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13 Standing Committee on Finance STANDING COMMITTEE ON FINANCE 13 (1998-99) TWELFTH LOK SABHA MINISTRY OF FINANCE (DEPARTMENT OF ECONOMIC AFFAIRS) THE CONSTITUTION (EIGHTY-FIFTH AMENDMENT) BILL, 1998 THIRTEENTH REPORT .1') I,~·· ~-i P LOK SABHA SECRETARIAT , ,~) (,) I "\ NEW DELHI 1,(', J (-~ • "i Id)rl/llri/,/999/I'/1IIIXIIII1l , 192(1 (Silkil) THIRTEENTH REPORT STANDING COMMITTEE ON FINANCE (1998-99) (TWELFTH LOK SABHA) MINISTRY OF FINANCE (DEPARTMENT OF ECONOMIC AFFAIRS) THE CONSTITUTION (EIGHTY-FIFTH AMENDMENT) BILL, 1998 Presen ted to Lok Sabha on 24 February, 1999 Laid il1 Rajya Sablm em 24 February, 1999 LOK SABHA SECRETARIAT NEW DELHI February, 1999/Phalguna, 1920 (Saka) CO.E. No. 13 Price: Rs. 12.00 © 1999 By LoK SABHA SECRIITARIAT Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Ninth Edition) and Printed by Jainco Art India, Delhi. CONTENTS PAGE C( lMPOSITION OF THE COMMITTEE .............................................................. (iii) INTRODUCTION .............................................................................................. (V) REPORT ......................................................................................................... 1 ApPENDICES I. Minutes of the sitting of the Committee held on lR January, 1999 ................................................................. 7 II. Minutes of the sitting of Committee held on 17 February, 1999................................................. .............. 10 III. The Constitution (Eighty-Fifth Amendment) Bill, 1998 ..................................................................................... 12 COMPOSITION OF THE STANDING COMMITTEE ON FINANCE (1998-99) Shri Murli Deora - Chairman MEMBERS Lok Sabha 2. Shri Dhirendra Agarwal 3. Shri Mohanbhai Sanjibhai Delkar 4. Shri Haribhai Parathibhai Chaudhary 5. Shri Uttam Singh Pawar 6. Shri Girdhari Lal Bhargava 7. Shri Chetan Chauhan 8. Shri Bhagwan Shanker Rawat 9. Shri Rayapati Sarnbasiva Rao 10. Shri T. Subbararni Reddy 11. Shri Kavuru Sarnbasiva Rao 12. Shri Sandi pan Bhagwan Thorat 13. Shri Praful Manoharbhai Patel 14. Shri Prithviraj D. Chavan 15. Shri R. L. Jalappa 16. Shri Magunta Sreenivasulu Reddy 17. Shri Rupchand Pal 18. Shri Varkala Radhakrishnan 19. Shri Beni Prasad Verma 20. Shri S. Murugesan 21. Shri M. Sahabuddin 22. Dr. S. Venugopalachary 23. Shri Tathagata Satpathy (iii) (iv) 24. Kum. Kim Gangte 25. Dr. Bikram Sarkar 26. Shri S. Jaipal Reddy 27. Shri Joachim Baxla 28. Shri P. Chidambaram 29. Shri Buta Singh 30. Shri Ch. Vidyasagar Rao Rajya Sabha 31. Dr. Manmohan Singh 32. Shri Krishna Kumar Birla 33. Shri N.K.P. Salve 34. Shri M. Rajsekara Murthy 35. Shri Narendra Mohan 36. Shri O. P. Kohli 37. Shri Raghavji 38. Dr. Biplab Dasgupta 39. Shri C. Ramachandraiah 40. Shri Amar Singh 41. Shri Prem Chand Gupta 42. Shri R. K. Kumar 43. Shri Gurudas Das Gupta 44. Shri Satishchandra Sitaram Pradhan 45. Shri Suresh A. Keswani SECRETARIAT 1. Dr. A. K. Pandey Additional Secretary 2. Dr. (Smt.) P. K. Sandhu Director 3. Shri N.S. Hooda Assistant Director INTRODUCTION I, the Chainnan, Standing Committee on Finance (1998-99) having been authorised by the Committee to submit the Report on their behalf, present this Thirteenth Report on the Constitution (Eighty-Fifth Amendment) Bill, 1998. 2. The Constitution (Eighty-Fifth Amendment) Bill, 1998 was introduced in Lok Sabha on 14 July, 1998. The Bill was later referred to the Committee on 16 July, 1998 for examination and report thereon by the Hon'ble Speaker, Lok Sabha under Rule 331E of the Rules of Procedure and Conduct of Business in Lok Sabha. 3. To have the benefit of better understanding on various aspects of the Bill, the Committee took oral evidence of representatives of Ministries of Finance (Deptt. of Economic Affairs), Law, Justice and Company Affairs and Inter-State Council Secretariat on 18 January, 1999 and sought clarifications on the provisions of the Bill. The Committee considered and adopted the draft Report at their sitting held on 17 February, 1999. 4. The Committee wish to express their thanks to the Officers of the Ministries of Finance (Deptt. of Economic Affairs), Law, Justice and Company Affairs and Inter-State Council Secretariat for placing before the Committee the requisite information in connection with the examination of the Bill. 5. The Committee would like to place on record their appreciation for the valuable assistance rendered to them by the officials of the Lok Sabha Secretariat attached to the Committee. 6. For facility of reference, the observation/recommendation of the Committee has been printed in thick type in the body of the Report. NEW DELHI; MURLI DEORA, 17 February, 1999 Chairman, 28 Maghll, ' 1920 (Salca) Standing Committee on Finance. (v) REPORT The Constitution of India, under Article 280 provides for a machinery for determining statutory flows from the Centre to the States on the recommendations of the Finance Commissions which are to be appointed by the President of India at least once in every five years. So far eleven Finance Commissions have been constituted and the Tenth Finance Commission (TFC) had submitted its report on 26th November, 1994 for the period of five years i.e. from 1995-96 to 1999-2000. The Tenth Finance Commission had, after having taken into account the repeated concerns expressed by successive Finance Commissions in the past on sharing of taxes between the Centre and the States and the recommendations made both by the Sarkaria Commission and Chelliah Committee on Tax Reforms (1991), recommended to the Government of India an alternative scheme (hereinafter referred to as the TFC Scheme) of sharing of taxes between the Union and the States. The Commission also recommended that this scheme of resource sharing be brought into force with effect £rom 1st April, 1996, after necessary amendments to the Constitution. The main feature of the scheme is that a fixed percentage of gross proceeds of Union taxes is to be assigned to the States, in contrast to the.present scheme of sharing of Union Taxes between the Union and the States whereby the proceeds of personal income-tax and Union excise duty is shared between them and the States' share in the net proceeds of personal income tax is 77.5%, 47.5% in Basic/Special excise duties and 97.797"/" in Additional Excise Duties. The alternative scheme envisages that 26% out of the gross proceeds of Union Taxes (excluding stamp duties, excise duties on medicinal and toilet preparations, Central sales tax, taxes on consignment of goods where such consignment takes place in the course of inter-State trade or commerce and surcharge on tax) is to be assigned to the States in lieu of their existing share in income-tax, th~ basic excise duties, special excise duties ,and grants in lieu of tax on railway pas~ger fare. In addition, 3% share out of the gross proceeds of all Union taxes (excluding stamp duties, excise duties on medicinal and toilet preparations, Central sales tax, taxes on consignment of goods where such consignment takes place in the course of inter-State trade or 2 commerce and surcharge on tax) is to be assigned to the States in place of existing share in additional excise duties in lieu of sales tax on tobacco, cotton and sugar. The Commission has proposed that tobacco, cotton and sugar may continue to be exempted from sales tax and the additional excise duties in lieu of sales tax on these items may be merged with the basic excise duties. After the new scheme comes into effect, the devolution of Central taxes will be as follows : (i) States' share will be 29% of the gross proceeds ofaH Central taxes except the following : Union surcharge on certain taxes [art 271 of the constitution]- entirely for the Union. Stamp Duty [art 268 of the constitution]~ntirely for the States. Excise Duty on medicinal/toilet items [art 268 of the constitution]-entirely for the States. Central Sales tax [art 269 of the constitution]-entirely for the States. Consignment tax [art 269 of the constitution]-entirely for the States. (ii) States' share in Central Taxes under the new scheme will not be treated as part of the Consolidated Fund of India. The Tenth Finance Commission listed the following benefits resulting from the new arrangement of sharing of Union taxes between the Union and the States : (i) With a given share being allotted to the States in the aggregate revenues from Central taxes, States will be able to share the aggregate buoyancy of Central taxes. (ii) The Central Government can pursue tax reforms without considering whether a tax is shareable with the States or not. 3 (iii) The impact of fluctuations in Central tax revenues would be felt alike by the Central and State Governments. (iv) Should the taxes mentioned in articles 268 and/or 269 form part of this arrangement, there will be a greater likelihood of their being tapped. (v) nle progress of tax reforms will be greatly facilitated if the ambit of tax sharing arrangement is enlarged so as to give greater certainty of resource flows to the States and if flexibility in tax reform is increased. The Indian tax system, heavily dependent on indirect taxes, with Union Excise Duties and Sales Tax comprising the core of the domestic trade taxes, suffers from deficiencies like high and multiple tax rates, taxation of inputs and cascading exclusion of services from the tax base, multiplicity of exemptions and concessions and lack of harmony in the tax system of the States. The country needs a climate in which there is a greater harmonisation of State taxes in terms of their rates, structure and procedures as also greater Centre-State harmonisation in domestic trade taxes. (vi) The divisible pool proposed under TFC scheme does not include surcharges for the purpose of the Union. Therefore, the TFC scheme leaves some flexibility with the Union. With a view to generate an informed debate, a discussion paper bringing out various aspects of the TPC scheme was laid on the Table of both Houses of Parliament by the Ministry of Finance (Department of Economic Affairs) on 20th December, 1996.
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