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SHRI BIKRAM DEO KESHARI : Mr. Speaker, Sir, I would like to quote Rule 275 ... (Interruptions)
MR. SPEAKER: What is your submission?
... (Interruptions)
SHRI BIKRAM DEO KESHARI : Mr. Speaker, Sir, my submission is that I would like to quote Rule 275 of the Rules of Procedure and Conduct of Business in Lok Sabha.
Sir, the hon. Member, Shri Chandra Shekhar says that the Law Commission's Report has not been placed and the Law Commission should have been referred to before the Bill was considered. ... (Interruptions)
MR. SPEAKER: Shri Raghuvansh Prasad Singh, you are forgetting that you are a member in the Panel of Chairmen. Please understand.
... (Interruptions)
MR. SPEAKER: Please take your seat.
... (Interruptions)
SHRI SIKANDER BAKHT: Sir, please give me time. Please ask them to sit down. ... (Interruptions)
SHRI BIKRAM DEO KESHARI : Sir, it is not mandatory on the part of the House to consult the Law Commission because Rule 275 of the Rules of Procedure and Conduct of Business in Lok Sabha clearly says:
"(1) A Committee may direct that the whole or a part of the evidence or a summary thereof may be laid on the Table.
(2) No part of the evidence, oral or written, report or proceedings of the Committee which has not been laid on the Table shall be open to inspection by any one except under the authority of the Speaker."
Therefore, Sir, as the Law Commission has suggested amendments, another Bill could be brought in future; the amendments could be brought and the Bill could be rectified. ... (Interruptions)
MR. SPEAKER: Now, the Minister will reply.
... (Interruptions)
SHRI SIKANDER BAKHT: Sir, the day I received a copy of this letter ... (Interruptions)
SHRI RAJESH PILOT : It is a report ... (Interruptions)
SHRI SIKANDER BAKHT: Just a minute. I received a letter from the Prime Minister along with a copy of the report sent to him probably directly by the Law Commissioner. Anyway, the day I received it, I responded to it and I not only wrote to the Prime Minister but also to the Chairman of the Law Commission on the 9th of March. I can read out the letter that I wrote to him, if you like. Shall I do it, Sir? ... (Interruptions)
I quote:
"I have received a copy of the 167th report of the Law Commission of India on the Patents (Amendment) Bill, 1998, which has been examined in my Ministry. While we will also consult the Ministry of Law on the recommendations made by the Law Commission, I enclose a note providing our response on the recommendations made in the report.
I totally share the concerns raised in the report regarding the protection of bio-diversity and the need to check exploitation of our national resources and I agree that it is imperative to ensure that due emphasis is given to health care and that medicines are made available to the public on reasonable terms.
I may, however, mention that the Patents (Amendment) Bill, 1998 does not principally deal with these aspects at all. As it has the limited objective of complying with our obligations under article 70... (Interruptions)
SOME HON. MEMBERS: `No' ... (Interruptions)
MR. SPEAKER: Let him complete.
... (Interruptions)
SHRI SIKANDER BAKHT: This is my letter. Please do not say `no' ... (Interruptions)
MR. SPEAKER: Why are you obstructing the Minister?
... (Interruptions)
SHRI SIKANDER BAKHT: This is my letter. Therefore, please listen to that ... (Interruptions)
MR. SPEAKER: Why are you obstructing the Minister?
... (Interruptions)
SHRI SIKANDER BAKHT: Sir, I do not have to say anything more. ... (Interruptions)
MR. SPEAKER: Let him complete. Why are you obstructing the Minister?
... (Interruptions)
SHRI SIKANDER BAKHT: I think, they are not even allowing me to complete it ... (Interruptions)
MR. SPEAKER: This is not a good procedure. Let him complete. Why is this running commentary?
... (Interruptions)
SHRI SIKANDER BAKHT: I quote:
"The issues raised in the report regarding bio-diversity, etc. will be dealt with more appropriately in the legislation being prepared by the Ministry of Environment and Forests and the Ministry of Agriculture on bio-diversity and plant variety production respectively.
The Patents (Amendment) Bill, however, does not contain safeguards to uphold the interests of the public. These safeguards relate to price fixation, compulsory licensing."
So, this is the complete letter and details, which have already been sent.
I have not yet received any response from Justice Reddy.
... (Interruptions)
SHRI CHANDRA SHEKHAR : Just a minute. He has already said that he was just fulfilling the obligation to the WTO. He has no obligation to the country and to the Parliament.
... (Interruptions)
MR. SPEAKER: Hon. Members, please sit down.
SHRI RAJESH PILOT : Sir, this is not right. What the hon. Minister has said is that he has given a context of the correspondence between him and the Prime Minister. The House is discussing the procedure. You are the guardian of the House. You have to safeguard our rights. While discussing WTO here, I have no information from the Law Commission what recommendation has been made.
... (´ªÉ´ÉvÉÉxÉ)
We are not interested in what your Government has decided between the PMO and the Minister concerned.
The hon. Minister could have mentioned this in his speech that Law Commission recommended so and so but the Government has taken decision so and so. The Government is within its right to take a decision but the House should not be kept in dark about the recommendation. That is our point. Our point is what the Government has done, what they have done. Sir, you have to decide that. It is not the Government. You have to take a decision. Your ruling is required why the Government has ignored this.
... (´ªÉ´ÉvÉÉxÉ)
... (Interruptions)
MR. SPEAKER: Hon. Members, please sit down. Shri Basu Deb Acharia, please sit down.
... (Interruptions)
MR. SPEAKER: Please take your seat.
... (Interruptions)
MR. SPEAKER: Shri Raghuvansh Prasad Singh, I am telling you seriously that you are disturbing the House quite frequently. This is not the proper way. This is not good. Please take your seat. You are also in the Panel of Chairman.
... (´ªÉ´ÉvÉÉxÉ)
... (´ªÉ´ÉvÉÉxÉ)
MR. SPEAKER: Nothing will go on record.
(Interruptions)*
MR. SPEAKER: Hon. Members, at this stage, I am not going to give any ruling. We have not yet received any formal information on the matter. I shall look into the matter as demanded by the hon. Members. Now, Shri Surender Singh.
... (Interruptions)
SHRI RAJESH PILOT : What is your ruling?
MR. SPEAKER: I will give my ruling later.
SHRI RAJESH PILOT : Is it under consideration?
MR. SPEAKER: Yes.
... (Interruptions)
MR. SPEAKER: I have gone to the next item.
SHRI S. JAIPAL REDDY (MAHABUBNAGAR): I am prepared to place the report on the Table of the House. Will you permit me? I am prepared to give.
... (Interruptions)
______________________________________________________________________________
*Not Recorded.
MR. SPEAKER: Nothing will go on record.
(Interruptions) *
12.32 hrs.
(Shri Mulayam Singh Yadav and some other hon'ble Members then left the House)
12.32 1/2 hrs.
(Shri raghuvansh Prasad Singh and some other hon'ble Members then left the House)
MR. SPEAKER: I have called Shri Surender Singh.
... (Interruptions)
MR. SPEAKER: This will not go on record.
(Interruptions)*
... (´ªÉ´ÉvÉÉxÉ)
... (´ªÉ´ÉvÉÉxÉ)
_____________________________________________________________________________ *Not Recorded.
SHRI BASU DEB ACHARIA : Sir, the action of the Minister and the Government is tantamount to insulting this House. The House has been kept in dark. We did not get the opportunity to discuss the report. We have been deprived of this and it is a violation.
And it is a breach of privilege of the Members of this House. As a protest we are walking out.
12.35 hrs
(At this stage, Shri Basu Deb Acharia and some other
hon. Members left the House.)
_______