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Proceedings and Resolutions (Translated) of the 14th Session of the National Council of Bhutan (Wednesday, 12 th November 2014 corresponding to the 21 st Day of the 9th Month of Wood Male Horse Year of the Bhutanese Calendar) A. Proceeding for the Opening Ceremony The opening ceremony of the 14 th session of the National Council of Bhutan was held on 12 th November 2014 corresponding to the 21 st Day of the 9 th Month of Wood Male Horse Year of the Bhutanese calendar. The traditional Marchhang Tendrel ceremony was presided over by the Chairperson. B. The Chairperson’s Opening Address The Chairperson expressed his gratitude to His Majesty the King for the wise guidance and reminder to the nation on the celebrations of the 60 th Birth Anniversary of His Majesty Jigme Singye Wangchuck. More than the celebrations of the historic moment, he said that the occasion would provide a great opportunity for all Bhutanese to express their gratitude and pay homage to His Majesty the Fourth Druk Gyalpo for brining unprecedented peace, security, happiness and socio- economic development aimed solely at fulfilling the interest of the nation and its people, and also to pray for His long life. The Chairperson pointed out that while offering Tenzhug (prayer for long life) to His Majesty the Fourth Druk Gyalpo by the Zhung Dratshang a few days ago, one of the lines of the Tenzhug composed by His Holiness the Je Khenpo stated that although His Majesty the Fourth King was a jewel of the entire world, the privilege to reap the benefits of that jewel rested solely with the people of 1 Bhutan. Although His Majesty the Fourth Druk Gyalpo abdicated the Throne, the presence of His Majesty the Fifth Druk Gyalpo in true person made no difference to the country. He said that such a blessed state of affairs was possible because of not just the individual merits but the collective good fortune of all the Bhutanese people. He also said that we should consider ourselves very fortunate to celebrate such occasions and earn further merits. Similarly, the performance of Sanga Dorji Thegpai Ngajur Moenlam at the Thimphu Memorial Chorten by the Great Nyingma Masters to pay tribute to His Majesty the Fourth Druk Gyalpo on His 60 th Birth Anniversary was a great opportunity for the Bhutanese to accumulate merits and disband demerits. The Chairperson dedicated the 14 th Session of the National Council as part of the celebrations and reminded the members not to take the deliberations on the legislative & policy issues and reports in the agenda as part of their normal functions. Instead, he asked them to bear in mind the significance of the year, and aim at passing historic resolutions through meaningful deliberations in the interest of the nation and its people. Finally, the Chairperson offered his prayers for the long life and glorious accomplishments of His Majesty the King, His Majesty the Fourth Druk Gyalpo and the Royal Family in view of the sacred occasion of the Descending Day of Lord Buddha which would be observed on the following day. 2 (14 th November and 3 rd December 2014 corresponding to the 23 rd Day of the 9th Month and the 12 th Day of the 10 th Month of Wood Male Horse Year of the Bhutanese Calendar) C. Implementation Report on the Resolutions of the 13 th Session of the National Council The National Council during its 13 th Session had deliberated on three issues related to review of policies and submitted recommendations to the government and relevant agencies. The Chairperson of the House Committee submitted the implementation reports that were received as per Annexure I during which some members pointed out that answers to one of the issues related to LPG cylinders and another on the import of second hand electric vehicles were not given clearly. The issues were further deliberated upon and following resolutions passed: 1. Resolution no. F (1): Of the 5 resolutions submitted to the Government on the issue of shortage of LPG cylinders and kerosene oil, responses on 4 resolutions were received. Since answer to resolution no. 2 was not received, it was resolved that written answer shall be sought for detailed understanding of the issue. 2. Resolution no. H (1): On the issue related to review of the policy of import of second hand electric vehicles, 3 resolutions were submitted to the Government on which answers were received. However, since the answers did not provide detail information, it was resolved that written answer shall be sought for detailed understanding of the issue. 3 D. Report on Issues received from Dzongkhag Tshogdus Among the issues received from the Dzongkhag Tshogdus, the Hon’ble Member of Chhukha Dzongkhag reported to the House on issues related to land compensation and land substitution as per Annexure II. On this, the House reached a consensus to seek clarification from the National Land Commission and the Department of National Properties at the earliest and submit a report. Accordingly, clarifications were received from the two agencies concerned and submitted to the House as per Annexure II on 3/12/2014. (Monday, 17th November 2014 corresponding to the 25th Day of the 9th Month of Wood Male Horse Year of the Bhutanese Calendar) E. Legislative Issues 1. Introduction of the Local Government Members’ Entitlement Bill of Bhutan 2014 The Member-in-charge of the Local Government Entitlement Bill, Hon’ble Minister for Home & Cultural Affairs in his introduction said that it was not just the central government but the local governments, too, were equally important to establish and sustain a strong democracy in the country according to which a Local Government Act was adopted in 2009. In keeping with Chapter 11 of the Act which spells out the responsibilities, powers and entitlements of the local government members, a Local Government Members’ Entitlement Bill was felt necessary. The Ministry of Home & Cultural Affairs and the department concerned started drafting a Bill since 2010. It was not only submitted to the Cabinet, but was also reviewed by the second Pay Commission. 4 The main objectives of the Bill were to attract competent and experienced candidates to participate in local governments since local governments were very important in a democracy, to prevent corruption through provision of benefits as per their entitlements, and to fill the vacancies that currently existed in the local governments. If a separate Bill was not there, all entitlements would have to be decided by the Government in future giving rise to doubts and reservations to those participating in local government elections. Therefore, the minister said that there was an absolute need for this Bill. The newly drafted Bill not only covered salary, but also travel allowance, daily allowance, leave entitlements and other benefits similar to the entitlements of the Members of Parliament and civil servants to ease the difficulties faced by those working in local governments. The Bill was first deliberated in the National Assembly during its 3 rd Session and submitted to the National Council. The minister asked the National Council for a thorough deliberation and adoption of the Bill in the interest of the nation and the people, in particular, the principles of democracy. 1.1. Deliberations on the Bill The National Council deliberated on the Local Government Members’ Entitlement Bill of Bhutan 2014 on 17/11/2014 and 19/11/2014. Following amendments and changes were made which shall be submitted to the National Assembly for re-deliberation. Preamble WHEREAS, pursuant to the Constitution of the Kingdom of Bhutan 2008, a member of the Local 5 Government is entitled to remuneration, allowance and benefits; AND WHEREAS, the Royal Government deems necessary to ensure effective discharge of responsibilities by Local Governments and to enhance the efficiency, commitment to service and morale of the members of the Local Government. Parliament of Bhutan does hereby enact the Local Government Entitlements Act of the Kingdom of Bhutan 2013 on the ....day of the …month of Female Water Snake Year of the Bhutanese calendar corresponding to the…day of …, 2013 at its … session of the Second Parliament WHEREAS Whereas , the Constitution of the Kingdom of Bhutan 2008 stipulates that there shall be a system of Local Government in the Kingdom comprising Dzongkhag Tshogdus, Gewog Tshogdes and Thromde Tshogdes in order to facilitate the direct participation of people in the development and management of their social, economic and environmental well-being; WHEREAS Whereas , a high institutional capacity of the Local Governments is indispensible to fulfill the roles entrusted to them by the Constitution; and WHEREAS Whereas it is desirable that members of Local Governments be provided with equitable, adequate and competitive remuneration, allowance and benefits to serve as incentive to discharge their duties with competence, integrity and fidelity.; Parliament of the Kingdom of Bhutan on the ….day of the…..Month of Wood Male Horse Year of the Bhutanese calendar, corresponding to the ……day of 6 ………. 2014 enacts the Local Government Members’ Entitlement Act, 2014 as follows: Section 4.1 … attract competent and high quality qualified candidates; Section 5.4 Other allowances, benefits and emoluments as may be approved by the Government as per the regulations from time to time. Section 6 The entitlements salary, allowances and benefits shall be such amounts as may be determined by the Government on the r ecommendation of the Pay Commission, in accordance with the provisions of the Constitution of the Kingdom of Bhutan, 2008. Section 8 Commencement and Termination of Entitlements A member shall be entitled to salary, allowances, benefits and other emoluments from the day on which the member is declared elected.
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