M A I N   N E W S

Aged parents will have to wait for dole
Himachal withdraws Bill on maintenance
Tribune News Service

SHIMLA, Dec 27 — The Himachal Government today withdrew the Bill for the maintenance of aged parents and also the one providing for the recovery of outstanding bank loans as arrears of land revenue.

The Bill providing for the maintenance of the aged and infirm parents by their wards, which was passed during the Congress regime, was withdrawn following advice from the Centre to make it applicable to other communities except Muslims.

The resolution seeking to withdraw the Bill was moved by the Health Minister, Mr J.P. Nadda.

The Chief Minister, Mr Prem Kumar Dhumal, said a fresh Bill in the amended form would be brought in the assembly in the next budget session.

He said there was no justification of the minorities not being asked to take care of their aged and infirm parents, but secularism did not allow one to make such laws applicable to the Muslim community which had its own personal law.

The leader of the opposition, Mr Virbhadra Singh, said the Bill passed by the House during the Congress regime was a revolutionary step which was appreciated throughout the country.

Mr Nadda said the Bill was passed in 1996 to safeguard the interests of the old and infirm parents and dependants as the tendency to neglect them was increasing day by day and need was felt to compel the young generation to perform their moral obligations which they owed to the society.

Giving details of the objections made by the Centre on the Bill, he said an observation was made that atleast one appeal should be provided for before a judicial authority, which was missing in the withdrawn Bill. No ceiling was fixed for payment of maintenance which should be fixed at least Rs 5000 per month.

The Centre also advised that no age limit should be provided for the maintenance as those below the age of 60, which was provided in the Bill, could also need maintenance. The provision should be made for interim maintenance and the Bill may be restricted to only Hindus.

Mr Nadda said keeping in view the observations of the Centre, suitable amendments had been made and the Bill would be brought in the next session. The high court had been empowered to hear the appeal against the decisions of the tribunal and revisional powers had been delegated to the state government and the provisions would be applicable to all persons domiciled in Himachal Pradesh except Muslims.

He said the Bill was being withdrawn on the advice of the Ministry of Home Affairs which insisted that the earlier Bill should be withdrawn in the assembly.

Following criticism by the Congress members, the government also withdrew the Bill providing for the recovery of outstanding bank loans as arrears of land revenue. The Bill was introduced in the House yesterday by the Minister of State for Revenue, Mr Rajan Sushant.

The Congress members said the Bill infringed on the laws relating to the banking industry and might not be assented by the President.

Congress members, including, Mr Virbhadra Singh, Mr J.B.L. Khachi, Mr Kaul Singh and Mr Chander Kumar claimed that the Act of 1973 for the purpose had stood the test of time in the courts and there was no need for bringing the new Bill which would burden the state government.

The Chief Minister said the government was open to suggestions and the Bill was withdrawn.

Overruling the objections of the opposition, the House by a voice vote approved the Bill providing for certain amendments in the Panchayati Raj Act of 1994.

The Congress members, including Mr Virbhadra Singh, Mr Chander Kumar, Mrs Asha Kumari, Mr Gangu Ram and Mrs Viplove Thakur described the amendment of the Section 131 for the nomination of members of panchayats for the purpose of quorum as “highly undemocratic and objectionable”.

Mr Virbhadra Singh said it was a “black day” for Himachal as the democratic system was being axed by making the provision for nomination which, he alleged, was to create artificial majority in the panchayats by nominating the persons of choice by the government and capturing these grassroot democratic institutions. The provision of the Bill was liable to be misused by the government.

The Chief Minister made it clear that the pradhans would not be nominated by the government. The amendment aimed at only nominating the members to fulfil the quorum incase any transaction of the panchayat was held up because of that. The election of the new member would be held without any delay and the nominated member would step down.