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Press Release

स्वराज इंडिया

प्रेस नोट 
स्वराज इंडिया, 29 अक्टूबर 2017


स्वराज इंडिया का ट्रैक्टर को "गैर परिवहन वाहन" की श्रेणी से बाहर करने के सरकार के फैसले का विरोध।
स्वराज इंडिया अध्यक्ष योगेंद्र यादव ने केंद्र सरकार को ज्ञापन भेजते हुए इस मसौदे पर आपत्तियों को रखने के लिए अधिक समय देने की मांग की।
स्वराज इंडिया ने कृषि ट्रैक्टरों को 'गैर-परिवहन वाहनों' की श्रेणी से बाहर करने के केंद्र सरकार के फैसले पर आपत्ति व्यक्त करते हुए कहा है कि यह कदम पहले से आर्थिक संकट झेल रहे किसानों की कमर तोड़ने वाली (दोहरी मार) है।

सरकार के इस कदम को अनावश्यक और किसान विरोधी बताते हुए, पार्टी प्रवक्ता राजीव गोदारा ने कहा कि कृषि और गैर-कृषि (कमर्शियल) प्रयोजनों के लिए इस्तेमाल होने वाले ट्रैक्टरों के बीच पहले से ही स्पष्ट अंतर है। खेती के कामों में प्रयुक्त होने वाले ट्रैक्टर को केंद्र सरकार ने "नॉन-ट्रांसपोर्ट कैटेगरी" से निकालकर 'ट्रांसपोर्ट वेहिकल' की श्रेणी में डालने का प्रस्ताव दिया है जिससे खेती करने वाले ट्रैक्टर पर जीएसटी 12% से बढ़कर 28% हो गया। साथ ही, रोड टैक्स जैसे कई अन्य टैक्स भी लागू कर दिए गए। फ़सल की कीमत तो देश के किसानों को पहले से ही नहीं मिल रही थी, अब टोल टैक्स, लाइसेंस आदि की कीमत जुड़ जाने से खेती का लागत मूल्य और भी बढ़ जाएगा।

जय किसान आंदोलन के संजोजक अविक साहा ने कहा कि कृषि ट्रैक्टर को 'कमर्शियल वाहन' के रूप में मान लिए जाने से एक मामूली प्लाई के लिए भी परमिट की आवश्यकता होगी, जो किसानों पर अतिरिक्त बोझ की तरह होगा। और सबसे दुखद है की वर्तमान सरकार इसके दुष्परिणाम के प्रति पूरी तरह असंवेदनशील /अचेत है।

नव गठित राजनितिक पार्टी स्वराज इंडिया ने भी सरकार के इस कदम की आलोचना करते हुए कहा कि सरकार को यह निर्णय लेने से पहले कम से कम एक महीने का समय देकर ड्राफ्ट पर आपत्ति या सुझाव आमंत्रित करना चाहिए था। लेकिन राजपत्र में प्रकाशन से पहले किसी को भनक तक नहीं लगने दी गई। स्वराज इंडिया अध्यक्ष योगेंद्र यादव ने केंद्र सरकार को भी एक ज्ञापन भेजते हुए मांग की है कि सरकार इस मसौदे पर आपत्तियों को रखने के लिए और अधिक समय दे।

विदित हो कि सरकार के इस फ़रमान के बाद अब किसी भी किसान को अपने खेत में ट्रैक्टर चलाने के लिए कम से कम आठवीं पास भी होना पड़ेगा। तो क्या सरकार भी हमारे देश के किसानों की साक्षरत


Press Note

Swaraj India, 29 October 2017

Swaraj India expresses objections to  Central government’s decision to exclude agricultural tractors from the category of ‘non-transport vehicles’
Swaraj India President, Yogendra Yadav, has also sent a memorandum to the Central government demanding more time for submission of objections on draft rule that the government has issued.
Swaraj India has expressed strong objections to the Central government’s decision to exclude agricultural tractors from the category of ‘non-transport vehicles’, a decision that will have severe implications on the already distressed farmers of the country.

Terming the move as unnecessary, Party Spokesperson Rajeev Gidara said that there already exists a clear distinction between tractors being used for agricultural purposes and the ones that are being used for non-agriculture purposes. He said that including agricultural tractors in the category of commercial vehicles will increase their cost as the GST levied on tractors will increase from the present 12% to 28%, they will be subjected to increased tolls and that obtaining licences to drive tractors will become difficult once they are included in the category of 'transport vehicles'. “Once Agriculture Tractor will be considered as a 'transport vehicle', it will require a permit to ply, this will be an additional burden on the pockets of the farmers, and the government has been completely insensitive towards such implications,” Jai Kisan Andolan Convenor Avik Saha said. 

Swaraj India also criticised the government for not circulating or publishing the notification among the agriculturist community through different modes of publication but for only publishing it in a gazette. 

Swaraj India President, Yogendra Yadav, has also sent a memorandum to the Central government (Ministry of road transport & highways) demanding more time for submission of objections on draft rule that the government has issued. 

“If this move is implemented, farmers will need to be at least class 8th pass to be eligible for a license to drive the tractor. Is the government even aware of the literacy rate prevalent among the farmers of our country,” Jai Kisan Andolan founder Yogendra Yadav asked.
The submitted memorandum is attached with this press release for your reference
---------- Forwarded message ----------
From: Yogendra Yadav <yogendra.yadav@gmail.com>
Date: 27 October 2017 at 19:03
Subject: Notification No. G.S.R. 1206(E) dated 27th September 2017 - Objections & Suggestions of Swaraj India
To: js-tpt@nic.in
Dear Sir,  
Attached please find the Memorandum of Objection-Suggestions of Swaraj India with regard to the above subject. For convenience, the same is also pasted in the body of this email. 

Dated: 27.10.2017

To:

Shri Nitin Gadkari 

Hon’ble Cabinet Minister

Ministry o​​f Road Transport and Highways 

Government of India

New Delhi

Through:

The Joint Secretary

Government of India (Transport)

Ministry of Road Transport and Highways 

Transport Bhawan

Parliament Street

​​
New Delhi

MEMORANDUM OF OBJECTION/SUBMISSIONS TO DRAFT RULES TO AMEND MV RULES 1989

This Memorandum (Memorandum) raising certain objections/submissions is being submitted by Jai Kisan Andolan in response to Notification G.S.R. 1206 (E) dated 27.09.2017 (Said Notification) issued by your Ministry, vide which Draft Rules named Central Motor Vehicles (Amendment) Rules, 2017 (Said Draft Rule Of 2017) to amend to the Central Motor Vehicles Rules, 1989 (Said Rule Of 1989) was published and objections/submissions were invited.

A. Preliminary Submissions Regarding Publication of Notification G.S.R. 1206 (E) dated  27.09.2017

1. The Said Notification, which majorly effects the interest of farmers, has not been published or circulated by means and manner accessible to them and therefore, we submit that the same should be re-published through several means including but not limited to local newspapers and public notices in village panchayats and in local languages all over the country and further time should be given for submission of objections to the Said Draft Rules. 

B.          Main Objections/Submissions:

1. The Said Draft Rule Of 2017 published vide the Said Notification provides that Rule 2 (b) of the Said Rule Of 1989 shall be amended. 

2. At present Rule 2(b) reads as follows: 

(b) "Agricultural tractor" means any mechanically propelled 4-wheel vehicle designed to work with suitable implements for various field operations and/or trailers to transport agricultural materials. Agricultural tractor is a non-transport vehicle;  

3. The Said Draft Rule Of 2017 propose that in sub-rule (b) of Rule 2, the words “Agricultural tractor is a non transport vehicle” shall be omitted.

4. Jai Kisan Andolan strongly objects to the above-proposed amendment to omit the phrase Agricultural tractor is a non-transport vehicle and submits that this Said Draft Rule Of 2017 should be withdrawn and should not be made applicable and no amendment should be made in Rule 2(b) of the Said Rule Of 1989. 

5. Jai Kisan Andolan categorically submits that Agricultural Tractor should not be declared as transport vehicle and it should continue to be a non-transport vehicle for the following amongst other reasons: 

5.1 In the Said Rule Of 1989, Sub-Rule (b) of Rule 2 was inserted vide the Central Motor Vehicles (Amendment) Rules, 1993, with an object to support agriculturists/farmers who use tractor for agricultural purpose.

5.2 The proposed amendment removes or has the effect of removing the difference between tractors uses for agricultural purposes and non-agricultural purposes. The issue regarding difference between agriculture tractor and a tractor that is used for the purpose of carrying goods came before the Punjab & Haryana High Court in The Dashmesh Tractor Trolley Union & Ors. Vs. The State of Punjab & Ors. (https://www.legalcrystal.com/case/632776/dashmesh-tractor-trolley-union-vs-state-punjab). In this case main grievance of the writ petitioners was in regard to the addition of sub clauses (b) and (c) in Rule 2 of the Central Motor Vehicles Rules by which Agricultural Tractor and Agricultural Trailer were defined as non-transport vehicles. It was further the case of the writ petitioners that by virtue of the amendment, the respondent are not treating Tractor as goods carriage vehicle and are refusing to renew the permits or refusing to grant fresh permits to the tractors. Para 10 of the judgment reads as follows: 

“Thus a reading of these two provisions clearly shows that an agricultural tractor is a four wheel vehicle designed to work with suitable implements for various field operations and to transport agricultural materials only...... A reading of the above rules of 1993 clearly gives an expression that these definitions were intended to benefit the agriculturists for the purposes of agricultural operations. ............. Rule 100 was amended giving differential treatment to agricultural tractors. Rules 105, 106, 109, 111 and 115 were also amended giving some exemptions to the agricultural tractors. Thus the rule making authority wanted to give certain benefits to the tractors used predominantly for the agricultural operations and for agricultural goods and inclusion of agricultural tractors and agricultural trailers in the definition under Rule 2 of the Central Motor Vehicles Rules 1989 as amended in 1993 does not take away the tractor from the definition of goods carriage vehicle or heavy goods vehicleThe amendments, as seen above, are intended only to benefit the agriculturists who use the tractors and trailers in agricultural operations. That does not mean that no tractor or trailer shall be used as goods vehicle........The said amendments were only intended to benefit the agriculturists who use the tractors and trailers in the agricultural operations. Therefore, there is no question of quashing the Rule 2(b) and (c) as amended in 1993 vide notification No. GSR 338 (E) dated 26.3.1993.

5.3 It is clear that even as per above said provision of rules 2(b) every tractor is not an Agricultural Tractor. Only those tractor and trailer, which are used for the purpose of agricultural operations would fall within the definition of rule 2(b). The tractors which are used for commercial purposes for carrying goods and not for agricultural operations will not come within the purview of this rule. The proposed amendment in rule 2 (b) will apply to Agricultural Tractors and there will be no difference between an Agricultural Tractor to be used for agricultural purposes and tractor which is being used for commercial purposes for carrying goods.

5.4 It is to be noticed that as per news reports in different newspapers the proposed amendment is on the basis of demand raised by persons who are in goods carrying business through tempo or other four-wheelers. It is being mentioned that some of the tractor owner are using their tractor for doing business of goods carriage and they are not paying taxes and getting permit as transport vehicle and therefore, it is difficult for persons who are in this business and using any other transport vehicle to compete with the persons who are using tractor for the same business. However, in view of the submission made, there is no reason to make proposed amendment in the Said Rule Of 1989 as there is difference between tractor and an agriculture tractor, which has been judicially noticed and accepted.

5.5 As per Central Motor Vehicles Act, 1988 there are various provisions that apply to transport vehicles and do not apply to non-transport vehicles. These provisions are not only difficult for a farmer to comply with but also imposes huge burden on the economy of the farmer, when farmers are already under serious economic distress. It will cause serious difficulty for agriculturists/farmers who are using agricultural tractor for agriculture purposes.

5.6 A non-transport (personal) vehicle has to be registered for a period of 15 years and after completion of that period, can be renewed for period of 5 years. However, for a transport vehicle, this registration certificate is valid only for a period of 2 years and has to be renewed every year thereafter. By virtue of the proposed amendment, an Agricultural Tractor will become a transport vehicle and a farmer will have to get fitness certificate only for two years for a new tractor. This will cause great inconvenience to farmers and burden them with huge additional costs. 

5.7 Being a non-transport vehicle, at present registration fee for tractor is very nominal. After amendment, the registration fee of a tractor would become very high as it will be treated as a transport vehicle. This will burden farmers with huge additional costs.

5.8 All transport vehicles need mandatory road permit issued/renewed by the Regional Transport Authority for 5 years. By virtue of the proposed amendment, an Agricultural Tractor will become a transport vehicle and a farmer will have to get/renew road permit for a tractor. This will cause great inconvenience to farmers and burden them with huge additional costs.

5.9 In order to drive a transport vehicle, a person needs driving license for which minimum educational qualification is 8th Standard; considering literacy rate in our country it is evident that most farmers will not have this educational qualification. Further, license obtained for driving transport vehicle is effective for 3 years from the date of issue, whereas for non-transport vehicles the license is valid for 20 years from the date of issue. If all tractors become transport vehicles by virtue of the amendment, farmers will face a lot of difficulty and be burdened with extra cost for obtaining driving licenses to drive their own tractors for agriculture purposes.

5.10 For license to drive non-transport vehicles, application has to be made to SDO (Civil) of one’s residential area but in case of transport vehicles, application has to be made to Secretary Regional Transport Authority. This will add to the harassment of farmers. 

5.11 The minimum age for license to drive non-transport vehicle is 18 years but for transport vehicles, it is 20 years. This will deprive young farmers from joining farming activity for an additional 2 years.

C.              Proposed Amendment and Impact of GST:

1. The rate of GST on Agricultural Tractors (except road tractors for semitrailers of engine capacity more than 1800 cc) fixed by GST Council at the introduction of GST in July, 2017 is 12%.

2. The rate of GST on motor vehicles for the transport of goods (other than refrigerated motor vehicles) fixed by GST Council at the introduction of GST in July, 2017 is 28%.

3. By virtue of the proposed amendment, Agricultural Tractors shall be treated as transport vehicle and will therefore attract 16% more GST, which will cause immense financial hardship to farmers and will further negate the benefit offered to them by the GST Council, which is illegal. 

We hope that the objections/submissions made above will receive due attention and necessary action. We also seek an opportunity to appear in person and make further submissions in the matter. 

For Swaraj India

​Yours,
Yogendra Yadav
​ ।  योगेन्द्र यादव ​
President, Swaraj India|Member, Swaraj Abhiyan and Jai Kisan Andolan
​अध्यक्ष, स्वराज इंडिया
| सदस्य, स्वराज अभियान और जय किसान आंदोलन ​
Media Cell 

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