Kalyan Banerjee speaks on The Factories (Amendment) Bill, 2016

Kalyan Banerjee speaks on The Factories (Amendment) Bill, 2016

Posted on August 10, 2016 | by aitc | Leave a Comment

Thank You, Deputy Speaker, Sir.

I am really sorry to inform this august House that this is an anti-labour Bill and slowly, and very intelligently, this government is interfering the federal structure of this country.

Sir, if you see sections 64 and 65, the entire power is rested with the State government to frame rules and the mechanism which is there under the Factories Act will be implemented through the state government officers.

Now see Sir, by this proposed amendment, under clause 3, sub-clause A, for the words ‘state government’ wherever they occur, the words ‘central government or as the case may be’ state government shall be substituted.

Therefore the primacies have been given to the central government and state government is coming later on. Earlier it was not there. Even in the Bill brought in 2014 it was not there. A new procedure is being adopted and this is an attempt to interfere with the federal structure. The Hon’ble Prime Minister speaks about cooperative federalism and here the central government is interfering with the federal structure.

Now ‘as the case may be’ has not been defining. Therefore if one day the central government feels that it will frame rules for a particular industry, they can do so; the powers of the state government will be diluted.

But the implementing agency will be all the chief inspectors. Responsibilities will be with all the inspectors. In case of any violation, the officers of the state government will have to face it. The sections 64 and 65, clause 3 sub-clause A hit the basic structure of the Factories Act itself.

Now I come to the second point regarding the increase of the overtime period, that is 50-100, and sections 65, 75-115. Therefore the overtime will be increased. At whose insistence it has been done? Who is asking for this? Who has said so?

We must not forget when the Factories Act came into force, the original Act passed in 1948, in the second paragraph of the object and reasons, says: “Scope: The proposed legislation differs materially from the existing law and several respects. Some of the important features are herein mentioned. Under that definition of factory in the Act of 1934, several undertakings are excluded from its scope but it is essential that important basic provisions relating to health, working hours, holidays, lighting and ventilation should be extended to all workplaces.”

Sir, let me give an example of a legislation about security measure, social measures – the Provident Fund Act. Nobody knows what is that amount of money that would be deducted. No worker wants it. Why has it been done? After retirement, he should lead a good life, he should get a lump sum amount.

If we read Section 51 of the Factories Act, it has been said there regarding working hours that ‘no adult shall be required or allowed to work more than 48 hours in any week.’ Why? To protect his health. A man may need money but the State is the guardian of the citizens. He has to bring social security laws to protect him. If overtime is allowed, it will adversely affect the health condition of workers.

Who has demanded this? Not a single worker has demanded this. This is a demand from industrialists who have access to the Honourable Ministers of the Central Government. Why so much work time? If indeed overtime is needed, why not create scope for new employment? Then overtime is not needed. Even overtime is needed for workers, which is perennial in character, then employment created, Sir. Give new employment.

Sir, I’ll give an example. In 1981, my second appointment was as a trainee labour employment officer in West Bengal. Sir, every day I used to see, a worker used to come to me and wanted to have overtime. But he was not in a position to do extra work. I said, how can you do more work after working eight to ten hours? Even one extra hour would affect your health. The question is not about giving them money for overtime. The State is the guardian. Parliament as a legislature must see that health conditions are protected.

The Honourable Labour Minister has referred to the International Labour Organisation’s (ILO) recommendations. I agree with you. But tell me, is the condition of any factory in Britain, America, Canada or Switzerland the same as here? Certainly the conditions are not the same. There a factory is like a corporate office. Here if you want to walk into a factory, you need to cover your nose with a handkerchief. Therefore ILO’s recommendations, which are not mandatory, differ from country to country. Our country doesn’t permit that. The factories in our country are not in that condition. Sir, in my constituency, there are so many jute mills. If anyone goes there, they would see the hazardous health conditions of the workers. ILO’s recommendations should not be extended to factories which are in this condition.

Sir, in the 3rd report of the Ministry of Labour Standing Committee in the Factories Amendment Bill, 2014, there was an observation in Part 2 (VI) regarding the overtime, in the second paragraph. I read it: “they therefore desire the Ministry to distinguish those industries/seasonal practice where increasing the overtime is inevitable and make necessary amendment in the related clause with adequate safeguards so that unemployment problems is not aggravated.”

So our Standing Committee has taken care of distinguish those industries. First you identify the industries, it is inevitable, you cannot do it. Adequate safeguards are necessary, so that the problem of unemployment is not aggravated. If you continue with overtime, then new employment scope will not be there.

Therefore this is a Bill, which I oppose. It is anti-labour and is hitting the basic federal structure. Sir, I have a real question, at whose pressure are you bringing this Bill? Why are you in a hurry? This Bill was pending since 2014 Bill. Now in our country, a group of industrialists have become very powerful. Under their pressure so many Bills are being brought. Is it the pressure of industrialists from Gujarat? Is it the pressure of industrialists in Maharashtra? Is it the pressure of industrialists from Madhya Pradesh? Not a single worker or trade union of West Bengal speaks of the increase in overtime in this way.

I am shocked. I have 35 years experience working in labour and service matters. And I go to other states like Jharkhand; nobody wants this Bill. So under whose pressure are they working? Sir, MPs are asked to work till nine o’clock everyday, after three days, you will see that 50% MPs are not here.

Therefore by this process kindly do not bring in Bill. This Bill signifies a new process, a new idea, a new innovation of the Modi Government to interfere with the federal structure of this country. Therefore, I say this is an anti-labour Bill.

Thank you Sir, for giving me time to speak.

Kalyan Banerjee speaks during Question Hour on re-employment of retired bureaucrats

Posted on August 10, 2016 | by admin2 | Leave a Comment

Experience speaks. After retirement many bureaucrats, and even the judicial officers, are sent to tribunals etc. Who are these bureaucrats? Those who are in favour of the government of the day. Madam, they are sent to the tribunals and all they do is occupy the chairs. This is our experience.

Why are serving bureaucrats not appointed to administrative tribunals? What is the need to re-appoint retired bureaucrats? Then the system would be more beneficial.

This government is in power today; some other party will form the government tomorrow. This government will appoint their favourite people to the tribunals.

Madam, I have a question to the Hon’ble Minister to this extent. Would he kindly re-think about the appointment of retired Bureaucrats. Will you bring the bureaucrats who are in service and have the accountability?

Kalyan Banerjee speaks on external support to insurgent groups during Question Hour

Posted on August 9, 2016 | by admin2 | Leave a Comment

The Hon’ble minister has given a written reply. I have never seen such a cryptic reply of any Ministry in respect of such an important issue. So cryptic, I cannot imagine. This is not a reply at all.

For more than half a century, the people of North-East India have seen an unending cycle of violent conflicts dominated by insurgents with demands ranging from outright sorority to getting political autonomy.

Insurgency has taken a toll on thousands of lives of both of security forces and citizens. The root of insurgency in the North-Eastern region is imbedded in the geographic history and host of socio-economic factors. Ninety-eight percent of the borders of the region are international borders. While the population share is 3.90 crores (a mere 3 percent) but between 1951-2001 it has gone up by 200 percent.

Madam, there are recommendations of a high level commission regarding the transformation of the North-East.

Eight recommendations were made by this commission, constituted by the Centre:

A North-Eastern council should be implemented to fill the gaps in the infrastructure of the region.
A comprehensive framework to be involved and put in place to promote the region as a preferred investment destination.
A transport development fund to fund construction of important road corridor should be taking a set up.
Comprehension implementation of Look-East policy though relevant for the country as a whole is especially important for the long term board of the north east.
The agenda for the implementation must be prepared in active association with the State Government.
Rail connectivity has to be made.
Greater efforts are needed to establish bank branches and other credit disbursement
Setting up of Centers of Excellence for professional higher education in North-east.

There is a need to make an in-depth study. In 50 per cent of the border area, there is no fencing till now.

Madam, my question before the Hon’ble Minister is that whether the central government has gone through the recommendations made by the high level commission regarding the transformation of North-East. If so, what steps have been taken?

Second supplementary question

It is a fact that this central government has stopped the ‘Operation All Clear’ and ‘Operation Golden Bar’ – a joint military operation on the soil of neighbouring countries along the North-East border to pass out the insurgent militant grants.

If so what are the reasons? What is the cause behind the failure of the government to stop the repeated insurgency in the North-Eastern region of the country?

Kalyan Banerjee speaks on The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014

Posted on August 8, 2016 | by admin2 | Leave a Comment

Thank you Hon’ble Deputy Speaker, Sir. At the very outset let me make our party’s position very clear that we are supporting the Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014, which along with the amendments, has been brought to our House. After the Constitution Amendment Bill was passed in the Rajya Sabha few days back our Hon’ble Chief Minister Mamata Banerjee welcomed the Constitution Amendment Bill. Our party is supporting this Constitution Amendment and GST for the last one decade for the benefit of micro, small and medium enterprises.

These small and medium enterprises are the backbone of the economy in terms of providing employment in our country. Therefore, a single tax imposition through GST will help heavily and our party supports that stand. Our leader who is the most popular leader of Bengal – last election has proved that – The Chief Minister of West Bengal, Mamata Banerjee extended hands of co-operation for bringing the present Constitution Amendment Bill.

Let me remind this august House that on 5 May, 2015 in support of this Constitution Bill, I took part in the debate on behalf of my party and supported the Bill but made few suggestions and requests. Sir, the proposed Constitution Amendment and GST would subsume various central taxes – like excise duty, additional excise duty, service tax, countervailing or additional customs duty, special additional duty of customs etc. – as well as state level indirect taxes – VAT, sales tax, purchase tax, entertainment tax, luxury tax, octroi, entry tax etc.

Once the Bill is passed there will be a national-level central GST, state-level GST and I-GST spanning the entire value chain for all goods and services with some exceptions. Mechanism for resolving may be decided by the GST Council itself. No doubt, that it is one of the biggest tax forms creating national market for goods and services.

The GST had been stall for long years because of debate between the two national political parties – the Congress and the Bharatiya Janata Party. And country has suffered for that. Economic reforms are a continuous process and seamless. The Indian economy felt that it has come of age to try out a unified taxation system such as VAT or GST.

Although we are supporting the Bill. We are having few points which need clarification from the Hon’ble Finance Minister.

Number one. In a meeting of the Empowered Committee of State Finance Minister, all States unanimously voiced their concern about the problem of dual control under GST by Central and State tax authorities on taxpayers, in respect of micro, small and medium enterprises, and the resultant effect of the hardship on the small taxpayers. A discussion took place in the Empowered Committee on 14 June, 2016 in Calcutta in the presence of Hon’ble Union Finance Minister.

The States unanimously voiced that dual control on these classes of taxpayers will increase their cost of compliance and put them under great hardship. It was pointed out by all the States in the presence of the Honourable Finance Minister, ‘as these taxpayers constitute almost 70 per cent of the tax base but have minimum revenue potential, the dual control will make it difficult for the Centre and States to roll out GST.’

Let me give one example. Let us consider the case of a lady who is running a beauty parlour, which is a small enterprise. That beauty parlour will come within the context of dual control. Therefore, I am making a request to the Finance Minister to exclude micro, small and medium enterprises from the purview of dual control when the GST Bill will be brought to Parliament in the future.

My second point. In the case of I-GST, it is expected that State revenue should not be adversely affected.

My third point. The issue of GST compensation was discussed in the last two meetings of the Empowered Committee that were held on June 14 and July 26, 2016. The States had unanimously agreed that the compensation should be paid in full for a period of five years. This sentiment of the State was shared with the Honourable Union Finance Minister, who was appreciative of the concerns of the States; I must say that. He assured the committee that the Centre is committed to give full compensation for a period of five years.

The proposed amendment which was brought today in Lok Sabha has incorporated the suggestion of the Empowered Committee, but there is no mention of payment of full compensation. But the Honourable Finance Minister, on the floor of Rajya Sabha, committed to the full amount of compensation. Sir, I need a clarification through you from the Honourable Finance Minister that what do you mean by full amount of compensation. Kindly clarify that part. That is a very important aspect for which we need an answer from you.

My next issue, number four, is the tax rate under GST. It is often called revenue neutral rate and is something to which the Empowered Committee has applied two principles. The first is that the GST tax should not be so high that it would adversely affect the common people through inflationary pressure. The second principle of the Empowered Committee is that the tax rate should be such that the revenue of the States also does not suffer.

Sir, let us hope and pray that the GST gets implemented soon and in a swift manner. Let the Centre get its share of GST and the states, their share of SGST. An inter-state GST mechanism should be made to balance the equation between the two and end the tax competition leading to constant inflation in the country. Let GST bring down prices and push up prosperity and living standards of the people of India.

Sir, I have a request to the Hon’ble Prime Minister today. For every work done in the country, the Prime Minister himself claims the credit. While claiming such credit, the Prime Minister forgets that States are the political executives who work hard for the implementation of the legislative and administrative schemes so that Centre sees the face of success. At least today the Hon’ble Prime Minister, in the august House, must say that the because of the Chief ministers and Finance Ministers of all the states of all the parties, this Bill has been brought and it is Bengal’s Finance Minister, as the Chairman of the Empowered Committee, is the successful claimant of bringing the Bill and getting it passed in the House.

see to our today and understand that what the states are cooperating with you. Because the states are cooperating with you; this is the reason that this Bill will be passed today. Therefore, I request the Hon’ble Prime Minister, please extend your hand of cooperation to the States on a need basis.

Hon’ble Finance Minister, we have extended all our cooperation, now we will watch your actions; how much cooperation will you extend to West Bengal to resolve the problem we have repeatedly brought to your notice. The way the Hon’ble Chief Minister of West Bengal has extended cooperation, the way the Hon’ble Finance Minister Amit Mitra has extended cooperation, I will request to you today, Sir, to give a special package to the state of West Bengal.

Thank you.

Kalyan Banerjee speaks during Zero Hour on the hike in prices of LPG and kerosene

Posted on August 3, 2016 | by admin2 | Leave a Comment

Madam, I stand today to speak on a very important issue – the repeated hike in the prices of domestic LPG and kerosene (PDS & non PDS). As a result of these hikes the general people and poor people are seriously affected.

Madam on 1st July, 2014, the average government subsidy on PDS kerosene was Rs 33.89 per liter which has come down nor Rs 11.49 per liter as on July, 2016. As a result madam kerosene price has been increased.

According to the petroleum planning analysis, subsidy of kerosene was dropped 52% from 2014 to 2015-16. Total subsidy of PDS kerosene was Rs 24799 crore during 2014-15. Now it has come down to Rs 11496 crore during 2015-2016.

Madam kerosene quota has been decreased. Our Hon’ble Chief Minister Mamata Banerjee has written several letters to the Prime Minister but no response is there. Madam, kitchen is literally on fire now.

And regarding the LPG consumers, as on 5 May, 2016 the total number of LPG consumers registered was 50.39 crore. Now the subsidy has been decreased. In 2014 it was Rs 40569 crore and now it has come down to Rs 16074 crore in 205-16.

Madam the Hon’ble Minister on 6 August, 2014 had given a reply that there was no proposal of the government to raise the price of LPG cooking gas and kerosene per month to but in effect it has been increased.

Do baras pehle jo vada kiya tha jo mann ki baat than, woh abhi kitchen mein nahi ghus raha hai. Woh mann ki baat chala gayi, uska koi kaam nahi hua.

Madam, through you I am just making request (demand) on behalf of 125 crore people of the country that they should increase the quota of the kerosene oil, the PDS quota, and they should decrease the prices of kerosene oil. They should also decrease the prices of LPG. Nothing will be achieved by making advertisements.

Build up India will not be achieved unless kitchen is built up and food comes to us. With this Madam, I am requesting the government to respond on this matter.

Kalyan Banerjee speaks in LS during Question Hour on fire in ordnance depots

Posted on July 29, 2016 | by admin2 | Leave a Comment

As reported on 31 May 2016, 130 tonnes of anti-tanks mine blew up at the army’s ammunition depot at Phulgaon, Maharashtra killing 19 people including two army officers. Central Ammunition Department is located about 90 km from Nagpur, spread over an area of more than 7000 acres and stores a variety of ammunitions and explosives in large number of sets.

The CAD comes directly under the Army Headquarters and is responsible for all India supply of ammunition and explosives after receiving them from Ordnance Factories and other sources. The CAD then supplies the items to various ammunition departments and field ammunition depots for their works. Five villages near the CAD were evacuated immediately after the fire had taken place. It is also reported that the Hon’ble Defence Minister went there and visited the spots also.

Madam, I want to know from the Hon’ble Minister, through you, if any full-fledged inquiry from the highest level of Army for the cause of such fire has been made. If so, then what is the fate of such inquiry and whether reasons have been identified and accountability has been fixed or not.

My question was not about the recommendations. what are the reasons of the fire and whether those responsible have been identified or not.

Madam, the Hon’ble Defence Minister has said that during last CES only one incident has happened. On the basis of the report which is available to me, I can say that this is not the case. Another incident had occurred on 8 December, 2015 and five persons were injured when a fire broke out during a regular exercise in Visakhapatnam. There are so many repetitions earlier also. I can give the dates. On 26 March, 2010 a major fire broke out in the Panagarh Depots in West Bengal, but no causalities were reported. But the depot suffered a huge loss. On 4 December, 2008, in Bhuj, Gujarat, two army men were killed in the blaze at the Bhuj depot after bombs exploded during routine inspection of old and outdated ammunition. On 12 August, 2007, 2 army men and a civilian were killed and 40 others injured in a major fire at Ordnance Depot in South Kashmir. On 29 April 2001, a huge fire broke out in ammunition dump of the army’s cantonment near Pathankot, Gurdaspur District but no casualties were there.

These repetitive fire disasters in the Ordnance Depots show the carelessness of the Government. They have not looked into the matter for more than a decade.

My question is whether repetitive fire disasters at Indian Ordnance Depots are caused because of only laxity of the Central Government, deviation from the standard operative procedures in the installation or is there any act of sabotage.

Kalyan Banerjee speaks in LS on the issue of Aadhaar card being made mandatory

Posted on July 28, 2016 | by admin2 | Leave a Comment

Madam, I am raising a very important issue. Aadhaar cards have been made mandatory for receiving financial benefits and subsidies from the Government, including LPG subsidy, Government scholarships, provident fund, pension, food security and other bank transfers.

Madam, in West Bengal alone nearly one crore people have not received any Aadhaar cards from UIDAI. As a result, many poor people have been deprived of such benefits. This mandatory necessity of Aadhaar cards should be removed in the country and it should be made optional.

Madam, the Hon’ble Supreme Court has said that Aadhaar cards should not be made mandatory for receiving benefits from the Central Government. Four states – Bihar, Odisha, Uttar Pradesh and West Bengal – are all raising this issue with the Central Government repeatedly. Our Hon’ble Chief Minister has spoken the Hon’ble Prime Minister and other Ministers also.

Now, Madam, the consequence is this: by reason of non-availability of Aadhaar cards, crores of poor and BPL people are not receiving any benefits. We need an assurance from the concerned Minister that Aadhaar card would not be made mandatory for people to receive benefits.

One of our MP’s mother is not receiving her pension because of Aadhaar card. One journalist yesterday told me in Delhi that his mother is not receiving pension because of the non-availability of Aadhaar card. Therefore, Madam, I request that, immediately this provision of mandatory Aadhaar cards for receiving benefits should be waived until and unless each and every person in this country out of 124 crore people, get Aadhaar cards. It should not be made compulsory, Madam. That is our request.

Trinamool raises matters of public importance in Parliament

Posted on July 27, 2016 | by admin2 | Leave a Comment

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.

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

Posted on July 27, 2016 | by admin2 | Leave a Comment

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.

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

Posted on July 27, 2016 | by admin2 | Leave a Comment

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.