MR. SPEAKER: Shri Basu Deb Acharia, are you withdrawing your Statutory Resolution?
SHRI BASU DEB ACHARIA: How can I withdraw it unless the hon. Minister accepts the simple amendment of Shri Radhakrishnan and my suggestion to refer the Bill to the Standing Committee? I am not withdrawing my Statutory Resolution.
MR. SPEAKER: The question is:
"That this House disapproves of the Electricity Regulatory Commissions Ordinance, 1998 (No.14 of 1998) promulgated by the President on 25 April, 1998."
The motion was negatived.
--------
MR. SPEAKER: Shri Varkala Radhakrishnan, are you withdrawing your amendment No.4 to the Motion for consideration?
... (Interruptions)
SHRI BASU DEB ACHARIA : He has not spoken on his amendment.
SHRI P.R. KUMARAMANGALAM: I am sorry, there is no procedure which says that he has to speak on his amendment.
SHRI BASU DEB ACHARIA : But he has not spoken on it.
SHRI P.R. KUMARAMANGALAM: He has already spoken.
MR. SPEAKER : Are you withdrawing your amendment No.4?
SHRI VARKALA RADHAKRISHNAN (CHIRAYINKIL): No. I am pressing my amendment.
MR. SPEAKER: Now, I shall put amendment No.4 moved by Shri Varkala Radhakrishnan to the vote of the House.
The question is:
"That the Bill be circulated for the purpose of eliciting opinion thereon by the 15th September, 1998." (4)
The motion was negatived.
MR. SPEAKER: The question is:
"That the Bill to provide for the establishment of a Central Electricity Regulatory Commission and State Electricity Regulatory Commissions, rationalization of electricity tariff, transparent policies regarding subsidies, promotion of efficient and environmentally benign policies and for matters connected therewith or incidental thereto, be taken into consideration."
The motion was adopted.
MR. SPEAKER: The House shall now take up clause-by-clause consideration of the Bill.
The question is:
"That clause 2 stand part of the Bill."
The motion was adopted.
Clause 2 was added to the Bill.
Clause 3
MR. SPEAKER: Shri Radhakrishnan, do you move your amendment No.5?
SHRI VARKALA RADHAKRISHNAN : Sir, I may be allowed to speak a few words.
MR. SPEAKER : At this stage, you cannot speak. Do you want to move your amendment or withdraw it?
SHRI VARKALA RADHAKRISHNAN : I move my amendment No.5.
I beg to move:
Page 3,-
after line 11, insert-
"(c) the Chairperson of the State Electricity Commission shall be the Member, ex-officio." (5)
MR. SPEAKER: I shall put amendment No.5 moved by Shri Varkala Radhakrishnan to the vote of the House.
The amendment was put and negatived.
SHRI VARKALA RADHAKRISHNAN : Sir, I wanted to speak something on this amendment.
MR. SPEAKER: This is not allowed in the procedure. How can you speak at this stage? The amendment has already been negatived.
... (Interruptions)
SHRI P.R. KUMARAMANGALAM: You have no right to speak on it now.
MR. SPEAKER : Please be seated.
... (Interruptions)
MR. SPEAKER: No, this is not the procedure. It has already been negatived.
... (Interruptions)
MR. SPEAKER: The question is:
"That clause 3 stand part of the Bill".
The motion was adopted.
Clause 3 was added to the Bill.
Clauses 4 to 12 were added to the Bill.
Clause 13
MR. SPEAKER: There is an amendment to Clause 13. Shri Varkala Radhakrishnan, are you moving your amendment?
SHRI VARKALA RADHAKRISHNAN (CHIRAYINKIL): I beg to move:
Page 7, line 2,-
after "clause (a),"
insert "with the concurrence of the concerned States," (6)
MR. SPEAKER: Now, I put amendment No.6 moved by Shri Varkala Radhakrishnan to vote.
The amendment was put and negatived.
MR. SPEAKER: The question is:
"That clause 13 stand part of the Bill".
The motion was adopted.
Clause 13 was added to the Bill.
Clauses 14 to 16 were added to the Bill.
Clause 17
Amendment made:
Page 8,-
for lines 3 to 6
substitute--
"17. (1) The State Government may, if it deems fit, by
notification in the Official Gazette, establish, for the
purposes of this Act, a Commission for the State to be
known as the
-------------------------------------------------------------
(name of the state) Electricity Regulatory Commission.". (1)
(Shri P.R. Kumaramangalam)
MR. SPEAKER: The question is:
"That clause 17, as amended, stand part of the Bill".
The motion was adopted.
Clause 17, as amended, was added to the Bill.
Clauses 18 to 28 were added to the Bill.
Clause 29
Amendment made:
Page 13,--
for lines 26 to 47
substitute--
"(3) The State Commission, while determining the tariff under this Act, shall not show undue preference to any consumer of electricity, but may differentiate according to the consumer's load factor, power factor, total consumption of energy during any specified period or the ime at which the supply is required or the geographical position of any area, the nature of supply nd the purpose for which the supply is required.
(4) The holder of each licence and other persons including the Board or its successor body authorised to transmit, sell, distribute or supply electricity wholesale, bulk or retail, in the State shall observe the methodologies and procedures specified by the State Commission from time to time in calculating the expected revenue from charges which he is permitted to recover and in determining tariffs to collect those revenues.
(5) If the State Government requires the grant of any subsidy to any consumer or class of consumers in the tariff determined by the State Commission under this section, the State Government shall pay the amount to compensate the person affected by the grant of subsidy in the manner the State Commission may direct, as a condition for the licensee or any other person concerned to implement the subsidy provided for by the State Government". (2)
(Shri P.R. Kumaramangalam)
MR. SPEAKER: The question is:
"That clause 29, as amended, stand part of the Bill".
The motion was adopted.
Clause 29, as amended, was added to the Bill.
Clauses 30 to 36 were added to the Bill.
Clause 37
MR. SPEAKER: There is an amendment to Clause 37. Shri Varkala Radhakrishnan, are you moving your amendment?
SHRI VARKALA RADHAKRISHNAN : I beg to move:
Page 15, line 17,-
add at the end-
"and there shall be adequate provision for information
regarding action taken under this Act". (7)
MR. SPEAKER: Now, I put amendment no. 7 moved by Shri Varkala Radhakrishnan to vote.
The amendment was put and negatived.
MR. SPEAKER: The question is:
"That clause 37 stand part of the Bill"
The motion was adopted.
Clause 37 was added to the Bill.
Clauses 38 to 50 were added to the Bill.
Clause 51
Amendment made:
Page 17,--
after line 16, insert--
"Provided that different dates may be appointed
for different States." (3)
(Shri P R Kumaramangalam)
MR. SPEAKER: The question is:
"That clause 51, as amended, stand part of the Bill."
The motion was adopted.
Clause 51, as amended, was added to the Bill.
Clause 52 to 61 were added to the Bill
The motion was adopted.
Mr. Speaker: The question is :
" That clause 1, Enacting Formula and Long
tille stand part of the Bill"
The motion was adopted.
Clause 1, Enacting Formula and Tille weres added to the Bill"
SHRI P.R. KUMARAMANGALAM : Sir, I beg to move :
" That the Bill, as amended be passed"
MR. SPEAKER : The question is :
" That the Bill, as amended, be passed"
The motion was adopted
_______
MR. SPEAKER: Now, the House shall take up item nos. 26 and 27.
... (Interruptions)
SHRI BASU DEB ACHARIA : Sir, please adjourn the House now. We shall take it up tomorrow. ... (Interruptions)
SHRI K. BAPIRAJU (NARSAPUR): Kindly do not impose it now, Sir. ... (Interruptions)
SHRI P.R. KUMARAMANGALAM: Sir, it was decided that those Bills would be passed without discussion. They are PF and Gratuity Bills. ... (Interruptions)
MR. SPEAKER: Shri Basu Deb Acharia, please understand it. These are all small and non-controversial Bills. We can pass them without discussion.
... (Interruptions)
SHRI K. BAPIRAJU : Please do not say whether it is small or big. Everything is important. ... (Interruptions)
MR. SPEAKER: Shri Basu Deb Acharia, you can move the Statutory Resolution.
... (Interruptions)
SHRI BASU DEB ACHARIA : Sir, we can take it up tomorrow and not today. ... (Interruptions)
MR. SPEAKER: It is a small Resolution. ... (Interruptions)
THE MINISTER OF HOME AFFAIRS (SHRI L.K. ADVANI): Sir, in the morning, it was pointed out that these are Ordinances that had been issued by the earlier Government. The only new Ordinance was the one that we have just now passed. Otherwise, the other Bills are all to replace the earlier Ordinances. Therefore, it was agreed, by and large, that we would pass them without discussion. ... (Interruptions)
SHRI BASU DEB ACHARIA : No. It cannot be done without disucssion because we have a number of amendments. ... (Interruptions)
SHRI L.K. ADVANI: In that case, we will have less time for the General Budget discussion. ... (Interruptions)
SHRI BASU DEB ACHARIA : We can take it up tomorrow. ... (Interruptions)
MR. SPEAKER: Shri Basu Deb Acharia, you must understand one thing. Tomorrow, we have to take up the discussion on the General Budget which is an important business. Please understand the position.
... (Interruptions)
THE MINISTER OF STATE IN THE MINISTRY OF RAILWAYS, MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS AND MINISTER OF STATE IN THE MINISTRY OF PLANNING AND PROGRAMME IMPLEMENTATION (SHRI RAM NAIK): If we do not do it now, we would not have sufficient time for discussing the General Budget. ... (Interruptions)
MR. SPEAKER : There are only two days are left to discuss this.
... (Interruptions)
SHRI N.K. PREMCHANDRAN : So far, you were asking us to pass some Bills without discussion. Now you have started asking us to do the same for the Ordinances also. ... (Interruptions)
MR. SPEAKER : They are all old Ordinances and not new Ordinances.
... (Interruptions)
SHRI RAM NAIK: I would again appeal to all the hon. Members. These are Ordinances which had been issued against the Ordinances issued by the previous Government. ... (Interruptions)
SHRI BASU DEB ACHARIA : We know that. ... (Interruptions)
SHRI RAM NAIK: My point is this. we can pass them tomorrow also, if you are agreeing for passing them without discussion. ... (Interruptions)
SHRI N.K. PREMCHANDRAN : No. Please do not say so. ... (Interruptions)
SHRI RAM NAIK: Then there would be less time for discussing the General Budget. ... (Interruptions)
SHRI BASU DEB ACHARIA : Kindly do not insist on that today because the House is to adjourn at 9 o 'clock. ... (Interruptions)
SHRI RAM NAIK: We have another ten minutes within which we can pass them. ... (Interruptions)
SHRI BASU DEB ACHARIA : It cannot be done in ten minutes. ... (Interruptions)
SHRI RAM NAIK: We thought that you would cooperate. ... (Interruptions)
SHRI BASU DEB ACHARIA : Please take the Opposition into confidence at least for a while. ... (Interruptions)
... (Interruptions)
SHRI AJOY MUKHOPADHYAY (KRISHNAGAR): This is not fair...(interruptions)
interruptions)
SHRI VARKALA RADHAKRISHNAN : When an important legislation is there, we have got the right to speak on it...(interruptions)
MR. SPEAKER: We have to begin the discussion on the General Budget tomorrow.
SHRI BASU DEB ACHARIA : These items can be completed by lunch break.
PROF. P.J. KURIEN (MAVELIKARA): In the BAC, it had been decided that the House will sit upto 9 p.m. and the decision was also that we will pass these Bills. Now, the Electricity Regulatory Commission Bill has taken more time. As the hon. Home Minister and also the Minister of Parliamentary Affairs have said, my suggestion is that these Bills may be passed. It is because ordinances had been promulgated. Instead of insisting to pass them without discussion, we may have a short discussion and pass one more Bill today. It is important to pass the Payment of Gratuity Bill because it is to increase the ceiling of gratuity from Rs.1 lakh to Rs.4 lakhs. I would suggest that we should take up this Bill and pass this Bill today and tomorrow, we may take about one hour or so and pass the other two Bills also. This is a via media because they also want to make some points on them.
SHRI BASU DEB ACHARIA : It has been decided in the BAC that the House should adjourn at 9 p.m. Now, only six to seven minutes are left. I would take ten minutes to speak and then Shri Mukhopadhyay will speak for another ten minutes.
MR. SPEAKER: Shri Acharia, please cooperate.
MAJOR GENERAL BHUVAN CHANDRA KHANDURI, AVSM (GARHWAL): It was accepted that we should pass these two Bills.
SHRI BASU DEB ACHARIA : Shri Khanduri, the decision was taken in the BAC that the House may sit upto 9 p.m....(interruptions)
MR. SPEAKER: Shri Acharia, you are always seeing the clock and not the Chair.
SHRI BASU DEB ACHARIA : If the House is to adjourn by 9 o'clock, I will not be able to finish my speech within five minutes. I have many points with me.
MR. SPEAKER: You may first move the Statutory Resolution.
SHRI BASU DEB ACHARIA : I will move and I will speak. But the House should adjour at 9 o'clock as per the decision of the BAC. You may not worry because we also want that these two Bills concerning the working class should be passed...(interruptions)
SHRI RAM NAIK: We had a gentleman's agreement. If you do not want to observe it, then it is okay. We do not mind it.
MR. SPEAKER: Shri Acharia, please cooperate.
SHRI BASU DEB ACHARIA : But the House should sit upto 9 p.m.
SHRI RAM NAIK: Why upto 9 p.m.? You may take it up tomorrow...(interruptions)
MR. SPEAKER: He is moving Statutory Resolution listed at item No.26.
... (Interruptions)
SHRI BASU DEB ACHARIA : Do you want to change the order?
MR. SPEAKER: No, we have to go according to the serial number given in the Order Paper.
SHRI RAM NAIK: We are not agreeing to change the order of items....(interruptions)