Current based PRELIMS QUESTION 8 June 2020

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1. Consider the following statements regarding the Cinematograph (Amendment) Bill, 2019.
1. It seeks to amend the Cinematograph Act, 1952 by introducing two new sections.
2. The Bill prohibits a person from using a recording device to make a copy or transmit a film, without written authorisation from the producer of the film.
3. Persons who make copies of a film without authorisation will be punished with imprisonment of up to three years, or fine up to Rs 20 lakh, or both.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-b
Explanation
Cinematograph (Amendment) Bill, 2019
The Cinematograph (Amendment) Bill, 2019 was introduced in RajyaSabha by the Minister of State for Information and Broadcasting, Mr. Rajyavardhan Rathore, on February 12, 2019.
The Bill amends the Cinematograph Act, 1954. The Act provides for certification of films for exhibition. Further, the Act imposes penalties for various offences such as:
(i) Exhibition of a film that has not been certified for public exhibition, or
(ii) Tampering with a film after it has been certified.
The Standing Committee on Information and Technology tabled its report on the Cinematograph (Amendment) Bill, 2019 in Parliament.
Union government is dragging its feet on overhauling the archaic film certification and censorship mechanism, bringing only incremental changes to the Cinematograph Act that was first introduced in 1952.
The Cinematograph Amendment Bill, 2019, is a belated measure by the government to tackle the issue of piracy.
It seeks to introduce two Sections to the Cinematograph Act, 1952 —
 The Bill prohibits a person from using a recording device to make a copy or transmit a film, without written authorisation from the producer of the film.
 Persons who make copies of a film without authorisation will be punished with imprisonment of up to three years, or fine up to Rs 20 lakh, or both.
The Bill was introduced in the RajyaSabha in February last year and referred to the Standing Committee.
The committee has found the scope of the Cinematograph (Amendment) Bill, 2019, limited. The Bill only tackles illegal recording at cinema halls. Also, the punishment prescribed in the Bill is too little when compared with the losses that a pirated film can lead to.
https://www.prsindia.org/billtrack/cinematograph-amendment-bill-2019

2. Consider the following statements regarding the Uttar Pradesh Recovery of Damage to Public and Private Property Ordinance, 2020.
1. It will seek to create claims tribunals to investigate the damages, according to an official document shared by the government.
2. It is a stringent new law to recover compensation from those who damage public and private property during protests and riots.
3. The chairperson of the tribunal will be a retired district judge and member Additional Commissioner level officer.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-d
Explanation
Uttar Pradesh Recovery of Damage to Public and Private Property Ordinance, 2020
The ‘Uttar Pradesh Public and Private Property Damage Recovery Ordinance 2020’ enacted to compensate for the loss to public and private properties due to strike, bandh, riots and public nuisance. After the approval of the Governor, the ordinance was notified in the official gazette. The government can make rules to implement the ordinance.
There was fierce violence in Lucknow on December 19, 2019 during the CAA protest. The state government had prosecuted dozens of people on charges of violence. 57 people were sent notices and directed to make up for the loss of personal and government property. The posters with photographs of all these were placed in the city by the Lucknow district administration and police.
The matter reached the Allahabad High Court and then the Supreme Court. Subsequently, the government put the ordinance on Friday at a cabinet meeting to compensate the loss from people who have damaged public and private properties during protests, processions and other such events.
Approved the draft Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020 in a cabinet meeting chaired by the Chief Minister.
What is public property?
According to the Prevention of Damage to Public Property Act, 1984, “public property” means any property, whether immovable or movable (including any machinery), which is owned or occupied or controlled by: –
1. Central Government;
2. State Government;
3. local authority;
4. a corporation established by or under any Central, Provincial or State Act;
5. a company as defined in section 617 of the Companies Act, 1956;
6. Such institution, organization or undertaking as the Central Government may, by notification in the Official Gazette, specify in this behalf.
Provisions of ordinance
The Claims Tribunal shall have all the powers of the Civil Court and shall function in the same manner. His decision will be final and no appeal can be taken against him in any court. To get compensation, an application has to be made before the Claims Tribunal within three months of the damage to property. The Tribunal may waive 30-day delay in the application if the applicant gives a reasonable reason for it.
According to the ordinance, on receipt of the FIR of property damage based on the report of the concerned police officer and other information collected during this period, the DM or the Commissioner of Police or the Head of the Office shall receive the tribunal within three months from the date of damage to public property. Steps have to be taken to file a claim petition before it. At the same time, the owner of the damaged personal property will have to file his claim petition within three months after obtaining a copy of such report from the concerned station head or station in-charge.
An application / claim petition to be filed for compensation will be accompanied by a fee of Rs 25 as a court fee stamp. All applications other than compensation will be stamped with a court fee stamp of Rs 50. The processing fee of Rs 100 will be in the form of a court fee stamp for each witness or party summoned. Claims may include defendants who damage or incite property, those named in police reports, and those who sponsor protests as defendants.
The Claims Tribunal shall attach the property of such defendants. At the same time, it will direct the authorities to publicly issue a mass warning about not buying the property of the defendant and along with it publish his name, address and photograph. The Tribunal may issue a certificate to the Collector for the amount of compensation. The collector will recover it as an arrear of land revenue. The Tribunal may also order double the compensation amount as exemplary damages.
The Tribunal may deploy a Claims Commissioner for investigation and assessment of damages. The Claims Commissioner shall not be an officer of lower level than the Additional District Magistrate level. The Tribunal may also appoint one surveyor from each panel appointed by the State Government in each district to assist the Claims Commissioner, who will play the role of technical expert in the assessment of damages. The Claims Commissioner shall submit the report to the Tribunal within three months or extended period. The tribunal shall decide the liability after hearing the parties.
The number of members in the Claims Tribunal shall be as much as the State Government considers appropriate. Where there are two or more members, one member shall be appointed as the Chairman. The chairperson of the tribunal will be a retired district judge and member Additional Commissioner level officer. If two or more tribunals are constituted for an area, the state government can allocate work among them there.
Article 213
The Governor of a state has powers to pass ordinance under Article 213. The Governor under the article has powers to promulgate an ordinance without permission of the President. The ordinance shall be promulgated only when both legislative assembly and legislative council are not in session.
The Governor also has powers to withdraw the ordinance. The ordinance has to be passed by the legislative assembly as it commences after the passage of the ordinance. If not passed, the ordinance will cease to exist within 6 weeks of the commencement of the ordinance. The assembly shall also pass a resolution against the ordinance exhibiting its disagreement.

3. Consider the following statements regarding the Tara Tarini hill shrine:
1. Chaitra Jatra festival is celebrated at Tara Tarini hill shrine in the Hindu month of Chaitra.
2. Tara Tarini hill shrine is located at Kumari hill on banks of the Godavari  River and is one of four major ancient Tantra Peetha and Shakti Peethas in India.
3. This temple had been built as per traditional Rekha style of Odia temple architecture, as per which famous Jagannath temple of Puri and Lingaraj temple of Bhubaneswar have been built.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-c
Explanation
Tara Tarini Temple
The annual Chaitra Jatra festival scheduled to be held on 17th March, 2020 at Odisha’s Tara Tarini hill shrine has been cancelled as a precautionary measure against COVID-19 infection.
The festival is held on each Tuesday in the month of Chaitra, which falls in March-April as per the English calendar.
Key Points
Tara Tarini hill shrine, located at a hilltop on banks of the Rushikulya River, is a major centre of Shakti worship in Odisha.
The twin goddesses Tara and Tarini represent one Shakti and are the main deity of Ganjam district (Odisha).
Tara is an important deity of Mahayana Buddhist Sect.
This temple had been built as per traditional Rekha style of Odia temple architecture, as per which famous Jagannath temple of Puri and Lingaraj temple of Bhubaneswar have been built.
Unlike other temples, it wasn’t built under the patronage of a King or a Noble, the temple was set up by a Brahmin named Basu Praharaj as per popular legend.
Since its inception it has been an established seat of Tantrism.
Indian Navy’s sailboat INSV Tarini was named after Tara Tarini hill shrine.The first Indian all-woman crew had circumnavigated the globe in INSV Tarini.
Other important Festivals of Odisha:
Chhau Festival
Chhau Festival is celebrated every year by the Bhuiyan tribes in Odisha.
The main attraction of the festival is the performance of Chhau dance by the people of Odisha.
Chhau dance is a semi-classical form of dancing that includes a little bit of martial arts and folk elements.The dance is performed while wearing a mask or chhau that comes from the word chaya which means shadow.
Nuakhai Festival:
Nuakhai is an agricultural festival mainly observed by people of Western Odisha in India.
The farmers offer the first produce of their respective lands to Goddess Samaleswari and then consume it personally.

4. Consider the following statements regarding the Wings India 2020:
1. It is jointly organised by the Ministry of Civil Aviation, Government of India, Airport Authority of India and the Federation of Indian Chambers of Commerce and Industry.
2. It is a flagship event of the Indian Civil Aviation industry which held at Begumpet Airport of Pune.
3. The theme of the year 2020 is “Flying for all’’ and the focus is on the new business acquisition, investments, policy formation and regional connectivity in the civil aviation industry.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-c
Explanation-
Wings India 2020
Wings India 2020 is a flagship event of the Indian Civil Aviation industry which held at Begumpet Airport, Hyderabad from 12th-15th March, 2020.
Wings India 2020 is an international exhibition and conference on the civil aviation sector.
Hyderabad being the hub of Aviation remains the natural host of the event.
It is jointly organised by the Ministry of Civil Aviation, Government of India, Airport Authority of India (AAI) and the Federation of Indian Chambers of Commerce and Industry (FICCI).
The theme of the year 2020 is “Flying for All’’ and the focus is on the new business acquisition, investments, policy formation and regional connectivity in the civil aviation industry.
It will be Asia’s largest and most popular gathering in the aviation industry.
Airports Authority of India
It was constituted by an Act of Parliament and came into being on 1st April 1995 by merging erstwhile National Airports Authority and International Airports Authority of India.
It is entrusted with the responsibility of creating, upgrading, maintaining and managing civil aviation infrastructure both on the ground and air space in the country.
Federation of Indian Chambers of Commerce and Industry
It was established in 1927 and is the largest and oldest apex business organisation in India.
It is a non-government, not-for-profit organisation.
It provides a platform for networking and consensus building within and across sectors and is the first port of call for Indian industry, policymakers and the international business community.

5. Consider the following statements regarding the Whip in India:
1. A whip is a written order that political party issue to its members for being present for an important vote, or that they vote only in a particular way.
2. The office of ‘whip’ is mentioned neither in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute.
3. In India, rebelling against a three-line whip can put a lawmaker’s membership of the House at risk.
Which of the following statements is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer-d
Explanation-
Whip in India
The Supreme Court has recently said that the dissident legislators cannot be compelled to participate in the Assembly session. It is against the previous orders of SC on the anti-defection law.
Under the Tenth Schedule (anti-defection law) a political party has a constitutional right to issue a whip to its legislators.
SC in Kihoto Holohan vs Zachillhu case, 1992 held that the application of the Tenth Schedule is limited to a vote on “motion of confidence” or “no-confidence” in the government or where the motion under consideration relates to a matter which was an integral policy and programme of the political party.
Paragraph 2(1)(b) provides for a lawmaker’s disqualification “if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs”.
The term ‘whip’ is derived from the conventional British parliamentary procedure of ordering the legislators both ruling and opposition parties to following the party line.
A whip is a directive from a political party that binds the members of that political party in a House to obey the line of the party. In India, the concept is a remnant of the British colonial rule. Most parties appoint a whip whose job it is to ensure discipline among the party members at the floor of the House.
Although the concept of the whip has no official sanction and is not mentioned in the Constitution, it is a convention that is followed in the Indian Parliament. Any party that finds representation in the House can issue a whip, regardless of its strength in that chamber.
However, there are some cases where the whip stands non-applicable. At the time of presidential elections, whip cannot direct a member of legislative assembly i.e. MLA or a Member of Parliament i.e MP on whom to vote.
The chief whip is a Member of Parliament (MP) drawn from the party in power and also from the party that sits in opposition. The whip is also an important party office-bearer in the House.
Functions of Whip
The chief whip of the party has a crucial role to play in parliamentary democracy. The whip keeps the party together and also ensures smooth and efficient functioning of the business of the House. The chief functions of the whip are:
To ensure discipline among party members in the House.
To ensure the attendance of the party members.
To make sure the MPs vote according to the party line.
To ensure that the MPs are informed of the party opinion on the moods of the members.
To identify the signs of discontent among MPs and inform the same to respective leaders.
To supply the list of speakers on Bills and other businesses in the House.
He or she is responsible for maintaining the internal party organization in the Parliament and acts as a binding force in the party.
He or she also acts as a counselor to the party members in the House and as an advisor to the party leaders.
In India, the Minister for Parliamentary Affairs is the Chief Whip of the Government. He is assisted by assistant whips also. There are also regional whips who are in liaison with the party members of the states.
Types of Whips
One line whip: it is issued to inform the members about a vote. In case a member decides not to follow the party line, one line whip allows the member to withhold.
Two-line whip: it is issued to direct the members to be present in the House at the time of voting but no instructions are given on the voting pattern.
Three-line whip: it is issued to members directing them to vote as per the party line.
What if a whip is violated?
If an MP violates the whip of his party, he or she is evicted from the House under the Anti-Defection Law. A three-line whip can be violated only if 1/3rd of the party members of the House decide to vote against the party line.