GANGTOK, 08 Dec: In a rare press release issued today, Chief Minister Pawan Chamling has responded strongly to what he sees as a deliberate and mischievous misquoting by some newspapers in how his comments on the Companies Act 2012 were reported. His explanation of the said Act and what it entails were misrepresented as his support and celebration in a deliberate and coordinate move to discredit him and his government, the CM states through the release.
The episode in question is nearly a week old, and although the CM’s statement has been since clarified and at least one of the newspapers has issued a corrigendum, the issue seems to remain very much alive, the misquote continuing to be circulated and condemned in the political circles. The comment in question was made by the CM in his address delivered on the inauguration of the Yul-Dru-Sum Dzom guest house in Gangtok on 03 December.
The CM explains that the Rajya Sabha MP Hissey Lachungpa brought up the issue of Companies Act 2012 in his welcome address and hence it only followed that as the chief guest and the Chief Minister, he explained the Act and its status vis a vis Sikkim to the gathering.
“I informed the gathering that while both the Rajya Sabha and the Lok Sabha had passed the Companies Act 2012 Bill, it had not yet been extended to Sikkim,” the CM states.
“In the same context, I also informed the gathering about some benefits of the Companies Act 2012 under which companies will be required to give the State 2% of their profits as Corporate Social Responsibility fund and become more transparent in how they conducted their business,” the CM explains in his press release.
He adds, “That said, under this Act any Indian can register a company anywhere in India and will not be bound to such provisions as the minimum 50% representation of Sikkim Subjects required under Registration of Companies [Sikkim] Act of 1961 [which will be repealed if the Act was extended to Sikkim].”
This explanation of the ground situation, the CM states, was misrepresented by some newspapers as him saying that the Sikkim Subject Certificate would be no longer required.
Reiterating that the said reports were outright falsehoods, the CM adds that these were deliberate attempts to defame him and the State Government.
“I strongly oppose this conspiracy and condemn it,” he categorically conveys in his press statement, adding that on behalf of the Sikkimese people, he rejects these “anti Sikkim, anti Sikkim Subject, anti-people and antinational elements”.
“The instigations of such sections notwithstanding, I remain resolute in my commitment to the Sikkimese people, to the peace and security of the State and to the interests of Sikkim youth. I reiterate my solemn declaration to continue fighting for Sikkim and Sikkimese people on all fronts – political, intellectual and legal,” he concludes.
The issue, as mentioned, has clearly stirred the political waters because it continues to remain in discussion. The condemnation has already been registered by the ruling party and was reiterated again today through another, more detailed press communiqué issued by Lok Sabha MP PD Rai as the SDF spokesperson.
“Contrary to the incorrect and blatantly false information being propagated by the opposition, the Companies Act, 2013, has not been extended to the State of Sikkim. The act can only be extended once the relevant sections are notified in the Official Gazette,” Mr. Rai explains, adding that it is unfortunate that the Opposition continues “playing with words and not looking at the issue in its entirety”.
“We condemn in the strongest possible manner that the SDF is deliberately ‘diluting’ the 371 F,” he states.
He details that the CM [on 03 December] was pointing out how even after the SSP Government lost the battle of Income Tax extension to Sikkim, the SDF Government managed to salvage the situation by securing IT exemption for Sikkim Subjects and their descendents. “By doing just this, the SDF and Chamling in particular were able to take the definition of Sikkim Subjects to a whole new level. This has in fact given an identity to Sikkimese people which no other person has been able to do so. This in itself means the innovation that was carried out,” Mr. Rai highlights.
“The Chief Minister was alluding to this and said that even if the Companies Act is extended, it is progressive and its measures will only benefit Sikkimese entrepreneurs and the society at large, especially through the CSR provisions. This is all that the Chief Minister Pawan Chamling was conveying. However, those opposed to the SDF have construed this and given it a political overtone which is totally false and baseless,” he adds.
He goes on to state that although the Companies Act repeals an old law, “in no way does it dilute Article 371F”.
“It is an Act passed by the Parliament which is empowered to do so as the ‘competent authority’ as is provided in Article 371F itself,” he argues.
He goes on to remind that the Minister of Corporate Affairs has assured the State government that it will not notify the Sikkim-related clauses of the Companies Act without discussions with the State Government and in particular the Members of Parliament.
The episode in question is nearly a week old, and although the CM’s statement has been since clarified and at least one of the newspapers has issued a corrigendum, the issue seems to remain very much alive, the misquote continuing to be circulated and condemned in the political circles. The comment in question was made by the CM in his address delivered on the inauguration of the Yul-Dru-Sum Dzom guest house in Gangtok on 03 December.
The CM explains that the Rajya Sabha MP Hissey Lachungpa brought up the issue of Companies Act 2012 in his welcome address and hence it only followed that as the chief guest and the Chief Minister, he explained the Act and its status vis a vis Sikkim to the gathering.
“I informed the gathering that while both the Rajya Sabha and the Lok Sabha had passed the Companies Act 2012 Bill, it had not yet been extended to Sikkim,” the CM states.
“In the same context, I also informed the gathering about some benefits of the Companies Act 2012 under which companies will be required to give the State 2% of their profits as Corporate Social Responsibility fund and become more transparent in how they conducted their business,” the CM explains in his press release.
He adds, “That said, under this Act any Indian can register a company anywhere in India and will not be bound to such provisions as the minimum 50% representation of Sikkim Subjects required under Registration of Companies [Sikkim] Act of 1961 [which will be repealed if the Act was extended to Sikkim].”
This explanation of the ground situation, the CM states, was misrepresented by some newspapers as him saying that the Sikkim Subject Certificate would be no longer required.
Reiterating that the said reports were outright falsehoods, the CM adds that these were deliberate attempts to defame him and the State Government.
“I strongly oppose this conspiracy and condemn it,” he categorically conveys in his press statement, adding that on behalf of the Sikkimese people, he rejects these “anti Sikkim, anti Sikkim Subject, anti-people and antinational elements”.
“The instigations of such sections notwithstanding, I remain resolute in my commitment to the Sikkimese people, to the peace and security of the State and to the interests of Sikkim youth. I reiterate my solemn declaration to continue fighting for Sikkim and Sikkimese people on all fronts – political, intellectual and legal,” he concludes.
The issue, as mentioned, has clearly stirred the political waters because it continues to remain in discussion. The condemnation has already been registered by the ruling party and was reiterated again today through another, more detailed press communiqué issued by Lok Sabha MP PD Rai as the SDF spokesperson.
“Contrary to the incorrect and blatantly false information being propagated by the opposition, the Companies Act, 2013, has not been extended to the State of Sikkim. The act can only be extended once the relevant sections are notified in the Official Gazette,” Mr. Rai explains, adding that it is unfortunate that the Opposition continues “playing with words and not looking at the issue in its entirety”.
“We condemn in the strongest possible manner that the SDF is deliberately ‘diluting’ the 371 F,” he states.
He details that the CM [on 03 December] was pointing out how even after the SSP Government lost the battle of Income Tax extension to Sikkim, the SDF Government managed to salvage the situation by securing IT exemption for Sikkim Subjects and their descendents. “By doing just this, the SDF and Chamling in particular were able to take the definition of Sikkim Subjects to a whole new level. This has in fact given an identity to Sikkimese people which no other person has been able to do so. This in itself means the innovation that was carried out,” Mr. Rai highlights.
“The Chief Minister was alluding to this and said that even if the Companies Act is extended, it is progressive and its measures will only benefit Sikkimese entrepreneurs and the society at large, especially through the CSR provisions. This is all that the Chief Minister Pawan Chamling was conveying. However, those opposed to the SDF have construed this and given it a political overtone which is totally false and baseless,” he adds.
He goes on to state that although the Companies Act repeals an old law, “in no way does it dilute Article 371F”.
“It is an Act passed by the Parliament which is empowered to do so as the ‘competent authority’ as is provided in Article 371F itself,” he argues.
He goes on to remind that the Minister of Corporate Affairs has assured the State government that it will not notify the Sikkim-related clauses of the Companies Act without discussions with the State Government and in particular the Members of Parliament.
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