Some unpopular Measures
Next the President promulgated a new set of ordinances which pertained to unpopular measures which were not being initiated by the political parties for the fear of agitations and loosing votes . These are given below.
Income Tax on Agriculture
Preamble
Farmers have paid tax to the kings from times immemorial. History shows that all subjects paid about one fourth of their produce to the king. So it is not understandable as to why agriculturists and those who are engaged in agro based industries should not pay income tax. All persons irrespective of whether they live in urban or rural areas need the Government to carry out development of the infrastructure like roads, irrigation systems, electric power and a host of other facilities. They need the police, judiciary, the countries defense forces and many other Government facilities like education and health services. They want loan facilities, subsidies and procurement of their produce at remunerative support prices. But they are not willing to pay for these services. Do they give anything for free? Then why should they feel that they should get all services free of cost. Why should the revenue earned by the Government in the form of income tax in urban areas be spent for the development of rural areas? It is illogical to exempt agricultural income from income tax.
Tax holidays for development of backward areas are understandable. But the agriculturists have enjoyed tax holiday for sixty five years. Hence this tax holiday must end. All individuals or companies who are engaged in agro-based industries will be required to pay income tax.
Tax Liability
The slabs and rates of income tax payable by individuals and companies engaged in agriculture or agro based industries will be the same as for other individuals and companies. An expert body is being set up to work out a method of assessing income and develop a Form on which the tax return is to be submitted. This expert body recommendation will be submitted to the President within three months and Government orders will be issued within six months.
Interim Rates of Payment
Till the Government works out the system of assessing the income and develops a Form on which the return is to be submitted, an interim system as given below shall operate.
All individuals who have more than 20 acres of irrigated land or more than 5 acres under sugarcane or 3 acres under grape cultivation or who have constructed a cement concrete house of more than 100 square meters or are in possession of private cars or jeeps will pay an ad hoc income tax of Rs. 1500 for the current financial year. This amount will be paid within 3 months.
All companies engaged in agro based industries of any kind including dairy, floriculture, plantations etc. will pay an ad hoc income tax equivalent to 1 per cent of turnover. This amount will be paid within three months of issue of this ordinance.
Exemptions
All agro based industries will be allowed a tax holiday for a period of 7 years from their incorporation. In case of plantations, they will be allowed a tax holiday of 25 years. During this period they will pay only one percent of their sale as tax.
All individuals who are starting new cultivation of grapes or any fruit orchard will be granted exemption for the particular area for a period of seven years.
Penalties for Non Payment of Tax
Non payment of the tax will be treated as an offense against the state and be dealt with accordingly.
Ban on Strikes by Government Servants
Preamble
All Government Departments and Public Sector Undertakings provide services to the people which are both essential and vital. Disruptions of these services cause enormous hardship to the people of the nation. They also cause unacceptable economic losses. Government service provides great job security and post retirement benefits which are usually not available to the private or unorganized sector. Hence strikes by Government Servants or employees of a public sector undertaking are not acceptable. This is going to be a condition for employment in the Government sector. There exist many forums for redressal of grievances like administrative tribunals and courts. In case of any grievances, these authorities can be approached. But in no case will the Government allow its own employees to hold the Government and the people of the nation to ransom.
Ban on Strikes by Government Servants
Any strike or go slow agitation by any Government employee or any employee of any Public Sector Undertaking including nationalized banks for any reason whatsoever is hereby banned.
Acceptance of the Condition
All serving Government Servants including the employees of the Public Sector Undertakings including nationalized banks would sign an declaration accepting this condition within 7 days of the issue of this Ordinance. Those failing to sign this declaration would be dismissed from service. All new entrants will be required to sign this declaration at the time of appointment. The civil service rules will be amended accordingly.
Penalties in Case of Strike
In case of a strike, all union leaders will be declared as having committed crimes against the State. They will be immediately arrested and imprisoned. All Government employees who do not report for duty will be dismissed from service without any terminal benefits. All essential services like water, electricity, telephone, of the Government Accommodation or any accommodation for which the Government is paying house rent allowance and where the striking workers are staying will be immediately cut off. The employees will not be permitted to move out of their colonies except for going to work. However their families will have full freedom of movement. All Government accommodation where the striking workers are staying would be got vacated within one month of the commencement of strike. In case any public property is destroyed or any act of sabotage takes place to any installation, the culprit would be deemed to have committed a crime against the state and be proceeded against accordingly. In case during any demonstration any inconvenience is caused to the general public, the demonstration would be broken up using force as necessary including resorting to firing.
Reinstatement of Striking Employees
After a strike has been called off, the employees will be eligible to apply for reinstatement. The applications will be considered on merit. The employee will loose his seniority in his rank. 10 percent of his basic salary will be deducted for every day of absence from duty if he is reinstated.
Elections to Labor Unions and Voting on Actions Plans
Preamble
All elections are a democratic process and the individual has full liberty to indicate his choice without fear or favor. Unfortunately, unless the voting is by secret ballot, threat of reprisals can prevent a free choice being exercised. Instances of intimidation during elections to labor union have to be curbed. Violence or threat of violence cannot be allowed to dominate our lives.
Elections will be by Secret Ballot.
Elections for all union office bearers and at all labor unions will be by secret ballot. These elections will be conducted by State Election Commissions who will be responsible for conducting free and fair elections and maintaining law and order during elections.
Eligibility
Only employees of the industrial unit or government department will be eligible to contest for the post of any office bearer in the labor union of their organization. Outsiders will not be permitted to contest. Any employee who has been found guilty or is under investigation for any serious breach of discipline or for misappropriation of funds or for any offense under IPC or who has served a prison sentence for any offense under IPC would not be eligible to contest for the post of any office bearer of any labor union.
Disqualification
Any union official found guilty of use of physical force or conspiring or organizing to use of physical force on any fellow member of the union or a member of the management will be disqualified and will cease to be a member of the union. The offense would be taken cognizance of and the matter dealt with under law. Any union member who indulges in acts of indiscipline like repeatedly coming late, using abusive l
anguage in the presence of the management, disobedience of lawful orders of his superior, and if found to be incapable of performing the duties assigned to him, will be disqualified. He will also be disqualified if he is found guilty of any offense. He will be suspended during the period of inquiry.
In case any illegal strike is organized and the strike is proved to be illegal and without due notice in a labor court, the union officials taking part in the strike would be disqualified and would cease to be a member of the union.
Privilege of Union Members
The Union members will be exempted from duty for a maximum of 10 days in a month. Otherwise, they will attend to their duties.
Derecognition of Unions
Any Union which fails to submit an audited account of the Union Funds, within 180 days of the close of the financial year will be derecognized. Its assets would be seized and credited to the welfare fund for employees of the company or organization. The president and treasurer of the union would be arrested for misappropriation of public funds and be tried accordingly.
Maintenance of Divorced, Separated or Abandoned Wives and Minor Children
Preamble
It is unacceptable that a husband, irrespective of his religion or caste, be allowed to divorce his wife or abandon her and not provide her and his minor children maintenance. On one hand we are trying to bring in legislation to ensure that children are forced to maintain their aged parents, on the other hand we do not insist on the husband to provide for his wife and children. We cannot have these women being forced into prostitution or the children being made destitute for no fault of theirs.
Liability to Provide Maintenance
Any husband, irrespective of religion or caste, who divorces his wife or separates from his wife or abandons his wife without divorce will pay as maintenance to his wife a sum equal to 30 percent of his basic salary or his business income every month. Any father will pay an additional sum of 10 percent of his basic salary per child to his wife if his children are in the custody of the mother.
No maintenance would be payable to the wife in case she remarries. However, the maintenance of the children would continue. No maintenance will be payable if the wife is in service or business and has a basic salary or business income of more than Rs 10,000 per month or if her salary is more than that of her husband. In case her salary is less than Rs. 10.000, the husband would be required to pay 30 percent of his salary or the difference between the salary of his wife and Rs 10,000, whichever is less. However, the maintenance of the children would be paid.
Penalty for Non Compliance
If any husband or father fails to pay maintenance to his wife or children, he will be arrested and charge sheeted. If found guilty by a court of law, his moveable and immovable property will be confiscated, disposed off and credited to government treasury. There after, the wife and children will be paid maintenance of Rs 10,000 or 30 percent of the husbands salary; which ever is less; by the Government.
Security Arrangements for VIPS
Preamble
A large number of VIPs and ex VIPs are being provided security by NSG at great cost to the nation. The number of such people are ever increasing and adding to infructuous expenditure of the Government. A situation has arisen that even criminals with political connections are being provided with security at Government cost. This must cease forthwith.
Fundamental Principles of Providing Security
All serving ministers of the Central or State Governments who are dealing with sensitive ministries connected with maintenance of law and order will be provided with NSG security cover. Security cover for other ministers will be provided by local police.
All serving judges who deal with cases involving terrorists or Mafia cases would be provided with NSG security cover.
All retired senior officers of the defense services, police, paramilitary forces, ex ministers and retired judges who have taken action against terrorist groups or the Mafia and are on their hit list will be provided SSG security cover for a period of 10 years from their date of retirement. The necessity will be reviewed after 10 years.
Other retired Prime Ministers, ministers, government servants or members of their families will not be provided with NSG security cover. If they require security cover, they will apply to the local police, who will examine the request and provide security as provided under law.
This Ordinance will come into effect after 30 days during which time those whose NSG security cover is to be withdrawn will make their own arrangements.
The unpopular measures created a furor. The Bharatiya Kissan Union and a few other farmers' organizations came out strongly against taxation of agriculture. They threatened to launch agitation and said that they would refuse to pay taxes. There were articles both for and against the measure. Some said that there would be a fall in agricultural production. There was a demand that the measure be withdrawn.
The trade unions and the Left Parties decried the ban on strikes and the election laws. Effigies of the President were burnt. The President was dubbed anti labor. The leaders of the Central Government workers unions gave a call of indefinite strike till the measures were withdrawn.
The Muslim parties came out strongly against the laws on maintenance of wives and children. They claimed that the laws infringed on their freedom of religion.
The President stood firm. He said that he was not going to be curbed by threats and warned that those who adopted the path of agitation would face dire consequences. He reiterated that the measures were long over due and only competitive populism of the political parties had prevented these measures from being adopted. He welcomed delegations of the interested parties to discuss the measures with him.
A delegation of farmers came to discuss the issue of tax on agriculture. They pointed out that the life of a farmer was very difficult. The production was unpredictable and depended on rainfall. The farmers were not getting remunerative prices for their produce and were unable to make a proper living. The President said that as per the tax laws only those who earned more than Rs. 150,000 per year were required to pay tax. So as far as the small and marginal farmers were concerned, they would still not be required to pay tax. As far as the rich farmers were concerned the story was different. If agriculture was un-remunerative, how could they afford to build palatial houses, buy cars costing over Rs. 5 lakhs, have all modern amenities and have fat bank balances? A Government officer living honestly required a life time to buy a house and a car. Yet he paid income tax. So why should the rich farmers who earned adequately not pay tax?
The delegation of the Left Parties and union leaders came to discuss the ban on strikes and introduction of secret ballots for union elections and other clauses relating to functioning of unions. They claimed that agitations in the form of strikes, Bundhs and "Gheraos" (sit-ins) were fundamental rights of the labor. They had the right to negotiate remunerations and to prevent exploitation of the labor by the management. The President said he disagreed with this contention. The fundamental rights of one group of people can not result in denying the fundamental rights of another set of people. The Kerala High Court has already ruled that bundhs are illegal because they infringe on the rights of others. For example, the electricity boards cannot go on strike and deny electricity to the consumers. The railways cannot go on strike and deny the right to travel of millions of countrymen. I have not heard of a strike in the Soviet Union or China in the last fifty years. Both are communist countries.
It is also noticed that the Unions are launching agitations on issues which are none of their concern. The matters like disinvestment in public sector, privatization etc. are matters for the Government to decide. The Unions have no business to interfere in these issues.
It is also noticed that some unions are carrying out agitations which are harmful in the long run. Take for example the agitation about cultivation of paddy and utilization of paddy lands in Kerala. The farm labor union is asking for wages which the farmer cannot pay. So the
y are going in for plantations and other utilization of the land. If farming becomes un-remunerative, why would farmers cultivate. And if farming stops how will farm labor get employment. On one side you want rice at Rs. 2 or 3 per kg. On the other side you want procurement price for paddy to be Rs. 7 per kg. How is this possible? The interest of the nation comes first. The President was not going to allow anything that is against the interest of the nation.
To the Muslim leaders, the President said that maintenance of wives and children had nothing to do with religion. No religion is unjust. The simple issue is that no one can shirk his responsibilities on grounds of religion. If you marry and have children, you have to provide for the wife and children whether you choose to live with them or not. That is the law of natural justice and the law the world over. If the Muslims were not prepared to accept this responsibility, the State would have to step in and enforce it. The President failed to understand what kind of fathers and mothers were the Muslims? Did they have no concern for their daughters and the children in the society? He was unable to appreciate their objection to the law.
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