Haryana News- Haryana Cabinet decisions

New Delhi/Jalandhar: Haryana Cabinet, which met under the chairmanship of Chief Minister, Bhupinder Singh Hooda at Chandigarh on Friday, approved the draft notification to constitute "Haryana State Commission for Scheduled Castes".

The commission shall consist of a total of four members including the Chairperson, who would be an eminent person belonging to any of the Scheduled Castes having wide experience in social life; Not more than three non-official members belonging to the Scheduled Castes, would be appointed by the Government from amongst the persons of ability, integrity and standing having special knowledge in matters relating to the Scheduled Castes. The Chairperson or one out of the three members of the Commission shall be a person having a law degree with at least seven year's standing. One out of the four non-official members of the Commission shall be a woman.

The Director, Department of Welfare of Scheduled Castes and Backward Classes, Haryana, shall be the ex-officio member of the Commission. Secretary to the Commission shall be appointed by the Government from amongst the officers of the Haryana Civil Service, not below the rank of Joint Secretary. The Chairperson and members shall hold office for a term not exceeding three years, except the ex-officio member. The Chairperson or a member of the Commission may at any time by writing under his hand, addressed to the State Government, resign his office. The State Government may remove a person from the office of the Chairperson or of a member if that person becomes an insolvent or has been convicted and sentenced to imprisonment for a period of one year or more for any offence or becomes of unsound mind and stands so declared by a competent Court or refuses to act or becomes incapable of acting or without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission or has in the opinion of the Government, so abused the position as Chairperson or Member so as to render that person's continuance in office detrimental to the interest of the Scheduled Castes.

No person would be removed under this clause unless that person has been given an opportunity of being heard in the matter by the Administrative Secretary to Government of Haryana, Department of Welfare of Scheduled Castes and Backward Classes with the prior concurrence of the State Government.  A vacancy caused under foregoing  provisions or otherwise may be filled by a fresh appointment by the Government and the person so appointed shall hold office for the remainder of the term of office of the person in whose vacancy such person has been appointed, would have held office, if the vacancy had not occurred . If the vacancy of a member other than that of the Chairperson occurs within six months preceding the date on which the term of office of the member expires, then such a vacancy shall not be filled up.

As far as the functions of the Commission are concerned, it would investigate, examine and monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution of India or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards, to participate and advise on the planning process of socio-economic and educational development of the Scheduled Castes and evaluate the progress of their development. It would advise the Government on legislative and developmental policies affecting the Scheduled Castes and monitor the implementation of laws and welfare measures concerning the Scheduled Castes and initiate action for legal and administrative reforms to improve their socio-economic and educational status. It would also inquire into specific complaints with respect to the deprivation of rights and safe guards of the Scheduled Castes, to conduct studies and research into the problems of Scheduled Castes and report the same to the Government for appropriate action.

The Commission may undertake public interest litigation on behalf of an individual or a group of Scheduled Castes who, in opinion of the Commission, based on facts and evidence brought before it, have suffered injustice or discrimination or intervene in any pending judicial or quasi-judicial proceeding before a court or authority relating to such matter as also provide legal aid and rehabilitation in deserving cases. It will present to the Government, annually and at such other times as the Commission may deem fit, reports upon the working of the safeguards referred to in the preceding clauses, to review the existing provisions of the laws affecting the Scheduled Castes and making recommendations qua remedial legislative measures to overcome any lacunae or shortcomings.

The Commission will suggest and recommend measures for protection, welfare, socio-economic and educational development of Scheduled Castes and any other matter, which may be considered necessary and proper by the Commission for the welfare of Scheduled Castes or which may be referred to it by the Government.

The Government shall consult the Commission on all major policy matters affecting the Scheduled Castes. If any matter specified in this section is dealt by the National Commission for Scheduled Castes established under Article 338 of the Constitution of India, the State Commission for Scheduled Castes shall cease to have jurisdiction on such matter. The advice of Commission shall have persuasive value and would ordinarily be accepted by the Government subject to financial limitations, policy constraints, administrative exigencies and statutory obligations.

The place of meeting of the Commission shall be the Headquarter of the Commission at Chandigarh or Panchkula and at such places as the Chairperson may think fit. The quorum for a meeting of the Commission shall be at least three members including the Chairperson. The Commission shall meet as and when necessary but at least once every two months.

The Commission shall, while performing its functions have all the powers of a civil court trying a suit and, in particular, in respect of the matters of summoning and enforcing the attendance of any person and examining him on oath, requiring the discovery and production of any documents, receiving evidence on affidavits, requisitioning any public record or seek a copy thereof from any court or office, issuing commissions for the examination of witnesses and documents and any other matter by notification by the State Government.

The Commission may, for the purpose of conducting investigation utilize the services of any officer or investigation agency of the State of Haryana. The utilization of any other specialized agency/authority/person will be subject to permission of the State Government.

Haryana Cabinet, decided to amend Haryana Canal and Drainage Rules, 1976 to effectively check theft of water and give relief to various departments from the burden of accumulated surcharge on account of late payment of water bills.

As one of the two amendments is aimed at effectively checking theft of water, the Cabinet approved that lower limit of charges under rule 24 sub rule(1) will be five times of the applicable water rates which will act as a strong deterrent and further upper limit will be reduced from 30 to 20 times.

It was observed that due to accumulation of surcharge on account of late payment of water bill that is at the rate of 10 per cent for the first month and one per cent for the proceeding months, a huge amount of surcharge has been accumulated against state government departments and undertakings. As the funds for making the payment of water bills are to be made available by the state government, therefore, with a view to give relief to the departments from this burden of surcharge, the Cabinet decided to reduce surcharge from 10 per cent to one per cent in case of state government departments and undertakings. If the charges are not paid after lapse of one month from the last date of payment of the bill, the surcharge at the rate of 0.1 per cent per month on the balance amount will be levied on the Haryana Government Departments and undertakings.

With a view to simplify the procedure of registration of motor vehicles, make the system transparent and reduce the workload in the offices of registering authorities, the Haryana Cabinet, approved amendment in Haryana Motor Vehicles Rules, 1993.

As per the amendment, sub rule (3) after sub rule (2) will be added in rule 33 of the Haryana Motor Vehicles Rules, 1993. It states, “The Government may empower a firm, dealer or manufacturer of motor vehicles to perform such functions with such conditions, as it considers appropriate with regard to registration of non transport vehicles on their first sale.”

It was informed that the dealer will enter the particulars of the vehicle in the computer and send these electronically to the registering authority. The complete printed application form will be given to the owner of the vehicle by the dealer who would submit the application in the office of registering authority. In this office, the application form sent by the dealer electronically will be used for further processing of the application, thus saving time of the vehicles owner.

Haryana Cabinet approved promulgation of an Ordinance to amend East Punjab Utilization of Lands Act, 1949 for providing major relief to the displaced persons, ex-servicemen or other landless or poor persons who were provided land under the ACT.  Their lease period can now be extended upto 99 years and they would be able to grow any type of crop on their leased land.

A decision to this effect was taken in the Cabinet Meeting. It would benefit 16,000 families.

As per the amendment, the lease period of the affected landless farmers who were provided land under the East Punjab Utilization of Lands Act, 1949 is now extended up to a maximum period of 99 years. Moreover, besides the food and fodder crops, the farmers would also be able to grow any type of crop keeping in view the need of the hour due to emergence of various types of crop varieties over a period of time.

The object and purpose of the Ordinance is to rehabilitate the landless persons who were given the lands on lease, which remained un-cultivable for six or more harvests, under the East Punjab Utilization of Lands Act, 1949. Most of these lessees are small or marginal farmers. In order to mitigate the misery of their indigent families, it has been thought fit to lease them the land of which they are actual tillers but on the expiry of lease period on or before September 24, 1986 they are likely to be evicted at different point of time due to Court orders.

The amendments had been made with retrospective effect that is September 24, 1986, the date of decision of Supreme Court in case Bodhni Chaman Ex-Servicemen Cooperative Tenants Farming Society Limited etc Versus State of Haryana and others, as the eviction of these tillers was inevitable on the expiry of the lease.

The Supreme Court had observed that Government may allot another piece of land elsewhere to the petitioners considering their pitiable condition. These lessees are in a state of acute hardship as a result of their displacement from the land which they are cultivating since the inception of the lease and are contributing to the national food security. These persons have been rendering their services to the society as a whole and also retaining the land for subsistence but they were liable to be evicted in view of the expiry of lease period.

Under the provisions of East Punjab Utilization of Lands Act, 1949, they were given the non-harvested and uncultivable land for attaining self-sufficiency in food and fodder crops. Therefore, their hard work for generations could not be negated and a welfare State should not abdicate from its responsibilities. To provide relief to such persons it has been necessitated to continue or renew their lease, which may be extended up to a maximum period of 99 years. Since they had made vast improvement in the holdings or land by clearing the jungles and leveling the undulated terrains, it has been felt that the extension or grant of lease would meet the ends of justice. However, the lessee would be liable to pay the use and occupation charges for the period they remained in possession of the land even after the expiry of their lease period till the renewal of lease by the Collector.

Haryana Cabinet, approved the proposal of Revenue and Disaster Management  to withdraw the Punjab Government letter No. 205-St. dated February 11, 1937 by which exemption of stamp duty was given to companies in cases of transfer or merger or amalgamation.

The Cabinet also approved the draft notification for the same.

It was observed that the State exchequer was suffering huge loss due to this exemption of stamp duty. At present, the said exemption of stamp duty could be availed whenever at least 90 per cent of the issued share capital is transferred at the time of merger or amalgamation.

Haryana Cabinet, approved the proposal of the Excise and Taxation Department to amend the method of service of notice under the Haryana Value Added Tax Act, 2003 and the rules framed there under.

At present under rule 79 (1)(b) of the Rules, service can be made by registered post acknowledgment due. As these days there is no relevance of acknowledgment due as it is seldom delivered back by the postal authorities, the Cabinet approved to omit the words “acknowledgment due” and to retain the service by registered post. The modes of “service by speed post” and “courier” would also be grouped with “registered post” in view of their similar nature. A provision would also be made to use the service by fax message and e-mail. Therefore, a provision would be made for the same after taking the option of the dealer and him declaring telephone number and e-mail address.

It was also decided to insert definition of “e-mail” or “electronic mail” at clause (mmm) in sub rule (1) of Rule 2 of the Haryana Value Added Tax Rules, 2003. According to the new definition, e-mail or electronic mail means a system for sending or receiving messages over a computer or electronic network through internet.

Therefore, to implement the above changes, the existing Rule 79 will be substituted with a new Rule 79. This change in the rules will facilitate speedier and more effective service of notices and orders of the various assessing authorities so that no dealer is harassed or kept in the dark regarding his assessment and other cases dealt with by the Excise and Taxation Department. This would also reduce the communication gap between the department and the dealer.

The Cabinet also approved the proposal of the Excise and Taxation Department regarding prescribing of declaration for use by registered dealers located in Special Economic Zone under sub section (6) and (7) of section 7 of the Haryana VAT Act, 2003.

Therefore, apart from inserting a new rule 21A, a new declaration form in Form VAT-D2A would be added in the Haryana Value Added Tax Rules, 2003 as this will help in implementing sub section (7) of section 7 of the Haryana Value Added Tax Act, 2003. It will facilitate purchase of tax free goods by units located within the SEZ and thus give them tax benefit.

The Cabinet also approved the proposal of Excise and Taxation Department to promulgate of an ordinance to amend provision of the Haryana Value Added Tax Act, 2003 and the Haryana Value Added Tax Rules, 2003 to dispense with form VAT C-3 for local purchases by Government departments.

Promulgation of the ordinance has been necessitated as the Vidhan Sabha is not in session. At present all goods when sold to the government departments which are otherwise taxable at a rate of more than 4 per cent are liable to VAT only at the rate of 4 per cent against form VAT C-3 under Haryana Value Added Tax Act, 2003. This facility to purchase goods at concessional rate of tax of 4 per cent was also available to government departments under the Central Sales Tax Act, 1956. It was withdrawn by the Central government with effect from April 1, 2007. Therefore, it was appropriate to bring all sales that is local and interstate sales made to government departments an equal rate under both the Haryana Value Added Tax Act, 2003 and the Central Sales Tax Act, 1956. Resultantly the government departments would have now to pay VAT at rates generally applicable to the purchased goods. The existing VAT rates are 5 per cent on some items and 12.5 per cent on the rest of them.

The Haryana Cabinet, , upgrade village Kulan as Sub Tehsil in Sub Division, Tohana, district Fatehabad, the Haryana Cabinet, which met under his chairmanship at Chandigarh today, approved the proposal to upgrade the village as a Sub Tehsil.

The proposal was received through Commissioner, Hisar Division. The total area of the Sub Tehsil would be 15469 hectares and population of 67,306. It will comprise 25 villages, three Kanungo circles and 12 Patwar circles.

At present there are three sub divisions, three tehsils and 3 sub tehsils in district Fatehabad.

The Cabinet also approved the proposal of Urban Local Bodies Department regarding allotment of 47 kanal 10 marla land of Municipal  Committee, Sampla to Model  School Society, Rohtak for construction of Model School at Sampla on lease basis for 99 years.

The Cabinet also approved the proposal regarding the allotment of 5 acres land of Municipal Committee, Meham to Model School Society, Rohtak for construction of school-building at Meham on lease basis for 99 years.

Similarly, the Cabinet also approved the proposal regarding sale of 1059 Sq. Yards land of Improvement Trust, Bhiwani lying vacant at Loharu road and falling under Development Scheme No. 29 to Dhanak Samaj Uthan Sangathan, Bhiwani.

It also approved amendment in the Punjab Economic and Statistical Organisation (State Service Group-C) Rules, 1963.

The Cabinet also approved the proposal of the Administration of Justice Department to repeal Haryana State Prosecution Legal Service (Group A) Rules, 1979 and frame the new rules.

The Cabinet also reviewed and approved Annual Administrative Reports of various departments. These included Annual Administrative Report of the Vigilance Department for the year 2010-11, Land Revenue Administration for the year 2009-10, 2010-11, 2011-12, Annual Administrative Reports of Directorate of Land Record for the agricultural year ending September 30, 2004 (2004-05), 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12.

The Cabinet also reviewed and approved Annual Administrative Reports of Registration Department for the year 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11, 2011-12 and Annual Administrative Report of Police Department for the year 2007.

The Cabinet also reviewed and approved Annual Administrative Reports of Department of Economic and Statistical Analysis for the year 2012-13, Environment  Department for the year 2011-12, 2012-13.

The Cabinet also reviewed and approved Annual Report and Accounts of Haryana State Pollution Control Board for the year 2010-11 for laying before the State Legislative Assembly. It also reviewed and approved Annual Administrative Reports of Technical Education Department for the year 2009-10, 2010-11, Department of Science and Technology for the year 2012-13 and of Sports and Youth Affairs Department for the year 2009-10.

Haryana Cabinet amended the Haryana Discretionary Grants (Regulation of Expenditure) Rules, 1969.

Haryana discretionary Grants (Regulation of Expenditure) Rules 1969 do not allow providing any grant of recurring nature. Usually these grants are allocated to any beneficiary only once. Further, in these rules there is no mention of Chief Parliamentary Secretary or Parliamentary Secretary whereas the Chief Parliamentary Secretary and Parliamentary Secretary are also entitled to these grants.

 It is sometimes necessary to provide assistance to the same institution more than once and for the same purpose to complete a particular work. The Department of Development and Panchayats has expressed that release of grant for second and third time to the same institution is a contravention of the existing rules, though it happens occasionally. Hence it was necessary to make amendments in the Haryana Discretionary Grants (Regulation of Expenditure) Rules, 1969. 

As per the amendment, a grant of recurring nature may be given subject to an outer limit of not exceeding Rs fifty lakh cumulatively in a financial year from the discretionary grant of a Minister, Chief Parliamentary Secretary or Parliamentary Secretary. The outer limit in case of the Chief Minister would be Rs one crore.

Haryana Cabinet amended Punjab Village Common Lands (Regulation) Rules, 1964.

The amendment provides that Panchayat may with the prior approval of the State Government, lease out its land by allotment for a period upto ninety nine years for establishing educational and medical institutions  by the State Government or the Central Government or its Boards and Corporations.

Approval for Medical Institutions and other educational institutions such as Medical Colleges and Universities are granted by the Medical Council of India or University Grant Commission only to the institutions who has either ownership rights or has lease rights of a period not less than 99 years over a land on which an institution is to be established.  Now the amendment provides that the land may be leased out for a period of 99 years for establishing such institutions.