Dawn Punjab

last day of the Monsoon Session of Haryana Vidhan Sabha, six bills were passed

Chandigarh: On the last day of the Monsoon Session of Haryana Vidhan Sabha, six bills were passed today. These include The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Bill, 2021, The Panchkula Metropolitan Development Authority, Bill, 2021, The Haryana Goods and Services Tax (Second Amendment) Bill, 2021, The Haryana Public Examination (Prevention of Unfair Means) Bill, 2021, The Haryana Parivar Pehchan Bill, 2021 (as ammended), and The Haryana Appropriation (No. 3) Bill, 2021.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Bill, 2021

                The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Bill, 2021 further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in its application to the State of Haryana.

                The enactment of ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’ (hereinafter referred to as the Act of 2013) by the Parliament has given rise to a new approach to the issue of land acquisition for development purposes with a view to ensure that the farmers who part with their lands are enabled to share the benefits of progressive development. The acquisitions instead of putting them at a disadvantage make them a stakeholder as well as a shareholder in the development process. The Act envisages a number of provisions not only as regards payment of compensation but also for rehabilitation and resettlement of the farmers/landowners.

                Hence, to protect the overall public interest, it is proposed to amend certain provisions of the Act of 2013 considering the state specific circumstances of the State of Haryana. As a result, sections requiring amendments are sections 2(2), 40(2). New sections 10A, 23A and 31A are to be inserted in order to strike a balance between the needs of acquiring land and providing fair compensation to the landowners.

The Panchkula Metropolitan Development Authority, Bill, 2021

                The Panchkula Metropolitan Development Authority, Bill, 2021 has been passed to develop a vision for the continued, sustained and balanced growth of the Panchkula Metropolitan Area through quality of life and reasonable standard of living provided to residents through generation of employment opportunities, to provide for integrated and coordinated planning, infrastructure development and provision of urban amenities, mobility management, Sustainable management of the urban environment and social, economic and industrial development, to redefine the urban governance and delivery structure in coordination with local authorities in the context of the emergence of Panchkula as a rapidly expanding urban agglomeration, to establish a statutory Authority for the said purpose and for matters connected therewith or incidental thereto.

                The rapid growth of the Panchkula Metropolitan Area and its emergence as a nucleus for economic development has thrown up challenges in urban governance, infrastructure deficit, decentralized decision making, and independently created townships that, if ignored, can affect the quality of life and well being of the citizens of Panchkula. This growth has led to gaps in integrated urban planning and infrastructure development. The emergence of Panchkula as a metropolitan city has brought about problems of mobility and sustainability of the urban environment that go beyond the limits of the legally defined city limits.

                The existing legal architecture for governance of the Panchkula Metropolitan Area has several shortcomings that need to be addressed. Need has been felt for a coordinated and integrated development structure with smooth interface between various departments so as to avoid overlap in the functional and operational responsibilities besides functional empowerment in administrative and financial structures at the local level.

                After a study of different models of Metropolitan Development Authorities in India, a new legal structure for coordinated and integrated urban governance through establishment of Panchkula Metropolitan Development Authority has been envisaged.

                Panchkula Metropolitan Development Authority is proposed to develop a vision for the continued, sustained and balanced growth of the Panchkula Metropolitan Area through quality of life and reasonable standard of living provided to residents, to provide for integrated and coordinated planning, infrastructure development and provision of urban amenities, mobility management, sustainable management of the urban environment and social, economic and industrial development. It shall endeavour to redefine urban governance and delivery structure in coordination with local authorities in the context of the emergence of Panchkula as a rapidly expanding urban agglomeration.

The Haryana Goods and Services Tax (Second Amendment) Bill, 2021

                The Haryana Goods and Services Tax (Second Amendment) Bill, 2021 has been passed further to amend the Haryana Goods and Services Tax Act, 2017.

                The Haryana Goods and Services Tax Act, 2017 (the Act) was enacted with a view to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the State Government.

                It is proposed to amend the Haryana Goods and Services Tax Act, 2017 to remove the difficulties being faced by the taxpayers. The amendment Bill proposes to remove the mandatory requirement of getting annual accounts audited and filing of reconciliation statement by specified professional and to provide for filing of such statement on self-certification basis. Further, the Act is being amended to provide for charging of interest on net cash liability and to call for information from any person relating to any matters dealt with in connection with the Act.

                The proposed Haryana Goods and Services Tax (Second Amendment) Bill, 2021, inter alia, provides for the following, namely:- to insert clause (aa) in sub-section (1) of section 7 of the Act, with effect from the July 1, 2017, so as to ensure levy of tax on activities or transactions involving supply of goods or services by any person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration, to omit sub-section (5) of section 35 of Act so as to remove the mandatory requirement of getting annual accounts audited and the reconciliation statement submitted by specified professional, to substitute a new section for section 44 of the Act so as to remove the mandatory requirement of fumishing a reconciliation statement duly audited by specified professional and to provide for filing of the annual return on self-certification basis, to substitute the proviso to sub-section (1) of section 50 of the Act so as to charge interest on net cash liability with effect from the July 1, 2017,  to insert an Explanation in sub-section (12) of section 75 of the Act that “self-assessed tax” shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39, to amend section 129 of the Act so as to delink the proceedings under that section relating to detention, seizure and release of goods and conveyances in transit, from the proceedings under section 130 relating to confiscation of goods or conveyances and levy of penalty, to amend section 130 of the Act, so as to delink the proceedings under that section relating to confiscation of goods or conveyances and levy of penalty from the proceedings under section 129 relating to detention, seizure and release of goods and conveyances in transit, to substitute section 151 of the Act so as to empower the jurisdictional commissioner to call for information from any person relating to any matters dealt with in connection with the Act.

The Haryana Public Examination (Prevention of Unfair Means) Bill, 2021

                The Haryana Public Examination (Prevention of Unfair Means) Bill, 2021 has been passed to prevent unfair means and leakage of question paper in public examination and to provide for matters connected therewith or incidental thereto.

                In matters of recruitment to posts in State Government the leakage of Question papers not only betrays the trust of the general public and adversely affects the credibility of the government but also the State too suffers substantial administrative cost when examinations have to be called off. A fair and reasonable process of selection to posts subject to the norm of equality of opportunity under Article 16(1) of the Constitution of India is a constitutional requirement. A fair and reasonable recruitment process is a fundamental requirement of Article 14 as well.

                Where the recruitment to public employment stands compromised as a consequence of fraud or irregularities, the entire process becomes vitiated. The recruitment examinations are often compromised due to deceitful means and measures. The essence of the examinations is that the worth of every person is appraised without any assistance from an outside source. Unfortunately, the issue has assumed dimensions of organized crime and involves huge pecuniary advantages to nefarious persons. This is an offence against the society at large. Hence, there is urgent need to restore public confidence in the sanctity of selection to public posts and the requirement of ensuring fairness to candidates who invest time and resources in attempting to clear through a selection. With a view to secure and sustain the confidence of the public in general and to ensure unquestionable trustworthiness in the public recruitment examinations, the Government of Haryana proposes to bring this legislation to check use of unfair means in examinations.

The Haryana Parivar Pehchan Bill, 2021

                The Haryana Parivar Pehchan Bill, 2021 as amended has been passed to provide for the assignment of the Parivar Pehchan number as an unique identifier number to each family, linked to information composed of such data fields, as are generally required for the determination of eligibility for, or the provision of, any scheme, service, subsidy or benefit provided or implemented by or on behalf of the State Government or by any Government agency or local authority and for establishment of the Haryana Parivar Pehchan Authority for the purpose and for matters connected therewith or incidental thereto. This Act may be called the Haryana Parivar Pehchan Act, 2021.

                The identification of beneficiaries and recipients for delivery of benefits, subsidies, schemes and services has been a challenge for the State Government. Ineligible beneficiaries are often recipients of Government support targeted at various segments of society while otherwise eligible beneficiaries are overlooked. While Aadhaar has helped in establishing the identity of beneficiaries, it has not helped in the proper and correct determination of eligibility of beneficiaries for delivery of benefits, subsidies, schemes and services or in the provision of services. The problem is compounded because each scheme, subsidy, benefit or service comes with its own set of eligibility conditions that can differ from each other substantially. Targeting of beneficiaries is also affected because each scheme, subsidy, benefit or service specifies threshold eligibility and considers all beneficiaries within the threshold equally whereas the true object of Antyodaya that is to reach the poorest of the poor, would require micro-level targeting aiming at the most needy even within the threshold levels of eligibility. Further each Department of Government or each Government agency or local authority creates its own database and there are substantial inconsistencies in the data maintained separately that leads to complications in delivery of benefits, subsidies, schemes and services. Each scheme or service of each Department of Government or each Government agency or local authority seeks documentation or proof to substantiate the eligibility conditions placing a burden on the beneficiary or recipient. In the absence of a credible and authenticated system to identity beneficiaries or recipients, it is difficult to ensure that the subsidies, benefits and services reach to targeted or intended or truly eligible beneficiaries.

                With the advancements in technology, it has become possible to use the power of digital technology to promote good governance specifically aimed at the proper determination of eligibility of beneficiaries for delivery of benefits, subsidies, schemes and services or in the provision of services to citizens. The maxim of “Minimum Government, Maximum Governance” can also be aimed by creating an authenticated meta data of information generally used for the delivery of schemes, subsidies, benefits and services. Transparency and ease of living through good governance can be promoted by a unified system of data sharing across Government reducing the need for documentation, harassment and delay in delivery of any scheme, subsidy, benefit or service.

                Parivar Pehchan number is a unique identifier for each family composed of a unique set of alpha-numeric characters with attached information composed of such data fields as is generally required for the identification of beneficiaries or determination of eligibility or provision or implementation of any scheme, service, benefit or subsidy offered or funded, in whole or in part, by the State Government or any organization owned and controlled by the State Government or any local authority. The information attached with the Parivar Pehchan number will be provided voluntarily by the head of the family or any adult member of the family. Each data field attached with the Parivar Pehchan number will be authenticated and verified through electronic means by checking with other available accurate and reliable databases or by physical verification where it is not possible to authenticate it through electronic means. Once authenticated and verified, the data field and information can automatically form the basis for identification of beneficiaries or determination of eligibility or provision of any scheme, service, benefit or subsidy without the need for any further documentation or proof. The Parivar Pehchan number will be the reference key for linking all databases of the State Government, Government agencies or local authority.

                The Parivar Pehchan Authority is proposed to be established for development of the policy, procedure, technology and systems for generating and issuing of Parivar Pehchan number to families residing in the State. The Authority shall collect, update, manage and maintain information of the family and its members in the form of specified data fields in the Family Information Data Repository and develop and implement mechanisms, processes and systems for authenticating or verifying such information. It shall provide verified and authenticated data based on the Parivar Pehchan number to all Government Departments, Government agencies and local authorities for identification of beneficiaries or determination of eligibility or provision or implementation of any scheme, service, benefit or subsidy. It shall also maintain the security and confidentiality of data and information held by it in the Family Information Data Repository.

                Parivar Pehchan identifier can enable the proactive delivery without the beneficiary or recipient having to visit any Government office. It will minimize the burden on production of documents and enable faceless and nameless anytime and anywhere delivery of schemes, services, subsidies and benefits promoting the slogan of “Minimum Government – Maximum Governance”. The transparency and simplification of processes would reduce corruption prevalent in identification of beneficiaries and determination of eligibility in schemes, subsidies, services and benefits.

Also Read: State Police nabbed the accused in the case of paper leak

                The Parivar Pehchan Bill, 2021, inter alia, seeks to- entitle a family to obtain Parivar Pehchan by providing information composed of specified data fields, specify the process for verifying or authenticating each data field in the information and take consequential action thereof, require Parivar Pehchan number to be provided for determining the eligibility for, or the provision of, any benefit, subsidy, scheme or service provided or implemented by or on behalf of the State Government or any organisation owned and controlled by the State Government and by any local authority, provide verification of authentication of the information linked to the Parivar Pehchan number to the State Government or any organisation owned and controlled by the State Government and by any local authority to enable such Government, organization or local authority to provide the benefit, subsidy, scheme or service, establish the Family Information Data Repository consisting of the information provided and the status of verification or authentication thereof, establish the Parivar Pehchan Authority in pursuance of the objectives above and empowering the Authority to collect, update, correct, verify, authenticate and maintain the information in the Family Information Data Repository, mandate the Parivar Pehchan Authority to take appropriate measures for the security and confidentiality of the information in the Family Information Data Repository, specify offences and penalties for contravention of relevant statutory provisions. Hence this Bill is passed.

The Haryana Appropriation (No. 3) Bill, 2021

                The Haryana Appropriation (No.3) Bill 2021 has been passed to authorize payment and appropriation of Rs. 12707,00,88,000 from and out of the Consolidated Fund of the State for the services during the financial year ending on March 31, 2022.

                The Bill is introduced in pursuance of Articles 204 (1) and 205 of the Constitution of India to provide for the appropriation out of the Consolidated Fund of the State of Haryana of the sums required to meet the supplementary grants made by the Legislative Assembly for expenditure for the financial year 2021-22.

Also Read: 11 Bills passed in Haryana Vidhan Sabha : Read Full Detail

DP Bureau
Author: DP Bureau

Related Posts

TOP NEWS

[the_ad id="209"]
[the_ad id="212"]

BLOGS/OPINION

DO YOU KNOW ?

FROM SOCIAL MEDIA