Six Bills Passed on the Fourth Day of the Winter Session of the Haryana Assembly
5 Dariya News
Chandigarh 19-Nov-2024
Six Bills were passed following discussions on the fourth day of the winter session of the Haryana Legislative Assembly here today. These include the Haryana Appropriation (No. 3) Bill, 2024; the Bharatiya Nagarik Suraksha Sanhita (Haryana Amendment) Bill, 2024; the Haryana Goods and Services Tax (Amendment) Bill, 2024; the Haryana Lease of Agricultural Land Bill, 2024; the Haryana Extension Lecturers and Guest Lecturers (Security of Service) Bill, 2024; and the Haryana Technical Education Guest Faculty (Security of Service) Bill, 2024.
The Haryana Appropriation (No. 3) Bill, 2024
To authorize payment and appropriation of certain further sums from and out of the Consolidated Fund of the State of Haryana for the services during the financial year ending on the thirty-first day of March, 2025.
This Bill has been passed to provide for the payment and appropriation of the requisite sum of Rs. 85,91,38,87,000 out of the Consolidated Fund of the State of Haryana to meet the supplementary grants made by the Legislative Assembly for the expenditure of the financial year 2024-25 in pursuance of articles 204 (1) and 205 of the Constitution of India.
Bharatiya Nagarik Suraksha Sanhita (Haryana Amendment) Bill, 2024
The Bharatiya Nagarik Suraksha Sanhita (Haryana Amendment) Bill, 2024 was passed to amend the Bharatiya Nagarik Suraksha Sanhita, 2023, specifically for the state of Haryana.
The Central Government has enacted the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023), which has come into force from 1st day of July, 2024. Under section 23 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
Further, under section 23 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one years, or of fine not exceeding ten thousand rupees, or of both, or of community service.
It has been observed that under certain Acts like the Negotiable Instruments Act, 1881, the objective of imposition of fine instead of sentence cannot be achieved due to maximum limit of fine prescribed under sections 23(2) and 23(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the amount involved in cheque bounce cases may be much higher than the fine, which can be imposed under the above sections.
Further, for the violations of traffic rules, fines have been increased under the Motor Vehicles Act. The maximum limits of fines under the aforesaid provisions is also not in commensurate with the sentence, which can be imposed under the above said provisions. Therefore, it has become necessary to increase the limit of fine prescribed under sections 23(2) and 23(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
A legislation namely, the Bharatiya Nagarik Suraksha Sanhita (Haryana Amendment) Bill, 2024 to increase the limit of the fine, which can be imposed by the Magistrates of First Class and Second Class under sections 23(2) and 23(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 respectively and for matters connected therewith or incidental thereto
Haryana Goods and Services Tax (Amendment) Bill, 2024
Haryana Goods and Services Tax (Amendment) Bill, 2024 was passed to amend the Haryana Goods and Services Tax Act, 2017. The Haryana Goods and Services Tax Act, 2017 (the Act) was enacted with a view to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the State Government.
It is proposed to amend the Haryana Goods and Services Tax Act, 2017on the basis and to the extent of the recommendations made by the GST Council and on the lines of amendments carried out in the Central Goods and Services Tax Act, 2017 by Finance Act, 2024 (Central Act 8 of 2024) and Finance Act (No. 2), 202 (Central Act 15 of 2024). The proposed Haryana Goods and Services Tax (Amendment) Bill, 2024, inter alia, provides for the following.
To amend sub-section (1) of section 9 of the Act so as to not levy state tax on un- denatured extra neutral alcohol or rectified spirit used for manufacture of alcoholic liquor for human consumption.
To insert a new section 11A in the Act so as to empower the Government to regularise non-levy or short levy of state tax where it is satisfied that such non-levy or short levy was a result of general practice.
To amend sub-section (3) of section 13 of the Act so as to specify the time of supply of services in cases where the invoice is required to be issued by the recipient of services in reverse charge supplies. To insert a new sub-section (5) in section 16 of the Act so as to carve out an exception to the existing sub-section (4) and to provide that in respect of an invoice or debit note for the Financial Years 2017-18, 2018-19, 2019-20 and 2020-21, the registered person shall be entitled to take input tax credit in any return under section 39 which is filed upto the thirtieth day of November, 2021.
To substitute section 20 of the Act so as to provide for Manner of distribution of credit by Input Service Distributor. To substitute sub-section (3) of section 39 of the Act so as to mandate the electronic furnishing of return for each month by the registered person required to deduct tax at source, irrespective of whether any deduction has been made in the said month or not.
To insert a new sub-section (12) in section 73 of the Act so as to restrict the applicability of the said section for determination of tax pertaining to the period up to Financial Year 2023-24 and to amend the marginal heading of the said section accordingly.
To insert a new sub-section (12) in section 74 of the Act so as to restrict the applicability of the said section for determination of tax pertaining to the period upto Financial Year 2023-24 and to amend the marginal heading of the said section accordingly.
To insert a new section 74A in the Act so as to provide for determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to the Financial Year 2024-25 onwards.
To amend sub-section (6) of section 107 of the Act so as to reduce the maximum amount of pre-deposit for filing appeal before the Appellate Authority from rupees twenty-five crores to rupees twenty crores in state tax.
To amend sub-sections (1) and (3) of section 112 of the Act so as to empower the Government to notify the date for filing appeal before the Appellate Tribunal and provide a revised time limit for filing appeals or application before the Appellate Tribunal. To insert a new section 122A in the Act so as to provide for penalty for failure to register certain machines used in manufacture of Goods as per special procedure.
To insert a new section 128A in the Act so as to provide for conditional waiver of interest and penalty in respect of demand notices issued under section 73 of the said Act for the Financial Years 2017-18, 2018-19 and 2019-20, except the demand notices in respect of erroneous refund.
To amend sub-section (2) of section 171 of the Act so as to empower the Government to notify the date from which the Authority under the said section shall not accept any application for anti-profiteering cases. To amend relevant sections of the Act so as to incorporate a reference to the newly inserted section 74A.
The Haryana Lease Of Agricultural Land Bill, 2024
The Haryana Lease Of Agricultural Land Bill, 2024 was passed to provide a mechanism for recognition of leasing of agricultural land and to permit and facilitate lease of agricultural land, protecting the ownership rights of land-owners and for matters connected therewith and incidental thereto.
A Bill to provide a mechanism and formal recognition to the leasing of agricultural land, to permit and facilitate leasing of agricultural land, to ensure equity and thereby improve agricultural efficiency- to provide recognition to farmers cultivating agricultural land on lease, which would enable them to access loans through credit institutions, insurance, disaster relief and myriad support services provided by the Government, while protecting the ownership rights of landowners- and for matters connected therewith and incidental thereto.
It is a established practice that agricultural land is leased out by the landowner. Due to the apprehension that the Lessee may demand occupancy rights, the Lessor often replaces the Lessee every year or keep the land barren, which damages agricultural production. to give his/her land
Due to the above mentioned fact, the Lessor hesitates on lease in writing and prefers to enter into non-written agreement with the Lessee. As a result of this, the Lessee is deprived of receiving any relief from the Central/ State Government during natural calamities and is unable to raise a crop loan. For making optimum use of land resources and to protect the interest of both the Lessor and Lessee, a legal arrangement of giving land on lease money is felt necessary.
The Haryana Extension Lecturers and Guest Lecturers (Security of Service) Bill, 2024
The Haryana Extension Lecturers and Guest Lecturers (Security of Service) Bill, 2024 was passed to provide security of service to extension lecturers and guest lecturers and for matter connected therewith or incidental thereto.
Presently, there are 184 Government Colleges where around 2.0 lac students are pursuing higher education at under graduate and post graduate level. There are 8137 sanctioned teaching posts of Assistant Professors in various subjects in these colleges against which 3348 Regular Assistant/Associate Professors are working.
The State has a progressive policy of filling up the vacancies of teachers in Schools, Colleges and Universities, which is evident from the fact that an indent to fill up 2424 teaching posts of regular Assistant Professors (College Cadre), HES-II Group-B, has already been sent to Haryana Public Service Commission by the Department of Higher Education, Haryana. Nevertheless, it is also a fact that there is an unmet workload of teachers in Government Colleges. Presently, there are around 2016 Extension Lecturers and 46 Guest Lecturers working in various Government Colleges.
Engagement of Extension Lecturers was started in the year 2010 when they were paid Rs. 200/ per period basis and engagement of present Guest Lecturers are working before 2014 they were not regularized under the Regularization Policy dated 16.06.2014. Over the years, significant changes were made in their remuneration and other engagement conditions.
Eligible Extension Lecturers and Guest Lecturers are being paid remuneration of Rs. 57,700/- per month on the basis of Equal Pay for Equal Work. They have been making fervent appeals that they may be granted some assurance on the security of their services keeping in view their long years of service in the Government Colleges of the State.
The teaching workload in Government Colleges has shown a constant increase on year to year basis and this trend will continue in view of the implementation of National Education Policy, 2020 (ΝΕΡ, 2020). There is workload for Assistant Professors which is way higher than the regular incumbents.
Hence, it is proposed that these Extension Lecturers and Guest Lecturers may be provided security of service till the age of 58 years along with assured financial incentives as some Extension and Guest Lecturers have crossed the minimum age limit for applying for the regular recruitment and in the interest of students.
Haryana Technical Education Guest Faculty (Security of Service), Bill, 2024
The Haryana Technical Education Guest Faculty (Security of Service), Bill, 2024 was passed to provide security of service to guest faculty/instructors and for the matters connected therewith or incidental thereto.
The Haryana Government is of opinion to formulate a policy for the Guest Lecturers/ Guest Instructors/ Assistant Professors who are working in various Government polytechnics/ Government Society Polytechnics/ State Institute of Engineering & Technology (SIETs) a in the State for a long time. Such faculties/ Instructors/Assistant Professors have given prime years of their life to service of the State and there is a lot of uncertainty in their minds regarding their future as most of them have become overage for employment. It is also against the principle of natural justice to relieve such faculties or replace them with another set of persons.
Therefore, taking cognizance of various representations from various faculties there is need to provide a sense of security of tenure to such faculties who have rendered long service in the department in order to avoid uncertainty and mental restlessness.