Aparupa Poddar speaks on The Factories (Amendment) Bill, 2016

Thank you, Deputy Speaker Sir, for allowing me to speak on The Factories (Amendment) Bill, 2016.

This Bill aims to ensure the safety measures and promote the health of the workers employed in the factory. I strongly oppose the Bill on the behalf of my party All India Trinamool Congress because we have seen many contractual and casual workers do not have medical check up, no medical compensation. In many plants when workers die, their bodies disappear and as they are contractual workers no records are there; no compensation is paid. It is elementary to democracy that when a worker is working in a factory he or she must work in a secure environment; this is not implemented.

The amendment should cover the loopholes of the law and make them fool-proof. Under this Act the inspectors come to the factory for inspection, they have a healthy relation with the factory owner but please bother to see the environment of the factory.

Does the Factory Act remain unimplemented for decades? Therefore the system of good inspectors has failed and we need to replace it in wider civil concept. In section 56 it is suggested to extend work hours to 12 hours which is totally inhuman and will impact the health condition of the workers. Section 64 and 65 of the Act suggest increasing the overtime hours from existing hours to quarter 100 hours. It is an anti-labour Bill and it is industry-friendly Bill. The provision of safety for women workers who work in the night shift should be looked after; it is the basic need of worker.

The government needs to enlarge the concept of monitoring system, inspection of the system where government official make huge irregularities in carrying out so-called routine inspection in the factory. I recommend this Bill be sent to the Standing Committee.

I would ask only one question to the Hon’ble Minister through you, Sir. Every civilian is allowed to go to the court but when the worker has to go to the court they have to seek permission from the government through Labour Commission which is a very lengthy process. Is the Government thinking anything on it?

It is high time that this government, which is speaking of Digital India, must ensure  that workers’ rights should not be infringed upon. For the last two years the government claims to be working for improving India, but transforming India into a developed nation is not even on the horizon yet.

Thank you, Sir.

 

Sugata Bose speaks on The Taxation Laws (Amendment) Bill, 2016

Mr Deputy Speaker, Sir, I would like to take a part in the discussion on The Taxation Laws Amendments Bill brought before this House by Hon’ble Finance Minister Shri Arun Jaitley.

After the passage of a major tax reform, The Constitution Amendment Bill enabling GST, this is of course a small and somewhat technical amendment to the IT Act and the Customs Tariff Act. Let me at the outset take this opportunity to congratulate our Finance Minister for piloting through The Constitution Amendment Bill. A genuine co-operative federalism requires powers of taxation to be shared by the Centre and the States. And that perspective on federalism means that we should not restrict ourselves simply to working out a fair share of taxes. Seen in that light the States have been extremely farsighted and generous and I hope that the Central Government will recognize the farsightedness and generosity in future in strengthening our federal structure.

After supporting the government on such a major taxation reforms it would be churlish on my part to be overly critical of this Bill that has been brought somewhat suddenly; we have not had the opportunity to study its implications clearly. But as the Finance Minister clearly stated in his opening remarks, this legislation has three limbs and I will make some brief remarks about these three aspects of the legislative amendment that has been brought before us.

First of all there is going to be a change in relation to granite and marble sector. Here I would say that generally speaking our manufacturers ought to be encouraged to be more competitive both in terms of cost and quality.

We should not generally be encouraging protectionist tendencies in our industry and it seems to me that it is little premature to change this particular law increasing the customs duty from 10 percent to the WTO bound rate of 40 percent.

Since the Finance Minister has just considered a little while ago that various non-tariff barriers and the 10 percent customs duty together have been providing effective and adequate protection, we seem to be anticipating something that is happening with the nontariff barriers and I hope that in the course of his reply, Hon’ble Finance Minister will spell out who are the manufacturers and located in which States, who will be the main gainers from this.

At first sight it seems to me there are some manufacturers in Rajasthan who will probably benefit from this raising of customs duties – Nishikant Dubey ji was saying about the beautiful marble used in our historical monuments; that is not particularly relevant to the legislative amendment that is before us today. So I don’t think that it was strictly necessary at this stage but this is a small enough amendment of the customs duty in one particular sector. So we will not go to the extent of objecting to it or opposing it when it is put to vote.

The second limb is something that we have absolutely no difficulty with it. This is because it relates to the de-merger of the public sector companies; there is a particular history to this. BSNL was in fact a sold off in parts and we do not wish the Government which will be in the possession of land and similar assets to be subject to the capital gains tax. So, on the second limb of this tax legislation we are prepared to support the government unequivocally.

I now come to the third limb of this tax legislation and here I think we need to take a broad perspective. What is going to happen here is that there will be attractive incentive, I imagine, being given to manufacturers of governments and apparels. There is going to be a reduction in the requirement of number of days that they have to provide employment to their workers in order to get a particular exemption to the income tax.

As has already been pointed out by my friend from the Indian National Congress, India had a great opportunity as China moved up the scale of manufacturing industries and we could have actually filled the gap left by China in the garments and apparels sector. But I am afraid that we are losing that opportunity, if we have already not lost it. As has been pointed out that there are a number of manufacturers in South East Asia, countries have been mentioned Vietnam, Cambodia, and Indonesia who are filling the lacuna left by China. Then there is our friendly neighbour Bangladesh where the garments industry is flourishing and Bangladeshi export garments are breaking into the world markets. I think we need to ponder here and the Prime Minister’s ‘Make In India’ slogan remains upto this point a slogan and is not being transformed into reality.

I would like to add here that if we reflect on this point carefully, we really need our garments and apparel manufacturers to create more employment, not less. We are allowing them to provide less employment in order to get a particular incentive but we need encourage them to provide more employment and this kind of employment is directly related to empowerment of women. If we look at Bangladesh today, women have been empowered because they have an independent source of income. We do hear of terrible accidents, perhaps of a fire that have taken place in Bangladesh, but overall we see that the garments industry has employed a large number of women, and they have been empowered in terms of gender relations. And that is why I say that the policy of our Government ought to be to generate more employment and provide a safe working environment for the women in the garment and apparel sector. That should be the thrust of the policy.

This has to be said in the larger macroeconomic scenario where in India where we are expecting high output growth accompanied by anemic jobs growth. Everyone in India is concerned about the jobless growth that we are experiencing. There is a raging public debate going on in that particular context and therefore overall I wish to say that the government needs to pay attention to creating more employment-generating industries and the government needs to focus on labour quite as much as the capitalists.

We have very little private domestic investment. Our economies are being powered by FDI inflows and public investment in infrastructure. So, I appreciate that these three changes in our taxation laws will provide incentive to our manufacturers particularly in the granite and marbles sector and the textiles and apparels sector.

But there is far more to  be done if the promise that our Prime Minister made to the youth of this country – that they will have well paying jobs – is to be fulfilled. If that promise remains unfulfilled then it would be a betrayal of the younger generations in our country and the political cost of such betrayal is something this government will have to pay, in many ways.

From the Opposition we are suggesting to the government that in their own interest they need to look more closely at creating more jobs, creating more employment-generating industries and I hope that the incentives provided in these taxation law amendments will provide a way forward in that direction.

Thank you so much, Mr Deputy Speaker, Sir.

 

 

Arpita Ghosh speaks on the demand for dredging of Atreyi river

Thank you, Madam.

My parliamentary constituency Balurghat falls under South Dinajpur district. The Atreyi river flows in this region, which finds mention in the Mahabharata. There are many areas in my constituency which are Mahabharata connection. So, this river is the heart of my constituency. But no dredging has been done here for a long time.

I have brought the issue up with Hon’ble Minister several times. I have raised the issue in the Standing Committee also. My constituency is agro-based region. I would like to request the Hon’ble Minister to carry out dredging in river Atreyi so that the entire region is benefitted.
Thank you very much.

Sudip Bandyopadhyay speaks on problems in the distribution of minority scholarships

Madam, I stand here today to raise an important issue facing the country. It is regarding the problem is distribution of scholarships to minority students. Government of India recently launched a programme for giving scholarships to the meritorious students and it will be implemented through a portal system.

However, students are facing problems while applying for the scholarships because of some problem in the portal. Four lakh such applications are totally pending with the Government of West Bengal and students are rushing to know the results of their fate and how they can get the scholarships.

Naturally, West Bengal Chief Minister wrote a letter to Prime Minister on July 23, 2016. She mentioned that it is a very positive policy; this government is taking care of the welfare of minority students. But since the portal system launched by the Central Government is not functioning properly, the State Government be given the authority to distribute the scholarship amount on their behalf so that the students can be benefitted.

This demand has come from all the members of the House. It has come from the Government’s side also. We support it, let it be implemented.

 

Aparupa Poddar demands increase in grant amount for Indira Awas Yojana

Thank you, Speaker Madam, for allowing me to speak during the Zero Hour. In India, out of 200 million families approximately 65-70 per cent do not have adequate housing facility. Indira Awas Yojana has provisions for shelter of million of rural families belonging to SC/ST, minorities and people below poverty line. But it is very sad to say that in Indira Awas Yojana only Rs 70000 is being given under the scheme.
West Bengal consists of hilly and plain areas and it is very difficult to complete the construction because the amount is very less. So I urge the Government to take urgent measures to fix the grant amount according to the regional cost of the buildings and increase the number of dwelling units. I would also urge the government to give special quota for Arambagh constituency, which is inhabited by rural people belonging to SC/ST communities. Thank you.

 

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

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?

 

Satabdi Roy speaks in Lok Sabha during Question Hour on the violation of EMF Norms

Madam, these days mobile companies are putting up mobile towers even in flats against a monthly sum of money. Will the Minister do something regarding these towers have on those who live in these houses and flats? Will the Minister please give his attention to this issue?

Mumtaz Sanghamita speaks on the Employee’s Compensation (Amendment) Bill, 2016

Hon. Deputy-Speaker, Sir, thank you for giving me this opportunity to participate in the discussion on this amendment Bill. Sir, I rise to speak on the Employee’s Compensation (Amendment) Bill, 2016 which seeks to amend a few clauses of the parent Act which was the Employee’s Compensation Act, 1923, the first ever social security legislation of India.

I am really happy about the fact this Bill seeks to provide certain benefits to the people working as labours and the oppressed and the deprived class of the society. The Government of West Bengal headed by Ms. Mamata Banerjee is the Government of the people and for the people belonging to the lower strata of society. I stand on behalf of them.

The irony is, as has been mentioned by some of my other colleagues also, that the Labour Commissions were set up in 1974 and also in 1989, and made several recommendations, but not a single recommendation was given effect to. Here is a legislation which seeks to include some of the recommendations of the Labour Commission. But the amendment that has been brought about is a simple one. This amendment, of course, is in favour of the labourers. The first amendment seeks to enhance the penalty amount for various violations from the existing amount of Rs 5000 to Rs 50000 which can be extended up to Rs 1,00,000. This is provided for in Section 17(a) of the Act.

But it is said in section 16 that the employer should inform while employing the employee that there is a compensation to be paid if there is an injury or in case of a death next to the kin. This amendment says that it should be in writing or in the digital form, but the problem is that most of our labour class cannot read. So, there should be some witness, while he is verbally narrating it, that he has understood it. It should be there in the amendment also.

Secondly, it is said only about information but there are other statutory notes like depending upon the degree of injury, compensation should be paid. Like in the Factories Act, there should be a provision for safety measures. That is the most important thing. What about imposing a fine if there is no proper safety measure and who is going to look into it? Of course, I know that the Commission has got inspectors who inspect it. Inspection should be ensured and there should be regular reporting about safety in the factory or the working place and that safety is properly maintained there. Otherwise, there should be a regular fine and that fine should be enhanced.

Another amendment is increasing the limit for filing an appeal. Earlier, the provision was that if it was less than Rs300, then they could not file a case. Now, it is increased upto Rs 10,000. My other colleagues have also said that the words, ‘Central Government’ should be omitted so that the Central Government cannot direct them later on. About Section 30A where it is said about payment, I completely agree with it as it is impairing the Commissioner.

My various colleagues have said that the cases relating to compensation are going on for years and years. This issue should be addressed and there should be an amendment in the law so that the grievances are redressed as soon as possible.

In West Bengal, there is a rule that compensation should be paid within three months. To ensure that touts do not get hold of part of that money, the West Bengal Government, has by a notification from the Directorate of Employees’ Compensation said that if the compensation is more than Rs 20,000, it should be paid directly to the bank account of the person or his kin. With these words, I am supporting the Bill.

Aparupa Poddar speaks in Lok Sabha on The Central Agricultural University (Amendment) Bill, 2016

Thank you for allowing me to speak on The Central Agricultural University (Amendment) Bill, 2016.

The purpose of the Bill is to include the state of Nagaland under the jurisdiction of the Central Agricultural University, having its headquarter in Imphal. This Bill helps to impart education in different branches of agriculture and allied sciences, undertake research in agriculture, and extension of education in Hilly regions with national and international institutes.

As agriculture is the main economic activity in Nagaland; more than 90 percent of the population is employed within it, with more than 60 tribes and sub tribes who have their own culture tradition and language. The widespread practice of jhum cultivation has led to soil erosion and loss of soil fertility. Research is required to retain soil fertility. Imphal with a hot and humid rainy season during summer and cool dry winter with fertile land made up of alluvial soil will help the farmers with new techniques thereby contributing to the productivity of agriculture of the region.

This would help in getting over the shortage of technical manpower and infrastructural facilities and would contribute to the development of agriculture including animal husbandry and horticulture, plant pathology, plan reading, soil science, agricultural chemistry.

After inclusion of state of Nagaland under the jurisdiction of Central Agricultural University, the College of Veterinary Science in Nagaland will produce professional manpower in the field of animal husbandry which will facilitate the social economy growth in the region thereby contributing in the productivity of the animals in Nagaland and will be a great blessing for the people of the state.

According to the 12th plan, Rs 14.31 crore shall be expended after establishment of the college of veterinary science in Nagaland which is a very welcome initiative. The state of Nagaland has enormous potential for production season and off-season agricultural foods and vegetables.

But due to proper storage and harvest handling there is a huge loss especially for the perishable items. Funds should be provided for purchase of machineries and equipment with reasonable affordable subsidy policy. The connectivity to the potential areas from village to highway and market should be improved to boost the economy of the rural farmers.

Deputy Speaker Sir, the state does not have industries to absorb the educated unemployed youth because the state has no proper infrastructure and institutional set up. So they have every reason to take up agriculture seriously. Hon’ble President Pranab Mukherjee on 6 February, 2016 at 54th Convocation of Indian Agricultural Research Institute had addressed that agricultural education in our country must be conformed to the global standards and we need to create a large pool of competent faculty in our institutions and technology to promote agriculture nationwide.

In West Bengal, the Bidhan Chandra Krishi Vishwa Vidyalaya is doing good research work and it is one of the best research institutes of the country; it is a state university. Its research work with modern technique are helping the farmers.

The government should take measures to reduce discrimination among various sections of people, specially the Dalit students and make an environment of studies and research in the university to shape students and to develop the nation.

So, I welcome the initiative taken by the government and on behalf of my party All India Trinamool Congress we support the Bill.

Thank you very much.

Pratima Mandal speaks on The Employee’s Compensation Amendment Bill, 2016 in LS

Thank you Deputy Chairman Sir for giving me the opportunity to speak on The Employee’s Compensation Amendment Bill, 2016. This is surely an important initiative since it recognizes the importance of workers employed in any capacity specified in Schedule II of the 1923 Act. It includes factories, mines, construction works and certain other hazardous occupations and seeks to better protect the right of employees’ compensation.

It is revealed in the Bill that every employer shall immediately at the time of employment of the employee inform about his right to compensation under this Act in writing as well as through electronic means in English or Hindi or in official languages of the area of employment. In my opinion it is a very good move and House should appreciate the inclusion of such a good provision.

The Bill also provides for increase in penalty for contravention of the Act of Rs 50000 – from the current Rs 5000 – that may be later raised to Rs 1 lakh. In today’s socio-economic scenario this is a very commendable initiative and we look forward to many such initiatives.

Section 30 of The Employee’s Compensation Act, 1923 provides for appeal in High Court whenever the disputed amount of compensation is more than Rs 300. The Bill seeks to raise this to Rs 10000, which may be further increased through a notification later.

The one of the major objective of the Bill is to reduce litigation. The proposed Bill is based on the report of the Law Commission which intends to close more litigation at the level of Commissioner for Workmen’s Compensation, appointed by State Government for a particular area.

I would like to mention here that from the reply of the answered Question No 3198 dated 16-03-2015, it is clear that there are a large number of cases pending to be disposed of. You must appreciate, Sir, that many of these people have become incapacitated. So, I would like to request that special provisions – by holding special court or any other means – are undertaken to expedite the cases to help these people.

Sir, I would also like to mention here that from the reply of the answered Question No 6070 dated 30-04-2015, it is mentioned that the reason for delay of giving compensation by different companies is non-submission of requisite documents by the claimants, verification of the genuineness of the claimants, delay in obtaining of the verification report.

In that case company should take all the required documents including health status during the process of employment. I would like to point out here that hardly any companies follow the safety measures to avoid hazardous disease like silicosis, a lung disease caused by inhalation of dust containing silica. The employees working in the coal mines and iron factories also need preventive measures for any sudden accident. I would like to urge that in case the company does not provide the workers with the safety aid, the company should be penalized, this should be taken care of by the Government.

In hazardous environment like coal mine, stone quarry and others the workers must be made aware of the safety measure that they should abide by, there should be surprise audit to check whether they are following them or not. Awareness should also be created through lecture sessions, posters, videos to make them understand what would happen if they do not follow the safety measures. If there is no health insurance it must be made mandatory so that the company provides health insurance scheme to all the employees.

Sir, I would also like to mention here that if there is any death in harness then the company should provide adequate compensation like pension to their employee so they can survive and carry on their life. With these words I on behalf of my party All India Trinamool Congress wholeheartedly support this Bill.

Thank you.