1 Uncorrected/ Not for Publication अ ण ज टल ( म गत): म न प ट कह म आपक इस ब त क आ व सन द रह ह क हम र क ई इर द नह ह क उस बल क आपस बन चच कए

Size: px

Start display at page:

Download "1 Uncorrected/ Not for Publication अ ण ज टल ( म गत): म न प ट कह म आपक इस ब त क आ व सन द रह ह क हम र क ई इर द नह ह क उस बल क आपस बन चच कए"

William Martin
5 years ago
Views:

1 1 -SSS/NBR-PSV/5O/9.00. अ ण ज टल ( म गत): म न प ट कह म आपक इस ब त क आ व सन द रह ह क हम र क ई इर द नह ह क उस बल क आपस बन चच कए ह ए हम इस क र स प रत कर हम च ह ग क एक ब र...( यवध न)... एक ब र बल क ट बनन द जए और इस लए ट बनन क ब द हम आपस चच कर ग आप ह क 8 म ह ग...( यवध न)... (सम त) SHRIMATI RENUKA CHOWDHURY: What is your compulsion?...(interruptions)... SHRI ARUN JAITLEY: Eight of your Ministers are going to draft it....(interruptions)... And, this House will always have an opportunity to discuss whatever legislation that comes before the House....(Interruptions)... न त वर ध दल ( ग ल म नब आज़ द): यह मस रह क अगल ज फ सल ह ग, मलकर और ब तच त करक ह ग...( यवध न)... ہوگا فیصلہ جو اگلا کہ رہا پرا مس یہ ا زاد): ن یب غلام (جناب اختلاف حزب قاي د کرکے چیت بات اور ملکر ہوگا (مداخلت) MR. DEPUTY CHAIRMAN: That is okay...(interruptions)...that is what he said...(interruptions)...i only wish to inform you that under Article

2 2 368 of the Constitution, the Motion will have to be adopted by a majority of the total Membership of the House and by a majority of not less than two-thirds of the Members of the House So, division; first, let the lobbies be cleared. SHRI M. VENKAIAH NAIDU: Sir, there is no division...(interruptions)...i am only just making this point...(interruptions)... (FOLLOWED BY USY 5P ) USY/5P/9.05 MR. DEPUTY CHAIRMAN: The question is: That the Bill further to amend the Constitution of India, as passed by Lok Sabha and as reported by the Select Committee of Rajya Sabha, be taken into consideration. The House divided. MR. DEPUTY CHAIRMAN: Subject to correction. Ayes: 197 Noes: Nil

3 3 (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the MR. DEPUTY CHAIRMAN: Now, we shall take up clause-by-clause consideration of the Bill. First, we shall take up Clause 2 of the Bill. There is one Amendment (No.10) by Dr. T. Subbarami Reddy. Are you moving? CLAUSE 2 INSERTION OF NEW ARTICLE 246A SPECIAL PROVISION WITH RESPECT TO GOODS AND SERVICE TAX DR. T. SUBBARAMI REDDY (ANDHRA PRADESH): Sir, I move: (10) That at page 2, for lines 6 to 8, the following be substituted, namely: 'power to make laws to impose an ad valorem or specific cess to be called Green Cess on the goods and services tax, which shall be utilized for prevention of environmental degradation'. The question was put and the motion was negatived. (Followed by 5q PK)

4 4 PK-MCM/9.10/5Q MR. DEPUTY CHAIRMAN: I shall now put Clause 2 to vote. The question is:- That Clause 2 stand part of the Bill. The House divided Ayes: 187 Noes: 09 ( Here enter the Division Lists for Ayes and Noes arranged in alphabetical order ) The motion was carried by a majority of the total membership of the Clause 2 was added to the Bill. MR. DEPUTY CHAIRMAN: We shall now take up Clauses 3 to 8 of the Bill. The question is: That Clauses 3 to 8 stand part of the Bill. The House divided

5 5 Ayes: 197 Noes: Nil. ( Here enter the Division Lists for Ayes and Noes arranged in alphabetical order ) The motion was carried by a majority of the total membership of the Clauses 3 to 8 were added to the Bill. MR. DEPUTY CHAIRMAN: We shall now take up Clause 9 of the Bill. There are three Amendments. Amendment (No.11) by Dr. T. Subbarami Reddy. Are you moving? DR. T. SUBBARAMI REDDY: Sir, let me tell you. My Amendment (No. 11) to Clause 9, is to help the States. The net proceeds to be distributed to States shall not form part of the Consolidated Fund. MR. DEPUTY CHAIRMAN: Are you moving? DR. T. SUBBARAMI REDDY: Since the Minister has already brought the official amendment, I am not moving.

6 6 MR. DEPUTY CHAIRMAN: Okay. He is not moving. Now, there is one Amendment (No.23) by Shri A. Navaneethakrishnan. He is absent. There is one Amendment (No.3) by Shri Arun Jaitley. CLAUSE 9 - INSERTION OF NEW ARTICLE 269A LEVY AND COLLECTION OF GOODS AND SERVICES TAX IN COURSE OF INTER-STATE TRADE OR COMMERCE SHRI ARUN JAITLEY: Sir, I beg to move: (3) That at page 3, after line 23, the following be inserted, namely:- "(1A) The amount apportioned to a State under clause (1) shall not form part of the Consolidated Fund of India. (1B) Where an amount collected as tax levied under clause (1) has been used for payment of the tax levied by a State under article 246A, such amount shall not form part of the Consolidated Fund of India. (1 C) Where an amount collected as tax levied by a State under article 246A has been used for payment of the tax levied under clause (1), such amount shall not form part of the Consolidated Fund of the State.

7 7 The question was put and the motion was adopted. (Contd. by SKC/5R) SKC/5R/9.15 MR. DEPUTY CHAIRMAN: I shall now put Clause 9, as amended to vote....(interruptions)... Please sit down. Don t interrupt now. The question is: That Clause 9, as amended, stand part of the Bill. The House divided. Ayes : 200 Noes : Nil (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the Clause 9, as amended, was added to the Bill.

8 8 MR. DEPUTY CHAIRMAN: Now, in Clause 10, there is one Amendment (No. 4) by Shri Arun Jaitley. CLAUSE 10 AMENDMENT OF ARTICLE 270 SHRI ARUN JAITLEY: Sir, I move: (4) That at page 4, for lines 1 to 8, the following be substituted, namely:- (ii) after clause (1), the following clauses shall be substituted, namely:- (1A) The tax collected by the Union under clause (1) of article 246A shall also be distributed between the Union and the States in the manner provided in clause (2). (1B) The tax levied and collected by the Union under clause (2) of article 246A and article 269A, which has been used for payment of the tax levied by the Union under clause (1) of article 246A and the amount apportioned to the Union under clause (1) of article 269A, shall also be distributed between the Union and the States in the manner provided in clause (2). The question was proposed. SHRI SITARAM YECHURY: Sir, just a minute. The hon. Finance Minister just assured in his reply that this is an issue which he would discuss with the Chairman of the Empowered Committee of the Finance Ministers and take them on board. In that case, why are you moving

9 9 this Amendment? Once you put it in the Constitution, how would you take them on board? Why this complication? Again, you will have to come back for some revision. Please understand it, Sir. That is what he said. SHRI TAPAN KUMAR SEN: The Empowered Committee was not in consensus at that time. There are written objections to these. SHRI SITARAM YECHURY: Mr. Minister, you have yourself said that......(interruptions)... SHRI ARUN JAITLEY: At the official level, we have discussed them. I will be discussing it with them. There is no confusion. This is just to obviate any error. So, we won t meet again for the Constitutional amendment. SHRI SITARAM YECHURY: You don t have to come back here now. If you talk to them and something else comes up, you cannot again have an amendment to the Constitution....(Interruptions)... SHRI ARUN JAITLEY: I would assure you that it is......(interruptions)... sorted out there....(interruptions)... We would sort it out....(interruptions)...

10 10 MR. DEPUTY CHAIRMAN: He said, he would sort it out....(interruptions)... You may discuss it with him and sort it out. SHRI SITARAM YECHURY: Sir, do you give that assurance? MR. DEPUTY CHAIRMAN: Yes, yes. He said it. SHRI SITARAM YECHURY: Sir, otherwise, we would have to vote against the Amendment....(Interruptions)... MR. DEPUTY CHAIRMAN: He said it. Now, I put the Amendment (No. 4) moved by Shri Arun Jaitley to vote. The motion was adopted. MR. DEPUTY CHAIRMAN: I shall now put Clause 10, as amended, to vote. The question is: That Clause 10, as amended, stand part of the Bill. The House divided. Ayes : 200 Noes : Nil (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order)

11 11 The motion was carried by a majority of the total membership of the Clause 10, as amended, was added to the Bill. MR. DEPUTY CHAIRMAN: Now, I shall take up Clause 11. The question is: That Clause 11 stand part of the Bill. The House divided. Ayes : 201 Noes : Nil (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the -SKC/HK/5S/9.20 Clause 11 was added to the Bill. (FOLLOWED BY HK/5S)

12 12 MR. DEPUTY CHAIRMAN: In Clause 12, there are 10 Amendments; Amendment (Nos. 12 to 17) by Dr. T. Subbarami Reddy; Amendment (No.24) by Shri A. Navaneethakrishnan and Amendment (Nos.5 to 7) by Shri Arun Jaitley. Dr. Reddy, are you moving your Amendments? Clause 12 INSERTION OF NEW ARTICLE 279A. GOODS AND SERVICES TAX COUNCIL. DR. T. SUBBARAMI REDDY (ANDHRA PRADESH): Sir, I move: (12) That at page 4, lines 15 and 16, for the words 'sixty days', the words 'thirty days' be substituted. The question was put and the motion was negatived. MR. DEPUTY CHAIRMAN: Amendment (No.24) is by Shri A. Navaneethakrishnan; he is absent. Yes, Mr. Minister. SHRI ARUN JAITLEY: Sir, I move: (5) That at page 4, lines 17 and 18, for the words, bracket and figure "the Constitution (One Hundred --- Amendment) Act, 2015", the words, bracket and figure "the Constitution (One Hundred and First Amendment) Act, 2016" be substituted.

13 13 (6) That at page 5, line 16, for the words "Integrated Goods and Services Tax", the words, figure and alphabet "Goods and Services Tax levied on supplies in the course of inter-state trade or commerce under article 269A" be substituted. (7) That at page 7, for lines 10 to 12, the following be substituted, namely:- "(11) The Goods and Services Tax Council shall establish a mechanism to adjudicate any dispute (a) between the Government of India and one or more States; or (b) between the Government of India and any State or States on one side and one or more other States on the other side; or (c) between two or more States, arising out of the recommendations of the Council or implementation thereof." The question was put and the motion was adopted. MR. DEPUTY CHAIRMAN: I shall now put Clause 12, as amended to vote. The question is: That Clause 12, as amended, stand part of the Bill.

14 14 The House divided Ayes: 203 Noes: Nil (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the Clause 12, as amended, was added to the Bill. MR. DEPUTY CHAIRMAN: We shall now take up Clause 13. The question is: That Clause 13 stand part of the Bill. The House divided Ayes: 202 Noes: Nil

15 15 (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the hk/sc -- KSK/GS/9.25/5T Clause 13 was added to the Bill. (Followed by KSK/5T) MR. DEPUTY CHAIRMAN: Now, in Clause 14, there are two Amendments; Amendment (No.18) by Dr. T. Subbarami Reddy, and Amendment (No.25) by Shri A. Navaneethakrishnan. DR. T. SUBBARAMI REDDY: Sir, I am not moving the Amendment. MR. DEPUTY CHAIRMAN: So, Dr. Subbarami Reddy has not moved the Amendment, and Shri A. Navaneethakrishnan is absent. Therefore, both the Amendments are not moved. So, we shall take up Clause 14. The question is: That Clause 14 stand part of the Bill. The House divided. MR. DEPUTY CHAIRMAN: Subject to correction:

16 16 Ayes: 200 Noes: NIL (Here enter the Division Lists for Ayes and Notes arranged in alphabetical order) The motion was adopted by a majority of the total membership of the Clause 14 was added to the Bill. MR. DEPUTY CHAIRMAN: Now, we shall take up Clauses 15 and 16. The question is: That Clauses 15 and 16 stand part of the Bill. The House divided. MR. DEPUTY CHAIRMAN: Subject to correction: Ayes: 205 Noes: NIL (Here enter the Division Lists for Ayes and Notes arranged in alphabetical order) The motion was adopted by a majority of the total membership of the Clauses 15 and 16 were added to the Bill.

17 17 MR. DEPUTY CHAIRMAN: Now, in Clause 17, there are three Amendments; Amendment (Nos.19 and 20) by Dr. T. Subbarami Reddy and Amendment (No.26) by Shri A. Navaneethakrishnan. Shri A. Navaneethakrishnan is absent. CLAUSE 17 - AMENDMENT OF SEVENTH SCHEDULE DR. T. SUBBARAMI REDDY (ANDHRA PRADESH): Yes, Sir, I move: (19) That at page 9, line 20, after the words "sale of", the words "tobacco and tobacco products" be inserted. (20) That at page 9, after line 27, the following be inserted, namely:- "54A. Cess or tax on polluting gods and services to be notified by the Goods and Services Tax Council." The questions were put and the motions were negatived. MR. DEPUTY CHAIRMAN: Now, The question is: That Clause 17 stand part of the Bill. The House divided. MR. DEPUTY CHAIRMAN: Subject to correction:

18 18 Ayes: 202 Noes: NIL (Here enter the Division Lists for Ayes and Notes arranged in alphabetical order) The motion was adopted by a majority of the total membership of the Clause 17 was added to the Bill. (Followed by 5U - GSP) GSP/9.30/5U CLAUSE 18 - ARRANGEMENT FOR ASSIGNMENT OF ADDITIONAL TAX ON SUPPLY OF GOODS TO STATES FOR TWO YEARS OR SUCH OTHER PERIOD RECOMMENDED BY THE COUNCIL MR. DEPUTY CHAIRMAN: In Clause 18, there are two Amendments; Amendment (No. 8) by Shri Arun Jaitley and Amendment (No. 27) by Shri A. Navaneethakrishnan. Mr. Navaneethakrishnan is absent. So,

19 19 Amendment (No.27) not moved. Shri Arun Jaitley to move the amendment (No.8). SHRI ARUN JAITLEY: Sir, I move: (8) That at page 19, lines 7 to 31, be deleted. The question was put and the motion was adopted. MR. DEPUTY CHAIRMAN: I shall now put Clause 18, as amended, to vote. The question is: That clause 18, as amended, stands part of the Bill. The House divided. Ayes: 203 Noes: NIL (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the House and by a majority of not less than two-thirds of the Members Clause 18, as amended, was added to the Bill. MR. DEPUTY CHAIRMAN: Consequently, Clause 18 is deleted.

20 20 CLAUSE 19 - COMPENSATION TO STATES FOR LOSS OF REVENUE ON ACCOUNT OF INTRODUCTION OF GOODS AND SERVICES TAX MR. DEPUTY CHAIRMAN: In Clause 19, there are four Amendments - Amendment (No. 21) by Shri T. Subbarami Reddy, Amendment (Nos. 28 and 29) by Shri A. Navaneethakrishnan, and, Amendment (No. 9) by Shri Arun Jaitley. Mr. Subbarami Reddy, are you moving your Amendment? SHRI T. SUBBARAMI REDDY: No, Sir, I am not moving the Amendment. MR. DEPUTY CHAIRMAN: Okay. Mr. Subbarami Reddy is not moving the Amendment. As Mr. Navaneethakrishnan is absent, Amendment (Nos. 28 and 29) are not moved. Now, Shri Arun Jaitley to move the Amendment (No.9). SHRI ARUN JAITLEY: Sir, I move: (9) "That at page 10, for line 32, the following be substituted, namely:- "19 Parliament shall, by law, on the". The question was put and the motion was adopted.

21 21 MR. DEPUTY CHAIRMAN: I shall now put clause 19, as amended, to vote. The question is: That clause 19, as amended, stand part of the Bill. The House Divided. Ayes: 198 Noes: NIL (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the House and by a majority of not less than two-thirds of the Members Clause 19, as amended, was added to the Bill. MR. DEPUTY CHAIRMAN: I shall now take up Clause 20 of the Bill. The question is: "That clause 20 stands part of the Bill." The House Divided.

22 22 Ayes: 200 Noes: NIL (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the House and by a majority of not less than two-thirds of the Members Clause 20 was added to the Bill. (Followed by NBR-5W) -SSS/NBR-AKG/5W/9.35. MR. DEPUTY CHAIRMAN: We shall, now, take up Clause 21 of the Bill. There is one Amendment (No. 22) by Dr. T. Subbarami Reddy. CLAUSE 21 POWER OF PRESIDENT TO REMOVE DIFFICULTIES

23 23 DR. T. SUBBARAMI REDDY (ANDHRA PRADESH): Sir, let me clarify a point. I am moving some amendments whether I get support or not. MR. DEPUTY CHAIRMAN: Are you moving? DR. T. SUBBARAMI REDDY: I am proposing this Amendment because the Central Government may lay a Report of difficulties being faced in implementation of the Act and proposed for removing such difficulties before Parliament within one year from the date of implementation. So, I am moving the Amendment on principle, not that I get support. I know that we are all one. I am also opposing my own Amendment; I am with you. But, as a principle, I am moving the Amendment. So, Sir, I move: (22) That at page 11, for lines 19 to 30, the following be substituted, namely:- Constitution as amended by this Act, the Government may lay a report of such difficulties along with a proposal for removing such difficulties before each House of Parliament within one year from the date of assent of the President of India to this Act. The question was put and the motion was negatived MR. DEPUTY CHAIRMAN: I shall, now, put Clause 21 to vote. The question is:

24 24 That Clause 21 stand part of the Bill. The House divided Ayes : 203 Noes : Nil (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the Clause 21 was added to the Bill. MR. DEPUTY CHAIRMAN: We shall, now, take up Clause 1 of the Bill. There is one Amendment (No. 2) by the Minister. CLAUSE 1 SHORT TITLE AND COMMENCEMENT SHRI ARUN JAITLEY: Sir, I move: (2) That at page 1, lines 3 and 4, for the words, bracket and figure the Constitution (One Hundred Amendment) Act, 2015, the words, bracket and figure the Constitution (One Hundred and First Amendment) Act, 2016 be substituted.

25 25 The question was put and the motion was adopted MR. DEPUTY CHAIRMAN: I shall, now, put Clause 1, as amended, to vote. The question is: That Clause 1, as amended, stand part of the Bill. The House divided Ayes : 198 Noes : 00 (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the Clause 1, as amended, was added to the Bill. MR. DEPUTY CHAIRMAN: We shall, now, take up the Enacting Formula. There is one Amendment (No. 1) by the Minister. ENACTING FORMULA

26 26 SHRI ARUN JAITLEY: Sir, I move: (1) That at page 1, line 1, for the word Sixty-sixth, the word Sixty-seventh be substituted. The question was put and the motion was adopted MR. DEPUTY CHAIRMAN: I shall, now, put the Enacting Formula, as amended, to vote. The question is: That the Enacting Formula, as amended, stand part of the Bill. The House divided Ayes : 203 Noes : 00 (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the The Enacting Formula, as amended, was added to the Bill (FOLLOWED BY USY 5X ) USY/5X/9.40

27 27 MR. DEPUTY CHAIRMAN: Now, I shall take up the Title of the Bill. The question is: That the Title stand part of the Bill. The House divided. Ayes: 200 Noes: Nil (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the The Title was added to the Bill. SHRI ARUN JAITLEY: Sir, I move: That the Bill, as amended, be passed. The House divided.

28 28 Ayes: 203 Noes: NIL (Here enter the Division Lists for Ayes and Noes arranged in alphabetical order) The motion was carried by a majority of the total membership of the (Ends) MR. DEPUTY CHAIRMAN: Hon. Members, the dinner was available from 8.00 p.m. onwards. It is still available. For Members and media personnel, the dinner arrangement is in Room No.70, first floor, Parliament House. For officers and staff, the arrangement is in Room Nos. 73 and 74. The packaged dinner is available at the Snack Bar, near Central Hall. All are requested to avail the facility of dinner. Now, the House stands adjourned till a.m. on Thursday, the 4 th August, The House then adjourned at forty-three minutes past nine of the clock till eleven of the clock on Thursday, the 4 th August, 2016

Bill No. 24 of 2015 THE PRISONS (RAJASTHAN AMENDMENT) BILL, 2015 (To be Introduced in the Rajasthan Legislative Assembly)

Bill No. 24 of 2015 THE PRISONS (RAJASTHAN AMENDMENT) BILL, 2015 (To be Introduced in the Rajasthan Legislative Assembly) A Bill to amend the Prisons Act, 1894 in its application to the State of Rajasthan.