Not for Publication For Members only

LOK SABHA ___

SYNOPSIS OF DEBATES (Proceedings other than Questions & Answers) ______

Monday, March 22, 2021 / Chaitra 1, 1943 (Saka) ______

OBITUARY REFERENCES HON'BLE CHAIRMAN: Hon'ble Members, with profound grief, I have to inform the House about the passing away of two of our former colleagues, Shri Mohanbhai Patel and Shri Dilipkumar Mansukhlal Gandhi. Shri Mohanbhai Patel was a member of the 7th and 8th Lok Sabhas representing the Junagadh Parliamentary Constituency of Gujarat. Shri Patel was a member of the Committee on Government Assurances. Shri Mohanbhai Patel passed away on 5 March 2021 in Junagadh at the age of 88 years. Shri Dilipkumar Mansukhlal Gandhi was a member of the 13th, 15th and 16th Lok Sabhas representing the Ahmednagar Parliamentary Constituency of Maharashtra. Shri Gandhi also served as Union Minister of State in the Ministry of Shipping, Government of during the period from 2003 to 2004. An able parliamentarian, Shri Shri Dilipkumar Mansukhlal Gandhi was the Chairperson of the Committee on Subordinate Legislation and a member of various parliamentary committees. Shri Dilipkumar Mansukhlal Gandhi passed away on 17 March 2021 in Gurugram at the age of 69 years. We deeply mourn the loss of our former colleagues and I am sure the House would join me in conveying our condolences to his bereaved families. The Members, then, stood in silence for a while. ______

THE INSURANCE (AMENDMENT) BILL, 2021 (As passed by Rajya Sabha) THE MINISTER OF FINANCE AND MINISTER OF CORPORATE AFFAIRS (SHRIMATI NIRMALA SITHARAMAN): moved that the Bill further to amend the Insurance Act, 1938, as passed by Rajya Sabha, be taken into consideration. Insurance sector requires long-term capital. Foreign investments up to 26 per cent was allowed in the year 2000. In 2015, this limit was raised to 49 per cent which resulted in FDI inflows of over Rs. 26,000 crore into this country in the insurance sector. Now, asset under management under the insurance sector saw a 76 per cent hike in five years. The change in 2015 of raising the FDI limit from 26 per cent to 49 per cent itself has brought in such a drastic change. The insurance company's situation today is that they are facing severe liquidity pressures, capital constraints and solvency-related issues also. If growth capital is very hard to come by, then there will be a stress situation and in order that the stress is not left unattended, we need to raise the FDI limit. This has been recommended by the regulator. Further, the pandemic has caused a certain stress of liquidity for them. Since, the Central Government and the State Governments and also the private corporates are borrowing there will be a lot of pressure on the debt market also. So, it is necessary for us to open FDI. I would not get into greater detail at this stage. So, I would like to have this Bill taken up for consideration. SHRI MANISH TEWARI initiating said: This is a small Bill but it has large implications. The insurance sector in India today is worth Rs. 7.63 lakh crore, according to the Insurance Regulatory Development Authority (IRDA). Every successive government from 1991 has not diverted from that basic premise that India needs to integrate its economy with the global economy. Today the question is not what to open up, but how much to open up and which sector to open up. I want to make it clear that our opposition is not to the liberalisation of the Indian economy but to certain sectors because of the kind of strategic consequences they have for 138 crore people. We are opposing raising the FDI limit from 49 per cent to 74 per cent because of the situation in 2008. India came out of the global crisis in 2008 unscathed primarily because our insurance sector, our banking sector was substantially nationalised and we had a powerful public sector in this country. The difficulty today is that India's economy is in a crisis. This is not something which happened due to Covid-19. The process commenced with demonetisation in 2016. It got exacerbated by the ill-conceived or tardy implementation of the Goods and Services Act and, by giving a bailout of Rs. 1,45,000 crore to the corporate sector of India which did not result in the economy coming out of its sluggish trajectory and picking up. To revive our economy correct policy measures need to be applied which unfortunately have been missing over the past couple of years. We also do feel that liberalising FDI limits in the insurance sector is going to go against the rights of millions and millions of small insurance holders. I would humbly request the Finance Minister to reconsider the Government's decision to hike foreign direct investment in the insurance sector and we completely oppose the current legislation which has been brought by the Government. SHRI : The penetration of insurance in our population is only 3.76 per cent in the year 2019. This average was just 3.3 per cent in the year 2014. In 2015, our Government increased the FDI limit from 26 per cent to 49 per cent due to which Rs.26,000 crore were received in the insurance sector through FDI. Even today, Rs.15,000 crore are needed. Today, the global average is 7.23 per cent. We are lagging far behind in this. If we are making amendments for increasing the FDI from 49 to 74 per cent then we will also provide safeguards to each person in India that the company making investment will have the majority of its Board of Directors and other Management officers from resident Indians. This is definitely in the interest of India. This is in the interest of the future success or growth story of the country. This Bill will secure investments made by the people of the country. The per capita premium in the world is 780 dollars while in India it is just one- tenth of that. We want to provide coverage to maximum people of India through this. Our Government and the hon. Prime Minister have converted the challenges into opportunities which is an example for the entire world. According to the report of March, 2020 the increase from 26 to 49 per cent had resulted in increased investment in India and today when it will become 74 per cent then definitely it will bring huge capital investment in India which will provide additional capital support to the domestic sector of the country. It will also bring in better technical know-how, innovations, and new products to the advantage of the consumers. Our Government is very confident that the increase in FDI will make the insurance sector more competitive, transparent, and efficient and ultimately, this will improve business prospects and lead to greater employment generation in the country. This is in the interest of the 130-crore people of India. SHRI MAGUNTA SREENIVASULU REDDY: The FDI in the insurance sector was 26 per cent for a very long time and later it was increased to 49 per cent and now the Government proposes to increase it to 74 per cent. Now, this increase in FDI to 74 per cent would offer big companies not only an opportunity to invest but also it would be an advantage for them. However, the coverage of people under life insurance is also expected to increase now. Our country has a population of 130 crores, but unfortunately, the people covered under life insurance is only 3.76 per cent. So, this coverage must be increased and the premium for taking policies must be reduced. India is presently the 10th largest life insurance market globally along with being 15th large non-life insurance market globally. We still have a long way to go as in comparison with the industry in India and in other countries. So, the penetration in India must be increased also. The rural-urban digital divide also aggravates the given problem, leading to lack of desired growth in the sector. The consumer will also be benefitted from this Bill. It will boost competition, enable consolidation, and increase insurance penetration in India. SHRI SUNIL KUMAR PINTU: In the year 2000, FDI in the insurance sector was increased from 26 percent to 49 percent. Now the proposal to increase it to 74 percent has been brought to this House. Insurance penetration is much less in our country than in other countries. With FDI coming, now the foreign companies, including the indigenous companies also, take very little time in the insurance settlement. I would like to ask the government to reduce the GST slab in the insurance sector from 18 percent to5 percent. Because it is not a luxury good instead a person insures his life and his valuables. After the arrival of FDI in today’s situation, especially after the Covid-19, unemployment has increased in the country. We can provide those youngsters with good employment in insurance sector. In all, this Bill has been brought in to provide insurance cover to a large number of people and to provide them employment, and facilitate foreign investment. SHRI SHYAM SINGH YADAV:I strongly oppose this Bill. The Bill has been brought in to increase foreign investment in Indian insurance companies from the present 49% to 74% and to control with foreign ownership rights and safeguards. But I have to say that no safeguards have been provided in this Bill. Rather, it is likely to induce hijacking of Indian insurance companies by the large foreign companies. So, my point is that Indian insurance companies should be given an opportunity. Only then, we can increase the insurance penetration and increasing FDI in the name of penetration and level of competition, is very detrimental to the country. SHRIMATI SUPRIYA SADANAND SULE: This Government is full of contradiction and this is a Bill which was initially brought in by UPA. At that time your party had vociferously spoken against this Bill. So, I would just like to ask what has changed your mind? I just want to ask two or three questions because I am not completely against the Bill because I understand in what reason you are bringing it. Firstly, what about this whole programme of Aatma Nirbhar Bharat? It, makes your Aatma Nirbhar Bharat Programme week. This Government is privatising everything; we are not against privatisation. But what I have read is that the sectors like Telecom, Road, Power, Youth, Civil Aviation, Petroleum and Shipping and Ports are being monetized. We should think that whenever we have monetized things, have we managed to get enough money back. So, can this Government tell this nation that how is it really going to help our economy which needs the biggest push? Today, even jobs are very less, and NPAs are maximum in education sector. So, the Government should clarify the situation. DR. S.T. HASAN: LIC is a profit-making institution in the country. Through this Bill, the government has decided to increase FDI in the insurance sector. But with FDI, the government has also given ownership rights to the foreign companies. The Government should check the history of the FDI-making companies that are given permission? Similarly, LIC employees are very distressed at the moment. So, I would like to ask the government about the provisions to safeguard their interest? SHRI B.B. PATIL: In the current Budget speech, the hon. Finance Minister proposed to increase the permissible foreign direct investment limit in the insurance companies to 74 per cent from 49 per cent. The Bill proposes to allow foreign ownership and control with safeguards. All this will have no meaning when the ownership goes in the hands of the foreign investors. The public sector insurance companies like the LIC having a market share of 75 per cent and the four general insurance companies having a market share of more than 55 per cent, over a period of time, will fall prey to the private insurance companies owned by foreigners. I would, therefore, urge the Government and the Finance Minister to reconsider the step of raising the FDI limit in the insurance sector to 74 per cent and instead boost the State-owned Government insurance companies by infusing capital and strengthening the solvency issue of these companies to enable them to cater to the insurance needs of the Indian people. I would also like to state that the Government is planning to close the Oriental Insurance Branch located at Kamareddy district in my Parliamentary Constituency of Telangana. With the closure of this Branch, it will be a loss for the Government and it will become very inconvenient for the people living in the nearby villages to visit Nizamabad for making the claims and for the renewal of insurance policies as well as for the workers to discharge their respective duties. I, therefore, request the hon. Minister to kindly put a hold on the closure of the Oriental Insurance Branch in Kamareddy district and give it some time to flourish. SHRI ARVIND SAWANT: I hereby stand to raise some issues pertaining to the insurance sector as well as to oppose the Bill in toto. The increase of FDI from 49 per cent to 74 per cent will give the rights to catch hold of the entire properties of LIC in the hands of the people, who are there in the market. By doing this, the Government is directly handing over this huge section of domestic savings to the foreign capitalists which neither contributes to the infrastructural development nor the socio-economic development of our nation. Thus, the policyholders, the true stake-holders, are put to enormous risk of their funds. Also, the foreign capitals get a vast share of profit earned by the companies and it will be swayed offshore. I do not know how the Government is going to stop all these things because it is the property of the country. Total investments made by the LIC in the Government’s infrastructural development projects like roads, water, power, sewerage, bridges and rail transport systems, etc. stand at around Rs.30 lakh crore. This proposed amendment to the LIC Act is solely aimed to pave the way for disinvestment of LIC of India, which in turn will clear the hurdles of listing the equity capital of LIC to share market by issuing an IPO. I would like to ask the Government whether the Government will continue with providing, even after allowing FDI, the sovereign guarantee or not. Therefore, I will request the Government to protect this company and do not go for disinvestment. SHRI JASBIR SINGH GILL: The Government, through this Bill, is going to enhance the Foreign Direct Investment from 49 per cent to 74 percent in the insurance sector. The Life Insurance Corporation is such a company that has not only provided dividend to the Government but also has created huge assets. Such company should have been protected instead of going for its disinvestment. This Bill should be referred to the Parliamentary Standing Committee for threadbare analysis. Besides, all the stake-holders associated with this Bill should be conferred with. Today, the Government is once again inviting foreign companies to make our country slave which will not be good for us. SHRI GANESH SINGH: I rise to speak in support of the Insurance (Amendment) Bill, 2021 brought in by the hon. Finance Minister. We see a huge difference between the India before 2014 and the India of today in the year 2021. With the Foreign Direct Investment being increased to 74 per cent in the insurance sector will facilitate the availability of all sorts of insurance to everybody in every area at affordable rates. I believe that with the passage of this Bill, the competition will go up in the insurance sector and even the poor will be able to get cheaper insurance policy, new technique will evolve, social security cover will get promoted. Besides, new employment opportunities will be created and the contribution of this sector to the GDP will also get enhanced. I would like to suggest that the insurance companies working in the district to provide crop insurance to the farmers do not have any office in any of the district headquarters. The farmers have to run from pillar to post to get compensation in case of the failure of their crops. Hence, I would like to request that the offices of these insurance companies should be opened in every district headquarter so that farmers may get compensation immediately in case of the failure of crops. SHRI AJAY MISRA TENI: I support the Insurance (Amendment) Bill, 2021 presented by the hon. Minister. It did not augur well when most of the hon. Members were likening FDI with East India Company. In the present scenario, all the countries of the world are taking different measures to attract FDI in their countries. The Government has twin objectives behind bringing this Bill, first to strengthen our economy and second more important one is to make possible the coverage of insurance sector to more and more people of this country. To enhance insurance coverage is our first priority. When investment cap was enhanced from 26 per cent to 49 per cent, then our insurance coverage has increased a little bit. As per a survey, the possibility of FDI investment of rupees one lakh crore during last three years has been increased in our country. This will certainly strengthen our economy and employment opportunities can also be generated in insurance sector. Increase in investment will also be helpful to increase the reach of insurance sector and we will get better services at a low cost. Consumers will be in advantage by increasing competition. I will suggest the Government to bring 100 per cent FDI in insurance sector in future. SHRI RAHUL RAMESH SHEWALE: It is stated that in order to achieve the objective of Government’s foreign direct investment and enhance insurance penetration and social protection, it has been decided to raise the limit of foreign investment in Indian insurance companies from the existing 49 per cent to 74 per cent. The Bill proposes to allow foreign ownership and control with safeguards. The insurance sector will always remain under the threat of foreigners who will capture the entire insurance industry. I would urge the Government and the hon. Finance Minister to reconsider this step of raising the limit to 74 per cent of FDI in insurance sector. SHRIMATI NIRMALA SITHARAMAN replying said: Insurance Bill will open up the sector to receive FDI up to 74 per cent. Insurance is a very highly regulated sector. It is only an upper limit, there is no compulsion that every company will have to take up to 74 per cent. Increasing does not mean the foreign investment will increase automatically. The policy holders’ funds will be invested only within India and that is not going to go out. So, FDI will not only bring capital, it will bring in greater competition and consumer will have more choice. Today, many of the companies are hard pressed to maintain that solvency level. The attention of many of the hon. Members speaking on this Bill has been purely on the public sector undertakings. So, I want to underline this fact that three of the seven public sector insurers are below solvency margin. But they are public undertakings. So, the Government will infuse money and they will be taken care of. The consultations which the IRDAI has done, included 60 insurers, a number of promoters leading industry chambers all of whom suggested that we need to increase it. So, it is only after due consultations that we have come up with this Bill. The recommendations are very strong and that is why we have gone ahead with raising the cap. This is not LIC Bill. This is completely the insurance sector Bill and the amendment is to raise the cap. If you look at the spectrum of insurance and the one is completely life insurance, the other is general insurance which consists of three different categories. There are some which are exclusively dealing with agriculture insurance. There are also companies which are reinsurers. If that is the spread of insurance, it is very important also for us to recognize what impact it has on job creation. The total number of employees and also the agents are 17 lakh in public sector and approximately 24 lakh in private sector. So, we should keep in mind that even those who are working in private sector insurance companies, are growing rapidly because there is an opportunity in this country. FDI limit for insurance intermediaries has been enhanced to hundred per cent in September 2019 itself. So, today we are only talking about the insurance companies and not the intermediaries. We are only strengthening the Indian insurance sector. By increasing the admissible FDI limit from 49 per cent to 74 per cent, the Government is making sure that the private sector is able to raise the resources. Banking, Financial Services and Insurance recognized as a strategic sector. So, the presence of the public sector will continue. The public sector undertakings will continue because we have already recongnised in the policy. Insurance penetration comes down when enough liquidity is not available. Therefore, we have to open up. One hon. Member said was that FDI proposal is to sell LIC. This Bill has nothing to do with LIC. We have made to ensure that the Indian policyholders’ money will be retained in India. Total insurers have increased from 53 to 68 within a span of five years. Listed insurers have also increased. The proposed FDI is only going to help with all the safeguards it has to get more investments and also competition. No such safeguards were there in the Bill between 2008 and 2009. I think I have largely responded to all the hon. Members and I would like to request all the Members to kindly consider this Bill and help us pass it. The Bill was passed. ______

*MATTERS UNDER RULE 377 1. DR. MANOJ RAJORIA laid a statement regarding need to provide adequate funds for Dholpur-Saramthura-Karauli-Gangapur city railway line project. 2. SHRI KAPIL MORESHWAR PATIL laid a statement regarding need for development of road connecting NH-08 (Mumbai-Ahmedabad) with NH-03 (Mumbai-Agra) as National Highways. 3. SHRIMATI JASKAUR MEENA laid a statement regarding need to harness the tourism potential of Dausa Parliamentary Constituency, Rajasthan. 4. SHRI JANARDAN SINGH SIGRIWAL laid a statement regarding need to set an airport in Maharajganj Parliamentary Constituency, Bihar. 5. SHRI GOPAL JEE THAKUR laid a statement regarding need to take necessary measures to address the problem of flood and drought situation in North Bihar. 6. SHRI laid a statement regarding need to ensure benefit of Kisan Samman Nidhi Yojana to all the eligible farmers. 7. SHRI RAMCHARAN BOHRA laid a statement regarding need to sanction scheme for providing piped natural gas in Jaipur city, Rajasthan. 8. SHRI BASANTA KUMAR PANDA laid a statement regarding need to develop Patnagarh-Nuapada-Dhamtari road and Junagarh (Kalahandi district)- Deobhog-Raipur road as National Highways. 9. SHRI MANOJ KOTAK laid a statement regarding need to develop a waterway connecting Thane- Navi Mumbai- Mumbai.

* Laid on the Table as directed by the Chair. 10. SHRI RAVI KISHAN laid a statement regarding need to set up a Agriculture University in Gorakhpur, . 11. SHRI NARANBHAI KACHHADIYA laid a statement regarding need to provide wildlife clearance to railway projects in Amreli Parliamentary Constituency, Gujarat. 12. SHRI JAGDAMBIKA PAL laid a statement regarding agriculture Export Policy 2018. 13. SHRI MUKESH RAJPUT laid a statement regarding need to set up a Potato Board. 14. SHRI ASHOK MAHADEORAO NETE laid a statement regarding need to provide houses to people belonging to SC/ST, backward class and economically weaker sections in Gadchiroli Parliamentary Constituency, Maharashtra. 15. DR. VIRENDRA KUMAR laid a statement regarding need to restart training centre of Sports Authority of India in Tikamgarh Parliamentary Constituency, Madhya Pradesh. 16. SHRI G. S. BASAVARAJ laid a statement regarding inclusion of Kunchitiga community under OBC category in Karnataka. 17. SHRI JASBIR SINGH GILL laid a statement regarding pending dues of Cooperative Sugar Mills. 18. SHRI KULDEEP RAI SHARMA laid a statement regarding setting up of a Central University in Andaman & Nicobar Islands. 19. SHRI LAVU SRIKRISHNA DEVARAYALU laid a statement regarding disinvestment of Vishakhapatnam Steel Plant. 20. SHRI DHAIRYASHEEL SAMBHAJIRAO MANE laid a statement regarding need to enhance pension under EPS-1995. 21. SHRI ANUBHAV MOHANTY laid a statement regarding recommendations of 14th Finance Commission on SDRF. 22. SHRI SHYAM SINGH YADAV laid a statement regarding need to establish a Kendriya Vidyalaya in Jaunpur, Uttar Pradesh. 23. SHRI B.B. PATIL laid a statement regarding closure of Oriental Insurance Branch in Kmareddy district, Telangana. 24. SHRIMATI VEENA DEVI laid a statement regarding need to construct embankment along the course of Burhi Gandak river in Vaishali Parliamentary Constituency, Bihar. 25. SHRI JAYADEV GALLA laid a statement regarding allocation of captive mines to Rashtriya Ispat Nigam Limited. 26. SHRI HANUMAN BENIWAL laid a statement regarding implementation of sanctioned projects for use of allocated share of Yamuna river water by Rajasthan. _____

THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL, 2021

THE MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY) moving the motion for consideration of the Bill, said: The amendments proposed in the present Bill are in consonance with the judgements of the Court. The administration of National Capital Territory of Delhi is mainly based on three provisions – Article 239A of the Constitution, the GNCTD Act, 1991 and Transaction of Business of the GNCTD Rules, 1993. The administration of Delhi remained smooth from 1991 till December, 2013 but in the year 2015 certain conflict of rules were raised with regard to interpretation of certain provisions of the Constitution. As Delhi is a Union Territory, the Government of India and the Parliament are duty bound to remove the administrative ambiguity on this law through appropriate legislative measures. The Parliament is fully empowered and within its rights to amendment the GNCTD Act, 1991. So, I introduce this Bill through which certain issues with regard to administration of Delhi will be clarified. This will enhance the administrative efficiency of Delhi Government and relations between Executive and Legislature will improve. I urge this august House to consider and pass the GNCTD (Amendment) Bill, 2021. SHRI MANISH TEWARI initiating said: Earlier, the BJP itself used to demand for statehood to Delhi. It is ironical that after 18 years, the same NDA-BJP Government has brought this legislation to dilute the present democratic system which had been established for the people of Delhi in the year 1991 through 69th Constitutional Amendment. The present legislation is completely unconstitutional. In the year 1991, this House passed the 69th Constitutional (Amendment) Bill and the consequential Bill which gave a special status to the National Capital among Union Territories. That constitutional structure provided that except police, public order and land, all other issues would come under the purview of the Delhi Assembly. The present Bill introduced by the hon. Minister tries to snatch the powers of the Assembly. You have inserted a proviso that Delhi Government would mean the Lieutenant Governor. How is this possible? Delhi Government would mean what is provided in the Constitution. The next Amendment 33(1) appears to be simple but it is an assault on the sovereignty of the Delhi Assembly to frame its rules of procedure. If an Assembly cannot exercise oversight on the functioning of the Government, what use is that? The more dangerous is Sub Section 2 of Section 44 which completely blows out the 69th Constitutional Amendment. It says that if Delhi Government makes a law on the subjects which it is entitled to, it will have to obtain prior permission of the Lieutenant Governor before initiating any administrative action. This law is completely misconceived. SHRIMATI MEENAKASHI LEKHI: There is a Balakrishna Report of the year 1991 with regard to Delhi. It clearly says that full Statehood cannot be extended to NCT of Delhi considering its importance as the seat of Union Government. It was clearly stated in the report that executive power will be retained with the Union of India and additional safeguards should be provided for protecting the Centre’s interests in relation to every subject. What are the Centre’s interests in Delhi? The funds allocated under the Pradhan Mantri Kishan Samman Nidhi have been distributed in the entire country but the farmers in Delhi have not received this money. The houses meant to be given to the slum dwellers under the Pradhan Mantri Awas Yojana have not been given to them because the State Government does not want this to happen. The funds under AMRUT scheme was received in Delhi but not utilized. The work is done by the Central Government but the credit is taken by the State Government. Article 239 (AA) was introduced to accord special status to Delhi with an important proviso that the executive powers will be retained with the Union of India. The Council of Ministers may aid and advise the administrator. Lieutenant Governor is the administrator. He is not a Governor. He exercises more powers than a Governor. A Governor has to act on the aid and advice of the Council of Ministers. In the case of the Lieutenant Governor, this aid and advice would not be binding and the LG could form a different opinion. We talk about the federalism but we conveniently forget that the Indian Constitutional give greater prominence to the Union in comparison to the State. The Government of the NCT of Delhi and the Union Government should work with a spirit of cooperative federalism. The Centre Government has much more responsibility in comparison to the State Government of Delhi. It, therefore, has more powers to correct the situation. This piece of legislation does not alter either the rights of the State Government or the rights of the Lieutenant Governor. It only clarifies as to how the work will be done and how the conflict will be resolved. The State Government should run the system alongwith the Lieutenant Governor in the spirit of cooperative federalism. It should pass laws in the Delhi assembly which have the potential to raise the living standards of the people of Delhi. It should provide facilities like water, electricity, education etc. to the people. Instead of wasting money in the Mohalla Clinic, it should implement the Ayushman Yojana. SHRI BELLANA CHANDRA SEKHAR: I am confident that the amendments proposed in the National Capital Territory of Delhi Act, 1991 will provide for better infrastructure development, tourism growth, and ramp up the security of the Capital. SHRI VINAYAK BHAURAO RAUT: Democracy in Delhi is being throttled through this Bill. Making laws in the interest of the State rests with the Legislative Assembly concerned. In case, certain errors are perpetrated by the Legislative Assembly, there are ample provisions in law to deal with such cases. If the administrator is allowed to assume his/her office in huge disregard to the representatives of people, it would lead to the biased functioning on the ground. In such a situation, neither Delhi Legislative Assembly would be in a position to take decision nor any Minister would be empowered to take decision either. They will have to approach the Lieutenant Governor for each and every work. KUNWAR DANISH ALI: This Bill is designed to snatch away the powers vested in the Legislative Assembly and their devolution to a particular individual. It was the Bhartiya Janta Party itself that used to raise demands for the status of complete statehood for Delhi. You are trying to strip the Government of NCT of Delhi of all powers. SHRIMATI SUPRIYA SADANAND SULE: It has been stated that the status of Lieutenant Governor of Delhi is not akin to the one enjoyed by the Governors in other states. He is an administrator in limited sense. I am curious to know the exact connotation implied in the term ‘limited’. The AAP has come to power in Delhi with brute majority for three times in a row. This is very unfair treatment with them. It has been said that the advertisements are in currency across the country. It is unfortunate. The Government should focus on governance. We can have a comprehensive policy on advertisement. To my mind, the Government should refer this Bill to the Select Committee. DR. S.T. HASAN: This law is a totally unconstitutional and undemocratic as it is curbing the rights of the elected government of Delhi. Instead of the elected government, the lieutenant governor will Government the administration in Delhi here. Whereas, the Constitution clearly says that Delhi will be Government by the elected Assembly. At the same time, the Government of Delhi will be accountable to the Legislative Assembly. As far as the Lieutenant Governor is concerned, the Lieutenant Governor will only give advice. The Supreme Court has also said that apart from only three subjects, the Government of Delhi has the right to make decisions on all subjects. Thereafter, the Government will apprise the Lieutenant Governor of its decisions, which does not mean seeking the Lieutenant Governor’s approval is mandatory. But after the enactment of this Act, every decision of the Cabinet will have to depend on LG’s consent. So, I oppose this Bill. SHRI BRIJENDRA SINGH: I stand to speak in support of the Bill because it seeks to put an end to the acrimony, unpleasantness, and uncertainly that has prevailed in the National Capital Territory for the last almost seven and a half year. This seeks to amend the Government of NCT Delhi Act, 1991 by four short but every significant amendments and these amendments are being to Section 21, 24, 33 and 44 to the GNCTD Act, 1991. Here, Section 21 deals with the restriction on laws passed by the Legislative Assembly concerning certain matter. Now, this has been added that this Bill provides that the term ‘Government’ referred to in any law made by the Legislative Assembly will imply Lieutenant Governor. Similarly, Section 24 deals with assent to Bills passed by the Legislative Assembly. Again, Section 44 deals with the conduct of business. Accordingly, all executive decisions taken by the elected Government should be under the Lieutenant Governor’s name. The Bill empowers the Lieutenant Governor to specify his suggestions on certain matters. His opinion has to be taken before taking any executive action or decisions by the Minister or Council of Ministers. I hope that post amendment a more effective and responsible Government would be provided and Delhi would be placed among the most advanced metro cities in the world. SHRI HASNAIN MASOODI: This law goes against the spirit of federalism. Whereas, the Supreme Court has categorically stated that federalism is the basic feature of our constitution. Therefore, Parliament should not tinker with this federalism. Through this Bill, all powers are being centralized. Powers are being given to the Lieutenant Governor by making amendments in section 24. That means the power of the Legislative Assembly has been completely curbed. It has also been bereft of the right to make its own rules. Thus, it is against the basic structure of federalism. SHRI E. T. MOHAMMED BASHEER: I differ with this Bill for three reasons. First of all, this Bill tantamounts to giving extra-constitutional power to the Lieutenant Governor. Secondly, it will disable the elected Government of Delhi. Thirdly, it is emasculating the power of the democratically elected Government of Delhi. It amounts to nullifying the Supreme Court order which says that ‘Delhi Government can take decisions within its jurisdiction and execute them without obtaining the concurrence of the Lieutenant Governor’. It is an effort in tightening the grip of the Central Government on the Delhi Government and to govern the Delhi Administration through the Lieutenant Governor. This Government is recklessly jeopardizing the basic principles of federal cooperation. SHRI BHAGWANT MANN: The Bill brought in today pertaining to the Government Delhi shall strip Delhi of its rights. It appears that the Union Government wants to rule Delhi through the Lieutenant Governor. It is simply impalpable and sounds antithetical as to how an elected Chief Minister cannot take a decision on matters relating to the State. In such case what is the use of conducting elections. Seventy three per cent households in Delhi receive electricity bill with nil payable amount. We have been able to provide drinking water even in those locations which had been deprived of this facility for the past 70 years. Free treatment is available in the Delhi based hospitals. It is entirely unconstitutional. This Bill should immediately be withdrawn. SHRI JASBIR SINGH GILL: This Government is going to make a super CM who has never contested election. We ought to assign work to the elected Government. With this new provision we are going to snatch away the powers of the Vidhan Sabha. Then why do you clamour for conferring the status of a State. I would like to urge upon the Government to empower the States. Therefore, I oppose the Bill. SHRI G. KISHAN REDDY replying said: Several Hon. Members have put forward their views while debating this Bill. All of us must understand that Delhi is Union Territory. Given that, I would be unfair to compare it with the rest of the States. The GNCTD Act, 1991 was brought in by Parliament. This Act comprises complete details of the functioning of the Delhi Vidhan Sabha and also those of the Lieutenant Governor. We are not snatching away any right from the State Government nor the Lieutenant Governor of Delhi is being conferred in a new right through this amendment. This amendment is designed to bring clarity on things. The rights conferred on the States, the UTs and the UTs with Assembly are distinctly different. All the proposed amendments are very much in consonance with the judgments of the Court. This will be in the interest of the residents of Delhi and the administrative system would be better. It is incumbent upon Parliament to remove ambiguities of law. Being guided by that spirit, this Bill has been brought in. I would request all of you to pass this amendment Bill unanimously. The Bill was passed. ______

THE MARINE AIDS TO NAVIGATION BILL, 2021. THE MINISTER OF STATE OF THE MINISTRY OF PORTS, SHIPPING AND WATERWAYS AND MINISTER OF STATE IN THE MINISTRY OF CHEMICALS AND FERTILIZERS (SHRI MANSUKH L. MANDAVIYA) moved that the Bill to provide for the development, maintenance and management of aids to navigation in India; for training and certification of operator of aids to navigation, development of its historical, educational and cultural value; to ensure compliance with the obligation under the maritime treaties and International Instruments to which India is a party and for matters connected therewith or incidental thereto be taken into consideration. I brought this Bill with a view that there is 7500 Kms long coastline in the country. This Act was enacted in the year 1927. Amendments were carried out as and when required but the main structure is the same. Any vessel of the world come to India or any vessel of India go to any part of the world, it is compulsion to provide navigation aid. The regulation which was formulated in 1974 and the guidelines framed by IMO, we had accepted the same but amendments were not carried out. Therefore, we are bringing amendments through this Bill. I would like to urge the House to consider and pass this Bill. DR. BHARATIBEN D. SHYAL initiating said: History is witness that we were doing trade with other parts of the world and were also connected to the world. There were no rules and regulations for light houses. Now, our geographical boundaries have changed. We did not even thought that light houses can be turned into a picnic spot, but the Government has done this. There are so many old rules in this Bill and they have reframed. So many such provisions have been made in this Bill by which the entire Bill has got legal framework. Largest Alang Ship Breaking Yard of Asia is in my Parliamentary Constituency. In coming five years more than double ships will come here. This will enhance employment. Our belief in maritime trade will increase by passing this Bill. This Bill is good for fishermen. SHRI RAMSHIROMANI VERMA: This Bill provides that incase any navigation facility provided does not follow the instructions provided in this Bill relating to the navigation services. It would be liable to be punished with fine. Alongside, there is a need to upgrade the training institute and the practical exposure for navigation facility, maintenance and management of navigation system. We demand that reservation should be provided compulsorily for the Scheduled Caste, Scheduled Tribe and Other Backward Classes in the training programmes being imparted by the institutions operating in the field of maritime navigation as per the constitution. SHRI RAJIV PRATAP RUDY: Navigation is such a subject that touches upon the lives of each and every person. When we talk of navigation or navy one must bear in mind that it has its genesis in India itself and we have reasons to take pride in this fact. This Bill consists of certain non-technical provisions despite being technical in nature. Rarely do we come across such beautiful blend of provisions. You have done a very good job indeed. The posterity shall always remember the Government of the day and the Prime Minister for this noble initiative. All the light houses of the country have become obsolete and our lying unutilized. You have taken a decision to protect them as cultural side and tourist side. It is a step in the right direction. The first light house meant for navigating ships had its base at Mahabalipuram in the 17th Century. The examination for radio communication in respect of the pilots is conducted by the Ministry of Communication. This is not fair. It ought to be conducted by the same regulatory organization. It would be better if the work of radio telecommunication regulation other than the examination for maritime is also taken care of by the Directorate of Shipping. SHRI MAGUNTA SREENIVASULU REDDY: India is surrounded by the Bay of Bengal, the Arabian Sea and the Indian Ocean. I appreciate our hon. Shipping Minister for bringing the Marine Aids to Navigation Bill, 2021. We need more light houses. Protection of fishermen is very much required. In olden days very few operators were there. Ships were also not in a big way. I proud to say that Andhra Pradesh has got 974 kms of coastline. The Visakhapatnam Port is second only to Gujarat. Andhra Pradesh shares four per cent of the total Indian exports. I would request the Minister of Shipping to take steps to reconstruct and refurbish all light houses located in different Ports of Andhra Pradesh. SHRI SHRIRANG APPA BARNE: At the outset, I would like to thank the hon. Minister for bringing in a new piece of legislation by repealing the Lighthouse Act, 1927 of the British era. Now, we are passing through the digital era and hence this Bill is intended to modernize the maritime transport system by streamlining the transport system more and more in a digital way. The lighthouses will be developed with a view to promoting tourism. In this digital world, this Bill will turn out to be very helpful for the fishermen and travellers. At last, I, on behalf of my party, support this Bill. SHRI KAUSHLENDRA KUMAR: There are about 34 lighthouses in our country and the same can be developed to boost the tourism. Various types of incidents are taking place where there are movements of goods in our country. There should be stern legal provisions to subdue the sea pirates in the open sea and also to bring the culprits to book. With these few words, I support this Bill. SHRI ARVIND SAWANT: Hon. Minister has presented a good piece of legislation in the House. This Bill has been brought in with a progressive and modern approach to the earlier signalling system of the lighthouse. Now, we have entered the digital India and hence navigation is urgently required to be there. There are a few other ports alongwith major ports in Mumbai. So far as the Mumbai port is concerned, there is no room in the harbour. Hence, the ships have to wait for 8-10 days to get space. If they get air traffic services in advance, they will be able to know where they will go in India? SHRI JASBIR SINGH GILL: India has a long coastline of about 7517 kilometers spread across the Western and Eastern coast of the mainland and also along the islands. I would like to congratulate the hon. Minister for Shipping for bringing in this Bill to replace the 90-year old colonial Lighthouse Act which will provide fresh framework and establish and manage vessel traffic services. Now I would like to flag one important point on which the Government has to act fast and swift. India has become a major dumping ground for ship-breaking. Ship-breaking is amongst the most dangerous occupations with high levels of fatality, injuries and work-related diseases. Hence, my request to the hon. Minister is that he should do everything possible to regulate this ship-breaking industry and provide a safe working atmosphere to our workers. SHRI MANSUKH L. MANDAVIYA replying said: I have got 195 Light Houses surveyed in the entire country and 71 locations have been identified and EOI is being floated to develop them for tourism. We will develop Kalughat in Bihar as Multi Modal Terminal. We have ensured draft of 2.5 meters there and its use has already been started. Fishermen will benefit the most from this. Everywhere GPS has been installed. The Government has taken a decision that GPS must be fitted on each boat and we are also providing financial assistance for this. We are constructing a heritage complex to recreate how Lothal looked 5000 years ago. We will also establish an institute there to get a first hand feel of that civilization which will make the world understand the Indian civilization 5000 years ago. A pavilion for each of the Maritime States will be set up there in which their history will be showcased. We have forgotten our history due to being ruled for 2000 years. Our Maritime history is very rich. We have to bring it into light again. We are going to bring 250 projects in the coming days after mapping all our sea coasts. All over the world, industries are usually near the ports which reduces the logistics costs and makes you competitive. The logistics costs are higher in India which is 14 per cent of GDP while the world average is 9 per cent. To reduce this gap, I have made provisions in the Sagartat Samridhi Yojana like where to build industrial cluster, agricultural cluster, feeder port, major port, minor port, satellite port and captive port. In this Bill, attention has been paid not only to the existing technology but also to the technology of future. The Bill was passed. _____

SUBMISSION BY MEMBERS Re: Alleged inflated Medical Bill for a poor patient in Bihar THE MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS AND THE MINISTER OF STATE IN THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI ARJUN RAM MEGHWAL) responding to the issue raised by several hon. Members, said: This is a very serious matter. We will definitely communicate the concerned ministry about his feelings and the sentiments expressed by other Members. ______

UTPAL KUMAR SINGH Secretary General

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