Lands and Surveys revamping Bill approved - Kowlessar pilots budget measures legislation Stabroek News December 21, 1999 The National Assembly yesterday unanimously approved the Lands and Surveys Commission Bill 1999 and the Fiscal Enactment (Amendment) Bill 1999. The Lands and Surveys Commission Bill establishes the Lands and Surveys Commission as a semi-autonomous body which would be overseen by a 12-member board appointed by the minister, and of which the Commissioner of Lands and Surveys will also be a member. The legislation provides for leases to be granted for 50 years instead of 25 years as is the present practice. It will also provide for freehold title to be granted after 25 years of beneficial occupation. This, Agriculture Minister Reepu Daman Persaud, said, would allow the use of the title as collateral for loans. The Fiscal Enactment (Amendment) Bill gives legal effect to measures in the 1999 budget and was the first Bill to be piloted by Minister in the Office of the President, Saisnarine Kowlessar, since his appointment last month. The bill provides for, among other things, an increase in the property tax ceiling for small companies from $0.5 million to $1.5 million. It also provides for a new property tax regime for charities. The ceiling has been increased from $5 million to $7.5 million with the rate moving from 0.5 per cent on $7.5 million to 0.75 per cent after the next $5 million. Increased efficiency In moving the Lands and Surveys Commission Bill, Persaud explained that the legislation was inspired by a need to increase the efficiency of the department and for the recruitment and retention of qualified staff. He explained that the Bill provides for the establishment of a board to oversee the function of the commission. It provides, too, for the chairman of the board to be appointed by the minister as well as the Commissioner of Lands and Surveys and the other members of the board. This provision came in for heavy criticism from PNC backbencher, Deborah Backer, who commended to the minister, the approach taken by the Forestry Commission Act and the Geology and Mines Commission Act, both of which were enacted in 1979. She explained that the two pieces of legislation detailed the sort of persons from whom the minister would make appointments to the board. Persaud was persuaded by Backer's comments but was unable to amend the legislation appropriately as Speaker, Derek Jagan SC, pointed out during the committee stage of the Bill, that amendments had to be submitted in writing. Backer had not submitted her proposed amendment in writing. Persaud also stated that the provision would allow the commission to recruit the staff it needed, as the revenue it raised would be used for administrative purposes. The United Force leader, Manzoor Nadir, was not as optimistic. He pointed out that recent exercises in corporatisation had resulted in the establishment of boards which were mainly revenue collectors. He cited the National Frequency Management Unit and the Guyana Water Authority as examples. Nadir exhorted the minister to ensure that the fees charged bore some correlation with the quality of service offered by the commission. 'Godlike powers' Backer, while expressing support for the concept of incorporating the Lands and Surveys Department, took Persaud to task for glossing over "the godlike powers" given to the minister. She pointed out that in his discretion, Persaud had appointed land selection committees, all of which were packed with PPP/Civic supporters without reference to qualifications or experience. In responding, Persaud said that the agencies with which the commission would have to collaborate would be represented on its board. Thakechand Ramnauth, another PNC backbencher, also criticised the power vested in the minister. He stressed the need for an autonomous, apolitical body, which would work closely with the Central Housing and Planning Authority and the ministries of Housing and Agriculture. Persaud's response to this was to note that in fact, the powers he had were now to be vested in the commission. The Alliance for Guyana parliamentarian, Dr Rupert Roopnaraine, though supporting the Bill in principle, had serious concerns about some of its anachronistic features, which conformed to the old order of governance and made no reference to the social partners. He, too, was concerned about the powers vested in the minister, pointing out that while he had no problem with the present incumbent, legislation must be made to cater for governments which the legislature did not know. Dr Roopnaraine welcomed the provision which required the Auditor General to audit the commission's books. However, all but one of the amendments he proposed, which he said was done in the spirit of enhancing the powers of the National Assembly, were rejected. Persaud explained that most of the amendments related to the clauses dealing with the functions of the commission and the amendments would mean that the commission would be responsible for monitoring itself. The amendment accepted by Persaud related to the delegation of the powers of the commission and set out in detail to whom and by whom the delegated powers should be exercised. Special incentives Kowlessar had a relatively easy time piloting the Fiscal Enactment (Amendment) Bill. He explained that the legislation, among other things, sought to add ceramics and sanitary napkins to the list of products which would enjoy special incentives. He said that the intention of the Bill was to spur private investment so as to stimulate economic growth. Winston Murray, the PNC's finance spokesperson, supported the inclusion of the two products in the schedule of products for tax incentives but bemoaned the government's belief that it could deal with the matter on a case-by-case basis. He repeated a suggestion made at the time of the budget debate that the government should draw up a comprehensive list of products that could benefit from the legislation. This, he said, would allow the investor to know in advance what concessions are available in what areas. Murray said too that although a product was included in the schedule, the minister was still required to exercise discretion, and that the discretionary power should be removed from the minister. Kowlessar explained that the minister was not required to exercise discretion. Murray commended the approach taken in the main Bill which provided for the minister to remove from the schedule a manufacturer who infringes the rules governing the concessions granted. He also stressed the need for a framework within which the concessions are to be provided calling for an Investment Code and an Investment Guide. Kowlessar said that he would note the observations made in the various presentations. Nadir also supported the Bill and stressed the need for ceilings on property tax which would make sense to large companies. A © page from: Guyana: Land of Six Peoples