BJP Govt in Himachal faces criticism due to misunderstanding over a clarification
Shimla: Recently, after a clarification was issued by the Himachal Pradesh Revenue Department to the Deputy Commissioner of Kangra district regarding Section 38-A of Section 118 of the HP Tenancy & Land Reforms Act stirred a controversy. The clarification said children of non-Himachali employees of the State government can also buy upto 500 square metres of land in the State for building a house.
The ruling government led by the Chief Minister Jai Ram Thakur faced severe criticism with allegations of ‘selling land to non-Himachali people for a non-agricultural purpose’. The same clarification was issued earlier in July too, but that did not catch the attention of the media or the people.
It was repeated in August and this time it did rounds of social media. The Chief Minister yielded to the mounting criticism and withdrew clarification issued.
However, the original provision was actually introduced by the previous government through an amendment. The current government was just extending this provision to other family members of the eligible employees. However, only one member of the family was allowed to apply under Section 118 of the said Act. Moreover, there was no exemption from the Section 118. The candidates were still required to apply under the Act to obtain permission.
In July 2014, the then ruling government led by Chief Minister Virbhadra Singh had embedded provisions in Rule 38- A of Section 118 of the said Act through an amendment. It was called the ‘Himachal Pradesh Tenancy and Land Reforms (Amendment) Rules, 2014’. The amendment was mostly related making it easier for non-Himachali for setting up industrial units in the state.
The amended Act in its sub-section 3 of the Rule 38-A along with other points said,
“A person working in the state for more than 30 years recommended by the concerned local body ( DC) for grant of permission” can buy a land upto 500 square metres for constructing a residential building.
Read A Notification of the Revenue Department Issued in Sept 2014:
Similarly, a person who fulfils the above-mentioned eligibility can also purchase land up to 300 square metres for construction of a shop.
The previous Congress government and several petitioners had been reaching the court time to time terming the provision to ban non-agriculturists and non-Himachali’s from buying land in the State as a violation of the “Articles 14, 15, 19 (e) and (g) of the Constitution. Section 19 (e) of the constitution says that an Indian citizen has the constitutional right to reside anywhere in the country as per his wish.
In June 2016, the Chief of HP Congress, Sukhwinder Sukku, had also supported the need to amend the Act on similar grounds.
The petitioners argued that this rule is also creating hindrances in developmental activities in the State. It was claimed that even non-agriculturist Himachali people were also barred from buying land for any purpose other than agriculture which was unfair.
The Act was amended multiple times since its adoption and the current government is also in favour of making amendments in the Act to relax conditions for acquiring land in the State. The government believes the dilution of this Section would make it easier to invite more investments, thus, help in the growth of the economy.
Moreover, acting on these petitions, in September 2016, the Himachal Pradesh High Court had even directed the state government to make suitable amendments in rules to facilitate the purchase of land, both agriculture and non-agriculture, by non- agriculturist Himachalis.
This court deems it fit and proper to direct the state government to make suitable amendments to Section 118 of the HP Tenancy and Land Reforms Act, 1972 read with HP Tenancy and Land Reforms Rules, 1975 in order to facilitate to purchase any land (agricultural and non-agricultural) in the state by non-agriculturist Himachalis residing in the state for decades, prior to the date of commencement of the HP Tenancy and Land Reforms Act, 1972, within a period of 90 days from today,
a division bench of justices Rajiv Sharma and Sureshwar Thakur said.
At the same time, the people of the State and social organizations have always been against any dilution of Section 118 of the Act, which was passed in 1972 to check to sell of agricultural land to wealthy non-Himachalis by the poorer agrarian community. The government feared the trend would lead the native farmers landless and the economy of the state would also be affected as the majority of the population was dependent on agriculture and horticulture for livelihood.
HP Govt Employees to Get Higher Pay Scale on Completion of Two Years of Service: CM Jairam
Shimla-Himachal Pradesh Government employees working in different departments before January 3, 2022, would be given a higher scale at par with other employees on completion of two years tenure of regular service. A higher pay scale was also announced for the Junior Office Assistants (IT) on completion of two years of regular service.
Chief Minister Jairam Thakur made these announcements during the Karamchari Maha Sammelan of the Himachal Pradesh Non-Gazetted Employees Federation at the hotel Peterhof on Sunday.
He appreciated the role played by the employee especially frontline workers in the battle against the pandemic.
He said most of the government employees in the state have been given revised pay scales and on average, every employee has got the benefit of a 12 to 15 percent salary hike. There has also been an increase in the pension of about 1.50 lakh pensioners of the state. The financial benefits of Rs. 7801 crore have been given to state government employees and pensioners from the year 2018 to 2022. The pensioners who retired before 2016 are getting the benefit of a 15 to 20 percent increase in the pension while around 40 thousand pensioners who retired after 2016 would be benefitted soon, he said.
He said the daily wages were Rs. 210 in the year 2017 which has been increased by the present state government to Rs. 350. Similarly, 12 per cent interim relief annually has been provided to government employees and pensioners during the present government’s tenure. He said the Himachal government has provided Dearness Allowance to its employees and pensioners on the lines of Punjab and Central governments from the due date. The Punjab government has given only 5 percent interim relief to the employees while the Himachal government has provided 21 percent interim relief to its employees.
“Out of the total interim relief amount given to the employees and pensioners amounting to about Rs. 6500 crore, Rs. 3500 crore has been paid during the tenure of our government” added the Chief Minister.
He said that the state government has increased the government contribution for NPS employees from 10 percent to 14 percent benefitting more than one lakh employees. The NPS employees are being given the benefits of retirement and death gratuity at par with employees falling under the old pension scheme. The government has also increased the upper limit of death gratuity from Rs. 10 lakh to Rs. 20 lakh.
The Chief Minister said the state government has also increased the honorarium of para-workers working in various departments. The salary of outsource workers has been hiked by Rs 1,500 per month.
Non-Gazetted Employees Federation President Ashwani Thakur thanked the Chief Minister for providing various financial and other benefits to different categories of government employees.
Most Covid Restrictions to be Lifted From March 31, Mask and Hand Hygiene to Continue
New Delhi-The Centre has issued a notification to the States informing that the provisions of the Disaster Management (DM) Act, 2005 will not be invoked in the country after March 31. The Union Health Ministry said that the use of face masks and following hand hygiene will continue.
It implies that most of the Covid-related rules and restrictions would end.
Union Home Secretary Ajay Bhalla issued the notification which said that the decision was taken following the overall improvement in the situation and the preparedness of the government in dealing with the COVID-19 pandemic.
However, local authorities and State police can still invoke fines and criminal cases against persons violating COVID-19 norms under the Indian Penal Code (IPC), a senior government official said.
The DM Act was invoked on March 24, 2020, due to the pandemic
“Over the last seven weeks or so there has been a steep decline in the number of cases. The total caseload in the country stands at 23,913 only and the daily positivity rate has declined to 0.28%. It is also worth mentioning that with the combined efforts, a total of 181.56 Cr vaccine doses have been administered,” the notification said.
“I would like to mention that in view of the nature of the disease, we still need to remain watchful of the situation. Wherever any surge in the number of cases is observed, the States/UTs may consider taking prompt and proactive action at a local level, as advised by MoHFW (Health Ministry) from time to time,” the notification said.
The Indian government had issued various guidelines and measures for the first time on March 24, 2020, under the Disaster Management Act to curb the COVID-19 situation in the country, which have been modified several times thereafter.
India currently has 23,087 active COVID-19 cases and recorded 1,778 new cases and 62 deaths in the last 24 hours. The daily positivity rate has also declined to 0.28%.
HP Cabinet Decisions: Country Liquor Made Cheaper in New Excise Policy, Read All Decisions
Shimla-A meeting of the Himachal Pradesh Cabinet was held on March 20, 2022, under the chairmanship of Chief Minister Jai Ram Thakur.
The excise policy for the financial year 2022-23 was approved. Approval was also given for the renewal of retail excise vends in the state for the financial year 2022-23 at the renewal fees of 4% of the value of unit/vend.
The State Government said that wants to enhance the government revenue and curb the smuggling of country liquor from the neighbouring states by a reduction in its price.
The brands of Country Liquor will be cheaper as license fees have been reduced. This will help in providing good quality liquor at a cheaper rate to the consumers.
In the new excise policy, the 15% fixed quota of country liquor for manufacturers and bottlers to be supplied to the retail licensees has been abolished. According to the government, this step will give the retail licensees to lift their quota from the suppliers of their choice and further assure the supply of good quality country liquor at competitive prices. The MRP of country liquor will be cheaper by 16% of the existing price.
In this year’s policy, the Gaudhan Vikas Nidhi Fund has been enhanced by Re.1/- from the existing Rs.1.50 to Rs.2.50.
The fixed annual license fee of Bars has been rationalized by abolishing the area-specific slabs of license fee. Now throughout the State, there will be uniform license slabs based upon the room capacity in hotels.
Rates of the annual fixed license fee of Bars in the tribal areas has been reduced considerably.
Further, all the above stakeholders will have to install CCTV cameras at their establishments as it was made mandatory for them.
Wholesale vends and retail vends, the penalty provisions under the H.P. Excise Act, 2011 have been made more stringent.
An end to end online Excise Administration System would be established in Himachal Pradesh, the government said.
HP Government estimates a collection of Rs 2131 crore revenue during the year, which will be Rs. 264 crores higher than the financial year 2021-22 – growth of 14% in state excise revenues.
The Cabinet also gave its nod to amend Himachal Pradesh Disaster Relief Manual-2012 to include deaths due to biting of honey bees, hornet and wasps, accidental drowning and deaths due to accidents of vehicles (including land, water and air) under this Manual.
The Cabinet gave its approval for filling up 11 posts of ‘A’ Class Tehsildar in Revenue Department through direct recruitment on regular basis through Himachal Pradesh Public Service Commission.
HP State Toll Policy 2022-23
The HP Cabinet also gave its nod to HP State Toll Policy for the year 2022-23 which envisages auction cum tender for all the toll barriers in the State. During the year 2021-22, toll revenue has registered a growth of 20 percent of the previous year’s revenue.