protection of artificial islands, offshore terminals, installations and other structures and devices in any maritime zone.
- Providing protection and assistance to fishermen in distress while at sea.
- Preservation and protection of India’s maritime environment including prevention and control of marine pollution.
- Assisting the Customs and other authorities in anti-smuggling operations.
- Enforcement of Maritime Zones of India Act.
- Precautionary measures for the safety of life and property at sea and the collection of scientific data.
3. Mumbai’s Coastal Road Project
Why in News?
- The Supreme Court stayed a Bombay High Court order that had quashed Coastal Regulation Zone clearance granted to the southern part of Mumbai’s coastal road project.
Mumbai’s Coastal Road project:
- The Coastal Road is an under-construction 8-lane, 29.2-km long freeway that would run along Mumbai’s western coastline connecting Marine Lines in the south to Kandivali in the north.
- The Coastal Road is projected to be used by 130,000 vehicles daily and is expected to reduce travel time between South Mumbai and the Western Suburbs from 2 hours to 40 minutes.
- The estimated cost of the project is ₹12,000 crore (US$1.7 billion).
- Environmentalists, activists and fishermen opposed the project.
- Their main contention was that the BMC is implementing the project with faulty and ‘illegal’ green clearances accorded in May 2017 by the MoEFCC.
- They have claimed the project lacks a mandatory prior Environmental Clearance under the Environmental Impact Assessment (EIA) notification of 2006.
- Activists had demanded that a biodiversity study of the Mumbai coast is also required before going ahead.
- They also called a National Institute of Oceanography (NIO) report flawed as it relied on only 14 days’ pre-monsoon data. An EIA study requires impact in all four seasons to be studied, they contended.
- Fishermen also claimed that the reclamation will destroy shallow water fishing and increase the turbidity of water, and that the narrow gaps between pillars will hinder movement of fishing boats.