Trinamool raises matters of public importance in Parliament

Playing the role of a responsible Opposition, Trinamool Congress MPs today spoke on various issues of public importance in both Houses of the Parliament.

Speaking in Rajya Sabha during the Zero Hour, Md Nadimul Haque raised the issue of the plight of four lakh minority students in Bengal who were not receiving their scholarships. He urged the Centre to allow States to electronically transfer the funds through Direct Benefit Transfer.

Dola Sen spoke on the urgent demand for elimination of unmanned level crossings. In her speech she highlighted when Mamata Banerjee was the Railway Minister, due to her untiring and sustained work towards rail safety, the index for train accidents decreased significantly from 0.29 per million train km in 2004-05 to 0.17 in 2009-10.

In the Lok Sabha, Saugata Roy demanded that the powers of Tea Board Head Office in Kolkata not be curtailed in the name of decentralisation and said people of Bengal will protest severely against any attempts to shift the headquarters of Tea Board outside Bengal.

During Question Hour, Derek O’Brien asked the government in Rajya Sabha to enlist their plans to make life-saving drugs affordable for common people. In Lok Sabha, Prasun Banerjee wanted to know from the government what initiatives were being taken by them to popularise football in India.

Leader of the party in Rajya Sabha, Derek O’Brien today initiated a short duration discussion in the Rajya Sabha on the issue of price rise. “The Government has to be responsible for bringing down the prices of commodities in the markets,” he said. Citing the example of Sufal Bangla scheme and task forces formed the Bengal Government to keep a check on prices, Derek O’Brien advised the Centre to follow successful models from the State to control inflation.

During a discussion on the Benami Transaction (Prohibition) Amendment Bill, 2015 in Lok Sabha, Kalyan Banerjee and Saugata Roy appealed to the government not to amend the current Act and instead bring a fresh Bill altogether to deal with benami property.

Finally, at the end of the day’s proceedings in the Rajya Sabha, Dola Sen made a Special Mention on the successful Bengal model in combating Left-Wing extremism and asked the Centre to follow the footsteps of the State in dealing with issue elsewhere in the country.

Ahmed Hassan Imran raised the issue of reduction of central funding of several key schemes and said this was against the spirit of cooperative federalism. He asked the Government to explain how State Governments are to carry on with these welfare programmes, and ensure development in the States without adequate funds.

 

Special Mention by Ahamed Hassan Imran: Reduced Central funding of schemes is against the spirit of cooperative federalism

The Central Government often talks of cooperative federalism, however, the actions of the Centre over the past two years, have not reflected this and States continue to receive step-motherly treatment from the Union Government.

On the one hand, the Government of India increased the devolution to the States from 32% to 42%, as per the recommendations of the 14th Finance Commission. On the other hand, there have been large cuts in budgetary allocations to key Ministries and reductions in the funding of Centrally Sponsored Schemes. This has affected the development initiatives of the States.

The Centre has withdrawn its financial support from 39 major schemes like the National e-Governance Action Plan, police modernisation and the Backward Regions Grant Fund. The Government has also scaled back its share in 58 key welfare schemes like Rashtriya Krishi Vikas Yojana, National Food Security Mission, Sarva Siksha Abhiyan, among others.

Sir, With the abolition of the Planning Commission, States have lost an important platform to voice their concerns and raise matters of public importance. Now, only select issues are raised at sub-groups of the Niti Aayog at the behest of the Centre. Often, the Centre takes unilateral decisions, choosing to ignore the recommendations of the Niti Aayog, as was evident in the restructuring of funding pattern for universal sanitation programme on December 1, 2015.

Sir, The Government must explain how State Governments are to carry on with these welfare programmes, and ensure development in the States without adequate funds. Increased devolution of tax funds will not help if they are countered by additional funding cuts across the board.

Thank you, Sir.

Special Mention by Dola Sen on the need to replicate successful models in combating Left Wing Extremism

Left Wing Extremism is the most potent threat the country faces today and in order to deal with it the country requires the Centre and State Governments to cooperate and share responsibility.

In our State of West Bengal, three districts are considered Maoist infested areas, namely, Paschim Medinipur, Bankura and Purulia, situated in the dense forest area that is called Jangalmahal,

Over the past 5 years, a number of welfare projects, measures and schemes like Kanyashree, Sabuj Sathi and Khadya Sathi were initiated and successfully implemented in these parts. This showcased that combat forces alone cannot solve the Naxal problem; development projects play an important role in winning the hearts of the poorest and the most affected people of that area. Bengal government’s approach has been adopted as a national model for tackling Left Wing Extremism.

Compared to 466 incidents in Chhattisgarh and 310 in Jharkhand in 2015, Bengal witnessed zero incidents and casualties in the last four and a half years, according to the figures of the Ministry of Home Affairs. To continue bringing Naxals back to the mainstream and keeping up the momentum of development in Jangalmahal as also other affected parts of the country, the Government must increase the allocation of funds required under the Integrated Action Plan for LWE districts.

Thank you.

Saugata Roy speaks on The Benami Transaction (Prohibition) Amendment Bill, 2015 in LS

Kalyan Banerjee, an eminent lawyer, has already made all the points on our party’s behalf. All I want to say is that, as a member of the Standing Committee on Finance we had 8 meetings on The Benami Transactions Bill, and we gave a unanimous report in which we said that a fresh law should be brought. I want to ask the Hon’ble Finance Minister why is it that he chose to override the unanimous recommendation of the Finance Committee, in which his party colleague was also a part, and go ahead with the Bill.

Madam, the intention of the Minister is good. He wants to end black money but it is very often said that the path to hell is laid with good intentions. This Act is opening the path to hell. Because in the statement of object, the Bill does not say that the purpose is to eradicate black money. Nowhere is there a mention. Suddenly he says that it’s to eradicate black money. That’s all.

Here in this Act there is a provision for confiscation under 27(1) and it will be vested in the Central Government. If somebody evades income tax and the money comes from smuggling, human trafficking, drug offences, it’s all right, invest in the Central Government. But say the State Government allocates land, like it’s done in many townships, whether for residential purpose or whether for setting up a factory, then why should it not invest in State Government? Because it should go back from this to the State Government which had originally allocated the land.

Lastly, I think this will open a serious problem in rural areas where there are no proper land records and there are cash transactions, lakhs of people will become homeless and we have said that this will open the road to tax terrorism. The Bill should not become another cursive instrument in the hands of revenue department to forcibly collect taxes as the existing Income Tax Act has adequate provisions and teeth to deal with issues such as tax evasion and unaccounted income.

So my last appeal to the Hon’ble Finance Minister is that we support the intention of the Bill. You bring a fresh and proper Bill, we all support it unanimously. Let him take back this Bill today.

Kalyan Banerjee speaks on The Benami Transactions (Prohibition) Amendment Bill, 2015

Deputy Speaker, Sir, in The Benami Transactions (Prohibition) Amendment Bill, by Clause 3, you want to introduce that this Act may be called The Benami Property Transactions Act, 1988. This is what you want to do. But why are you not bringing in a new Bill? If the Bill’s title is ‘The Benami Transactions (Prohibition) Amendment Bill,’ which is to further amend The Benami Transactions (Prohibition) Act, 1988, why are you not bringing in a completely new Bill?

The original Act is The Benami Transactions (Prohibition) Act, 1988, and now you are trying to amend it to The Benami Property Transactions Act, 1988. The latter is quite different. You are trying to bring in new things into an old Act. If so, why are you not bringing in a completely new Act?

Through you, Sir, I would like to draw the attention of the Hon’ble Finance Minister, and it is a great privilege the Hon’ble law Minister is also here. The Standing Committee of the Ministry of Finance in its 28th report, in Part-II, recommended bringing in a new Bill, a new Act. There is a total change of character here. What is the object, let’s see.

We have heard the speech of the Hon’ble Finance Minister in 2015 regarding bringing back black money, which is also benami. The first issue is, whether this money is coming through the backdoor process or through black money. Today, if I have white money, and if I want to transfer a property to anyone, it is not a benami transaction. A benami transaction happens if the source of the money has not been disclosed and cannot be disclosed, because it has been earned from illegal activities. The property purchased using money is then called benami.

I have a little experience about that. In 1989, I purchased a second-hand car. At that time, I had completed seven years of practice. The seller said that I will give you the documents after a few days, and I believed that. However, it was not given. In 1991, my car was stolen. Now, when the car was produced before the competent court, naturally, the owner had to apply for it. My name was not there as an owner. Then I had to take the help of the police commissioner, who sent his officers to get the documents. Ultimately, it was found that the gentleman who’s car it originally was, his domestic servant, who was staying in a remote village in Bihar, had taken it away with him to the village. This is an example of a benami property. This has to be stopped.

Sir, now I come to Clause 9. Part (1) says that “a person shall not be qualified for appointment as the Chairperson or a Member of the Adjudicating Authority unless” the person “has been a member of the Indian Revenue Service and has held the post of Commissioner of Income-tax or equivalent post in that Service” or “has been a member of the Indian Legal Service and has held the post of Joint Secretary or equivalent post in that Service.” Part (2) says that “The Chairperson and other Members of the Adjudicating Authority shall be appointed by the Central Government in such manner as may be prescribed.” Part (3) says that “The Central Government shall appoint the senior-most Member to be the Chairperson of the Adjudicating Authority.”

Seniority can be distinguished within the same cadre itself. How can you compare the seniority of an income tax officer and a district judge or legal service? Why is the Chairman’s position given to Income Tax officers? Instead of revenue officers it should be someone else. Income tax is not the main question here; this is a question of property.

Sir, in Clause 30 they have created an Appellate Tribunal to hear such appeal. Sir, with great respect, where is the provision to make such appeal? Sir, there should be a provision to prepare an appeal and if an appeal is prepared then in how many days can it be made? This cannot be mentioned in rule, it needs to be in the statute itself. And in that case I would request you that if an order is passed by the adjudicating authority then in that case the Appellate Tribunal should also have the power to pass an order.

A person also should be given justice. One may suffer from victimisation also. Therefore certain protection should be given against the order itself. Then time limit is not mentioned. But in case of the High Court, there is a time limit of 60 days to file an appeal. I will request that in the Bill itself at least give power to the apparent authority to pass any order.

Sir, the committee of Ministry of Finance, which has submitted a report that has said that they have highlighted a ground reality. Ground reality is in the rural areas where lands are purchased by cash; this has been done for decades together.

In the rural areas, it is very difficult for poor, illiterate people to keep dalils and deeds etc. It is really very difficult to get. So far the rural areas are concerned, it is difficult for the poor people who have purchased the property to keep the documents and instruments. Then we should take care that this property should not be brought within the scope and ambit of the Act itself.

Therefore, Sir, I will request to you kindly give thrust to the aspect whether the property is purchased or acquired by reason of any undisclosed money or tainted money. Apart from that if it is not purchased from the tainted money or undisclosed money this property should not be brought within this scope and ambit of the Act itself.

You have really given a completely new thought – except a few aspects, which I have pointed out; I appreciate that. I appreciate the intention of the Bill itself. I appreciate the mechanism which you have fixed up in this Bill itself. I have no doubt about that. But since you have given a new thought over the entire things it is better to bring a completely new code itself giving details of everything. With this, Sir, I am concluding.

 

Derek O’Brien speaks during a Short Duration Discussion on the situation arising out of the rise in prices in the country | Full Transcript

Sir, let me begin by thanking you for giving me the opportunity to initiate this discussion on price rise. I would also thank my colleagues across the parties who have all jointly signed this notice, which we actually prepared even two weeks before Parliament began. It is good to have the Minister here who himself is a son of the soil – mitti ka log – so I’m sure he will take some corrective action. And in the spirit, I think that by the end of the discussion, which is around two-and-a-half hours, there should be some measurable benchmark to find out whether one, two or three months down the line, this discussion has become fruitful or has it just been a Short Duration Discussion in Rajya Sabha where there has been no action taken.

Inflation figures

Sir, one way of setting the platform for this discussion is to throw some light on some numbers of the Government, about retail inflation, food inflation, vegetable prices, pulses, etc. But I thought, Sir, that I would refrain from doing that – there are many colleagues who will speak on this. The numbers are all very well known – retail inflation is at a 21-month high, food inflation is up by 7.5%, vegetable prices are up, prices of pulses are up by 30-50%, prices of eggs are up and so are the prices of meat and fish.

The only silver lining here is that if we look closely, all the prices are up but it is even worse today to be a vegetarian in India than a non-vegetarian because comparatively, prices of meat and fish are more in control. The Minister has all these figures. So I am not going to waste much time by talking about these figures.

Benchmark for discussion

My colleagues from Trinamool Congress – we are a practical, and because we are practical we have our feet to the ground. That’s why, Sir, we weren’t surprised by the great verdict which we got in Bengal, which Mamata Di led us to two months ago; the reason being that we have our feet to the ground.

Today, Sir, through you, I want to share with the Minister, some data – not from the research library here or from my research team in Kolkata of the Trinamool Congress. I have here with me last week’s prices of dal, tomato, potato and other commodities collected from 30 markets across the country – Surajpur Market in Noida, Mandera Bazaar in Allahabad, local market in Rudrapur, Danteswari Market in Jagdalpur and Shastri Market in Raipur, both in Chhattisgarh, Khanna Market in Gobindgarh and Hall Gate Subji Mandi in Amritsar, both in in Punjab, markets in Indore, Bhopal, Jammu, Kalimpong, Kolkata (Gariahat market), Adra, Patna, Rampur Market in Gaya, and so on. Sir, with your permission, I want to table this here after my speech.

Click here to view the price chart in markets

So when we come back to discuss the issue, rather than look at any other figures, we should look at these 30 markets. Let us make this a benchmark for this discussion. So I will lay this, Sir, on the table after I finish. This is the benchmark we should use and the issue has to be solved between the Centre and the States.

Problem of cartelisation

Sir, the first point I want to refer to, Sir, is to a trend and would like to refer to the Eco-Wrap report published by the State Bank of India. It tells us that potato prices increase every 2 years, the onion prices increase every 2.8 years and the tomato prices increase every 2.4 years. I want this Government to please take note of this report and investigate if there is possible cartelisation or a conscious decision to grow a particular crop in a year by vested interests.

I may be flagging this issue of price rise now but there were others who are much more articulate and erudite than me who flagged the same price rise issue in 2012. In May 2012, that person said, “Massive hike in petrol prices is a prime example of the failure of the Government. This will put a burden of hundreds of crores on them.” There is another message, Sir, on November 2013 by the same person, “Wherever I went, I saw that people are troubled by rising prices. Sadly, no leader is saying anything to assure people on the issue.”

Bhashan vs Action

Sir, these two tweets were made by the then Chief Minister of a State in western India on the issue of price rise. The then Chief Minister was very concerned about this issue and I am sure today in his new role he is equally concerned about this issue.

Sir, we have raised this issue today not for sharing brickbats but to find a solution. Sir, the bottomline is that this Government has to be responsible for the pain they are causing to people. Sir, there is considerable pain. This pain is not only restricted today to the rising prices of essential commodities but even to medicine prices, which we discussed in the morning.

Positive examples from States

One of the solutions we are offering, Sir, is to learn from some of the States that have made significant progress on how to curb price rise. Sir, my first suggestion, which my colleagues here in Parliament had made in December 2015, is when you are importing, you are importing from faraway African countries. The positive suggestion we made that time was, by all means import from there, but also import from the neighboring countries.

Sir, there are a couple of other things that are working very very well in Bengal. According to the Economic Survey 2015-16, the lowest rate of inflation in this country, less than 3%, is in Bengal. This was achieved due to monitoring of prices of the essential commodities by task forces we have set up. A lot of work has happened in Bengal but I am here not only to blow the trumpet of Bengal but also to share three or four significant schemes which are operational in Bengal, and which I believe can be taken as examples (Kanyashree, for example, has become Beti Bachao Beti Padhao).

There is a scheme called Sufal Bangla, through which fair price shops in Bengal are selling pulses and vegetables at a much lower rate because they are purchasing them directly from farmers. Sir, this is making a significant impact. My friends from different States, who will be speaking, will all have their own suggestions to offer.

Good luck wasted

Sir, I have two or three specific suggestions with which I will end. In this issue of price rise, what has bothered me most is that this Government has inherited good kismet, good luck (the global price of crude oil, which was at 110 dollars per barrel is now down to 45-47 dollars per barrel). But they have not been able to translate the good luck. There are at least six to seven countries where the price of petrol has come down or gone up by a maximum of five or ten cents. But in India, Sir, those benefits are not being passed on to the consumer. On one side they say ‘acche din’ but the ‘achhe din’ is not for the larger percentage of the people.

Follow the example of Bengal

Sir, I have three or four very simple suggestions to offer. One, to curb the distress selling by farmers, set up air-conditioned vehicles for transport of vegetables. We have 40-50 such vehicles in Bengal and it has worked, Sir. In Bengal, the retail price of potato is Rs 14 per kg which is being sold through the fair price vegetable shops. Sir, these are the big issues. Sir, there are test drives conducted by the State government to help control the prices.

Focus on basic issues

Sir, I have to say, this Government is very good at communicating on Twitter, Facebook and other social media sites. But when it comes to these basic issues, they have forgotten who are the people that gave them this historic mandate in 2014.

Sir, I will end now. All I have to say is that at the end of it all we will judge this government not by what figures they give.

Fudging data won’t help

I will end with a story. There was a person who had a problem: ‘what is two plus two’. So he went to a mathematician, who said that two plus two is four. The same person then went to an accountant, who told him that two plus two is four, plus minus 5 per cent. This person then went to an economist who was a part of the government. When he asked the economist what two plus two was, the economist closed the door, called him close, and made him sit. Then he asked the man slowly what he actually wanted the answer to be. This is the situation, Sir. Fudging of numbers is not the solution we want to see.

When we come back after 30 days or 60 days this government has to be responsible for bringing down the prices in those 30 odd markets of India, for which I have submitted the papers, and the rest of the country as well.

Thank you, Sir, for giving me this opportunity.

 

 

Kalyan Banerjee speaks on The Lokpal and Lokayuktas (Amendment) Bill

Madam, on last Monday in the Business Advisory Committee meeting I said that we need to talk on this and give us time and please do not list it for Tuesday. But the Government said that it was very urgent. We agreed for listing it on Tuesday. But we said we want to have a discussion. We said at that time that we have certain points to raise on this. But we are not getting that opportunity here to discuss it. I can appreciate the urgency.

Hon. Minister, I would like to ask you a question. Is there any concept in the mind of the Government that NGOs should be kept beyond the scope of this Act whether it is running a media house or running an educational institution? Educational institutions have now become commercial. Where is any charity in educational institutions? Only in a very few places there are educational institutions which are doing this charity.

It is alright that the Bill is being passed without discussion. But for the benefit of the country please do not make any attempt to dilute the Act itself. There should not be any dilution. NGOs are also responsible. NGOs are taking money. Simply because an NGO is running a media house and therefore they should be kept beyond the scope of this Act is something which we are opposing.

Derek O’Brien’s supplementary question on the prices of essential drugs

Sir, the Minister, in her reply of five pages, gives a good certificate to the Indian pharmaceutical companies in a very positive way. Sir, in light of that, here is my supplementary question.

It is about 74% FDI in pharma, which can also go up to 100% by just having a cursory review by the Foreign Investment Promotion Board (FIPB). Sir, if you look at the Parliamentary Standing Committee recommendations of 2013, this increase in FDI would lead to the increase in medicine prices for the common man. There is this policy in Bengal in which 48-77% discount is being given on medicines.

So, my supplementary question is, what steps is the Government taking to make medicines affordable prices, and ensure that prices are not affected by FDI.

Here is the second supplementary question. In January 2016, the Central Board of Excise and Customs (CBEC) removed the limit of 5% customs duty on import of 61 drugs and withdrew customs duty exemptions from 15 drugs. These will now see an increase in duty from 0-5% to about 10%. Some of these medicines are on the National List of Essential Medicines and the World Health Organisation’s list of essential medicines and include critical drugs like Cancer and Thalassemia drugs. Prices of these drugs were expected to rise by 5-20% if cost of duties is passed on to customers. What is the current status of these exemptions and has the Government taken any steps to ensure that the cost of these exemptions are not passed on to consumers and domestic producers?

Saugata Roy speaks during Zero Hour on reports of shifting Tea Board HQ from Kolkata to Assam

Madam I want to raise an important issue today. The Tea Board of India has been set up under The Tea Act to act as an intermediary between the Ministry of Commerce and the industry. It would collect cess from the industry and distribute the same as subsidy to tea gardens. It would also promote the Indian tea overseas with office in European Union Headquarters in Brussels. The Headquarter of Tea Board is in Kolkata.

Recently, in the name of decentralization, Tea board Headquarters is being denuded of all powers. Large numbers of employees have been transferred all over the India. Recently eleven group D staffs were transferred to Delhi which is against all norms. It seems that there is a conspiracy to shift the Head Office of the tea board from Kolkata to some place in Assam. 29 Tea Board employees were transferred from Kolkata to Assam recently. The ruling party in its Manifesto for Assam elections promised shifting of the Head Office.

Such a move will be opposed by the people and the Government of West Bengal. Before the West Bengal elections, the Commerce Minister had announced that seven tea gardens would be taken over by the Tea Board. Nothing has happened in the matter while workers are starving. I urge upon the Central Government to take immediate steps in the matter.

Sugata Bose speaks on The Lokpal and Lokayuktas (Amendment) Bill

Madam, may I just say one sentence that this is a sensible move on the part of the Government and I hope that the Standing Committee will make sure that genuine philanthropic and charitable work does not get adversely affected by the provisions of the Act. The phrase public servant has to be properly defined when the larger amendment comes.

Thank you very much, Madam Speaker.