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The Union Health Ministry is preparing to alter the Cigarettes and Other Tobacco Products Act, a significant step that will require OTT (over-the-top) platforms or streaming services to display health warnings during smoking scenes in motion pictures and Web series (COTPA).
The COTPA rules are set to change in the upcoming months, according to officials. A top official in the health ministry stated, “After multiple inter-ministerial discussions with the Information & Media ministry on this, it has been decided that the adjustments will be made in COTPA.” We at Consumer Voice have also been actively campaigning and working towards amendment in COTPA rules since a long time.
In another win for the consumer, Food regulator FSSAI’s CEO G Kamala Vardhana Rao, has urged states to step up monitoring and random food sampling in order to reduce food adulteration. Rao emphasised the necessity of taking the proper action in circumstances where food samples are discovered to be non-conforming..
Food Safety and Standards Authority of India (FSSAI) Chief Executive Officer (CEO) “encouraged states/UTs to increase the frequent surveillance, monitoring, inspections, and random sampling of food products and their compliance with the laid down requirements.” Additionally, states and UTs are required to use Food Safety on Wheel (FSW), which is available to them, to analyse 10 samples of milk every day.
By using clean technologies, India, the fifth-largest economy in the world, may become energy independent by 2047, according to a study by a renowned American research institute. It emphasised the Atmanirbhar Bharat initiative of Prime Minister Narendra Modi, which ranges from a significant increase in renewable capacity to electric mobility, saving billions of dollars in imports. In a report titled “Pathways to Atmanirbhar Bharat,” the India Energy and Climate Centre (IECC) at the University of California, Berkeley’s Goldman School of Public Policy and Lawrence Berkeley National Laboratory, a US federally funded research and development facility, highlight the steps India has taken to adopt clean energy.
I hope you have loved reading the editorial and will continue to support us in bringing the best, interesting and informative articles for your perusal. In the meantime, keep reading the articles we have brought you this month. We discuss Reverse Mortgage Loan, benefits of Buttermilk and many more. Do share your thoughts at info@consumer-voice.org.
Until then, happy reading!
Pallabi Boruah
Editor
Cervical cancer is cancer of the cells in the cervix. It occurs when cervix cells start to transform into precancerous cells. It is the fourth most frequent female malignancy, which accounted for more than 600,000 new cases and 342 thousand deaths globally in 2020 (GLOBOCAN), making it one of the top global health issues. Almost 90% of these deaths took place in low- and middle-income nations, where screening and treatment are often limited or inaccessible. In Indian women, it is the third most common cancer and more than 450 million women aged 15 years and above are at risk of developing this cancer.
Dr. Savita Yadav, Professor
Department of Biophysics,
All India Institute of Medical Sciences
New Delhi-110029
The majority of cervical cancer cases are associated with high-risk human papillomavirus (HPV) infections. HPV is an extremely common virus, which is usually transmitted through sexual contact. Among the high-risk strains, HPV types 16 and 18 are the most common. The risk factors of cervical cancer are thus predominantly associated with acquiring HPV infection, impaired immune response to HPV infection, or both. The risk of HPV infection increases by an early age of sex debut, multiple sex partners, giving many births, using oral contraceptives for more than five years, immunosuppression, and smoking. Thankfully, there is a vaccine that can offer defence against some of the most harmful HPV strains. Depending on the recipient’s age, the HPV vaccine is commonly administered in two or three doses. It is advised for adolescents between the ages of 11 and 12 since the HPV vaccine is most effective when administered to people before they become sexually active. However, the vaccine can still be effective for those who have already become sexually active, as long as they have not been exposed to the strains of HPV.
Cancer treatment plans are highly focused and precisely aided by multiple diagnostic tests, such as CT scans, ultrasound, MRI, and biopsy along with physical examination used for detection and monitoring of the disease. Because of the high prevalence rate, women between the ages of 25 and 65 are frequently screened for cervical cancer through cytological screening-Pap smear test. In this test, cells from a woman’s cervix are collected and examined for any anomalies or early cancer indications. In case of abnormal Pap results, further testing is required, which can involve an HPV test, a specialised test that detects HPV infection in the cells of cervix. If a doctor suspects cancer, he might additionally check cervix and requests a tissue biopsy for confirmation.
Cervical cancer is curable if detected in the early stages and treated promptly. Depending on the stage of the malignancy, the survival rate varies widely. If diagnosed in early stages (I or II), the 5-year survival is substantially higher (50-90%), which drops to only 15–35% if diagnosed in an advanced stage (III and IV). Education and access to preventative measures are key to reducing the incidence and mortality rates of cervical cancer worldwide. Fortunately, it is highly preventable with proper screening and vaccination. Regular Pap smear and HPV tests can detect abnormal cells before they turn into cancer, and the vaccine can protect against some of the most dangerous strains of the HPV. However, these current screening methods have some limitations. These tests are expensive and necessitate sophisticated infrastructure and qualified personnel. Also, a conservative outlook of our society towards sexual health denies millions of women basic reproductive health rights. This increases incidence of cervical cancer by preventing its early detection via the conventional screening procedures due to mental barrier of patients regarding their privacy. Other factors like low awareness and lack of skilled personnel also impede the full implementation of these screening tests.
Our research team at the All Institute of Medical Sciences, New Delhi is working in this direction with the ultimate goal of providing the rural, underprivileged and remote population of India with an easy-to-use commercially available screening kit, which will empower them in the fight against cervical cancer. In order to identify cervical cancer biomarkers that can be utilized to develop a screening method/ kit for early diagnosis of cervical cancer, we are investigating alterations in saliva proteins using high throughput mass spectrometric techniques. Once deemed merely a digestive juice, saliva is now being considered a biological fluid capable of communicating an individual’s current health status and we have preferably chosen saliva over blood because its collection is skill-undemanding, non-invasive, and painless. Moreover, saliva samples are safer to handle, easier to collect, ship and store.
Conclusively, despite the fact that significant advances are being made in the field, we require improved diagnosis and prevention strategies to reduce the burden of cervical cancer. The incidence rate can be significantly reduced by a screening or detection method that removes constraints imposed by infrastructure, qualified staff, and hesitation. Moreover, awareness campaigns emphasizing the need of routine cervical cancer screening and HPV vaccination are crucial.
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Nowadays people are getting more attracted towards seasonal employment or business instead of regular salary job. In such a situation, they do not know whether they will have the capital to pay regular premiums or not. That’s why the trend of single premium insurance policy has increased a lot. In single premium insurance policy, you do not have to pay premium from time to time. You get rid of the hassle by paying the amount once, so at first sight this policy looks better.
Subas Tiwari
A single premium insurance plan is one in which the policy premium is paid only once during the term period of the plan. These plans provide a life cover on payment of a onetime lump sum premium amount.
As the name indicates, single premium plans are policies that need you to pay the premium just once and never again during the remaining term of the policy and continue to enjoy the cover for the full term of the insurance policy. Obviously, in the case of single premium policies, the premium that you pay upfront will be a larger amount.
Are they good?
With the above mentioned criteria, you may also have to choose a policy with a longer tenure, irrespective of whether you require it or not.
IRDA is bringing out new guidelines to be framed for appointment of Insurance Agents and capping on payment of commissions to insurance agents & reducing the rates of commissions during the first year of the policy & for its renewals from the second year onwards.
As an investor, it is your responsibility to enquire all the details of a product before choosing it. If you have been suggested any insurance plan by your friendly insurance agent, make sure that the agent has your objective as the paramount factor and nothing else.
LifeBond is a very flexible single premium ULIP with one of the widest bracket for the policy term. The premium starts with Rs 50,000 with no maximum limits. The sum assured is 5 times the premium, hence the insured becomes eligible for the tax benefits under the new IRDA guidelines.
Owing to its beneficial features, LifeBond Advantage is a great value for money. The plan comes with an inbuilt Accidental Death Benefit. The insured can opt for systematic partial withdrawals after a lock in period of 5 years. It also offers top-ups to earn additional life cover. The top-ups start with a minimum of Rs 5,000. But the string of benefits doesn’t end here, the insured also gets to earn loyalty additions (4% of fund value) for staying invested for 10 years.
New Risk Care II is a pure term plan where you get a cover for a specific term by paying a single premium. The reason why it made it to our list is that it offers a high insurance cover at a very low premium.
Since it’s a pure term plan, there are no maturity benefits (that’s why the premium is so low). The cover can be enhanced by opting for additional riders and benefits. If the insured opts for a high sum assured, he gets to enjoy saving in premium. The plan offers insured the flexibility in choosing the sum assured and policy term.
LIC rules the rooster when it comes to single premium policies. LIC has launched many successful single premium policies in the market out of which we picked out Jeevan Vriddhi. The guaranteed maturity sum assured on this plan depends on the single premium amount and the entry age of the insured. The policy can be surrendered just after a year with 90% of the single premium paid back.
Other benefits include loyalty additions to the maturity benefit if the insured stays invested for a term as specified in the plan. The insured also gets to enjoy incentives for higher single premium (up to 3%, when premium > Rs 1, 00,000). Moreover, a loan can be applied against this plan at an optimal interest rate.
Single Premium Pension Super is a Pension ULIP. The USP of this plan is that the minimum sum assured is figured out as the higher of either two – fund value or at least 101% of the sum of all the premiums. So it’s a win-win proposition for the buyer. It’s like getting the ULIP advantage minus ULIP uncertainty.
The policy can be surrendered after a lock in period of 5 years. The insured can also buy top-ups starting with a minimum of Rs 10,000 to enhance the existing coverage. The investment is made in equity and debt instruments in a way so as to maximize potential of returns without exposing the funds to risk.
The maturity benefit can be availed in either of the following modes –
iAssure Single Premium is an endowment plan offering a substantial risk free return along with a life cover. In case the insured dies, during the policy term, the beneficiary gets either sum assured or guaranteed maturity benefit, whichever is higher. Guaranteed maturity benefit is calculated taking into account factors such as premium amount, age, gender, policy term, sum assured multiple and the applicable reference rates.
The minimum sum assured is 125% of the single premium. The maximum sum assured is 500% of the single premium in case the entry age is 55 years or below and 125% of the single premium in case the entry age is above 55 years.
IndiaFirst is fast emerging as one of the leading life insurers in India. The brand is renowned for designing new innovative insurance products. Smart Save is one such plan boasting of a gamut of features. It is an ULIP with a fixed policy term of 15 years. However, the insured can make partial withdrawals as and when need arises.
The investment can be made in a choice of five funds with different growth potentials. The insured can allocate the premium proportionately among these five funds and enjoys the freedom of switching from one fund to another. The minimum sum assured is 125% of the single premium in case the entry age is 45 years or below and 110% of the single premium in case the entry age is above 45 years. The maximum sum assured is 500% of the single premium in case the entry age is 50 years or below and 110% of the single premium in case the entry age is above 50 years.
What could be a better use of a surplus than to guarantee a better future for your child? SMART Steps from Max New York is a Child ULIP offering the insured, liquidity and flexibility. The investment is made in a wide choice of funds such as front-line equity fund, dynamic floor fund, dynamic bond fund and so forth. Apart from the regular maturity benefits and death benefits, the insured gets to enjoy tax benefits under section 80C and section 10 (10D).
The policy offers the insured top-ups starting with a minimum of Rs 5,000. The buyer can also avail partial withdrawals benefit for meeting unplanned expenses.
Sourced from- https://www.policybazaar.com
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The 2024 general elections are just one year away. When the 2023 budget was unveiled, it was expected that taxpayers wouldn’t be burdened in any way, although the average taxpayer did expect to see tax relief. Find out what they were relieved about and what they were dissatisfied about.
Subas Tiwari
Proposed amendments w.r.t. Assessment & Appeals
For the complete report, click here
Delegated legislation should not travel beyond the purview of the parent act. If it does, it is ultra vires and cannot be given any effect. Rules or regulations cannot be made to supplant the provisions of the enabling act but to supplement it.
Dr Prem Lata
The SC ruled that Regulation 153(15) of the Code 2014 is invalid because it violates Section 126 of the Electricity Act 2003. The SC noted that there is a thin line between a rule and a regulation, and that if the delegate authority’s power to create such rules or regulations is upheld, ultra vires may result and delegated legislation may be in conflict with the Parent Act’s provisions.
A long pending issue before the Hon’ble Supreme court was finally settled with a landmark judgement in the matter of U.P. Power Corporation Ltd & others vs Anis Ahmad & others in 2013 along with eight more cases of similar nature.
According to the aforementioned ruling, complaints against assessments made under Section 126 of the Electricity Act or actions taken under Sections 135 to 140 are categorically prohibited in all situations, but if a service provider has charged a price that is higher than the price set by any law, it is open to challenge before the consumer court. This means that a consumer can file a complaint before the forum for excessive billing even if he has not been charged with using electricity without authorization or the like.
But there is twist and turn in the latest Judgment by SC on the issue of unauthorised consumption of electricity in case of Kerala State Electricity Board V/S Thomas Joseph Alias Thomas 2022 (SC) decided on 16 December 2022. The Supreme Court held that the consumption of electricity in excess of the connected load/contracted load would amount to ‘unauthorised use of electricity’ under explanation (b) to Section 126(6) of the Electricity Act, 2003 and also declared Regulation 153(15) of the Kerala Electricity Supply Code, 2014 as invalid for being inconsistent with the provision of Section 126 of Electricity Act 2003.
An appeal was filed by Kerala State Electricity Board against the Kerala HC judgment which had held that ‘unauthorised additional load’ in the same premises and under the same tariff shall not be reckoned as ‘unauthorised use of electricity’.
In its appeal, the KSEB cited a decision by a three-judge panel in the case of Executive Engineer, Southern Electricity Supply Company of Orissa Limited and Another vs. Sri Seetaram Rice Mill (2012) 2 SCC 108, which determined that cases of excess load consumption other than the connected load would fall under Explanation (b) (iv) to Section 126. The bench summed up the guidelines established in the aforementioned ruling with reference to this instance.
(1) The provisions of Section 126, read with Section 127 of the Act 2003 become a Code in themselves. It specifically provides the method of computation of the amount that a consumer would be liable to pay for excessive consumption of electricity and for the manner of conducting assessment proceeding. Section 126 of the Act 2003 has been enacted with a purpose to achieve i.e., to put an implied restriction on such unauthorised consumption of electricity.
(2) The purpose of Section 126 of the Act 2003 is to provide safeguards to check the misuse of powers by unscrupulous elements. The provisions of Section 126 of the Act 2003 are self-explanatory. They are intended to cover 46 situations, other than, the situations specifically covered under Section 135 of the Act 2003. In such circumstances, the Court should adopt an interpretation which should help in attaining the legislative intent.
(3) The purpose sought to be achieved with the aid of the provisions of Section 126 of the Act 2003 is to ensure stoppage of misuse/unauthorised use of the electricity as well as to ensure prevention of revenue loss.
(4) The overdrawal of electricity is prejudicial to the public at large, as it is likely to throw out of gear the entire supply system, undermining its efficiency, efficacy and even-increasing voltage fluctuations.
(5) The expression ‘unauthorised use of electricity’ means as it appears in Section 126 of the Act 2003. It is an expression of wider connotation and principle construed purposively in contrast to contextual interpretation, while keeping in mind the object and purpose of the Act 2003.
The bench, therefore, observed:
“In view of para 72 of Seetaram Rice Mill (supra) referred to above, the High Court could be said to have erred in coming to the conclusion that the consumer cannot be charged twice the energy charges if the consumer uses in excess of the sanctioned/connected load in the very same premises and for the very same purpose, which do not involve any change in the tariff. Para 87(2) in Seetaram Rice Mill (supra) categorically holds that consumption in cases of the connected load would fall in Explanation (b) (iv) to Section 126 of the Act 2003.”
As per explanation (b) to Section 126(6), the “unauthorised use of electricity” means the usage of electricity─ (i) by any artificial means; or (ii) by a means not authorised by the concerned person or authority or licensee; or (iii) through a tampered meter; or (iv) for the purpose other than for which the usage of electricity was authorised; or (v) for the premises or areas other than those for which the supply of electricity was authorised.
However Regulation 153(15) of Supply Code 2014 provides that an unauthorised additional load in the same premises and under the same tariff shall not be reckoned as ‘unauthorised use of electricity’ except in cases of consumers billed on the basis of connected load. On Regulation 153(15), the bench observed that a delegated legislation should not travel beyond the purview of the parent Act and if it does it is ultra vires and cannot be given any effect. It observed:
“If we have to set right the impugned judgment and order of the High Court and bring in tune with the principles embodied in the decision of this Court in the case of Seetaram Rice Mill then we have no other option but to declare that Regulation 153(15) of the Code 2014 framed by the Commission is inconsistent with Section 126 of the Act 2003. If the Regulation 153(15) is to be given effect, then the same would frustrate the very object of Section 126 of the Act 2003. The High Court in its impugned judgment says that Regulation 153(15) does not lead to any loss of revenue. The stance of the Commission also is that there is no loss of revenue if the Regulation 153(15) is permitted to be operated. However, we are of the view that it is not just the question of loss of revenue. At the cost of repetition, we emphasis on the fact that overdrawal of electricity is prejudicial to the public at large as it may throw out of gear the entire supply system, undermining its efficiency, efficacy and even-increasing voltage fluctuations.”
In light of the foregoing considerations and the most recent Supreme Court ruling, the following principle is established:
U.P. Power Corporation Ltd.& others V/s Anis Ahmad & others SC 2013