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LOK SABHA ___

SYNOPSIS OF DEBATES (Proceedings other than Questions & Answers) ______

Saturday, February 13, 2021 / Magha 24, 1942 (Saka) ______

**MATTERS UNDER RULE 377 1. DR. D. RAVIKUMAR laid a statement regarding restrictions on webinars conducted by educational institutions. 2. DR.BEESETTI VENKATA SATYAVATHI laid a statement regarding problems due to bridge construction over Sarada River in Vishakhapatanam district. _____

THE UNION BUDGET- 2021-22- GENERAL DISCUSSION -Contd. *SHRI ASHOK MAHADEORAO NETE *SHRI M.K. RAGHAVAN *SHRI LAVU SRIKRISHNA DEVARAYALU *SHRI DEVAJI PATEL *SHRI AKSHAIBAR LAL *SHRI KULDEEP RAI SHARMA

** Laid on the Table as directed by the Chair. * Please see Supplement *SHRI JASVANTSINH SUMANBHAI BHABHOR *SHRIMATI ANNPURNA DEVI *DR. SUBHASH RAMRAO BHAMRE *SHRI *SHRI RAJU BISTA *SHRI SUNIL KUMAR SINGH *SHRI SUKHBIR SINGH JAUNAPURIA *SHRI KAPIL MORESHWAR PATIL *SHRI RAMSHIROMANI VERMA *SHRI AJAY TAMTA *SHRI ASHOK KUMAR RAWAT *KUMARI SHOBHA KARANDLAJE *DR. SHRIKANT EKNATH SHINDE *DR. KALANIDHI VEERASWAMY *DR. HEENA VIJAYKUMAR GAVIT *SHRI *DR. THE MINISTER OF FINANCE AND MINISTER OF CORPORATE AFFAIRS (SHRIMATI ) replying, said: This Budget has set the pace for India to become Atmanirbhar. We have focussed on stimulus plus reforms and these reforms are going to lay a path for India to be one of the top economies of the world in the coming decade. After independence, the Indian Government adopted socialist policies, nationalised institutions and constricted our enterprises, particularly the small and medium ones. On the other hand, the BJP, since Jana Sangha days has consistently believed in India, respecting Indian entrepreneurial skills, Indians managerial skills, Indian trade skills, Indian business skills and Indian youth. Now, I come to the specific questions which were raised by several Members. I will very quickly respond without taking specific hon. Member's name. On agriculture, for instance, there was this question, why did you reduce the budget by about Rs. 10,000 crore? The data given in the Budget on that account has been misread. It is because benefits worth Rs. 1.15 lakh crore have been transferred to the bank accounts of 10.75 crore farmers since the inception of Pradhan Mantri Kisan Samman Yojana. In the Budget Estimate of 2020-21, the allocation of Rs. 75,000 crore was made under this scheme. In RE, it came down to Rs. 65,000 crore because the list of those farmers did not come to us, we were not able to pay them, and to that extent, the amount was not fully utilized. Next, there were questions about health. It was said that we are bringing in water and sanitation and therefore, we have not paid attention to health. That is not true. Even the WHO has said that water and sanitation contribute to health. If there is no management of sanitation efforts, you are going to have health related problems. Therefore, it is a comprehensive logical approach that we have taken. The allocation to the Health and Family Welfare has seen 9.67 per cent growth. The allocation to the Ministry of AYUSH has been increased by 40%. Health research has been provided with 26.8 per cent more allocation. Coming to the Defence expenditure, the allocation under the heads of revenue and capital has been increased but it has come down on the account of pensions. It is because after the introduction of OROP, there were a lot of pending payments accumulating as arrears. At one time we cleared it last year, which, therefore, accounted for a higher allocation. This year, now that we have resolved, rationalised and stabilised, naturally that one-time payment, will not be repeated. Coming to MGNREGA, the Government has used funds openly and transparently. The previous governments used to allocate big amounts through budgeted estimates, but actually, would not utilize it. That means, either they did not care for it or they gave it to their cronies and forgot the actual workers. But under the tenure of this Government, the utilization level has increased. For example, in 2019-20, Rs. 60,000 crore were allocated while Rs. 71,686 crore were utilised which means that for a demand-based programme, we also keep giving. In 2020-21, Rs. 61,500 crore were allocated because Budget was presented in February, much before the Corona crisis. As the year went- Corona crisis, pandemic, lockdown and then, after the lockdown, migrant workers going back to their villages- we have increased that to Rs. 1,11,500 crore. We are addressing the distress which the MSMEs are facing. We are suspending some of the clauses of the IBC making sure that no one from the MSMEs will be pulled to the courts either for resolution or for failure to pay their due debts and so on. We have also kept extending dates of due payments or any kind of compliance that they have to do. We have given relief from the point of view of giving some money so that they can have additional working capital, extended term loans and so on without being asked for any new additional security. We have also increased the working capital for a lot of other companies which did not strictly come under the category of MSME. Anyone who had an account in the bank could go and ask for loan under the Emergency Credit Guarantee Liquidity Support Scheme. Also we had a Subordinate Debt Scheme through which companies which were already in distress were given assistance. PM SVANidhi Yojana is tailored for small traders. Under the Pradhan Mantri Awas Yojana, more than 1. 67 crore has houses have been completed. Since October, 2017, 2.67 crore houses have been electrified under the Saubhagya Scheme. Under the PM Gram Sadak Yojana, more than 2,11,000 kms of road have been built since 2014- 15. The number of farmers registered under e-NAM is 1,00,69,000. The number of farmers registered under PM Fasal Bima Yojana is nine crore. The allocation in the Finance Commission has not actually come down; it is the due appropriate share for the States. As regards discrepancy in the numbers about Aatmanirbhar package, announced by the Government, I would like to make it clear that it is the combined financial impact of Garib Kalyan Yojana and Aatmanirbhar package which stands at Rs. 29.87 crore. I am sure that this Budget would increase demand in the country. I would also like to add that 0.8 per cent deviation in the fiscal deficit for the year 2019-2020 was necessitated on account of structural reforms. The allocations for Minority Affairs and for SC and ST have actually increased. The Congress party won elections in several states on the promise of loan waiver of farmers. But, loans of farmers have not been waived off in , Madhya Pradesh and Chhattisgarh. I thought that when the senior leader of that party rise in the House to deliver his speech, he would tell about the reasons for not being able to waive off the loans of the farmers. However, he did not cover that point. He should have at least taken up the issue of stubble burning in Punjab but he did not speak as to what relief will be provided by the Congress Government of Punjab to the farmers. I had also expected him to pick up one clause from three farm laws as to how the farmers are being going to be affected adversely by that provision but he did not talk about any such clause. Has the APMC been stopped in any state after notification of the three farm laws? No, it has not happened in any state. Our Government has been providing additional funds to enhance the structure of the APMC in the states. The Congress party takes one position in Rajya Sabha and other in . I would, therefore, like to dwell upon two specific tendencies of the Congress party. First, they peddle the fake narratives. They form the institution, misuse them and utilize them for their own self-interests. Secondly, they think that they would say whatever they wish to, in the House, would level unfounded charges, would use abusive language but when they are responded to point by point, they would cause din in the House and would walk out from the House. They did exactly the same during discussion on the budget. Therefore, we need to identify these two tendencies of the Congress party as they do not have any faith in the elected parliamentary system of our country. The discussion was concluded. ______STATUTORY RESOLUTION Re: Disapproval of the Jammu and Reorganisation (Amendment) Ordinance, 2021 (Ordinance No.1 of 2021)

And

THE JAMMU AND KASHMIR REORGANISATION (AMENDMENT) BILL, 2021

SHRI ADHIR RANJAN CHOWDHURY moved that this House disapproves of the Jammu and Kashmir Reorganisation (Amendment) Ordinance, 2021 (Ordinance No.1 of 2021) promulgated by the President on 7 January, 2021. THE MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY) moved that the Bill to amend the Jammu and Kashmir Reorganisation Act, 2019, as passed by Rajya Sabha, be taken into consideration. With the passage of Jammu and Kashmir Reorganisation Act, 2019, two union territories namely Jammu and Kashmir with Legislature and Ladakh without Legislature were carved out from the state of Jammu and Kashmir. The creation of these two union territories and their integration with the Union of India fulfilled the long cherished dream of ‘One Nation, One Constitution’ of our hon. Prime Minister. Following holistic approach, development is being fast paced at all levels in these two states. We have brought this Bill precisely for merging of All India Service Cadre with (AGMUT) cadre. I, therefore, request all the Members to kindly pass this Bill. SHRI ADHIR RANJAN CHOWDHURY initiating said: Invoking and promulgating Ordinances at the regular intervals does not augur well for the parliamentary democracy of our country. The Ordinance amends Section 88 Sub-section 3 by stating that officers so borne or allocated on AGMUT cadre shall function in accordance the rules framed by the Central Government. The move will help to tackle the shortage of All India Service Officers in Jammu and Kashmir as has been argued by the Government. The Government had promised to all that Jammu and Kashmir will become a heaven. All the citizens of J&K would get jobs, terrorism will end and Pakistan would not have any room for any interference in the state but more than a year and a half time has passed by and this Government has come up with this amendment. Therefore, the Government must admit that they abrogated the Section 370 without any advance preparation. Jammu and Kashmir is such a state where people do not have much faith in the bureaucracy. Therefore, the local officers must be appointed there in large numbers so as to improve the general administration. There is a lot of trust deficit in Jammu & Kashmir and that is why I would like to say that it would be better for the Jammu & Kashmir administration to appoint more and more local officers there. When will the Jammu & Kashmir get statehood? We are very concerned about Jammu & Kashmir because normalcy has not returned there as yet. There is an atmosphere of fear there. Internet services and all kinds of communications were stopped in Jammu & Kashmir but even then you have failed to restore normalcy there. You tried to expose many scams under the Roshni Act and made efforts to not allow investigation into the Roshni Scheme and went to the High Court. The DDC elections were marred by the detention of the political leaders. Business worth more than Rs. 90,000 crore has been lost there. You have allocated 3,000 acres of land for the industrial sector but failed to allocate even 200-300 acres of land for the Kashmiri Pandits. SHRI HASNAIN MASOODI: I rise to speak against the Jammu & Kashmir Reorganisation (Amendment) Bill, 2021. Unilateral and illegal decisions were taken on 5th August, 2019. The Government had violated the Article 3 by not asking the State and it had no right to abrogate the Article 370. Today’s amendment is very bad. The hon. Home Minister had on 5th August promised on this floor that previous situation will be restored but if it will get restored then what is the need of bringing the 93rd Amendment? You are bringing Jammu & Kashmir towards uncertainty. There are no signs of any kind of tourism there. The Government is challenging our apples by importing fruits from abroad. Sand mining has already become a huge racket. This will result in the loss of employment for the poor people of Jammu, Kathua and Udhampur. The Government should do justice with Jammu & Kashmir and respect its ambitions and political aspirations. My only request is that the Government should withdraw this Bill. It should not be implemented. DR. SATYA PAL SINGH: I rise to speak in favour of the Jammu & Kashmir Reorganisation (Amendment) Bill, 2021. This bill has been brought for all round development of Jammu & Kashmir and its complete integration with the country. It is an effort to remove the shortcomings that were left in the legislation of 2019. No other land in the country has produced the number of scholars as Jammu & Kashmir. It’s hard to describe the level of fanaticism, separatism and corruption in Kashmir that was prevalent there even after 1947. Thousands of Kashmiri Pandits were butchered. We have failed to give them justice. It was a kind of genocide. But nobody got convicted even in a single case. How painful it is. There were this kind of officers which has necessitated this change. Lakhs of acres of forest land was encroached upon under the ‘Roshni Scheme’ because the forest law was not applicable there. In 1994, there were 3 mosques in Jammu & Kashmir but today more than hundreds of them are there. Only few acres of land was asked for Amarnath Yatra and what a scene was created in the entire Jammu & Kashmir over it. But, the then Government did not do anything. Public property have been damaged in Kashmir. There we talk about transparency and good governance. We want to bring such legislation. Prevention Of Corruption Act was not implemented there. No legislations were in force there. Medical Termination of Pregnancy Act and Muslim Women Protection of Rights Act were also not in force there. We will fully implement centrally sponsored schemes there. DR. T. SUMATHY(A)THAMIZHACHI THANGAPANDIAN: I am deeply grieved and pained when I heard our Prime Minister coining a term 'andolan jeevis' in the context of our farmers' protests. It is the basic rights of our farmer brothers and sisters to protest and to show their resistance. When the Jammu and Kashmir Reorganisation Act, 2019 was implemented, the BJP Government has not only breached that contract but also it has buried the democracy. You have buried federalism. You have buried the rights of liberty as well as the civil rights of the people of Kashmir. In August, 2019, the Government not only bifurcated the State but reduced the status of that of a Union Territory thereby increasing the chance of a direct Central hand in the day-to-day management. When you boast of a paperless Budget you running a visionless Government which has brought such draconian laws. Revolt is the right of the people. When injustice becomes law, resistance becomes duty. PROF. SOUGATA RAY: I am to speak on the Jammu and Kashmir Reorganisation (Amendment) Bill, 2021. For the first time in the history of the country, the Home Minister abolished a State- what a draconian step - and made it into a Union Territory. Through the recently completed district-level elections were a good thing, but the development that they promised has not happened. 4G internet was restored after 500 days. The students did not have the facility of internet and so they suffered during pandemic. The Prime Minister has decided to lower the quota from the existing 50 per cent to 33 per cent of the local officers from State Services to IAS, IPS and Indian Forest Service in Jammu and Kashmir and Ladakh. It is a wrong step. This 67.33 formula will seriously affect the promotion prospects and career prospects of Kashmir Administrative Service and Kashmir Police Service officers. This Ordinance was unnecessary, ill-timed, undemocratic and against the principles of the Constitution. SHRIMATI CHINTA ANURADHA: On behalf of my party, we support this Bill whole-heartedly. The huge deficiency of officers of All India Services in the Union Territory of Jammu and Kashmir has adversely affected the welfare schemes, Centrally Sponsored Schemes and all other allied activities. Hence, there is an immediate requirement of merger with AGMUT so that the officers in the cadre can be posted in the Union Territory of Jammu and Kashmir to meet out any deficiency. The proposed amendment is necessary for building a conducive environment for development and prosperity by making bureaucracy people-centric and people-friendly. Moreover, I would request the Government to reserve at least five per cent jobs in all the public and private sectors in the Union Territory to sustain the livelihoods of the Kashmiri Pandits. SHRI RAJIV RANJAN SINGH ' LALAN': We had also not supported the abrogation of the Article 370 but today it has become a law. If this Parliament enacts a law and the same is enforced today then we all should accept it. This Bill deals with the Officers of Indian Administrative Service. How are the rights of local Officers being encroached upon? Today if the Government led by the hon. Prime Minister has started to place Jammu and Kashmir on growth trajectory and if the merger of the Services has been decided keeping the shortage of Officers in the Union Territory in view, it is a welcome move. Development works are being undertaken there in a fast track mode and this Bill has been brought in by the Union Government to provide momentum to the said development and hence it should be immensely supported. With these words, I support this Bill. SHRI MALOOK NAGAR: The Government intends to provide those rights to the downtrodden, the poor and the backward classes of Jammu and Kashmir by bringing this Bill from which they have been deprived for the last 70 years. The Bill seeks to facilitate that good Officers are chosen and deployed in such area of the country where they are urgently required. Bakkarwal Gurjars constitutes 29.4 per cent of the population of Jammu and Kashmir and they are engaged in animal husbandry. That is why I would like to urge upon that an SEZ may please be developed there so that they may have access to facility of selling their milk products in the domestic and international market. SHRI BHARTRUHARI MAHTAB: The Jammu & Kashmir Reorganisation (Amendment) Ordinance was promulgated by the President of India on 7th January, 2021, just three weeks before the Budget Session commenced. There has to be some specific reason as to why an Ordinance has come. Till now, I have not heard anything from the Government’s side that why it became expedient to bring an Ordinance on 7th January when the House was going to meet on 29th January, 2021. What was the immediate cause that an Ordinance was necessary and that too relating to enhancement of the quota of IAS and IPS Officers? This needs to be explained. The amendment is that in addition to Article 239A, any other provision of the Constitution which refers to the elected members of legislative assembly of a State and is also applicable to the Union Territory of Puducherry will also apply to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. It is not that by removing or making the State into a Union Territory that Assembly loses its nomenclature. Assembly will be there as Assembly is there in Puducherry. Assembly can also be formed in Jammu and Kashmir. In that respect, the conception that is being created that with the status of a State not being given to Jammu and Kashmir, the Assembly will not be there, is not correct. SHRI NAMA NAGESWARA RAO: Clause 13 and 88 of this Bill have been proposed to be amended and we, on behalf of our party, support both of these amendments. At the same time, I would like to submit that the state of Telangana was formed by the Andhra Pradesh Reorganization Act, 2014. There is shortage of IAS and IPS Officers in our Telangana. There should have been 208 IAS Officers and 140 IPS Officers in Telangana but we have merely 140 IAS and 105 IPS Officers. We expect from the Government that this shortage will be met at the earliest. SHRI E. T. MOHAMMED BASHEER: I would humbly appeal to the Government to have an introspection of what exactly has happened after the abrogation of Article 370 of the Constitution. We have heard a number of claims from the Government’s side, like J&K after abrogation of Article 370 has become a paradise. Backwardness is still there in J&K. Fake encounters are still going on. I would just like to ask one thing. When are you going to give back the statehood to them? Why are you transferring officers from other States like Goa, Mizoram, and so on to J&K? The local nature of a particular State should be kept in mind. SHRI BRIJENDRA SINGH: This Bill, which seeks to amend the Jammu and Kashmir Reorganisation Act of 2019, by itself is unexceptional. It simply means that once J&K and Ladakh have become UTs, then under the IAS Cadre Rules of 1954, the merger with the UT cadre is only logical corollary. This would apply mutatis mutandis to the IPS and IFS cadres as well. I agree that hitherto there were an All India Services which were working in the State of Jammu and Kashmir but now, a fresh beginning has to be made. In any case, it must be recognized that there is a severe deficit of All India Service officers in Jammu and Kashmir. Moreover, in spite of its natural charms, the State of Jammu and Kashmir was not a preferred option for young officers. After the passing of this Bill, the UTs of J&K and Ladakh will have access to this pool of All Service officers that are allocated to AGMUT cadre. Furthermore, officers promoted to the All India Services for J&K State Services will be exposed to other parts of the country. They will be part of the AGMUT cadre and so they will be transferable to all the other Union Territories and States which will be covered under the AGMUT cadre. Needless to say, that the transfer of officers to and from across the country to Jammu and Kashmir will also help integration of J&K with the rest of the country. SHRI N.K. PREMACHANDRAN: This is a consequential amendment to the Constitutional amendment that we passed in the year 2019. With regard to the Bill, two amendments have been proposed. I have no objection or opposition to the proposed amendments because it is required and essential to set right the original Jammu and Kashmir Reorganisation Act of 2019. The proposed amendment to Section 88 is regarding Administrative Service. It is a welcome step by the Government which seeks to provide sufficient and adequate administrative personnel in the Union Territories of Jammu and Kashmir. But, I would like to know the actual state of affairs in the State of Jammu and Kashmir now because the State of Jammu and Kashmir has got divided into two Union Territories, namely, Ladakh and Jammu and Kashmir. I want to know about the law and order situation there. Similarly, I would like to make a suggestion to this august House. At least one representative from each political party should visit the State of Jammu and Kashmir to have first- hand information regarding the state of affairs of Jammu and Kashmir. As far as the amendments are concerned, we have no stringent opposition but still, I would urge upon the Government of India to bring back normalcy at the earliest by protecting the civil rights of the people residing there and also bring back the statehood of Jammu and Kashmir. SHRI : I welcome this Bill. This will enhance the efficiency of our officers. Especially, about Ladakh, I would like to say that before becoming a UT, there were two district magistrates and two SSP posted here, but today, at least 15-20 officers of the All India Services are working here. The implementation of this Bill will enhance the efficiency of the officers and also bring effectiveness to the administration. The posting of officers from different states will enhance national integrity. At the same time, it will bring development in the border area. There is a shortage of officers in Jammu and Kashmir cadre and the shortfall will be removed after the Bill is implemented. Moreover, it will also bring uniformity in governance. We also want to welcome the officers from other states. They come and serve in Ladakh, only then Ladakh will grow. I also demand that a Public Service Commission be set up for Ladakh. SHRI MANISH TEWARI: This Bill aims to give stability to the bifurcation of Jammu and Kashmir. I would like to remind this House that when the Jammu and Kashmir Reorganisation Bill was brought, it was said that it would bring peace and development to the country. But what has happened in the last 17 months is totally contrary to that. There have been many ceasefire violations. No industry has been established in the last 17 months. More than 60 percent of the industries in Jammu have been closed. The tourism industry and the handicrafts industry have been completely ruined there. Unemployment has also increased in Jammu and Kashmir. So, I would like to request that its Statehood be restored. In addition, the administrative cadre of Jammu and Kashmir is being merged into the AGMUT cadre. So, I would like to request the Government to withdraw this Amendment Bill. SHRI : I am grateful to the hon. Prime Minister and Home Minister for taking steps one after and another for the betterment and development of Jammu and Kashmir. This Bill is for the betterment of Jammu and Kashmir and it will pave the way for speedy development of J & K. There are several projects and centrally sponsored schemes that are operational in J & K. All the projects have to be completed on time and through this Bill this is going to happen. The DDC elections that were held there have revealed that people are in favour of restoring democracy in J & K. This also shows that the steps which Central Government is taking in J & K are for speedy development of J & K. If tourism is promoted in the State, it will create avenues of employment there. Now, there will be no shortage of IAS officers in J & K. I, therefore, support this Bill. SHRI ASADUDDIN OWAISI: I rise to oppose this Bill. When the Government scrapped Article 370 unconstitutionally by dint of its majority, at that time I had said that it was a constitutional breach. The Home Minister had said that it would restore statehood in J & K as soon as possible. Now, they are going back on their promise. Today, you have merged J & K cadre into AMGUT cadre. This clearly shows their intention. There are 24 posts of secretary and only 5 Kashmiri Muslims are serving as Secretary. Similarly, there are 58 posts of IAS officers and only 12 Muslims are out of them. It is mentioned here that Kashmir is a backward area but I would like to say that Kashmir is not a backward area. I would like to know from the Government as to whether they will restore statehood in J & K. They are right that the outsiders should not intervene in our internal matters. They should take along an all party delegation to the State but they are taking an European Delegation to the State. I would like to know from the hon. Minister as to how many children of Kashmir are put in the jails of Agra, Bareilly and Ambedkar Nagar and how many children are in jails under the PSA and when the Government is going to release them from jails. SHRI JASBIR SINGH GILL: The Union Government has planned the merger of J & K cadre of IAS, IPS and Indian Forest Service officers in the UT cadre. According to the J & K Reorganisation Act, which came into force in October, 2019, the cadre was merged into the AGMUT cadre. The law, however, stated that the officers already serving in the J &K cadre would continue in the existing cadre. Our hon. Prime Minister and our hon. Home Minister have said on record in this House that the UT status of J & K is a temporary provision till the law and order situation improves in J & K. Then, what sense does it make to permanently merge the J & K cadre with the UT cadre? There is also a need to formulate a transfer policy for the officers to be transferred to Ladakh. It should be with the consent of the officers and it is not make J & K and Ladakh another place of punishment posting for the officers who do not toe the Government line.

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UTPAL KUMAR SINGH Secretary General

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