Government should exercise restrain using extra legislative measures : Suresh Bhardwaj


The government should exercise restrain in using extra legislative measures alleging that state executive was unnecessary using the means of ordinance to amend the laws without any urgency to promulgated ordinance or defying its purpose.

This was pointed out by Chief whip of BJP Suresh Bhardwaj who was speaking against the HP Home Guard Force (Amendment) Bill 2013 alleging that there was no need to bring this legislation by means of ordinance when this winter session was due to be held here at Dharamshala. He also said that act enacted in 1968 is of no need to be amended and termed its provisions wrong.

When Chief Minister asked the member to quote any other example for such accusation Mr. Bhardwaj maintained that how could additional chief secretary issue letter to cabinet members to not bring mobile phones in the cabinet meeting as chief minister had already issued similar direction to cabinet members

He said that similarly this legislation was being brought without urgent need and it should be withdrawn by the chief minister.

Opposing the provisions of bill leader of opposition Prem Kumar Dhumal stated that it is illegal, unwarranted and unnecessary as government has already enough control over the state home guards.

Former Chief Minister said that it could be challenged in the court as it would regulate the recruitment of home guards putting additional burden on the state as anyone could move against state as it would be the liability of state government to retain the services at par with the government employee, however, home guard personals were employed on volunteer basis.

Chief Minister Virbhadra Singh, also hold charge of home, presented the HP Home Guard Force (Amendment) Bill 2013 to amend HP Home Guard Force Act 1968 for discussion yesterday seeking state government control over enrollment of persons as volunteers of home guards.

He said that government had already approved it after promulgating ordinance by Governor of Himachal Pradesh Urmila Singh on October 4, 2013 now the bill would replace this ordinance to be discussed during this session.

He said that earlier Commandant General of Home Guard Force had power to observe such person in the force without taking government approval

Replying to the accusation of opposition Chief Minister rejected the contention made by them stating in the house that he would regret that their arguments could not be accepted. Latter house approved the bill with voice vote.

The house also adopted the HP Tax on luxuries (in Hotels and Lodging Houses) Amendment bill 2013 and HP Value Added Tax Amendment bills in the state assembly yesterday.

State Excise and Taxation Minister Prakash Chaudhary presented the bill in the house seeking extension of tax waiver on home stays units in operation in the state form July 15, 2008 meant for promotion of tourism in rural areas.

“It has been considered essential to extend the home stay scheme for another period of five years from 15 July 2013 to 14 July 2018 so that the proprietors of these units would come up to operation after getting further exemption from payment of luxury tax”, Mr. Chaudhary said citing reason for the amendment of Section 6-c of HP Tax on Luxuries (in Hotels and Lodging Houses) Act 1979.

The new bill only exempted those hospitality units in rural areas falling beyond three kilometers from the ambit of tax fall in immediate outer limits of municipality excluding important tourist destinations specified in this scheme.

The house also cleared the HP Value Added Tax Amendment bills in the state assembly by voice vote without any discussion.

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