Debabrata Bandyopadhyay speaks on the Securities Laws (Amendment) Bill, 2014 | Transcript

I rise to support the Bill. This is a three in one law. It simultaneously amends the Securities and Exchange Board of India Act, 1992, the Securities Contract (Regulation) Act, 1956 and the Depositories Act 1996. This is a fairly complicated piece of legislation, which requires a thorough knowledge not only of the laws it seeks to amend but the complex functioning of financial market.

The Securities & Exchange Board of India Act, 1992 was enacted for the purpose of increasing the confidence of investors. But unfortunately, the act was not implemented in the true spirit. Inaction on the part of the authorities under the SEBI Act and lackadaisical attitude of the authorities under the SEBI Act have resulted in the act not being properly implemented. Steps were not taken against erring stock brokers, sub-stock brokers, share transfer agents, other intermediary and non-banking institutions who are actively associated with security market and to refund money to the poor investors. In the interplay of sharks of the money market they lost out totally.

Chit funds have grown in the country like mushrooms in the last three / four decades. They have history beginning in southern Indian States and then spreading across the country. 3 or 4 decades ago, the Sanchayita scam came to light. Thousands of families were ruined and the culprits got away. This chit fund menace continues to grow, unchecked through the 80s and 90s in different names – cheating unwary investors. Most of these chit funds were not registered under the SEBI Act for long three decades. These unregistered chit funds functioned to maximise profits for themselves, caring nothing for the investors. Investors were left in the lurch. There is no point in blaming anyone for what had happened. But my fervently appeal to the Finance Minister to prevent any further mischief and to protect the general investors who had been the unfortunate victims of the foul game of the financial operators in the market. We are happy that the Government has come forward to protect the unwary investors from falling victims to the sharks who operate in the money market to maximise their own or corporate gain at the cost of investors. Once the Bill becomes an Act, SEBI would have powers to call for information not only from the people or entities associated with the securities market but also from persons who are apparently not directly associated with securities market.

Besides the capital watchdog would get increased powers to crack whip on illegal investment schemes. The Bill aims at protecting investors as well as to curb for fraudulent investment schemes thriving at the expense of innocent investors.

We are happy to note that to deal with huge pendency of cases, special courts would be established for the prosecution of offences under the securities law to provide speedy trial. This is a welcome feature.

To keep the credibility of SEBI we would caution the Government not to use its powers to settle any political score.

While appointing Chairman, the Government has to ensure that candidate has the highest credibility to have investors’ confidence.

In West Bengal we have a bad and long history of the activities of such chit funds last 40 years. This is not phenomenon. The case of Sanchayita is well known. SEBI should proactively try to control such mushroom growth of chit funds in whichever name they operate. The Trinamool Congress would always support any pro-people such activity. But SEBI should not convert itself into another CBI.

May the FM consider two observations:

 

  1. The opponents of this Bill may say that giving such powers to one body may lead to misuse and make this legislation draconian. There is a clause to summon anyone not even directly connected with the matter. However, the pluses in this Bill far outweigh the negatives.

 

2.   Consider an orderly exist to such schemes so that small investors are not inconvenienced. We must do all at it takes to standby the smallest investor who looks to                    us to look after his interest.

Aparupa Poddar speaks on the Railway (Amendment) Bill, 2014 | Transcript

Thank you, Sir, for allowing me to speak in this august House. I thank my hon. Chief Minister, Ms Mamata Banerjee and the people of Bengal, who have voted and sent 34 MPs from Bengal.

I rise to speak on the Railway Amendment Bill. The Bill adds a new section 124 (b) to the Railway Act, 1989 to empower the Railways to deny compensation claims if it feels that the victim has fallen down from the train due to his/her own fault. The Ministry has also sought to make the Zonal Railways, in whose jurisdiction an accident takes place, a party to claim so that the authenticity of the claim can be ascertained.

Now, Sir, I would like to say accidental deaths due to falling from trains are not only due to the negligence of passengers. Most of the passengers who die due to accidental falling from trains are economically poor people who cannot avail reservation in upper class facilities and travel in ordinary second class compartments where number of passengers exceeds the number of seats. Hence passengers near the gates accidentally fall from the train. Thus, compensation in such cases of accidental falling should be considered, I urge the Railway Minister.

It would be practically impossible to prove that accidental falling is due to negligence of the passenger and not the Railway. Hence, I propose such cases should be considered sympathetically and the propose Amendment should include this part of the compensation process. The proposed amendment should include the time frame within which claims of compensation will be settled by Railways. Generally the enquiry to determine the cause of negligence is made by Railways. I propose that the ‘Enquiry Committee’ to determine the case of negligence should include representatives from the passengers’/Railway Users’ body. This will ensure transparency and timely compensation, Sir.

The rationale behind the Amendment is that the Railway finds that 98% of the accidents that reach the Claim Tribunal are due to accidental falling. The number has risen from 136 in 1995 to 8175 in 2011 as mentioned by the Minister. The average annual payment of such claims has been above Rs 134 crore, rising from Rs 26 lakh in 1994-95. The Railway feels that there is an organized racket and they have brought the Bill to prevent malpractice.

I feel the bill is anti-poor people. The Railways officers have been trying to bring the Bill since 2008, but in 2009 former Railway Minister, Mamata Banerjee, felt the Bill was against poor people. So the Amendment will make it more difficult for the poor people who are genuine victims of the accidental falling from trains. Presently a victim or surviving relatives can register a claim’s case at the place where tickets were purchased as well as at final destination. This should not be changed. The final compensation amount should be determined keeping in view the economic condition, asset liabilities and earning capacity of the affected passenger. The corruption is in railway bureaucracy and law will only change it. Railway should ensure that all those poor people suffering from Railway accidents are compensated adequately.

Thank you.

Kalyan Banerjee speaks on the Securities Laws (Amendment) Bill, 2014 | Transcript

Today I am very candid; I have a very little knowledge to give advice to the finance minister on the aspect of a law, and I am not doing that. Take it that today I am trying to assist you, the opportunity I had got earlier, in earlier 90’s when working as a junior with you in few matters. Never think I am trying to give you any suggestion. I am too small for that.

Sir, the Securities and Exchange Board of India Act, 1992 was enacted for the purpose of increasing confidence of investors in investment. But passage of time has proved that neither authorities under the SEBI have acted in true spirit of the Act, nor the Act does have appropriate provisions to pin out the real culprits. Inaction on the part of the authorities under the SEBI Act, lackadaisical attitude of the authorities under the SEBI Act have reduced the entire spirit of the Act in our country. Sufficient provisions were not there; because of the inaction and the non-making of the provisions, steps were not taken against the erring stockbrokers, sub-brokers, share transfer agents, other intermediary and non-banking institutions who are associated with the securities market, and to refund money to the poor investor itself.

Sir, chit funds have grown up in the country like mushroom. In our State, from 1984, large number of chit funds have been started to function. But these chit funds have not been registered under the SEBI Act itself. And for long three decades (SEBI Act has come in 1992; before that the another Act was there), the chit funds which have not been registered have functioned according to their own whims and nobody has touched them. I am not blaming the current finance minister at all or the finance ministry. But I am just pointing out, Sir, since you are here, I can expect that under your supervision the provisions of the Act should be implemented throughout the country very expeditiously as soon as possible.

We are happy that, based on the experience gained over the years gone, this Amendment Bill 2014, provides for stringent provisions for adjudication and special court for dealing with the offences. Sir, in our country there is no dearth of law, sufficient laws are there; problem is their execution. Acts are not being executed in time by the authorities. The authorities under the SEBI are not executing the Acts at all. Possibly they have not understood what are the aims and objectives of the Act itself and what are the responsibilities given to them.

Sir, I will request in future the government, specially the hon. finance minister, to consider making a provision for taking steps for refunding the money of the poor investor. Sir, I want to just intimate you, you are aware about the facts that in our state. In Sanchayita’s matter Calcutta High Court has exercised the jurisdiction and appointed a committee, whose function is to return the money to the poor investors. And those orders have been upheld by the Supreme Court. For last 20 years the matter is still continuing for the purpose of returning the money to the investors. Because SEBI Act did not make such provisions earlier at all. Why no steps have been taken by the authority under the Act for decades together against the non-financial institutions dealing with the chit fund who have not registered under the Act at all?

Sir, I have a very humble view I am expressing to you. Why the title is chit fund? The reading of the title would say the country is encouraging chit fund. On the contrary I have a suggestion, in future try to amend the title, at least the Chit Fund Regulatory Act may come; this type of title is not at all encouraging one. The code under the act is an institution, I am not oblivious to the fact that the appointment of the Chairman of the Board was under challenge and the Supreme Court has upheld it. That is the question of legality. The person should be very clear man, clean man, nobody should speak against him.  This standard is needed for someone who would be the Chairman of SEBI.

Sir, it cannot afford for the sake of vibrant democracy, to be politically motivated, its functions should be transparent, and it should have complete autonomy. It should not have any political agenda. It should act only for the public interest. It should not act as another Central Bureau of Investigation in our country. For decades we are seeing CBI is only being used for the purpose of politics. It should not be used like that. CBI has not given anything Sir. I am telling you a fact, in 8 cases in our State, CBI has not yet completed the trial at all. Handing over cases to CBI is now a fashion today. Sir, I have a suggestion. Please tell the Income Tax Authorities Sir, I have a small suggestion, to investigate who are the big investors in chit funds, what is the source of their money for investing in chit fund etc.

Sir my experience of a body like tribunal is not good. I tell you two weeks back, I had to go to the Company Law Board at Calcutta; the matter was after recess, it was a first matter. The judge came at 3.45 PM. Almost all tribunals Sir are functioning like this. Mr Jaitley is here as finance minister and is a top legal luminary of our country; I have deepest respect for him. Since you are here kindly make them act, I mean all the tribunals so that they function properly and on time. They should act independently without having any political agenda, without having any motive. There should be a standard for the people in SEBI, Chairman or any other members of the Board. Their behavior, conduct, past records and everything should be above all boards.

Sir, in our State we have enacted an Act akin to the amendment but incidentally and unfortunately because of the communication during the tenure of last UPA, the act did not get the assent of the hon. President. Kindly do not behave like the last UPA II, kindly instill confidence under your leadership. The investors should get confidence, people should get confidence and believe that there is a person under whose supervision all the erring persons will be booked and trial would be made.

In the Clause 22 you have made a provision that a High Court Judge should be appointed, having background experience of such cases; he should be appointed in the Board itself as a Chairman, Similarly you have made a provision that with 7 years experience as an advocate, he can be appointed as a prosecutor. My humble suggestion to you Sir is that provision should be made for having experience of the criminal trial. This is my humble suggestion to you for future consideration. With this I thank you Sir, for giving me extra time. I am grateful to you.

Derek O’Brien’s speaks on The Finance (No.2) Bill, 2014 | Transcript

My colleague who spoke on the budget debate of the Trinamool congress made 5 broad points, I do not wish to touch on any of those points today and instead focus our comments, direction and suggestion on the finance bill. The 5 broad points made by us in the budget’s debate was one to seriously consider the recommendation of the finance commission which recommended that there were three debt stressed states of Punjab, Kerala and Bengal. Two, the 2nd point we made is that the debt moratorium for Bengal for fiscal imprudence which has since changed to fiscal prudence.  The third issue we raised was a big issue of black money, fourth was of sharing of taxes between the state and the centre and fifth all our focus there in the speech was about 33% of in India, the poorest of the poor. In the finance bill we will restrict most of our comments to the middle class. A hundred sixty million a few years ago will become as per estimates two hundred and seventy million in one or two years. 270 million equivalent to the population of Brazil and UK put together. This middle class is typically is divided into two broadways, the seekers who earn two lakhs plus and what they call the strivers a little more than that.  And I think in this budget if you really look at it we were trying to put it in a mathematical formula, this is what the formula looks like PC = AJ = 4.1. Now this basically means, first let me dwell on 4.1, Congress a few months ago came up with a 4.1 fiscal deficit no., the current government has stayed with the no.and this has been an opportunity if that no. had not stayed with and this was a great chance to take some of the stress away, some fiscal space provided so that the middle class could be benefitted because the middle class has been suffering double digit inflation in last 6-7 years and in last 2-3 years total absence of job. Maybe the Finance Minister in his wisdom did not want to go with 4.1 because he thought the markets would tank, credit rating agencies would down grade us, corporate would find it very difficult to raise money from abroad.  However, this was a golden opportunity lost because as I said if PC=AJ=4.1, eventual winners were babus of north block.  Now to get to some specific proposals;

First one, Service Tax – Service Tax contributes 60% of the GDP, I will make 5-6 points in the time permitted..so service tax contributes 60% of GDP, 12% approximately of direct tax, very good.  Some people are left out of service tax.  We do not want to grudge those people like

those indulging / pursuing in arts, culture, sports, they are out of the service tax net fine…quiz masters have to pay also what to do…but on a more serious note, Sir, the former Prime Minister, former former Prime Minister had not exempted lawyers.. now I have lots of lawyer friends who wouldn’t like this, but when the previous, that’s why my formula works PC= AJ, lawyers got exempted and again lawyers have been exempted of this service tax so large legal companies are not paying service tax.  Chartered Accountants are paying Service Tax from Oct 2008, so our first clear suggestion is  large law firms,  diagnostic firms, huge diagnostic firms are not paying service tax, please bring them into service tax.

2.  Our 2nd observation, again this is the PC=AJ syndrome which you can also express in a boring way Congress = BJP syndrome.  Lets look at another no. this is for super rich surcharge – Trinamool congress believes  yes someone making over one crore of money and you have levied a surcharge on that one crore 10% surcharge, good, previous Finance Minister did it but this is  where we have an issue, the previous Finance Minister gave us an no. 42800 people across the country are earning a more than one crore so you levy the surcharge.  This time it was continued, Sir, 42800 people there are more people than that in south extension, west andheri who are earning more than one crore. Please seriously look into this no. as this no. can go 4-5 times over than this.  Sir, three quick points on personal tax, as I said we are restricting all our comments today on the finance bill and not giving you some broad ..ahh…macro picture which we finished in the budget.  On Income Tax 2 to 2.5 lakhs you have raised that too and to 80CC exemption 1 to 1.5, so the approximate savings on Income tax in this bracket will be 5000 rupees however if the BJP themselves take a look at the standing committee recommendations of Yashwant Sinhaji there itself the standing committee talks about three lakhs, the first one taking that upto three lakhs and taking the 80cc to two lakhs, we are optimistic  that you did not address it this time, maybe February March, will be when middle class India is looking upto you.  Interest on borrowed capital up from 1.5 to 2 lakhs very welcome, quick point here, tax on debt

oriented funds, Tax on debt oriented funds how did it work before this if you had it for 12 months you did not have to pay capital gains fair enough, now that no. has become not 12 months it has become 36 months ok we like something here, we don’t like something here, what we like is the fact you have taken it upto 36 months for some corporates will be misusing this 12 months to avoid capital gains…if you want to penalize the corporate for doing that you might want to, but you either have two options here, don’t penalize the individual who is using this, so the option maybe if the individuals are allowed to pay this and give them the benefit of capital gains in 12 months or you set a cap.

3. Next point Sir, Corporate Social responsibility we have a quick point here… 2% of corporate social responsibilities, large companies earning more than 500 crores now you are not going to make that 2% tax free , good, what happens and this is a key point, what happens to those companies not meeting your company act, specifications, smaller companies, a company earning 1 crore, 1.5 crores, they want to make a contribution, maybe 5 lakhs 10 lakhs, I think, we are putting them off if we are going to tax that…please consider, go ahead with your 2% tax for the big guys but you know some companies want to give 10 ambulances, 4 pumps, he is making a profit of 10 lakhs or he is not even making a profit, please consider this, do not tax that corporate social responsibility because people will be discouraged to do welfare.

4. On Indirect Taxes, a quick point on indirect taxes, now central excise and service tax, if you want to make an appeal, a pre condition on appeal was not there and now you have a pre condition for an appeal saying that to make that appeal you have to pay 7.5 or 10% upfront cheque. ..this is dangerous, because this is dangerous, this will make income tax officers, there are many honest officers around, this will make them feel a kind of greedy so don’t put that condition.

Sir my last two points, we make these broad comments some specific comments, broad comment on tax and that is tax culture, we would like to leave you with a thought that you

know that there has to be a change in the perception the way we pay our tax otherwise you know taxation today is still seen as a fear psychosis, I know in 1970 if you earned 10 lakhs 9.70 go in tax, today if you earn 10 lakhs only one lakh 25 thousand goes into tax, very good.  But there has to be a tax culture, you need to reward high profile tax payers, you need to reward corporate and you need to make a big shu sha about it, you all are very good in running advertising campaigns, big ones which works successfully I will agree, please look at this tax culture and remove this fear psychology .

The last point Sir, if you are looking at models we will tell you one model to follow because no model is better is the one where the nos work; one state in India tax collection in 2011-12, the tax collection was 22,000 crores, 2011-12 22,000 crores, 2013-14, from 22,000 crores, 2013-14 the figure is 40,000 crores, the increase is a whopping 87%. You ask me which state,87% increase in the state of West Bengal under Mamata Banerjee’s government inspite of the all the media bashing and the fiction lots of great work is happening there including this tax collection, two ways we managed to do it for the state one e-taxation, two better compliance..this is work in a state and I am sure if it is put to work in the centre..thank you…