No previlege to works contract under the ambit of MSMED Act
Chapter IV of the Act provides for the measures for promotion, development and enhancement of competitiveness of Micro, Small and Medium Enterprises. Chapter V deals with the mechanism of adjudicating the delayed payment disputes of Micro and Small Enterprises through Facilitation Councils by adopting the Alternative Dispute Resolution processes. Any supplier who had supplied the goods or rendered any service to a buyer is entitled to receive the payment on time and in case of non-payment or delayed payment, the suppliers can approach the Facilitation Council of their respective State.
The Micro, Small and Medium Enterprises (MSMEs) is a highly vibrant and dynamic sector of the Indian economy with over 6 crores units, providing employment to 11 crores + people which is just next to Agriculture in our Country. The MSMEs are estimated to contribute nearly 30% of the nation’s GDP. Like other sectors, MSME sector has also been adversely affected in terms of productivity during COVID-19. The Government of India has taken several steps as a follow up on recommendations and impact of COVID-19. The Government has a systematic institutional arrangement to promote MSMEs which covers a legislative and regulatory framework. Due to these efforts, once again, MSMEs are widening their domain across sectors to meet demands of domestic as well as global markets.
The legislature, with an objective of facilitating the promotion & development and enhancing the competitiveness of MSMEs enacted the Micro, Small and Medium Enterprises Development Act (MSMED Act) on 16th June, 2006. The Act provides for several privileges/ benefits for the micro, small and medium enterprises who file the memorandum and register itself with the government. Chapter IV of the Act provides for the measures for promotion, development and enhancement of competitiveness of Micro, Small and Medium Enterprises. Chapter V deals with the mechanism of adjudicating the delayed payment disputes of Micro and Small Enterprises through Facilitation Councils by adopting the Alternative Dispute Resolution processes. Any supplier who had supplied the goods or rendered any service to a buyer is entitled to receive the payment on time and in case of non-payment or delayed payment, the suppliers can approach the Facilitation Council of their respective State. However, the MSMEs who had entered into a work contract require vigilance and legal awareness before entering into such contracts as generally they are not rendered the benefits of the MSMED Act. Hence, works contract is an exception. This write-up is focused on Works Contract, its characteristics, exclusion from the ambit of Act and way ahead.
“WORKS CONTRACT” AND ITS CHARACTERISTICS:
Work Contract is a separate species of contract distinct from contracts for services simpliciter recognized by the world of commerce and law. Simply put, a works contract is essentially a contract of service which may also involve supply of goods in the execution of the contract. In a general sense, a contract of works, may relate to both immovable and immovable property. Example- if a sub-contractor, undertakes a sub-contract for the building work, it would be a works contract in relation to immovable property. Similarly, if a composite supply in relation to movable property such as fabrication/painting/annual maintenance contracts etc. is undertaken, the same would come within the ambit of the broad definition of a works contract. Even if in a contract, besides the obligations of supply of goods and materials and performance of labour and services, some additional obligations are imposed, such contract does not cease to be works contract. The additional obligations in the contract would not alter the nature of contract so long as the contract provides for a contract for works and satisfies the primary description of works contract. The term “works contract” cannot be confined to a contract to provide labour and services but is a contract for undertaking or bringing into existence some “works”.
The Constitutional Bench of the Hon’ble Supreme Court (SC), over-ruling the earlier decision of three-member Bench re State of A.P. v. Kone Elevators (India) Ltd., has held that the activity of manufacture, erection, installation and commissioning of lift is indeed a ‘works contract’ and not a ‘contract for sale of goods’. The basic characteristics of works contract that clearly emerge out of the various decision of Apex Court are –
(a) the works contract is an indivisible contract but, by legal fiction, is divided into two parts, one for sale of goods, and the other for supply of labour and services;
(b) the concept of “dominant nature test” or, for that matter, the “degree of intention test” or “overwhelming component test” for treating a contract as a works contract is not applicable;
(c) the term “works contract” as used in Clause (29A) of Article 366 of the Constitution takes in its sweep all genre of works contract and is not to be narrowly construed to cover one species of contract to provide for labour and service alone;
The Larger Bench of the SC in the case of M/s Kone Elevators India Pvt Ltd v. State of Tamil Nadu held that a contract for supply and installation of lift is a composite contract for supply of goods as well as provision of service and that the service element is obvious is such a contract. Thus, the activity of supply and installation of lift would constitute to be a works contract. The Larger Bench, thus, reversed its earlier decision based on the logic that the major component was the lift and that the skill and labour employed was only incidental to the supply of lift and that this is a contract for sale of goods.
EXCLUSION OF WORKS CONTRACT FROM THE AMBIT OF MSMED ACT:
The benefits of the MSMED Act and Public Procurement Policy could not be extended to the MSEs registered under the MSMED Act. Works contract are excluded from the ambit of MSMED Act and there are various judicial pronouncements by several High Courts regarding the same. The Bombay High Court in case of Sterling Wilson Pvt Limited v. Union of India & Ors. held that the contract under tender is a composite contract for supply of goods as well as installation of fire water spray system, which is a permanent fixture. The goods supplied under the contract are eventually assembled and installed at site and become part of the permanent fixture. The said contract satisfies fundamental characteristics of work contract and hence cannot be considered as a contract simplicitor for sale of goods and services. As stated earlier, the MSMED Act and the Public Procurement Policy is applicable only to procurement of goods and services. The contract under tender not being a contract for sale of goods and predominantly a work contract, the benefits of the Act and the Policy could not be extended to the MSEs registered under the Act.
In another case of PL Adke v. Wardha Municipal Council, Bombay High Court held that the MSMED Act contemplates supply of goods, purchase of goods, and rendering an acceptance of services. In the present case, having coming to the conclusion that it is a works contract and being indivisible and absent the need to deconstruct the contract into its components of sale supply and performance of labour related work it is evident that the MSMED Act cannot be made applicable.
The Allahabad High Court in M/s Rahul Singh v. Union of India & Ors. also reiterated this view. It further held that no provision of the 2006 Act bids us to deconstruct a works contract into elements relating to supply of goods and provision of service. Neither section 11 nor the Public Procurement Policy, 2012 appears to envisage a composite and distinct category.
The Andhra Pradesh High Court very recently in case of Rashtriyalspat Nigam Limited v. The Union Of India discussed that it can be very clearly seen from the figures submitted by the respondent-contractor himself that a very very large percentage of the work or the predominant part of the work is civil and structural work only. Supply element is a small part. The High Court lastly held that the Act 27, 2006 would not apply to the works contracts which were awarded by the Visakhapatnam Steel Plant in these cases by a process of tender. Some element of supply is involved in these works and that by itself is not enough for this Court to hold that the stand of the respondents is correct.
These all pronouncement makes it clear that the works contract are kept outside the ambit of MSMED Act, 2006 as the same are composite and indivisible. However, the judgement passed by Bombay High Court in case of PL Adke (Supra) has been challenged before the Supreme Court vide Special Leave Petition bearing SLP (C) No.4970 of 2021 and the same is pending. Arguments completed on 15.02.2022 in the said Special Leave Petition and judgment is reserved since February, 2022.
It is very difficult to offer the benefits of MSMED Act to works contract, since a works contract is composite, continuous and indivisible, and ascertaining the appointed date or a date of acceptance is next to impossible. Although the other financial benefits vide schemes, subsidy etc can very well availed by the enterprises. Most MSMEs are not wary of this distinction and sign contracts without due diligence. Although the issue is now pending before the Supreme Court, amid this, the Calcutta High Court has passed an interesting order just few days back. The Calcutta High Court in case of NBCC (India) Ltd. v. The State of West Bengal and Ors., has held that objections regarding the non-applicability of the MSMED Act to works contract can be decided in arbitration by MSME Council. The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj upheld the order of the Single Bench whereby the petitioner was referred to arbitration before the MSME Council with a direction that his objection regarding the non-applicability of the MSMED Act as the contract was a works contract would be decided by the Arbitral Tribunal.
Although the Suppliers can take help of this ruling of Calcutta High Court at time of filing of reference before the Facilitation Council and can explore the possibilities of conciliation, yet, it is advised that the MSMEs while entering such works contract must incorporate the provisions of dispute resolution mechanism. Further, the MSMED Act also needs a clarification on the same. The construction activities mostly fall under works contract, yet, the contractors register themselves under MSMED Act under Section F, Division 41 to 43 of the NIC code. But it would not serve its real purpose if they cannot avail the benefit of Procurement Policy or recovery mechanism under the Act as it is a beneficial legislation. The Government while making any decision or giving any clarification cannot ignore the aspect that MSME-registered service enterprises, in specific works contracts are the second largest employers in India. Therefore, it will be interesting to see whether the works contractors can also earn the benefits of MSMED Act in near future.
(The Author is Legal Consultant based in Chandigarh and views are personal.)
One of the very first cases referred to Project Monitoring Group (PMG) by the Prime Minister’s Office was related to an investment of about Rs 2,000 crore that had been made around the Delhi airport to set up an Aero-City that housed a number of hotels. This was not coming to fruition because of certain security concerns expressed by the local police.
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Election Commission declares 253 RUPPs as inactive, bars them from availing benefits of the Symbol Order, 1968
Additional 86 Non-existent RUPPs shall be deleted from the list and benefits under the Symbols Order (1968) withdrawnAction against these 339 (86+253) non-compliant. RUPPs takes the tally to 537 defaulting RUPPs since May 25, 2022
In continuation of the earlier action initiated on May 25, 2022 for enforcing due compliances by Registered Unrecognized Political Parties (RUPPs), the Election Commission of India led by Chief Election Commissioner, Shri Rajiv Kumar and Election Commissioner Shri Anup Chandra Pandey today further delisted 86 non-existent RUPPs and declared additional 253 as ‘Inactive RUPPs’. This action against 339 non-compliant RUPPs takes the tally to 537 defaulting RUPPs since May 25, 2022.
As per statutory requirements under section 29A of the RP Act, every political party has to communicate any change in its name, head office, office bearers, address, PAN to the Commission without delay. 86 RUPPs have been found to be non-existent either after a physical verification carried out by the respective Chief Electoral Officers of concerned States/UTs or based on report of undelivered letters/notices from Postal Authority sent to the registered address of concerned RUPP. It may be recalled that ECI had delisted 87 RUPPs and 111 RUPPs vide orders dated May 25, 2022 and June 20, 2022, thus totalling the number of delisted RUPPs to 284.
This decision against 253 non-compliant RUPPs has been taken based on reports received from Chief Electoral Officers of seven states namely Bihar, Delhi, Karnataka, Maharashtra, Tamil Nadu, Telangana & Uttar Pradesh. These 253 RUPPs have been declared inactive, as they have not responded to the letter/notice delivered to them and have not contested a single election either to the General Assembly of a State or the Parliament Election 2014 & 2019. These RUPPs have failed to comply with statutory requirements for more than 16 compliance steps since 2015 and are continuing to default.
It is also noted that of the above 253 parties, 66 RUPPs actually applied for a common symbol as per para 10B of the Symbol’s Order 1968 and did not contest the respective elections. It is pertinent to note that privilege of a common symbol is given to RUPP based upon an undertaking for putting up at least 5 percent of total candidates with regard to said legislative assembly election of a State. Possibility of such parties occupying the available pre-election political space by taking benefits of admissible entitlements without contesting elections cannot be ruled out.
Coastal clean-up campaign receives a huge response: Dr. Jitendra Singh
The 75-day long ongoing Coastal Clean Up Campaign is receiving a huge response from across the sections of society and besides others, Governors, Chief Ministers, Union Ministers, celebrities, film and sports personalities, civil society groups etc. are joining the campaign with overwhelming enthusiasm and pledging their support to the longest and largest beach cleaning campaign in the world titled “Swachh Sagar, Surakshit Sagar”, coordinated by Union Ministry of Earth Sciences with collaboration from all the other Union Ministries, departments as well as governments of the coastal States.
Addressing a press conference today, three days ahead of “International Coastal Clean-up Day” on 17th September, Union Minister of State (Independent Charge) Science & Technology, Minister of State (Independent Charge) Earth Sciences; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said, he will join the campaign at Juhu beach in Mumbai on 17th September and informed that Governor Maharashtra Bhagat Singh Koshiyari, Deputy Chief Minister of Maharashtra Devendra Fadnavis, BJP MP Poonam Mahajan and several personalities as well as NGOs will also join at Juhu.
The Minister also thanked Prime Minister Narendra Modi for his support through social media. The PM has stressed on keeping India’s coasts clean as he praised efforts of volunteers to remove garbage from the Juhu beach in Mumbai. Responding to a video posted by Union Minister Dr Jitendra Singh about the clean-up at the beach, Modi tweeted, “Commendable… I appreciate all those involved in this effort. India is blessed with a long and beautiful coastline and it is important we focus on keeping our coasts clean”. The Minister said, “A cleanathon was organised at Juhu Beach in Mumbai, saw participation in large numbers especially by youngsters and Civil Society.
Dr Jitendra Singh informed that Union Education Minister Dharmendra Pradhan will take a lead in the clean-up campaign at world famous Puri beach, while Pratap Chandra Sarangi, former union minister will be at Chandipur. BJP MP from Hooghly, West Bengal Ms Locket Chatterjee will be at Digha on D-Day. R.K.Mission head will lead the campaign at Bakkhali in southern Bengal.
Chief Minister of Gujarat Bhupendrabhai Patel will be at Porbandar (Madhavpur), while Union Minister of Fisheries, Animal Husbandry and Dairying Parshottam Khodabhai Rupala will join the clean-up operation at Jafrabad, Amreli.
Governor of Goa P. S. Sreedharan Pillai and Chief Minister Pramod Sawant will take part in beach cleaning campaign in South and North Goa beaches on 17th September.
Similarly, Kerala Governor Arif Mohammad Khan will be at Kochi, while MoS External Affairs V. Muraleedharan will be at Kovalam beach at Thiruvananthapuram.
Governor of Karnataka Thawar Chand Gehlot will join the campaign at Panambur beach in Mangalore, while the Governor of Telangana, Dr. Tamilisai Soundararajan will lend her helping hand at Puducherry beach.
Governor of Mizoram Dr. K. Hari Babu will take part in Vizag beach while L. Murugan, Union MoS, Information and Broadcasting will join the event at Chennai
Dr Jitendra Singh informed that the campaign has entered the mode of whole of Government approach plus whole of nation participation.
Dr Jitendra Singh said, apart from active cooperation of Ministries of Environment, Forest and Climate Change, Jal Shakti, Health and Family Welfare, Fisheries, Animal Husbandry and Dairying, External Affairs, Information and Broadcasting, organisations and associations like National Service Scheme (NSS), Indian Coast Guard, National Disaster Management Authority (NDMA), Seema Jagran Manch, SFD, Paryavaran Sanrakshan Gatividhi (PSG), along with other social organizations and educational institutions are participating in the clean-up campaign.
The MPs of coastal states have also pledged full support to the first-of-its-kind and longest running coastal clean-up campaign in the world and they also advised the Ministry of Earth Sciences to undertake a variety of activities by involving local NGOs.
DASHBOARD TO BE SET UP SOON TO SHARE THE BEST TECH PRACTICES AMONG THE CENTRE & THE STATES: UNION MINISTER JITENDRA SINGH
Union Minister of State (Independent Charge) Science & Technology; Minister of State (Independent Charge) Earth Sciences; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh today announced setting up of a Dashboard to share the best technology practices among the Centre and the States.
Presiding over the concluding session of the two-day “Centre-State Science Conclave” at Science City in Ahmedabad, Dr Jitendra Singh informed that a high level mechanism will be developed by the Department of Science and Technology to monitor and coordinate the follow up action of the conclave. The Minister also asked the States to appoint a Nodal officer in each of the States to coordinate and cooperate with the Special Committee for knowing and sharing the best practices.
Giving the example of heli-borne technology launched from Jodhpur, Rajasthan in October, 2021, Dr Jitendra Singh said, to start with, the States of Rajasthan, Gujarat, Punjab and Haryana were taken up for this latest heli-borne survey.
The Minister pointed out that if the same technology is uploaded on Dashboard, other States may join and share this CSIR technology from source finding to water treatment and thus benefit millions of people across the country.
Dr Jitendra Singh said, it will also positively contribute to Prime Minister Narendra Modi’s “Har Ghar Nal Se Jal” as well as “doubling farmer’s income” goals. He said, the latest state-of-the-art technology is being employed by Council of Scientific & Industrial Research (CSIR) for mapping groundwater sources in arid regions and thus help utilise groundwater for drinking purposes.
The 2-day ‘Centre-State Science Conclave’ was formally inaugurated by Prime Minister Narendra Modi at Science City, Ahmedabad, yesterday. Dr Jitendra Singh expressed satisfaction that important plenary sessions with State S&T Ministers discussed in detail on issues like Agriculture, Innovation for producing portable drinking water including application of technologies like Desalination, Heli borne methods developed by DST, Clean Energy for All including S&T role in Hydrogen mission, Deep Sea Mission of MoES and its relevance for Coastal States/UT, Digital healthcare for All and Synergizing Science with National Education Policy.
A special session with the CEOs of over 100 Start-Ups and industry at the Centre-State Science Conclave’ in Ahmedabad came up with scientific solutions in the field of agriculture, drone, artificial intelligence, biotechnological solutions, single-use plastic alternates, irrigation and digital health amongst others.
Many of the State governments have shown keen interest in some of the technologies and agreed to partner with some of the startups for State-specific technological solutions.
Floods, economic crisis and political bickerings: A saga of Pakistan’s mismanagement & insensitivity
The worst floods in several decades have wreaked havoc in Pakistan, one of the most populous countries of South Asia. The floods have touched the country’s 220 million people’s lives directly or indirectly. More than 1,300 people have died with 81 out of 160 districts directly affected by the floods, leaving at least 33 million people homeless.
The heat waves followed by rains and glacial melting has been a global trend this year bringing out the stark reality that despite all talks and conventions, the world community has failed to contain and reverse climatic change. But Pakistan’s case is unique.
Beyond the human losses, the country’s economic managers have the most challenging task ahead as floods ravaged the country’s road and communication network, damaged an incalculable number of houses, and destroyed millions of hectares of crops.
Niaz Murtaza, a political economist, describes present crisis as “a triple whammy”, putting together economic, political and natural. “The poor had been suffering the first two months because of inflation, job loss and political paralysis. Now the floods have pushed millions into ruin,” he said.
Despite this, the political masters are not only busy in bickering and allegations against each other, but have also triggered a blame game on social media as usual, pointing fingers on India for the flood havoc. The bombardment of propaganda, nevertheless, cannot change the reality that Pakistan government and its institutions have utterly failed in fulfilling their duties towards its citizens.
Ludicrous as it is, it cannot absolve the leadership of Pakistan that has failed people in terms of economic mismanagement, entrenched corruption and naked cronyism in the system. Added to these are the wrong policies and priorities of Islamabad which have been instrumental in bringing economic crisis and political instability. The floods have only abetted it.
The natural disaster has struck Pakistan while economy is passing through the difficult phase of multiple challenges including Balance of Payment (BoP) crisis, heavy debt burden and solvency-related issues. The protracted economic crisis is likely to deepen further despite conclusion of talks with the IMF for release of Extended Fund Facility credit.
While Finance Minister Miftah Ismail estimates that the country has incurred a total loss of “at least $10 billion”, independent analysts, including Uzar Younus, Director of the Pakistan Initiative at the Atlantic Council’s South Asia centre and economist Ammar Habib Khan, put the figure between $15-20 billion, and expect it to rise further as information is coming with a great lag.
Existing infrastructure is collapsing with the flooding submerging one-third of the country, pushing 37 per cent of population into poverty. Pakistan is literally and figuratively under deep water, writes Nasir Jamal. It may take a few more months before the damages can be assessed. Even before the flooding, 60 per cent of the population was suffering from hunger, malnutrition and related diseases and the figures are bound to shoot up now.
In view of the mammoth loss, the IMF’s $1.2 billion credit now seems to be a peanut. Pakistan was earlier wounded and now it is bleeding. Floods will exacerbate the economic crisis that had shown initial signs of abating with the IMF deal. Twin deficits, growth prospects and inflationary expectations will be worsening, inflicting misery on the poor. Despite increasing gravity of the situation, saving people’s life and livelihood have not still become the priorities among the political class who are revealing in an ugly slugfest.
The real cost of the natural calamity is being borne by millions of poor kids, pregnant women, elderly and sick persons crowded under the open sky or tents, prone to hunger, diseases and insecurity as they wait for aid. It will be weeks before many can even return to their villages as the land drains and dries. It will take months, even years, to recover from the loss of housing, animals, crops and cultivable land.
Covid-19 had only disrupted economic exchange without damaging the economic base. But the flood has destroyed crops, land, animals, bridges, etc. negatively impacting deeper on the poor and the economy. And the insensitive political class in Pakistan is still deeply engrossed in political maneuver and cunning tricks against each other rather than presenting a united face at the time of calamity. That is the character of Pakistan’s politics.
In view of the contribution of agriculture to the extent of one fourth of the GDP, the country would have to face major revenue loss due to crop losses. As per the UN Food and Agriculture Organization’s August 29 report, almost 80 per cent of crops in Sindh, which produces roughly 30% of Pakistan’s cotton output, were destroyed.
Close to 70 per cent of Pakistan’s textile industry, an important source of employment and foreign exchange, uses the cotton produced in the country. Floods are likely to cause severe shortage of cotton, said Abdul Rahim Nasir, Chairman of the All Pakistan Textile Mills Association. He added that instead of earlier average import of cotton estimated at about 4 million bales, Pakistan would now need to import just the double of that figure, at a potential cost of $3 billion.
Shahrukh Wani, an Oxford economist, says the flood will make it terribly difficult for the government to reduce the trade deficit because while the country will need to import food to “compensate” for lost crops, the textile sector will find itself struggling due to “potential shortage” of cotton crop.
The biting inflation which rose to 25% in the month of July from a year earlier, the highest since May 1975, is taking its own toll on the living conditions of masses. The flooding would further push up the inflation and accentuate the scarcity of even essentials.
Amreen Soorani, Head of Research at JS Global Capital Ltd, said that “the main concern from the floods is the impact on inflation”. Even the IMF warned that the runaway inflation could trigger protests and instability.
Islamabad secured funds from the IMF for immediate bailout of the economy from the saturating forex crisis. However, the problems would be far from over for Islamabad. As the advanced countries are focused more on the impact of Ukraine-Russia war and trying to cope with recessionary pressures while some of the development partners including Middle Eastern countries and China are down with donor fatigue, Islamabad has scant probability to get any major international relief.
For now, the immediate challenge that government will face is to fulfil the conditions of raising taxes and applying austerity measures as part of its agreement with the IMF for its bailout package. This might turn out a politically unpopular move and could flare up the political bickering. The condition is rife for mass protests in view of increasing cost of living for many months now, which opposition could take advantage of. Anger is rising across Pakistan over the slow pace of government relief efforts.
The catastrophic floods have put a downward pressure on growth prospectus. Initial estimates suggest that the economic growth rate may slow down to just 2 per cent. Prime Minister Shehbaz Sharif has said that the recent floods caused more damage than the 2010 calamity wherein the economic losses had been estimated at $9.7 billion. The floods have already caused supply chain-related issues.
Even during natural calamity, politicians are concerned about their political agenda rather than allowing international aid agencies to import essential food items from the neighbouring country. Cases after cases of corruption are cropping up, “you reveal mine, I will reveal yours”, an unending slugfest continues.
Instead of fighting the fallout of the devastating natural calamity united, they are engrossed in manoeuvre and cunning tricks and a regressive thought process whether or not to allow aid flow from India. Some of the government top officials have suggested importing essential commodities such as food and medicine from India, while others are still the victim of the old rigidities and anti-India mindset.
India is an undoable reality of being the most potent vehicle of South Asia’s growth vision as it is a responsible regional power and the fastest growing economy of the world, which offers a big market for exports and sourcing imports. Islamabad needs to understand that cooperation with neighbours does not reduce the stature of a calamity hit country.
Separated in 1947, Sikh brother meets sister reunite
The Kartarpur Corridor has once again reunited another family after a man who separated from his parents when he was only a few months old in 1947, finally met his sister in Pakistan.
Amarjit Singh was left out in India along with his sister while his Muslim parents came to Pakistan. All eyes went teary as they saw the emotional scenes of the brother-sister reunion in Gurdwara Darbar Sahib Kartarpur, Geo News reported.
Amarjit Singh arrived in Pakistan via the Wagah border with a visa to meet his Muslim sister and to remain as her guest.
His sister, 65-year-old Kulsoom Akhtar, could not control her emotions after seeing Amarjit.
Both hugged each other and kept crying. She had travelled from her hometown in Faisalabad along with her son Shahzad Ahmed and other family members to meet her brother.
Kulsoom said that her parents came to Pakistan from the suburbs of the Jalandhar region of India in 1947, leaving behind her younger brother and a sister, Express Tribune reported.
Kulsoom said she was born in Pakistan and used to hear about her lost brother and a sister from her mother. She said that her mother used to cry every time whenever she remembered her missing children. Kulsoom said that she did not expect that she would ever be able to meet her brother and sister. However, a few years ago, a friend of her father Sardar Dara Singh came to Pakistan from India.
Kulsoom’s mother told Singh about her son and daughter she left behind in India. She also told him the name of their village and the location of their house in the neighbouring country.
Amarjit then visited her house in Padawan village of Jalandhar and informed her that her son was alive but her daughter was dead. Her son was named Amarjit Singh who was adopted by a Sikh family back then in 1947, The Express Tribune reported.
After getting the brother’s information, Amarjit and Kulsoom Akhtar contacted on WhatsApp and using the Kartarpur Corridor and the meeting between the two siblings became a reality.
Now an elderly man, Sardar Amarjit Singh came to Gurdwara Sahib in a wheelchair. Kulsoom Akhtar also could not travel due to back pain, but she showed courage and reached Kartarpur from Faisalabad along with her son. Both the siblings kept crying while embracing each other and remembering their parents.
Amarjit said that when he first learned that his real parents were in Pakistan and were Muslims, it was a shock to him. However, he comforted his heart that many families were separated from each other in addition to his own family.
Many Muslim children became Sikhs and many Sikh children became Muslims, Express Tribune reported.
He said that he always wanted to meet his real sister and brothers. He said that he is happy to know that three of his brothers are alive. However, one brother who was in Germany has passed away.
He said he will now come to Pakistan via the Wagah border with a visa and spend time with his family. He also said that he will take his family to India as well so that they could meet their Sikh family. Both the siblings had brought many gifts for each other.
Shahzad Ahmad, son of Kulsoom, said that he used to hear about his uncle from his grandmother and mother. He said that all of the siblings were very young at the time of Partition and no name was given to Amarjit or perhaps, after so many years, the name had slipped out of mind.
“I understand that since my uncle was brought up by a Sikh family, he happens to be a Sikh, and my family and I have no problem with this,” he added.
Shahzad said that he is happy that even after 75 years his mother has found her lost brother.
22 officers of different cadres to serve in J&K
The Centre has relaxed Department of Personnel and Training (DoPT) deputation rules to encourage IAS and other all-India service officers as well as those of the Central Services get posted in Jammu & Kashmir, in a bid to address the shortage of officers in the Union Territory.
Union Minister of State for Personnel Jitendra Singh said that due to relaxation of DoPT rules, 22 officers belonging to various services and different cadres have been posted in Jammu & Kashmir at various levels at a crucial time.
He said that DoPT has played a major role in facilitating induction of Jammu & Kashmir Administrative Services officers into the IAS by coordinating with UT administration, the Ministry of Home Affairs and the UPSC.
As a result, recently 16 officers from JKAS have been inducted into IAS and another 8 such vacancies will be filled up shortly giving opportunities to the JKAS officers to become part of prestigious IAS service after a long gap of 12 years.
The Minister added that mid-career training of JKAS officers of various seniority was carried out in collaboration with the LBSNAA and this has provided a new level of exposure to the JKAS Officers and more than 200 offices. Some other initiatives by the Ministry include special concessions or incentives to the Central government employees working in the Kashmir Valley in attached and subordinate offices or PSUs falling under control of the Central government.
They have been extended special concessions for a period of 3 years with effect from August 1, 2021 and the incentives include an additional house rent allowance, composite transfer grant, per diem allowance, incentive for period of temporary duty, messing allowance, and facility to draw pension at place of settlement in relaxation of relevant provisions.
Besides, facilities for retention of general pool accommodation available to officers who have served in the Central government has also been extended to officers posted in Jammu & Kashmir on the pattern of northeastern states.
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