Kalyan Banerjee speaks on the GST Bill | Full Transcript

Full Transcript

Sir, broadly, we are supporting this Bill but we have some suggestions and some requests. Very closely, we have examined the provisions of the Constitution (One hundred and Twenty-second Amendment) Bill, 2014.

There are still some major concerns of the State that have not been appropriately addressed. We have a request to the hon. Finance Minister. It is to hear our suggestions and remove the difficulties since I have said that broadly we agree to this Bill. So far as the GST compensation is concerned, it was unanimously agreed that the State should be compensated by the Government of India for loss of revenue for at least five years. We are strongly of the view that this should be guaranteed by the Constitution itself.

Section 19 of the Bill as it stands today reads as follows: “Parliament may, by law, on the recommendation of the Goods and Services Tax Council, provide for compensation to the States for loss of revenue arising on account of implementation of the goods and services tax for such period which may extend to five years.” We suggest that in section 19 of the Bill, for the words, “Parliament may”, the words, “Parliament shall” be substituted.

Further, the words “for such period which may extend to five years” should be replaced by the words “for a period not less than five years”. In respect of inclusion of petroleum crude, high speed diesel, petrol, natural gas, and aviation turbine fuel, our stand all along has been that goods and service tax should not be levied on petroleum crude, high speed diesel, petrol, natural gas, and aviation turbine fuel at least in the initial period as presently these items are taxed at higher rates and constitute a major source of revenue for the States.

While it may be acceptable not to constitutionally bar levy of GST on such goods, the genuine apprehensions of the State about the revenue collection from such goods also need to be appropriately addressed. The proposed Article 279A for constitution of the Goods and Services Tax Council has the following provision relating to levy of GST on petroleum products: “(5) The Goods and Services Tax Council shall recommend the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel.”Even though the Bill proposes levy of GST on such items from the date to be recommended by the Goods and Services Tax Council, it needs to be ensured that GST is not imposed on such petroleum products at least in the initial period of five years after the introduction of GST on other goods and services.

For this, our suggestion is that the proposed Article 279A may be as amended as I am reading: “(5) The Goods and Services Tax Council shall recommend the date, not being a date earlier than five years from the date of coming into force of the parliamentary legislation in accordance with Article 246A, on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel.” In respect of the power of State to impose tax on tobacco and tobacco products, it is stated that the Centre even after the amendment proposed to entry 84 of List I, i.e. Union List of the Seventh Schedule shall continue to impose excise duty on tobacco and tobacco products. We urge that the States should be treated on a par with the Centre and they too should be allowed to impose sales tax over and above GST on tobacco and tobacco products.

Thus, the entry 54 of List II, i.e. State List of the Seventh Schedule needs to be appropriately amended. Regarding the proposed new Article 269A in the GST Bill, I would like to mention that since the revenue of the States will depend on the inter-state transactions, they must have the authority to verify the transactions. So, for providing a legal framework, it is absolutely necessary that the relevant enabling clause should be added to the proposed Article 269A as was earlier recommended by the Empowered Committee.

While we appreciate the partial release of compensation for 2010-11 of Rs.318.56 core in March 2015, it is felt that the balance amount of it, together with the compensation for the years 2011-12 to 2013-14, should be released immediately. This will help in creating the necessary goodwill between the Centre and the States and will provide the much needed comfort to the latter before introduction of the GST.

In 2010-11 the net compensation receivable was Rs.860.36 crore and the compensation received was Rs.540 crore and, therefore the amount pending is Rs.320.36 crore. In 2011-12 the net compensation receivable was Rs.1048.91 crore and the compensation received was nil. In 2012-13 the net compensation receivable was Rs.1336.50 crore and the compensation received was nil.

In 2013- 14 the net compensation receivable was Rs.1237.52 crore and the compensation received was nil. The total receivable amount was Rs.4483.29 crore and the compensation received was only Rs.540 crore and the amount due is Rs.3943.29 crore. Lastly and importantly, I would like to emphasise that GST can only succeed provided the States are financially strong.

This is particularly important to keep the federal structure intact and empower the States to effectively meet their developmental and infrastructural responsibilities. The Finance Minister of our State had earlier requested the Union Finance Minister and I believe a number of times these points have been placed before the hon. Finance Minister.

We hope that these suggestions are taken care of by the hon. Finance Minister. At the very threshold I have said that broadly we are supporting it but we are waiting. Since we are very happy to see your smiling face, we will also smile when we will get our dues.

Thank you

Derek O’Brien speaks in RS on the working of the Ministry of Social Justice and Empowerment | Full Transcript

Full transcript

Sir, I stand to initiate this discussion on the Ministry of Social justice and Empowerment. Sir, broadly to set the terms for this discussion, this Ministry encompasses the disabled, OBCs, transgender, scheduled castes and senior citizens. But I would take the liberty of requesting the minister, a lot of the members would also talk about the two other groups looking for social justice and empowerment. They are the minorities as well as the women of this great nation. So that is the scope of the discussion. Sir, through you I would like to request the Minister to note the specific suggestions we give you.

Sir, the Budget for this Ministry is Rs 6500 crore. If you leave the minorities and the women out – this Ministry covers 90 crore people for a Budget of Rs 6500 crore. This is about 50 paise per person per month. Sir, is this 50 paisa per person per month enough or should we at least be taking it up to 1 rupee per paisa per month. So what I am suggesting is to double the Budget from Rs 6500 crore to take it up to Rs 13000 crore.

Sir, when we talk about social justice what are the terms of this distribution? The terms of the distribution would be in three words: M for Money, O for opportunity and P for Privileges. This ministry should end this mentality of providing scholarships and building hostels. Can we take it beyond that and through this discussion over the next three hours we can get the Minister to open his heart, to open his eyes and most importantly to open his mind. I don’t want to give you any political statement. I will be making some points on each of these categories.

Manual scavengers are covered under this ministry. There are 11000 manual scavengers in this country. Of this 10000 are in UP. The government had a budget of Rs 480 crore to liberate the manual scavengers, to rehabilitate them and to take them away from this terrible job which they have. Mantri ji you must look into this seriously. The national budget was Rs 480 crore. Let us assume 80-90 percent funds would go to UP, that comes to Rs 400 crore. Of the Rs 480 crore, you have spent ZERO. So if you want to seriously eliminate manual scavenging please use the funds for this purpose

Sir, the Standing Committee has a very effective suggestion. We need to have an effective mechanism to reduce or eliminate manual scavenging. Sir, I started off with UP but let me also present an example which only happen last week. I am extremely proud because this happened under the leadership of Mamata Banerjee of West Bengal Government. This is a true story.

Nadia district of West Bengal has been declared the No. 1 district in the country. This is not my ranking but by the United Nations. There are 3.5 lakh toilets in that district. Last week United Nation gave this award. When you have something like that the level of manual scavengers goes down or it becomes zero.

Sir, it is not only a money issue, it is also a social issue. Every school going child in Nadia took an oath to keep their environment clean. Sir, the government spent Rs 250 crore on advertisement for the Swachh Bharat campaign. But if you want to spend 250 on your advertising budget then you please spend Rs 480 crore for manual scavengers.

Sir let us come to the point about senior citizens. Our country had a green revolution, we had a milk white revolution. The Trinamool Congress proposes a grey revolution. And what is the basic concept of this grey revolution? Currently the budget allocated for senior citizens is a miniscule Rs 50 crore. Under the Indira Gandhi National Old Age Pention Scheme, if you are over 60 and you are living below the poverty line you get Rs 200 per month. If you are over 80 you will get Rs 500.

Sir, like the Standing Committee suggested and let me reassert, that this figure has to go up. Let me make our point clear. Sir, if the figure you are giving out is Rs 150 or Rs 200, the cost to administer the scheme is working out to much more than what you are actually giving out. So our suggestion is to increase what you are giving to the consumer so your cost of administering the scheme will come down.

Let me also request the minister to remove the cobwebs on the paper titled ‘The National Policy on Senior Citizens’. That document is dated 2011, it does not matter whether the UPA 2 brought it, but we think this document is worth looking at. ‘There are some very good specific suggestions made, so please Sir, consider the document.

Sir, the third group of people, which is very small in number but I think a lot of the speakers would like to also speak about, is disability. I have lots of things to say but I will limit myself to just one point Sir, and that is the definition of disability. Under the current Act, it does not include autistic children or autistic men and women. Sir, my plea to the minister through you is to please, in the Rights to Persons with Disability Bill, which is pending in the Rajya Sabha – my party, the Trinamool Congress will support you wholeheartedly –  please bring in the required changes in the definitions and it will be a step forward.

Now I would speak for two minutes on the issue of transgenders. We have an Act in West Bengal which was passed two to three months ago. Sir, maybe you could advise the states to bring up an Act like this. The interesting thing about this is it is not a Transgender Welfare Board as we believe that Transgender Welfare Board is not a solution. This is a Transgender Development Board.

There are also suggestions, I’m not getting into the merits, but I would like to know the views of the BSP and so many other parties on this. There is a suggestion being made that the transgenders be put into a category. One category suggested is OBC. I am not opening that debate now but I’m just giving you what the thought is.

Sir, for the Scheduled Castes we have a unique Scheme. West Bengal in the last three years has had the Kanyashree Scheme which got UN approval. The Scheduled Caste students get a lot of scholarships. The land vested with the Government was distributed to landless people; 56% of pattas were distributed to the Schedules Cases and the Scheduled Tribes. Another scheme that I want to flag is the Shikhashree Scheme, which is same as the Kanyashree but goes to the Scheduled Castes.

Sir, my single and limited point on the OBCs – which I read in the papers this morning – is that the criteria for creamy layer has been pushed up from 6,00,000 to 10,00,000. Sir, this will help, we believe, in filling the seats marked for OBCs.

I have many examples again from West Bengal from the left-wing extremism areas. I will not dwell on it. Suffices to say that in the 23 blocks of the Jangalmahal area, cycles were distributed to the students which empowered boys and girls.

Sir, I have covered points which are traditionally listed under your ministry. Bur I want to just expand the discussion on two other areas which are not covered by your ministry – the minorities and women. Sir, in case of the the minorities, the Sachar Committee proposed the Equal Opportunities Commission about eight or nine years ago.

Basically the point being made in the Equal Opportunities Commission was that you will bring women, tribals, dalits, disabled persons, minorities, all in the purview so we could help everybody else. Now that Equal Opportunities Commission made these recommendations there was a draft bill to the best of my knowledge which was made in 2007-08. Through you I would request the Minister to pull the cobwebs out and to take a look at this.

Sir, I will end with the issue of women because you cannot discuss social empowerment, social justice without at least touching on the issue of women. Sir, there has been a lot of debate on the issue of 33% reservation for women. Sir, we finished the municipal elections in Bengal last week – I don’t want to remind you of the results as they would upset you – but at least let me tell you that 46% of the councillors who were elected were women. So if we want empowerment we can have women elected too.

Thirty three per cent is the so called reservation number we talk of in the Women’s Reservation Bill. The current average in the Lok Sabha for women is a dismal 11%. I am happy to tell you that my party has 36% women MPs in the Lok Sabha.

Sir, I have left you with these points to ponder over – on manual scavengers, senior citizens, persons with disabilities, transgenders, schedule castes, women, OBCs and minorities.

Sir, I would urge you, after listening to all my colleagues to take this beyond the discussion, and maybe after one or two months, you come back to us, maybe not in the House but through some written form. We are giving you some suggestions; please take them in the right spirit and I am sure you will.

Thank you Sir, for your time.

Follow Bengal model for social justice: Derek in RS

Initiating a discussion on the working of the Ministry of Social Justice and Empowerment in the Rajya Sabha today, Leader of the party in the House, Derek O’Brien cited several instances where Bengal has achieved milestones in social justice and empowerment. Derek urged the government to move away from the mentality of distributing scholarships and opening hostels and urged them to double the budget of the ministry.

Slamming the government for not utilising even a penny of the budget for the liberation of the manual scavengers, Derek cited the example of Nadia becoming the No. 1 district in India in the construction of toilets. He also highlighted that West Bengal has constituted a Transgender Development Board.

Derek called for a grey revolution for the welfare of senior citizens. He asked the government to take a fresh look at the National Policy for Senior Citizens, 2011 and bring a Bill aimed at their welfare.

Regarding the development of scheduled castes, Derek highlighted the Sikkhashree scheme by West Bengal government wherein SC students receive scholarships for studies. He also took pride in the fact that 56% of the land pattas distributed by West Bengal government went to scheduled castes.

Derek O’Brien also included minorities and women in the scope of today’s discussion for empowerment and social justice. He highlighted that Trinamool Congress has 36% women MPs in Lok Sabha even when there is a debate going on over 33% reservation. He announced in the Rajya Sabha that 46% councillors in Kolkata Municipal Corporation are women.

Click here for the full transcript

Trinamool supports GST Bill in Lok Sabha

Trinamool Congress today supported the The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014 in Lok Sabha that paves the way for Goods and Services Tax. Chief Whip of the party in Lok Sabha, Kalyan Banerjee said the party supports the Bill broadly, while maintaining that the States must receive adequate compensation.

“GST should not be levied on petroleum products. Apprehensions of States must be appropriately addressed,” he argued. Kalyan Banerjee added that States should be treated at par with Centre & should have power to impose sales tax over and above GST on tobacco products.

He also said, “since revenue of States will depend on the inter-State transactions, they should have authority to verify transactions.”

Click here for the full transcript

Nadimul Haque speaks on The Repealing and Amending Bill, 2014 | Full Transcript

 Full Transcript

Sir I rise to speak on the Repealing and Amending Act of 2015. Since 1950 , this is one of the periodical measures by which enactments which have ceased to be enforced or have become obsolete or the retention whereof a separate and independent Act is unnecessary. Then such enactments are repealed or as the case may be, it is used to repel any formal defects in any enactment which comes to the notice during its administration.

Sir, while giving a written answer to my question on April 24, 2015, in this House, the minister had stated there were a huge number of obsolete laws which are of no use in current scenarios. According to a two-member committee formed by the PMO there is need to repeal about 637 laws as soon as possible. Obviously this is a worrisome situation that requires urgent and proper attention of the Government.

Regarding this Bill Sir, I have a few suggestions. As it is clear by the name of this Bill the Amending and Repealing work has been clubbed together. Many times it can cause ambiguity so in my view there should be separation of amending and repealing in all such bills Sir.

Also Sir, it is seen that most Bills to be repealed are mainly Appropriation Acts. Since these acts are used for temporary use –in most cases one year- why are we making so much effort to repeal such Acts? There should be Automatic Repeal Clause in such Acts which are replaced or repealed by the same Acts. The Legal Department has cited that due to Section 6A of the General Clauses Act 1897, there is hindrance in the way of Automatic Repeal Clause at the drafting stage of any Bill. So, I request the Government of India to make amendments in the said section of the General Clauses Act 1897.

Sir, we shouldn’t continue with British procedures which are causing administrative delays and making our task cumbersome.

My last suggestion Sir in this is regarding the face that there is no uniformity in repealing the obsolete laws. The Select Committee on this Bill has made the same observation regarding this Sir. The last repealing Bill was passed in the year 2001 and the next such bill has come to the House in 2015. There is a gap of nearly 15 years. I request the minister to make provisions for some fixed time interval for repealing of such obsolete laws so that unnecessary burdens can be removed from the government books.

Sir, at the effect of such Repealing and Amending Acts is only to remove dead matter from the Statute books and it has no legislative effect, on behalf of my Party, the All India Trinamool Congress, I support the Bill. Thank you.

Derek O’Brien calls attention of the IT Minister at Rajya Sabha on Net Neutrality | Full Transcript

Full Transcript

I thank the Minister for sharing the optimism which we have always had. I want to make a few specific points on this note and then I have got some specific queries.

It is a four-page note, Sir. The first two pages, with all the enthusiasm shared by the Minister sounded like a Wikipedia entry on the internet, if you key-in the word ‘internet’ or if you key- in the word ‘Digital India’, all very nice, all very highfalutin, all very poetic, but on today’s discussion, I want to keep on the fact, so I am not going to comment on the first two pages. But that doesn’t matter. Let’s move on to the meat of the matter.

The meat of the matter is, let us try and explain to people who don’t know and think that this internet is one complicated thing from outer space.

What is the issue? The issue is, like, electricity is supplied to your home and you are paying Rs 15 hundred. Now the electricity supplier is telling you, I suggested, is that, if you use your fridge and microwave, and if it is Samsung, you will have to pay a little more, if you use your fan and tube light, you will pay a little less, if you are using a washing machine which is of a particular brand, you will have to pay a little less. This is the basic concept as explained to a layman. I wish the Government in the last two months had taken some trouble or just stay in this jargon of . And, they have continued with the jargon through this statement.

My specific questions –

1. TRAI was constituted a consultation paper on March 27. The tone of the consultation paper, if anyone has read it in this House, it sounds like a consultation paper dictated by a telecom major. Now, I don’t want to guess which telecom major, but it sounded like that.

2. The consultation paper of TRAI is blatantly in favour, not of the consumer, you have given us the thing about the youth of the country etcetera etcetera, but, it is not in favour of the youth or the internet user, it is in favour of telecom.

3. What woke you up? BJP are very good in their ‘trolls’. You know… vote for this … do for that, but this time it is the Net that woke you up. Because, there was a hashtag running there called #netneutrality. Emails were, sent, and this is the danger. Emails were sent to TRAI. How many emails? 10 lakh emails. One million emails. Now, that is a small number you may say because there are so many people in the country. One lakh emails, the whole internet was very very angry, your youth etcetera, so much so, I won’t reveal the gentleman’s name, but a senior BJP leader told me, we created this twitter and social media army, very good, but now we cannot control the social media army. So it has come back like the Australian boomerang.

Now what happened was very dangerous, Sir, and this is a cause of serious concern, beyond even net neutrality and I say this with all responsibility. Those 10 lakh people – young people, executives, working people, professionals – their 10 lakh emails were leaked. They were put up on the TRAI website for one and a half days. My specific question to the Minister, why have you compromised the privacy of the 10 lakh individuals? It is a very serious issue, by putting it up for 36 hours and then quietly putting it down. Sir, this is a very dangerous trend because you are going to target these people after this.

I have got there specific questions to you, Sir. One, I think you have answered. I have asked you, what is the Government’s stand on net neutrality? On page three, you have written three bold lines there. If I take that as the answer, that would be acceptable if this is your stand. Make it clear Sir, on the floor of the House.

Two, which is the larger question, is the Government considering amending the IT Act? If yes, yes, if no, why not. Whether the Government is considering regulating the internet in a good way, because, like electricity, are you considering internet being for public good. I have three suggestion, Sir. We need to create rules, but I am sure you will agree, we also agree, we need to create rules. Do you intend to make internet into a ‘License Raj’? My last two Sir, you said you would listen to all the stake holders, I am happy that the Chairman brought this subject up and I am even happier that he brought this up before Agrarian Crisis came before this, otherwise, we intend to get carried away and we think net neutrality is the end of the world, no.

Agrarian Crisis is hundred times more important than net neutrality.

So, on this Sir, on this Freedom of Speech debate, you have said it in your reply, I will accept in the spirit, talk to everybody, Sir, you have got a strong message on this on the users of the social media. Those are the people you talk to.

The last point Sir, will the Minister give an assurance to Parliament that no action will be taken, TRAI or otherwise, without taking Parliament into confidence.

Thank you, Sir.

Vivek Gupta speaks on the issue of Net Neutrality | Full Transcript

Full Transcript

Sir, I have already raised this matter under the Zero Hour last week. I just do not want to repeat whatever has been said. But, Sir, as India is growing, more villages are getting electricity.

There is a situation happening that there are a lot of places where single operators are only there providing net. If these people are allowed to exploit, that will become a very difficult and a dangerous situation.

Also, I would like to know from the hon. Minister, through you, when the Government itself is an interested party because these telecom operators share a part of their revenue with the Government, so, how does the Government plans to balance this potential of increased revenue coming through non-Net Neutrality and protecting the freedom of expression?

Sir, my second question, through you, to the hon. Minister is: how will a level-playing field be provided to small businesses, to start up business, who use the Internet and e-commerce to further their growth and to try and compete with the big giants of the world?

Facebook and some other companies have, in fact, made voluntary gestures for going for Net Neutrality. If the biggies do not want it, I fail to understand why the TRAI is over-enthusiastic in disclosing all ten lakh e-mails and putting all these people at risk and siding with these operators.

I want an inquiry, through you, to go behind who is behind this concept in India, who is trying to instigate it because, the Government says that they do not want it. The consumers do not want it. The Internet biggies, Facebook etc., do not want it. So, who wants it? I just want an answer from him. Thank you, Sir.

Trinamool raises the issue of Net Neutrality in Rajya Sabha

Leader of All India Trinamool Congress Parliamentary Party in the Rajya Sabha, Derek O’Brien called the attention of the Union Minister for Communications and IT in the House on the issue of Net Neutrality.

Trinamool had pledged support to the issue of net neutrality in the month of April. The party took up the issue in Rajya Sabha during Zero Hour last week. Today’s Calling Attention Motion received support from all political parties.

He explained the complicated subject of Net Neutrality with the example of electricity supplier charging separately for various home appliances. Although he thanked the Minister for sharing the optimism, Derek mentioned that the government has continued with the jargon throughout their statement.

He also stated that the consultation paper of TRAI was blatantly in favour of telecom companies. He also upheld the concerted effort of the netizens where 10 lakh emails were sent to TRAI on the issue.

Derek also urged the government to make their stand clear on the issue of Net Neutrality on the floor of the House after consultation with everyone including the users on social media. He also demanded that the government must give an assurance to the House that no action will be taken, TRAI or otherwise, without taking the Parliament into confidence.

Click here for the full transcript of his speech

Rajya Sabha MP Vivek Gupta also spoke on the issue during the Calling Attention Motion. He said that the government itself is a beneficiary as it gets a part of the revenue from telecom companies. How will a level playing field be created for the small startups against the big giants if there is not net neutrality, he pondered. “Why is the TRAI over-enthusiastic in releasing the 10 lakh email IDs,” he asked.

KMC expedites Garden Reach water supply project

Kolkata Municipal Corporation (KMC) and Kolkata Metropolitan Development Authority (KMDA) have joined hands to overhaul the water supply system in south Kolkata and three municipal areas bordering Garden Reach.

When complete, the project will end water woes in areas like Garden Reach, Kalighat, Behala, Tollygunge, Jadavpur and Mahestala, Pujali and Budge Budge municipalities. Though it involves huge investment, Mayor Sovan Chatterjee is determined to complete it by the end of this year.

Sovan Chatterjee has proposed to lay four dedicated water lines. After completion of the process, these pipes will ensure more water for residents once the augmentation of the Garden Reach plant is complete. These lines will be laid for Behala, Garden Reach, Pujali and Maheshtala.

The Mayor on Monday held a meeting with municipal affairs minister Firhad Hakim and officials of KMDA, KMC and the land department. He has asked municipal commissioner Khalil Ahmed to wrap up the ongoing project at Garden Reach by October 31.

The new plant with a capacity of supplying 50 million gallon water will greatly solve the water scarcity in south Kolkata.

WB Govt launches Aprajita – Tutorials for Children with Special Needs

Department of Women Development and Social Welfare, Govt of West Bengal has launched a special tutorial programme for students with disabilities for Doordarshan Kolkata (DD-I Kolkata).

The programme named Aprajita, which was first aired on 2nd May, 2015, will run for 26 weeks every Saturday from 7 PM to 7:30 PM and repeat telecast on every Tuesday.

The programme was inaugurated by Hon’ble Minister in charge, Dr Shashi Panja along with the Commissioner of Disabilities Smt Mita Banerjee.

This programme is aimed at improving the quality & status of Children with Special Needs (CWSN) studying between class IX and XII. CWSNs may ask questions to clear doubts in various subjects. Eminent special educators will provide these tutorials.

This is the first of its kind initiative by the West Bengal Government.