DELIVER, DON’T JUST GIVE ASSURANCES TO OLD SETTLERS
The statement given by Pawan Chamling, Caretaker Chief Minister of Sikkim, yesterday speaking on the issue of Income Tax exemption to Old Settlers community of Sikkim, that many things are under control of central government and his promise to issue Residential Certificates are vague, false and misleading.
I had filed a petition on 22nd of August 2008 to The Committee on Petitions, Rajya Sabha demanding Socio-Economic and Political rights and Income Tax Exemption for persons residing in Sikkim prior to 26th April 1975 (who do not possess Sikkim Subject). After series of hearing of The Chief Secretary, Govt. of Sikkim, Petitioner and Central Government representatives, the Rajya Sabha Petition Committee drafted 145th Report of Rajya Sabha Petition Committee dated 06th August 2013.
The recommendations of the committee in 145th reports are: (which can be seen at http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Petitions/145.pdf)
1. (Under Para 9.5)
In the view of above, the Committee recommends that the demand of 400 families of Indian Origin, those who are living in Sikkim and denied their rights of equality should be given their due rights. The Committee recommends the Government to ensure executive decision with the view to treat all such Indian citizens and their descendants residing in Sikkim prior to 26th April 1975 as Sikkimese Indians for the purpose of automatically becoming eligible to all the Socio-Economic and political rights on par with those of the erstwhile Sikkim Subjects while availing of such rights and benefits from the Governments at the Centre as well as the State in the interest of justice, equality and welfare of its citizens.
2. (Under Para 9.6)
The Committee also recommends the Government to ensure equality before the law by removing the discrimination arising from the amendment of the Income Tax Act, 1961 vide Finance Act, 2008. The Committee also recommends that the ambit of section 26 AAA of the Income Tax Act, 1961 which exempted Sikkimese subject from payment of Income Tax Act should also be extended to all Indian citizens and their descendants, who are residing in Sikkim prior to the appointed date i.e. 26th April 1975. The Committee hopes that the Union Government and Government of Sikkim and take a positive attitude in the matter and help find an early solution to the problem.
After perusal of the report the Director, Ministry of Home Affairs, Government of India sent a letter to the Chief Secretary, Government of Sikkim on 16th of August 2013 to implement para no 9.5 of the report and submit action taken report. The Chamling government didn’t take any action. The Ministry of Home Affairs has again sent a reminder on 25th of October 2013 to provide equal status. Till date no action has been taken.
Prem Goyal [recvd on email]
The statement given by Pawan Chamling, Caretaker Chief Minister of Sikkim, yesterday speaking on the issue of Income Tax exemption to Old Settlers community of Sikkim, that many things are under control of central government and his promise to issue Residential Certificates are vague, false and misleading.
I had filed a petition on 22nd of August 2008 to The Committee on Petitions, Rajya Sabha demanding Socio-Economic and Political rights and Income Tax Exemption for persons residing in Sikkim prior to 26th April 1975 (who do not possess Sikkim Subject). After series of hearing of The Chief Secretary, Govt. of Sikkim, Petitioner and Central Government representatives, the Rajya Sabha Petition Committee drafted 145th Report of Rajya Sabha Petition Committee dated 06th August 2013.
The recommendations of the committee in 145th reports are: (which can be seen at http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Petitions/145.pdf)
1. (Under Para 9.5)
In the view of above, the Committee recommends that the demand of 400 families of Indian Origin, those who are living in Sikkim and denied their rights of equality should be given their due rights. The Committee recommends the Government to ensure executive decision with the view to treat all such Indian citizens and their descendants residing in Sikkim prior to 26th April 1975 as Sikkimese Indians for the purpose of automatically becoming eligible to all the Socio-Economic and political rights on par with those of the erstwhile Sikkim Subjects while availing of such rights and benefits from the Governments at the Centre as well as the State in the interest of justice, equality and welfare of its citizens.
2. (Under Para 9.6)
The Committee also recommends the Government to ensure equality before the law by removing the discrimination arising from the amendment of the Income Tax Act, 1961 vide Finance Act, 2008. The Committee also recommends that the ambit of section 26 AAA of the Income Tax Act, 1961 which exempted Sikkimese subject from payment of Income Tax Act should also be extended to all Indian citizens and their descendants, who are residing in Sikkim prior to the appointed date i.e. 26th April 1975. The Committee hopes that the Union Government and Government of Sikkim and take a positive attitude in the matter and help find an early solution to the problem.
After perusal of the report the Director, Ministry of Home Affairs, Government of India sent a letter to the Chief Secretary, Government of Sikkim on 16th of August 2013 to implement para no 9.5 of the report and submit action taken report. The Chamling government didn’t take any action. The Ministry of Home Affairs has again sent a reminder on 25th of October 2013 to provide equal status. Till date no action has been taken.
Prem Goyal [recvd on email]
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