___
SYNOPSIS OF DEBATES (Proceedings other than Questions & Answers) ______
Monday, September 21, 2020 / Bhadrapada 30, 1942 (Saka) ______
OBITUARY REFERENCE
HON'BLE SPEAKER: Hon'ble Members, with profound grief, I have to inform the House about the passing away of four of our former colleagues,
Sarvashri Nandi Yellaiah, Vijay Annaji Mude and Ramdeo Rai and Smt. Roza
Vidyadhar Deshpande.
Shri Nandi Yellaiah was a member of the 16th Lok Sabha representing
Nagarkurnool Parliamentary Constituency of Telangana and 6th, 7th, 9th, 10th and
11th Lok Sabhas representing Siddipet parliamentary constituency of the undivided
Andhra Pradesh. Shri Nandi Yellaiah was also a member of Rajya Sabha for two terms and he also served as a member of the Andhra Pradesh Legislative Council for one term. An able parliamentarian, Shri Nandi Yellaiah was a member of the
Committee on Official Language, Defence, Subordinate Legislation and Food,
Consumer Affairs & Public Distribution. Shri Nandi Yellaiah passed away on 08 August 2020 in Hyderabad at the age of 78 years.
Shri Vijay Annaji Mude was a member of the 11th Lok Sabha representing the Wardha Parliamentary Constituency of Maharashtra. He served as a member of the parliamentary committee on External Affairs. Earlier, Shri Vijay Annaji Mude was also a member of the Maharashtra Legislative Council from 1990 to 1996.
Shri Vijay Annaji Mude passed away on 15 August 2020 in Wardha,
Maharashtra at the age of 76 years.
Shri Ramdeo Rai was a member of the 8th Lok Sabha representing the
Samastipur Parliamentary Constituency of Bihar. Shri Ramdeo Rai was a sitting member of Bihar Legislative Assembly and served as a member of Bihar
Legislative Assembly for six terms. He also served as a Minister of State in various ministries in the Government of Bihar.
Shri Ramdeo Rai passed away on 29 August 2020 at Patna, Bihar at the age of 77 years.
Shrimati Roza Vidyadhar Deshpande was a member of the 5th Lok Sabha representing the then Bombay Central Parliamentary Constituency of Maharashtra. Shrimati Roza Vidyadhar Deshpande passed away on 19 September 2020 at
Mumbai, Maharashtra at the age of 90 years.
We deeply mourn the loss of our former colleagues and I am sure the House would join me in conveying our condolences to their bereaved families.
The Members then stood in silence for a short while.
______
*MATTERS UNDER RULE 377
(1) SHRI ASHOK MAHADEORAO NETE laid a statement regarding
need to set up adequate number of Van Dhan Kendras in Gadchiroli-
Chimur Parliamentary Constituency, Maharashtra.
(2) SHRI PRATHAP SIMHA laid a statement regarding problems being
faced by coffee growers.
(3) SHRI NISITH PRAMANIK laid a statement regarding reform in
Madrasa education.
(4) SHRI SANJAY BHATIA laid a statement regarding need to set up a
Technical Textile Park in Panipat, Haryana.
* Laid on the Table as directed by the Chair. (5) SHRI BASANTA KUMAR PANDA laid a statement regarding need
to set up ‘Electric Loco Periodical Overhaul Workshop’ and ‘Railway
Concrete Sleeper Manufacturing Unit’ in Kalahandi Parliamentary
Constituency, Odisha.
(6) SHRI JAGDAMBIKA PAL laid a statement regarding need to link
Kapilvastu in Siddharthnagar district, Uttar Pradesh with other
Buddhist sites.
(7) SHRI VISHNU DAYAL RAM laid a statement regarding need to
revive the Japla Cement Factory in Palamu Parliamentary
Constituency, Jharkhand.
(8) DR. (PROF.) KIRIT PREMJIBHAI SOLANKI laid a statement
regarding reservation of SCs and STs in Private Sector.
(9) SHRI KANAKMAL KATARA laid a statement regarding alleged
conversion of tribals in Banswara Parliamentary Constituency,
Rajasthan.
(10) SHRI SUNIL KUMAR SONI laid a statement regarding need to
send a medical team for Covid patients in Chhattisgarh.
(11) SHRIMATI JASKAUR MEENA laid a statement regarding need to
construct an underpass on Bandikui-Baswa railway line in Dausa
Parliamentary Constituency, Rajasthan. (12) SHRI ARUN SAO laid a statement regarding need to set up an
Archaeological Museum in Bilaspur district headquarters,
Chhattisgarh and also develop sites of archaeological importance in
the district as tourist places.
(13) SHRI TEJASVI SURYA laid a statement regarding EPFO pension.
(14) DR. SUJAY VIKHE PATIL laid a statement regarding need to lift
ban on export of onion.
(15) DR. DHAL SINGH BISEN laid a statement regarding need to
provide houses to people rendered homeless due to excessive rain and
flood in Balaghat Parliamentary Constituency, Madhya Pradesh.
(16) SHRI NIHAL CHAND CHOUHAN laid a statement regarding need
to include Rajasthani language in the Eight Schedule of the
Constitution.
(17) PROF. S.P. SINGH BAGHEL laid a statement regarding need to
allow postmortem during night.
(18) SHRI ANUMULA REVANTH REDDY laid a statement regarding
grant of additional compensation to victims of Covid-19 in Defence
service.
(19) SHRI ANTO ANTONY laid a statement regarding amendment of the
Rubber Act. (20) SHRIMATI GEETA KORA laid a statement regarding need to
provide employment to local people in iron ore mines in Singhbhum
Parliamentary Constituency, Jharkhand.
(21) SHRI DNV SENTHILKUMAR S. laid a statement regarding
construction of Eight-way lane between Salem & Chennai.
(22) SHRI BELLANA CHANDRA SEKHAR laid a statement regarding
extending benefits to both NFSA and Non-NFSA beneficiaries across
the country.
(23) SHRIMATI APARUPA PODDAR laid a statement regarding need
to give special financial assistance to West Bengal.
(24) SHRI ARVIND SAWANT need to provide pucca houses to people
living on Government land in Mumbai.
(25) SHRI BHARTRUHARI MAHTAB laid a statement regarding
enhancement of royalty on coal.
(26) SHRIMATI SANGEETA AZAD laid a statement regarding
employment opportunities for SC and OBC.
(27) SHRI B.B. PATIL laid a statement regarding corporation of
Ordnance factories.
(28) SHRI SUNIL DATTATRAY TATKARE laid a statement
regarding the catastrophic effects of cyclone Nisarga in Maharashtra. (29) SHRI K. NAVASKANI laid a statement regarding employment
opportunities for returnees in Ramanthapuram.
______
THE FOREIGN CONTRIBUTION (REGULATION) AMENDMENT BILL,
2020
THE MINISTER OF STATE IN THE MINISTRY OF HOME
AFFAIRS (SHRI NITYANAND RAI): Moved that the Bill further to amend the
Foreign Contribution (Regulation) Act, 2010 be taken into consideration.
SHRI ANTO ANTONY initiating said: This Bill is yet another quixotic adventure after the demonetization tragedy. The foreign aid is not a new concept.
Even the mighty US had been a beneficiary. As far as foreign aid is concerned,
India is, at once, a recipient and a donor. Following the 1970 UN General
Assembly Resolutions India along with Australia, Japan, New Zealand, etc. donated liberally towards the ODA of the UN. Thus, it can be seen that India is not a poor recipient, but a liberal donor. Now, this Government is sabotaging the flow of help from other countries. Around 6,600 NGOs’ FCRA licenses have been cancelled in the last three years. Many of the cancellation orders do not even have a single reason. These NGOs are bringing in foreign exchange into the country which is also helping the Indian economy and is also providing lakhs of jobs. So far, we heard of embargo by the US against Cuba, Iraq etc, but now by this amendment Government is trying to have bureaucratic control over philanthropic and social service activities of people and organizations. The life longevity of the people of my state of Kerala is on par with the people of the richest Scandinavian countries and has 100 per cent literacy. Everyone knows that it was by the wisdom of the rulers who permitted the NGOs and charity institutions and organizations to accept foreign contributions and immense progress was achieved in all sectors like education, health, etc. We have to eradicate poverty. We have to achieve universal education. We have to provide housing to millions, and as such it is not fair to bring the philanthropic activities and non-profitable activities under bureaucratic control by creating a Licence Raj. I would request the Government not to hurry and cause another tragedy like the demonetization tragedy and to withdraw this ill- conceived amendment.
DR. SATYA PAL SINGH: I would like to remind that the FCRA law was enacted in the country on 05th August, 1976. Certain amendments were made therein in the years 2016 and 2018. Earlier, there was a provision in it that no government servant can receive foreign any contribution and now the term the government servant has been replaced by the public servant. Many examples have come to the fore that many NGOs were receiving foreign funds but were not spending those funds for the designated purposes. During the period from 2011 to 2019 about 19 thousand such organization have been traced. At times, the funds are there in the bank accounts of the NGO but there was no provision in the law to shut down such organizations. Now the Government has made a provision in this
Bill that all the NGOs will have to open an account in the State Bank of India in
Delhi. I wholeheartedly welcome those NGOs which are doing good social work.
But there are certain NGOs which receive foreign contributions and use it against the country and also use these funds for proselytization. Therefore, it is very necessary to initiate action against such NGOs. During the last 20 years, a sum of
Rs. 2 lakh crore has been received as foreign contribution. It has been very categorically manifested in the minutes of Macaulay as to how the education will be imparted in India to spread Christianity. It is an open secret as to what happened in the North-East. The entire demographic graph has been altered in the
North-East during the last 50 years. Therefore, I support these amendment.
DR. KALANIDHI VEERASWAMY: This Government has been elected for the second time with a huge majority and I congratulate it on that but what is your agenda? The agenda is a Hindutva agenda where you are saying that you do not want to have any conversions to happen. You have to understand as to why people are getting converted. You have such a system in Hinduism where you call people Dalits, you say that they are not allowed to enter temples, they are not allowed to go into public wells where everyone is using them. When you have a problem in your own religion, why would they not leave their religion? In spite of centuries of rule by Islamic and Christian nations, Hinduism is still the largest religion in India. 84 per cent of the population is Hindus. You are trying to mobilise all those Hindus together.
PROF. SOUGATA RAY: I am opposing this Bill, and also supporting my amendments to the Bill. This Bill is essentially meant to tighten, and put the screws on those organisations which receive funds from abroad. In 2016, the Home
Ministry had cancelled the license of ‘Lawyers Collective’. If any organization receives foreign contribution, it cannot transfer the foreign contribution to any other organization. This will mean a major blow to NGOs working collaboratively on projects and programmes. Second, this Bill says that the people must produce their Aadhar Cards. Now, the Supreme Court has said that Aadhar Card is not compulsory. Why should the Government make Aadhar Card compulsory? That is to keep a better control over these people. The Government is also saying that all the money must come into an account with the State Bank of India, Delhi.
Now, this is another way of controlling foreign contributions. This Bill now proposes that the MHA may permit any organization to surrender the certificate granted under this Act. Had Mother Teressa been alive today, this Government would have put the screws on Mother Teressa's organization. There is no need for this Bill at all. I strongly oppose this Bill. SHRI BELLANA CHANDRA SEKHAR: The Bill prohibits acceptance of foreign contribution by public servants as defined under the Indian Penal Code.
This would be extremely useful in preventing officers to accept undue favours from sources that are not in favour of the country’s interest. The Bill also says that any person seeking prior permission, registration or renewal of registration must provide the Aadhaar number of all its office bearers as this is also a good move to increase transparency and we welcome it. This Bill reduce the limit of administrative expenses to 20 per cent which is a very good move. This Bill was much needed and our Party supports the Bill.
SHRI SHRIRANG APPA BARNE: As per the proposed Bill, all the religious organization without any discrimination will continue to receive foreign contributions as before. However, the Government is also keeping in mind that if the funds are received for a particular religious community then it should be ensured that the money is used in the interest of that community. At times, it has been observed that the foreign contributions are used for proselytization. The poor and backward are lured for proselytization for monetary consideration. This Bill provides that all the office bearers of the NGOs will have to produce their Aadhaar cards for registration. This is the very integral part of the Bill. I, therefore, support this Bill.
SHRI KAUSHLENDRA KUMAR: The Government has taken a welcome step because several NGOs were using the foreign contributions for questionable purposes. During the period from 2010 to 2019, the foreign contributions have doubled. Therefore, it has become incumbent upon the Government that this law should be made transparent and accountable to the Government. Now, the
Aadhaar card has been made mandatory for registration. Hon. Supreme Court also made the similar remark. However, I have an apprehension that the public servant is now being empowered for registration under this law. This could be a problem area. Some NGOs are doing exemplary work in the field of education and health in the tribal areas. Therefore, such NGOs should be classified separately and they should get full exemption.
*SHRI BHARTRUHARI MAHTAB: All those institutions who accepted foreign contribution should submit a report before the Chief Secretary through their District Magistrates. I have noticed that in my state as well as in other states, many high-ranking officials have floated some NGOs and are spending the foreign funds as per their own desire. Hence, I believe this a timely and much needed step in the right direction. The power that Government is acquiring now to scrutinize should be exercised with competence and efficiency. The right to keep a vigil on these institutions must rest with the Chief Secretary and the District
* Original in Odia. Administration. They must pay adequate time and attention to these institutions. I support this Bill wholeheartedly.
SHRI RITESH PANDEY: I would like to say that Section7 of the previous
Act has been completely made defunct through Clause-3 of this Bill. This will no longer allow any local trust receiving foreign contribution to transfer funds to any other trust registered with FCRA. Similarly, my third point is that the Board members will need to submit copy of Aadhaar card, Passport, OCI Card whereas the Supreme Court in its judgment has said that Aadhaar card should not be made mandatory. Also, in Sub-Section 1 of Section 15, it has been provided that the acquired property will also have to be surrendered while surrendering the FCRA registration. Similarly, centralization is being promoted by making provisions regarding opening an account in State Bank of India in Delhi.
SHRI B. B. PATIL: This Bill can be termed as a means to crush dissent and concentrate powers in the hands of the Government. The Bill would be used against the people. This is mainly directed at minority organization. Freedom of social organization working in rural and tribal will also be hampered by this Bill.
The amendment seeking to limit the use of foreign contribution for the administrative purpose will impact research and advocacy organizations. Many of them will have to shut down because of this amendment which is brought about.
Another proposed amendment is the prohibition of the transfer of funds received from foreign contributions to any other persons. This amendment would have a devastating impact on the community work being done by the various NGOs.
Thousands of similar organizations will also be impacted.
SHRIMATI SUPRIYA SADANAND SULE: My first point is that why the Government has curtailed the administrative cost and salaries from 50 per cent to 20 per cent. How have the Government come to this figure. Secondly, if the
Government could kindly clarify why do the Government need an Aadhaar compulsory, when the hon. Supreme Court repeatedly has said do not follow that.
Another point, I cannot understand why only State Bank of India has been selected and why not other banks? Moreover, I would like to say that we do not think
NGOs do a bad work. There are thousands of NGOs doing very good work. Just because one NGO may work against a project that the Government want, it does not mean all of them are bad. So, I request the Central Government to stop bulldozing people who do good work.
SHRI VINCENT H. PALA: This Bill is totally posing a multi-pronged attack on the civil societies and minorities. Firstly, I would like to say that Section
8 to reduce the administrative cost from 50 per cent to 20 per cent, this is not possible. Therefore, I request the Government to withdraw this Section. Secondly, as far as Aadhaar card is concerned, The Aadhaar card programme has not been fully implemented in Meghalaya and other States in the North-East. Thirdly, with regard to the FCRA account, why should the account be opened only in Delhi and that too only in the State Bank of India? People like in the North East, South and other parts of the country, stay very far. So, this is nothing but harassment.
Another very important point is that why the money, which we have given cannot be transferred to any other branch. So, I request the Minister to withdraw the Bill.
THE MINISTER OF STATE IN THE MINISTRY OF HOME
AFFAIRS (SHRI NITYANAND RAI) replying said: First of all, I would like to make it clear that this amendment is not against NGOs. This amendment is also not an attack on any religion. This amendment does not in any way prevent foreign contributions. FCRA is a national and internal security law with the main objective of ensuring that foreign money does not dominate India's public life, politics, and social discourse. Our Hon’ble Prime Minister wants to keep the country safe and strong in all its ways. Internal security, cultural security, national security and protection of Democracy are the utmost priority and specialty of this Government.
This amendment is also necessary for self-reliant India. The government wants
NGOs to make their sincere contribution to meet the specific needs of society.
They should bring transparency in the expenditure of foreign contributions and ensure that it is spent on the right objectives and the work for which foreign contributions is received. There is a provision of foreign contributions for social education, cultural, religious, and economic activities. The reason for adding the Section 3(1)C of the Indian Penal Code is that some sectors were left in the definition of the public servant. Now, they are being included. Similarly, it has been proposed to forbid the transfer of foreign contribution from one unit of NGO to another by amending section 7. Previously, foreign contributions were misused.
The transfer was a mess, the account was not properly accounted and that is why this proposal has been made. Also, the expenditure on administrative activities is being reduced from 50 percent to 20 percent through section 8(1) because this money was misused in the name of administrative expenditure. At present, the
Central Government is going to seek advance clearance to receive foreign contribution. There is no provision for immediate freezing of the bank account of any unit. However, an amendment under section 11(2) is proposed to freeze the bank account of such NGOs wherein violation of the Act is observed. Several
Members have raised the matter of Aadhaar card. The Supreme Court has categorically stated that Aadhaar card can be made essential by bringing legislation where there is a need. So, this amendment has been brought. We are not against any religion or NGO. This Bill has not been brought to threaten our political opponents also. The only aim behind the introduction of this Bill is to ensure that the funds are not misused to throttle Indian democracy and suppress Indian people.
The provision for allowing voluntary surrender has been brought so that any NGO which has received funds but do not want to continue its work, could surrender easily. Further, it has been provided to authorize the chief secretary of a state to look after the assets which have been created by the NGO. Nowhere in the Bill, it has been said that the NGOs will have a single account only and that too will be in
Delhi. They can open multiple Bank Accounts but, the only bank in which they can open their accounts, will be the State Bank of India. This provision has been introduced so that the funds are deposited in the single bank. They will not have to travel to Delhi for opening bank account. The State Bank of India has given assurance that they can open their account in the local branch also. Once this Bill is passed, it will be possible for all the NGOs to link with the DARPAN Id portal of the NITI Aayog. With this, I request the House to pass the Amendment Bill.
The Bill was passed.
______
STATEMENT BY MINISTER
Re: Decision taken to increase the Minimum Support Price
THE MINISTER OF AGRICULTURE AND FARMERS WELFARE;
MINISTER OF RURAL DEVELOPMENT; MINISTER OF PANCHAYATI
RAJ AND MINISTER OF FOOD PROCESSING INDUSTRIES (SHRI
NARENDRA SINGH TOMAR): I would like to inform the House about the important decisions taken with regard to increase in the MSP. Today, the Government has sanctioned the Minimum Support Price of six rabi crops before the inception of the forthcoming rabi sowing season. Now, the MSP for the forthcoming rabi crops like wheat, gram, lentil, mustard, barley and safflower will be Rs. 50, 225, 300, 225, 75 and 112 per quintal respectively. Our Government has procured 76.85 lakh metric tonne pulses between the years 2014 and 2019 whereas in these six years payment as MSP has been made to the farmers to the tune of Rs.
7 lakh crore. I would like to tell the entire country that the MSP and the APMC will continue to function in the coming days and the farmers will be free to sell their produce at any place, in any state, to any person and at any price outside the
APMC to fetch the remunerative price of their produce.
______
STATUTORY RESOULTION
Disapproval of the Insolvency and Bankruptcy Code Amendment Ordinance, 2020
(Ordinance No. 9 of 2020)
And
THE INSOLVENCY AND BANKRUPTCY CODE (SECOND
AMENDMENT) BILL, 2020
(As passed by Rajya Sabha) SHRI ADHIR RANJAN CHOWDHURY moved that this House disapproves of the Insolvency and Bankruptcy Code (Amendment) Ordinance,
2020 (Ordinance No. 9 of 2020) promulgated by the President on 5 June, 2020.
THE MINISTER OF FINANCE AND MINISTER OF CORPORATE
AFFAIRS(SHRIMATI NIRMALA SITHARAMAN) moved that the Bill further to amend the Insolvency and Bankruptcy Code, 2016, as passed by Rajya Sabha, be taken into consideration.
SHRI ADHIR RANJAN CHOWDHURY initiating said: I would suggest that the promulgation of Ordinances should not be taken as a rule. Rather, it should be considered as an exception. The worst casualty of this Ordinance is the MSME sector. By suspending the whole IBC framework, we are eliminating our options of asset maximization. The concept of entrepreneurship is severely hurt. Why should investors invest their money when there is no guarantee that there will be protection against any chances of losing money? The credit lending is one of the toughest decisions to make in the current context. The Government has failed in balancing the interest of all stakeholders. This Bill does not safeguard any of the stakeholders who actually need support during the pandemic. The Government wants to enhance the atmosphere to establish ease of doing business. But, this perception would not change. The Government is clearing corporate debtors through backdoors under provisions of Section 10A. The Bill will leave room open for willful defaulters. Our country requires Rs.65000 crore and the
Government is selling Public Sector Undertaking one by one. The hon. Finance
Minister always says that whenever there is an Ordinance introduced, it is urgent and they bring it when the Parliament is in session. Why is this urgency? The urgency was to save lives earlier. But actually, the urgency is to save the willful defaulters. The Code provides for time bound resolution of insolvency. Average time taken for completion of 250 cases in which resolution plan was accepted is
423 days which is mindboggling. As of June 30, 2020, only 88 corporate debtors have been completely liquidated. This is the performance of Finance Ministry.
DR. NISHIKANT DUBEY: When IBC law was introduced, it created a different kind of atmosphere in the country. When our Prime Minister took charge, things were alarming. There was a Lok Adalat system by which one may make recovery. If Rs.100 was to be recovered by a bank, it has recovered only Rs.5.
Recovery of 5.3 per cent has been carried out through Lok Adalats. IBC law brought in the year 2016, its recovery rate was 42.5 per cent to 45 per cent. The
Opposition is saying as to why the Government bring this Ordinance? What has happened due to Covid-19, whole country is witnessing this. During lockdown, shops and factories were closed not only in India but in the whole world. Now,
OECD report reveals that at least 5 per cent unemployment will increase in the entire world this year. Whether this is not necessary to eradicate unemployment by saving companies? There is not a single country where GDP loss has not noticed.
The level of liquidation will not be more than 8,9,10 per cent. Whether do you want that this amendment not be made in this law and companies go into liquidation?
SHRIMATI PRATIMA MONDAL: The spread of Corona virus pandemic across the globe followed by subsequent lockdowns has adversely affected business operations across the world. In order to provide relief to these sectors, assistance through amendment of certain laws were obviously the need of the hour but not the ones like amendment to IBC, 2020. It is a classic example of good intentions but bad drafting. It has been done in a harried manner. The conflict between the main Section and the proviso must be corrected immediately to avoid further confusion. I would humbly request the Minister to provide clarification on this matter. The Bill is not particularly concerned with small scale industries or
MSMEs. Though, the notification dated 24th March, 2020 was intended to benefit the MSMEs, it is not in line with such intention.
SHRI BALASHOWRY VALLABHANENI: It is welcome that the Bill seeks to temporarily suspend initiation of the Corporate Insolvency Resolution
Process. So, I, on behalf of my Party, welcome this move. The changes are good, and it will help strengthening of Code for better implementation. My basic point is that there are some resolution which are genuine and perfect in all respects. But some dishonest people or companies challenge and take them to higher courts through silly petitions. My second point is, why can the banks not allow the original promoters to participate in bidding. I am requesting the hon. Finance
Minister, through you, to look this option so as to reduce the losses to Banks.
Nearly 11,000 cases under IBC and 9,000 cases related to the Companies are lying pending before the NCLTs. I would like to know as to how the Minister is going to solve this problem. SHRI CHANDESHWAR PRASAD: Several companies in Bihar including those operating in my Parliamentary Constituency, Jahanabad had been under distress due to Covid-19 situation which necessitated resorting to the promulgation of an Ordinance as an immediate step. This Ordinance was meant to give relief to the companies defaulting under circumstantial compulsions and this Bill will hugely benefit the borrowers and the companies both. I support the Bill.
SHRI PINAKI MISRA: Undoubtedly, an Ordinance was the need of the hour and a moratorium was essentially called for to cope with force majeure.
Other countries have also given similar moratorium. Having said that, I would like to seek some clarifications from the hon. Minister. In the first place, how would the Government identify and differentiate between the Covid-19 defaults and the related defaults. The Government needs to clarify on this because a few other countries have also required the companies to prove that they were liquid as of 31st
Dec, 2019. Secondly, the Chairman, NCLAT is the captain of the ship who is supposed to guide the NCLAT as well as the NCLTs all over the country. The fact is that the post of chairman has been lying vacant for long which needs to be filled up immediately. Unless we have a proper infrastructure and super structure in place, there is going to be serious problems. Besides, the IDBI which has been entrusted with the power to educate Resolution Professionals should act responsibly since these professionals get their skin in the game and are not willing to let go of their control over the companies.
SHRI SHYAM SINGH YADAV: Several companies are reported to siphon off hard earned money of the investors and the more we rein in such companies, the better it is for the economy of the country. The rate of recovery has dipped to
42 to 45 per cent. In such a scenario, this Bill was necessary. However, I have a few reservations about the provisions made in the Bill. The word 'certain situation' figuring in the Bill is ambiguous and runs the risk of being manipulated by those in power in connivance with financial institutions and companies. Besides, I doubt the companies making huge donations to the political parties through electoral bonds must have been reaping huge benefits from the ruling party in some way or the other. So, therefore, the name of persons and entities donating through electoral bonds must be made public and the process be made transparent. The conditions should be all the more stringent and so many concessions must not be given on the pretext of Covid-19 pandemic.
DR.VENKATESH NETHA BORLAKUNTA: I am sure, the IBC
(Second Amendment) Bill will help the companies to keep alive and run the companies well. In this hour of crisis, the Central Government must make all efforts and support institutions and State Governments to minimise the distress of the people. In Telangana, revival efforts are picking up in a revolutionary way. Financial support from the Central Government is important and urgently required.
Therefore, I would like to highlight the issue of immediate release or reimbursement of GST, IGST and grant for regional imbalances -- approximately
Rs.9,000 crore – pending to the State of Telangana. All these financial matters relating to disbursement to the State of Telangana are crucial from the point of view of revival of the economy, creation of employment opportunities and welfare of the people of the State of Telangana.
SHRIMATI SUPRIYA SADANAND SULE: I support the Bill as it is going to give breather to the companies reeling under distress. At the same time, there is a need to address the concerns of Foreign Investors also as the Government is allowing FDI at a massive scale. I would like to know the steps being undertaken by the Government to generate employment opportunities in view of mammoth dimension of unemployment. This apart, resolution of cases must be our top priority. I would like to know the corrective measures having been undertaken to support both public and private sector without any discrimination.
Jet Airways vis-a-vis Air India is a case in point. I reiterate my demand to do something concrete in order to generate employment as it is critical to the growth of economy.
SHRI MANISH TEWARI : The fundamentals of the economy, namely savings, investment, consumption and employment, have been under a stress, even preceding COVID-19. In the first six months of 2019-2020, credit off take was down by 93 per cent from Rs.7,35,000 crore to Rs.93,000 crore. In the Budget for
2019-20, the Government tried to remedy the economic situation but instead of giving a demand side stimulus, they decided to give corporate India a relief in terms of corporate tax. But, unfortunately, it failed to boost the economy. The
Government feels that the panacea for all evils lies in giving stimulus and incentives to the corporate sector, and absolutely ignore the fact that the Indian economy requires liquidity injection, money directly in the hands of the people otherwise economic revival may not take place. The purpose of Insolvency and
Bankruptcy Code (Second Amendment) Bill was to see as to how Government could reconstruct companies, rehabilitate them, and make them viable for generating employment and value for the economy. There is need to rectify this particular Bill for linkage between the moratorium and COVID-19 stress absolutely direct and precise. A myth has been deliberately perpetrated that the then UPA Government was responsible for subverting the banking system of India,
I urge the Government to please initiate appropriate legal proceedings under the law against whosoever in the UPA was responsible for subverting the banking system.
SHRI JAYADEV GALLA: As of September 2019, 19771 cases were pending before the NCLTs. The Government should consider increasing the number of benches and strength of NCLTs as per directions of the Supreme Court. Measures should be taken up to check the delaying tactic being adopted by advocates through unfair means ultimately delaying the insolvency process. The State of Andhra
Pradesh has got an NCLT Bench namely, Amaravati Bench. But its actual location is in Hyderabad. How is it justified? I request for shifting this Bench from
Hyderabad to Amaravati. I would suggest the hon. Minister to issue a directive to all the Departments and agencies concerned to follow the interpretation given by the Corporate Affairs Ministry as final.
SHRI ARVIND SAWANT: Insolvency and Bankruptcy Code (Second
Amendment) Bill, 2020 provides a time-bound process to resolve insolvency among companies and individuals. In light of the COVID-19 crisis, the World
Bank has identified two key challenges for an insolvency framework. First is to prevent otherwise viable firms from premature insolvency. The second is to increase the number of firms that will not survive the crisis without resolution of insolvency.
There are two amendments which are being taken in this Bill. One, sections 7, 9 and 10 of the IBC are being suspended to prevent companies from being pushed into insolvency. Then, insertion of section 10A which states that the application of
CIRP cannot be filed for any default arising on or after 25th March, 2020 for period of six months not exceeding one year. Then, in section 66, one sub-section has been added which protects the directors or partners of the corporate-debtor. In this pandemic situation, the Government has taken a right step by bringing the Bill. At the same time, some of the companies, when there was a possibility of protecting the employees, forcibly imposed VRS on them and shunted them out of the company. Care has to be taken of that aspect.
SHRI K. NAVASKANI : This Bill seeks to amend the Insolvency and
Bankruptcy Code, 2016 to allow the companies not to declare bankruptcy and initiate the corporate insolvency resolution process, CIRP, during the period of
COVID-19 lockdown. The Bill exempts companies from the provisions of CIRP if the default on payment happens within a period of six months from March 25,
2020 when the lockdown started. This Bill gives no clarity about its provisions.
While it is good to protect companies which are defaulting due to COVID-19, the blanket provision of exempting all companies is problematic. This may lead to several companies which are defaulting due to reasons other than COVID-19.
There is no such filter given in the exemption clauses. The Bill states that beyond the period of six months the exemption may further be extended up to one year.
Now as businesses are opening up then there is no reason for providing further six months’ exemption provision in this Bill.
Therefore, clear provisions should be made in the Bill for identifying and exempting only such defaults which are arising genuinely due to COVID-19 pandemic. Instead of the blanket exemption, the provisions of the Bill must have some safety measures for the corporate. The provision of no-CIRP ever being applied must be dropped from the Bill. The National Company Law Tribunal can individually verify the cases.
SHRIMATI NAVNEET RAVI RANA: Today, either there are small scale companies or large scale companies in our country, if they have not been able to repay loans for several months then these are declared as defaulters by the banks and bank resort to seal such companies. This bill has been brought to strengthen these companies which ultimately strengthen economy of the country. The jobs of the workers in these companies should not be lost rather they should get jobs there. I think everyone should support this bill with one voice. The Bill will strengthen these defaulter companies by restructuring them. I support this Bill.
SUSHRI DIYA KUMARI: I am speaking on the one-year suspension of IBC, which is extremely essential, if we want business to get an opportunity to sustain, revive, and survive in these very difficult times. The Government has been taking a series of proactive measures to support business and corporate borrowers hit hard by this pandemic. One of these measures has been to temporarily suspend the insolvency proceedings under IBC. This Bill effectively suspends the insolvency process for defaults arising on and after 25th March, 2020 for a period of six months and is extendable up to one year. It also empowers the Central Government to exclude COVID-19 related debt from the definition of ‘default’ under the Code for the purpose of triggering insolvency proceedings. I would also like to talk about the measures taken prior to this Ordinance: To protect the small borrowers’ minimum threshold limit for triggering insolvency was increased from Rs.1 lakh to
Rs.1 crore; Lockdown period was excluded from the 330 days-completion timeline. This would lead to many companies primarily the MSMEs into liquidation. This Ordinance will lend a helping hand to the industry and business as they not only are a huge part of our economy but also provide jobs to our youth and this would go a long way in making India truly Atmanirbhar.
SHRI THOMAS CHAZHIKADAN : While the Bill may offer relief to stressed companies, certain provisions in the Amendment have unwarranted consequences and can be misused by willful defaulters and fraudulent promoters. There is an apparent conflict in the Bill. There is a need to safeguard companies which were viable before the pandemic and whose insolvency is temporary. The Bill raises a question whether all defaults during the specified period need to be treated in the same manner. There may be defaults, which were not induced due to COVID-19, but are a result of distress in companies before the pandemic. The Bill prohibits initiation of insolvency proceedings by the corporate debtor. Under the Code, insolvency proceedings can be initiated against the personal guarantor of a corporate debtor. While the Bill prohibits insolvency proceedings against the corporate debtor for the defaults occurring during the specified period, it does not disallow such action against the personal guarantor. Therefore, the Government should reconsider this Bill, so that the interest of the genuine creditor and debtor can be protected and possibility of gross misuse of relaxation by willful defaulters and fraudulent promoters can be avoided.
SHRI MALOOK NAGAR : The Insolvency and Bankruptcy Code (Second
Amendment) Bill, 2020 is in the favour of our country, poor and farmers. The law enacted for one Ministry affects other Ministry. Therefore, all Ministries should support each other. Today, in the wake of our economy getting weaker during
COVID pandemic, all the Member of Parliament should consider in the interest of our country.
SHRI DNV. SENTHILKUMAR S. : It is good that the Finance Minister is bringing this Bill to revive the companies which are already in stress due to the
COVID-19 pandemic situation but this situation has arisen because of improper lockdown. The economic crisis was created due to this Government and its leadership. It is not just the revival of the companies which is addressed in this
Bill but the Government and the Finance Minister are very keen on killing the profitable companies. The Insolvency and Bankruptcy Code (Second Amendment)
Bill, which you have brought for reviving the companies, should also be extended to the profitable companies like the BSNL and taking into account the consideration of all the employees. The layman should be given proper importance who have lost their jobs.
SHRIMATI RAMA DEVI: I am ready to submit my statement on the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2020. The countrywide lock down put in force on 25th March, 2020 had its adverse effect on Indian economy as well. In view of the severity and unprecedented situation of COVID-19, the
Government has brought this Bill to protect people from the procedures of bankruptcy owing to nonpayment of interest so that they could get some time to revive their trade or business. This Bill has the provision to protect every possible home buyer and micro, small and medium enterprise.
THE MINISTER OF FINANCE AND MINISTER OF CORPORATE
AFFAIRS (SHRIMATI NIRMALA SITHARAMAN) replying said : I thank this House for being so open minded and positive about engaging with the
Government on the IBC Amendments each time. This particular set of amendments was necessitated to be brought in the form of an Ordinance. This is clearly because of the pandemic because the hon. Prime Minister put life before livelihood. The dimension and the scale of the pandemic was obvious. Therefore, we had to come up with this Ordinance which clearly suspended the application of three sections -7, 9, and 10 - of the Insolvency and Bankruptcy Code. We also wanted to bring in a new section, Section 10A. This is a very clear, specific, and timebound provision clearly making a distinction between distress caused by
COVID-19 and that which can be beyond and above COVID-19. Several hon.
Members have referred to it that world-over countries are working to have some kind of an immediate response or a temporary response, and then making sure as and when companies are going to come out of this period of distress, how they would handle it. So, an immediate response is needed. The World Bank and the
IMF had suggested that countries should have three-phased approach to this. The first phase would be something immediate and interim. The second phase would be transitional measures that when the lockdown, containment, and all that goes away, how do companies come out of that period, and finally, the third phase of regular debt resolution. So, the whole approach that we, as Government, have taken is to immediately help them with some relief and then look at the way in which the second phase can go on, which is its part; and then, the third phase, in which we would have some kind of a resolution mechanism for those who are not able to survive. In Section 7, total number of companies or cases are 2,789 and the amount recovered is Rs. 1,96,171 crore. In Section 9, which relates to operational creditors, total number of cases are 11,581 as of 31st July, 2020, which are disposed cases before admission into NCLT, and the amount involved here is Rs. 1,63,927 crore.
And finally, in Section 10, which relates to corporate debtor, 140 cases are there as of 31st July, 2020 and the amount involved is Rs. 15,03,372 crore. The total number of pending cases as of 31st July, 2020, for financial creditors are 4,062; for operational creditors, it is 7,952; and for corporate creditors, it is 264. Questions were asked here about the performance of different resolution or recovery channels. As for Lok Adalats, 40,80,947 cases were referred to them and amount recovered was Rs. 2,816 crore and there was only 5.3 per cent recovery. In the case of DRTs, cases referred were 2,52,175, amount recovered was Rs. 10,574 crore, and the percentage of recovery was 3.5 per cent only. In SARFAESI, the number of cases referred were 2,48,312 and total amount recovered was Rs. 41,876 crore, and the percentage of recovery was 14.5 per cent only. In IBC, the number of cases referred were 1,135 and amount recovered was Rs. 17,819 crore, and therefore, the percentage of recovery was 42.5 per cent. We are constantly looking at how to improve IBC and make it functional. Therefore, with the performance rate given here in terms of just NPAs related to scheduled commercial banks, we should thank this House for having thoughtfully brought this IBC and having made it more robust every time, as a result of which, today we have 42.5 per cent recovery.
Those of us who were repeatedly saying that this suspension is going to hurt
MSMEs, may please know that MSMEs have several other ways through which they can recover their claims. No doubt, MSMEs are suffering but nothing has reached them is completely wrong. The Government is infusing about Rs.20,000 crore for the MSMEs and particular attention has been given to MSMEs so that they really do not suffer for want of liquidity. So far as the question of the companies which have gone into liquidation and which have really been rescued is concerned, till July, 2020, the IBC has rescued about 258 companies through resolution plans. Now, I come to recovery rate. The recovery rate in 2016 was 26 per cent and in 2019, it was 71.6 per cent. That is why, our ranking improves. On the Benches, I think, a lot of data is available. I would like to say that 67,749 cases have been dealt by the NCLT till 31st July of this year. Out of this, 49,900 cases have been disposed of and 19,844 cases are pending. As regard the apprehension of a surge in insolvency proceedings after the suspension is lifted, our assessment is that it is unlikely given that the stakeholders have many options for recovery of loan. A question was also asked about Amravati Bench here. The Amravati Bench is still in Hyderabad pending infrastructural development there. A question was also asked as to why the State does not do anything about things when companies are going bad. The State does not have a role in this. This is clearly a commercial thing and it is for the Committee of Creditors to take a call and if there is no resolution plan or resolution plan is unacceptable to the Committee of Creditors, then it goes to liquidation. So, the Government has no role in this.
The Resolution was, by leave, withdrawn.
The Bill was passed.
STATUTORY RESOLUTION
Re: Disapproval of the Epidemic Diseases (Amendment) Ordinance, 2020
(Ordinance No. 5 of 2020)
And
THE EPIDEMIC DISEASES (AMENDMENT) BILL, 2020
(as passed by Rajya Sabha)
SHRI KODIKUNNIL SURESH moved that this House disapproves of the
Epidemic Diseases (Amendment) Ordinance, 2020 (Ordinance No. 5 of 2020) promulgated by the President on 22 April, 2020.
THE MINISTER OF HEALTH AND FEMILY WELFARE, MINISTER OF
SCIENCE AND TECHNOLOGY AND MINISTER OF EARTH SCIENCES
(DR. HARSH VARDHAN) moved that the Bill further to amend the Epidemic
Diseases Act, 1897, as passed by Rajya Sabha, be taken into consideration.
SHRI KODIKUNNIL SURESH initiating said: The Minister of Health and
Family Welfare has brought this important Bill. It is a much-needed legislation in these times when incidents of violence and crimes against individuals are increasing. Violence and the brutal attack against Doctors and healthcare workers carried out across the country during the lockdown. As per the available records, documented cases of violence against Doctors and hospitals stand at 187 across 20 States, and this figure is only increasing when we add the incidents against the entire medical community. I urge the Government to ensure a comprehensive legislation to protect the lives of Doctors, Nurses, and other healthcare staff. Laws enacted by States are ineffective, and the conviction is very low. A special law has to be framed under item 1 and 2 of the Concurrent List in 7th Schedule to the Indian
Constitution. While I applaud the efforts of the Government to offer protection to the healthcare fraternity, I must highlight the gross inequalities they suffer. Junior
Doctors in Kerala are facing salary cut. With more than half of the 900 junior doctors deployed in COVID First Line Treatment Centres (CFLTC) in Kerala yet to receive their monthly salary, their situation is stressful. Many doctors work continuously for 12 to 16 hours a day. Even the one weekly leave that was promised is not being given. Indian Medical Association has released a list of 382 doctors who died due to the viral infection. But the Government has denied it. I hope the hon. Minister will give a clear picture. In this entire COVID-19 pandemic, the frontline casualties are doctors, nurses, ASHA workers and paramedical staff. Yet, this Government is turning a blind eye towards their plight.
I would like to ask the Government as to what compensation and rehabilitation is being given to the families of the healthcare workers and doctors who lost their lives in this battle. There are so many issues before us. The main issue is that our doctors, paramedical staff and ASHA workers are facing a lot of problems. They are protecting lives of lakhs and lakhs of people of our country, who are affected by this pandemic. The Government must address their problems.
DR. SUBHASH RAMRAO BHAMRE: The Epidemic Diseases (Amendment)
Bill, 2020 provides an environment for healthcare workers which is free of violence and abuses. During the outbreak of Coronavirus infection in India many healthcare workers have been subjected to abuses and violence in the line of duty, especially when they were sent to localities to collect samples. Some doctors, healthcare workers returning home from duty have been prevented from entering their homes and even asked to vacate their premises. Doctors, nurses and healthcare workers perform their duty in difficult situation. 68,000 healthcare workers have been found COVID positive and more than 500 doctors have died because of this disease. COVID-19 outbreak has posed a unique situation where harassment of the healthcare workforce has occurred at various places even in cremation grounds.
The existing laws do not have such a wide ambit as that do not cover harassment at home and workplace and are focussed more on physical violence only. This Bill protects healthcare service personnel and property including their living and working premises against violence during epidemics. It provides for making such acts of violence cognizable and non-bailable offences and for compensation for injury to healthcare service personnel or for causing damage or loss to their property .This Bill provides zero tolerance to any form of violence against healthcare service personnel and damage to property. This Bill will have the impact of infusing confidence in the community of healthcare personnel and enable them to continue serving mankind in the extremely difficult circumstances.
I support this Bill.
DR. T. SUMATHY (A) THAMIZHACHI THANGAPANDIAN: The world has seen so many pandemics and epidemics. In all these the leaders came out to the streets together to guide their people and not to pass draconian Ordinances and amendments in the empty bowls of the poor people. Only this Government does it.
The COVID-19 crisis could have been handled well in India had the action packages of the Global Health Security Agenda been implemented effectively.
Despite receiving grants from the US Centre for Disease Control, India is yet to fill the gaps to combat the present crisis. This Amendment Ordinance was promulgated at a time when crores of our students were pleading the Government to delay NEET examination. In Tamil Nadu, we have lost so many lives for the draconian NEET examination. There are a few lacunae. The life of the frontline warriors as well as the nurses, police personnel has to be ensured even after the endemic. The Epidemic Act, 1897 is silent on the definition of ‘dangerous epidemic diseases’. Since it is a colonial act, issues like restricting international travel, especially the use of air travel, sea travel, increased migration, higher density, all these areas, remain still a grey area. Again, there is no classification of these words: lethal or infectious or contagious diseases. It has to be clearly stated.
The Act and the Bill both fail to mention the priority for vaccination against
COVID. This has also surpassed the State rights.
SHRI KALYAN BANERJEE: Public health and sanitation, hospitals and dispensaries are State subjects as per the Constitution. However, these amendments to empower the Central Government for the safety and security of the healthcare service personnel and their property have been presumably promulgated by the
Government of India on the strength of Concurrent List. This is nothing but an attempt of the Government of India to encroach upon the Constitutionally assigned functioning of the State as safety and security falls within the broad spectrum of
States’ exclusive legislative jurisdiction. Now, I will come to the interesting part of the Bill. Clauses 3 and 4 are the most interesting parts. I would rather say they are the defects in the Bill. The provision of penalty sought to be imposed is extremely draconian. Instead, the States should be authorised to continue taking decision in this regard. As per the new provision, the accused will have to prove his innocence.
This is liable to be misused by vested interests. I think it is violation of article 21 of the Constitution of India.
SHRI LAVU SRIKRISHNA DEVARAYALU: COVID-19 pandemic has redefined the word ‘warrior’ because our doctors, medical staff and sanitation workers have battled against the pandemic from the frontline to keep 130 crore
Indians safe. This Bill defines healthcare service personnel and provides for stringent penalties in case they are attacked. Violence against healthcare personnel has been made a non-bailable offence and the fines have increased to Rs.5 lakh.
This being a new disease, we have taken a trial and error approach to deal with
COVID-19 constituting an expert committee will be beneficial, that will rapidly diffuse misinformation and empower rural health professionals.
Andhra Pradesh has taken the fight against COVID-19 to the grassroots.
The Centre and the States can take a leaf out of Andhra Pradesh’s approach to create a decentralized strategy. A new epidemic law is needed to reflect today’s conditions. This law should take a right-based approach to protect citizens’ interests. It should clearly define the duties of the Government and the rights of the citizens during an epidemic situation. Medical professionals will also become more accountable to citizens.
DR. SHRIKANT EKNATH SHINDE: Today India and the whole world are facing Corona pandemic. The most affected frontline health professionals are doctors. More than 500 doctors have died due to Corona while discharging their duties. I demand martyr status for them. This legislation is 130 years old. This amendment Bill provides protection to all doctors from people indulging in attacks against them and deal with such people. Though this Bill provides protection to all health care professionals like doctors and para-medical staff but no provision has been made to prevent assaults against them after pandemic. I had introduced a
Private Member’s Bill ‘The Prevention of Violence Against Doctors, Medical
Professionals and Medical Institution’ in 2019 to prevent assaults on doctors and strict action against attackers. I would like to know from the hon. Minister about the status of the Bill. My suggestion is that services of Asha workers and health care workers should be regularized and should be placed under group C so that they could get salary and benefits of government services. Whether provisions of the bill will cover such incidents where doctors were harassed and affected their living condition. Along with this, I request the government to release GST compensation to Maharashtra at the earliest to combat Corona pandemic. The government has inserted clauses 3 A, B, C, D and E by amending the Bill under which commission or abetment of acts of violence will be punishable and it will be cognizable and non-bailable. I think the inquiry period of one year should be reduced and extention period of six months should be curtailed to 3 months. I suggest that special courts should be set up to fast trace the trial in such cases. I support this Bill wholeheartedly.
SHRI KAUSHLENDRA KUMAR: The government has proposed to amend 123 year old Epidemic Diseases Act, 1897 as nearly 180 or more countries of the world are reeling under Covid-19 pandemic. The number of Covid-19 patients in the country is 54,78,000 out of which 43,96,399 patients recovered, active cases are nearly 10,03,299 and 86961 people died of it. The world Health Organisation has declared Corona as pandemic in January. The vaccine for it has not been developed so far which is a matter of concern. The Union Government and state governments are working relentlessly to save the lives of people. The ICMR is fully vigilant and number of tests are being increased day by day. I convey my thanks to doctors and policemen for working 24 hours. We have succeded with hard work of all in preventing Covid-19 and saving lives of people. I support the
Bill.
SHRI BHARTRUHARI MAHTAB: Epidemic Disease Act is of 1897, is 123 years old. I know the exigencies of lockdown period but could a new Bill not be prepared relating to epidemic disease, which could have been of 2020 alone?
Kerala government and Odisha government had brought this Ordinance before
Union government. The Odisha government expanded it by not only giving care and protection to the healthcare sector personnel and others who are engaged in protecting, but purchases of material that was to be done also came into this fold. I would like to mention that Section 3 of the Epidemic Disease Act, amended to increase the imprisonment term but do we need to go thus far? This goes against the established principle of presumption of innocence and also it violates Article 10 of Universal Declaration of Human Rights of the United Nations. There is a need to give protection not only to the health workers, doctors, paramedics, and
ASHA workers, but police also.
SHRI GIRISH CHANDRA: I welcome the step of approving the Amendment on
Epidemic Diseases Act 1897 under the Article-123 of the Constitution by H.H.
President of India in the wake of attacks on Medical Personnel at various places during the last few days. The Government should give assistance to the families of such doctors, nurses, Asha workers, aanganwadi workers or police personnel who have died during COVID-19. As per the Ordinance, the Asha workers and aanganwadi workers should also be included as government employees like other personnel termed as health care personnel. A new Article 2A added to the Act restricts the violence against health care personnel and damage to their property and Article 3(2) has the provision of punishment. I hope that this Amendment shall not be misused.
DR. G. RANJITH REDDY: This Bill expands the definition to provide protection to COVID-19 frontline warriors. It also defines the ‘Healthcare Service
Personnel’. It is definitely a welcome step, but if you look at the definition clause, it says that this protection is extended only during the period of epidemic. But it is not fair to give the protection to our healthcare workers only till this pandemic exists. I request the hon. Minister to extend it till the existence of any epidemic. Regarding insurance coverage, I request the hon. Minister to extend it till the end of the year and also increase the insurance and ex-gratia amount by Rs. 1 crore to each. I will also request to make awareness about the disease in all the PHCs.
As far as clause 7 of the Bill is concerned, if any person is convicted of an offence committed against our COVID-19 warriors, the compensation has to be paid by him which is double the amount of market value. It works as a deterrent.
The Government should look into it. I will also request the hon. Minister to show some magnanimity towards Telangana and provide some financial assistance.
During Covid-19 pandemic, the final year student could not go to the library to study. So, I request the hon. Minister to look into it and give some grace marks and pass them as we are running short of doctors.
SHRIMATI SANGEETA KUMARI SINGH DEO: I would like to thank the hon. Prime Minister for introducing this much needed Bill. Our healthcare service personnel deserve the highest respect and encouragement for their service to mankind. The Bill seeks to restore the dignity and morale of our healthcare workers. It seeks to protect them from harassment and any kind of violence. The
Bill also includes stringent punitive provisions for acts of violence against the healthcare service personnel. Persons convicted under the Act will be liable to pay compensation for the loss of property. During the current COVID-19 pandemic, numerous ugly incidents of violence were perpetrated on the healthcare service personnel.
SHRI SUNIL DATTATRAY TATKARE: Thank you very much for giving me an opportunity to speak on Epidemic Disease (Amendment) Bill, 2020. Our
Maharashtra Government, under the guidance of Hon'ble Sharad Pawar ji has done a commendable job to control this pandemic. Maharashtra had to suffer losses due to a cyclone hit in Konkan and floods in Vidarbha, in addition to this Corona pandemic, but no central aid has been received in this connection. We expected that we will get GST returns as well as a special relief package in these hard times.
Artisans and workers in Maharashtra also need a special package. I would like to congratulate the Health Minister for bringing this Bill for protection of doctors.
SHRI P. R. NATARAJAN: This Bill has been brought to ensure protection and safety to the frontline health warriors like the doctors, nurses, paramedical staff, and health care professionals. This Bill also ensures timely completion of enquiry and penal action against those who were involved in violent activities against the medical professionals and health care workers of our country. In India, Kerala was the first State in the country to announce such a protective legislation for the welfare of health care professionals. The PM-CARES fund should be utilized for strengthening the health care system of the country. DR. HEENA VIJAYKUMAR GAVIT: I rise to support the Epidemic Diseases
(Amendment) Bill, 2020. Case fatality rate of COVID-19 in India is 1.7 per cent.
The world average rate is 3.5 per cent. The way our Government has acted upon this pandemic step-wise in a planned manner is truly appreciable. Our healthcare workers are working round the clock to protect, take care and cure the COVID-19 infected patients. Nearly 500 doctors have lost their lives due to COVID-19. Due to fake news and rumors, many healthcare workers were targeted and attacked by miscreants. As a doctor, I welcome this Bill. It is a very good step taken by the
Government.
SHRI SAPTAGIRI SANKAR ULAKA: The Epidemic Diseases (Amendment)
Bill, 2020 should also include police personnel. In my constituency we have three
COVID-19 hospitals. We have 10 ICU ventilators, but we do not have specialists; we do not have practitioners; we do not have anesthetists. The number of COVID- related deaths is under reported. We need to do something. Only setting up
COVID-19 hospitals is not enough, especially in Odisha.
SHRI RAM MOHAN NAIDU KINJARAPU: COVID-19 workers who have worked to defeat Corona across the country have made a huge contribution. I would like to thank them on behalf of me and my party. I also pay my homage to all those people who have lost their lives and I also sympathize with their families.
It would have been even better if we had brought the Act with a better purpose keeping in mind the circumstances of the future. Doctors or medical staff should get be protected. We are also providing compensation to those families in which people have died. This should be given in 30 days. Anganwadi workers, Asha workers and many other healthcare workers have made a huge contribution in this.
They all should be regularized. Police should also be included in this.
SHRI K. NAVASKANI: I have some concerns about this Epidemic Disease
(Amendment) Bill, 2020. The Bill states that such people who have been accused of committing violence against healthcare workers, as defined in the Act, must be presumed by the courts to be guilty of said offence unless proven otherwise. This provision of presumption of guilt of the accused may not be in the best spirit of law. The provision empowering the Government to inspect any transport vehicle might be necessary but in some cases the provision could be misused by the
Government arbitrarily. The Bill also provides for detention of any person travelling or intending to travel. This 'intending to travel' clause seems vague and again might be misused by the Government to curtail the freedom of movement of the people. A few sections of the Bill are questionable, draconian, and could easily be misused for targeting and harassment. At least, Sections 3C and 3D should be re-considered or removed till the Parliament has the opportunity to discuss all the sections of the Bill before it becomes a law. SHRIMATI ANUPRIYA PATEL: It is very unfortunate and shameful that our doctors, paramedical staff, healthcare workers are getting attacked by those people whose lives they are trying to save. For this reason, an ordinance was brought. It shows how sensitive and responsible the Government is because it is the duty of the Government to respect and protect the lives of our healthcare workers, paramedical staff and doctors. My only question is that whether the healthcare workers and sanitation workers working at our hospitals are included in this Bill whose life are in danger because of the exposure to the bio-medical waste and whether they are getting any benefit through this Bill?
SHRI HANUMAN BENIWAL: The Epidemic Diseases (Amendment) Bill, 2020 is being discussed in the House today. Certainly the whole world has been shaken by Corona. In the USA, Germany and Italy, the mortality rate has been very high.
But in India mortality rate has been much lower than the said countries due to the efforts of the government and by the grace of God. Our recovery rate is also good.
I would also like to thank Corona Warriors for this. When doctors and nursing staff were being attacked in different states, then there was a need for preventing these attacks. The government had brought an ordinance at that time which is being discussed for becoming an Act today. The Bill provides for punishment for those who attack health workers. I would like to thank the Home Minister of the country, the Minister of Parliamentary Affairs, in-charge of Rajasthan, Mr. Giriraj Singh and Dr. Sanjeev Balianji, that they all kept in constant contact with us during the crisis of Corona pandemic.
DR. SANGHAMITRA MAURYA: First of all I would like to thank the Hon'ble
Prime Minister and the Health Minister for providing assiostance in the situation of epidemic arising out of Covid - 19. In order to prevent attack on doctors and health workers, the Central Government issued an ordinance amending the Epidemic
Diseases Act. According to the ordinance, henceforth attack on health workers will be a non-bailable cognizable offence. This amendment is a safeguard for healthcare workers who stay away from their home family and children during the
Covid epidemic and continue to serve the country. A new section 2B has been inserted which provides for penalty and punishment for any violent act against health workers. This amendment will apply to all health workers, including doctors as well as ASHA workers. With this, the time limit for deciding the case has been set for one year.
SHRI GIRISH BHALCHANDRA BAPAT: Medical profession is regarded as a noble profession and it is not a business. During this corona pandemic we have witnessed that doctors are working for 10 to 20 hours daily through day and night. The patient’s relatives are clueless about the patient’s actual condition and they start misbehaving with doctors and medical staff if the patient could not survive due to various medical reasons. I believe that doctors will feel safe and secured due to this Bill. I would like to salute and congratulate all the doctors, nurses and paramedics for their relentless and prompt services.
DR. RAJDEEP ROY: I would like to support the Epidemic Diseases
(Amendment) Bill, 2020 which has been brought to amend the Epidemic Diseases
Act, 1897. The old Act did not deal with the violence and the harassment meted out to the healthcare providers. So, in order to curb the acts of violence, including physical and mental harassment and damage to properties during the COVID-19 pandemic, the new Bill had become an urgent need. This has come out in the open in the discussion today in the Parliament. They have been stigmatised, and many of them were forced to leave their homes. This time, this happened not only against the patients but also against the healthcare workers. Their morale have been badly hit. The Government under the leadership of Modi-ji have stood behind the frontline workers. This Bill provides for a non-bailable offence against the perpetrators; it also provides for a punishment of about three months to seven years, and even a fine of Rs. 50,000 to Rs. 5 lakh. The time given to the police for inquiry is only 30 days. The trial should complete in one year. Lastly, I would like to offer my condolences to all the family members of those bereaved ones of
COVID-19 and thank the healthcare workers.
DR. UMESH G. JADHAV: I am a doctor myself and I have seen attack on
Aanganvadi workers and on ambulances. I am thankful to the Hon. Health Minister for bringing this wonderful Bill. I am thankful to medical professionals, police and
Corona Warriors also who have been doing a great work in these pandemic times.
This Bill is going to strengthen their morale and they will do a better service with confidence.
SHRI ANNASAHEB SHANKAR JOLLE: Incidents of attacks on Corona
Warriors and doctors during these pandemic times have been reported from some places. This Bill will definitely ensure the safety of the health professionals. The
Government has made some provisions in this Bill to address the problems being faced by the healthcare workers but health insurance cover announced by the
Government does not cover Anganwadi workers. I request the Government to include Anganwadi workers in the health insurance cover as well.
ADV. AJAY BHATT: Our doctors and Corona Warriors worked day and night to serve the people by risking their own lives during this epidemic. It was heart breaking when incidents of attacks on doctors were reported from some places.
This Bill will strengthen our doctors. It is a historic Bill. The House should be unanimous over it because it is a very important Bill.
SHRI PARBATBHAI SAVABHAI PATEL: This Bill has been introduced to amend the Epidemic Diseases Act, 1897 for the first time. I congratulate the Hon.
Prime Minister and Health Minister for bringing this Bill. Through this Bill a provision has been made to punish those trying to harm the healthcare personnel who work tirelessly to serve the people of our country. I express my gratitude towards them and support this Bill.
DR.SUJAY VIKHE PATIL: Being a doctor first of all I thank all the Health care worker and want to say that the doctors, nurses, sanitation workers, ASHA workers and Aanganwadi Sevikas contributed a lot during COVID-19 epidemic. I pay my homage to the Corona warriors who sacrificed their lives. I myself had done duly in the ICU of a COVID designated hospitals for 15 days. It has been alleged that the private hospitals charged exorbitantly from the COVID patients. Its reason was that the hospitals have to pay Rs.25,000 per head for engaging manpower. Cost of everything escalates due to shortage of manpower. Therefore this allegation is not correct. Doctors and nurses served the patients by putting their lives in danger.
Government employees did tremendous job but I regret that people's representatives were not taken into confidence as to what is happening. One senior member of Parliament from Maharashtra said that nothing came from the PM
Cares Fund. The central government released PM COVID Fund to Maharashtra as
National Health Mission Funds but that may not be known to some Member of
Parliament. At least 50 ventilators came in every district hospital from PM Cares
Fund. I thank the Prime Minister Health Minister and his entire team for handling the situation properly. If lock down for two months had not been imposed the situation would have turned worse. This Bill protect the Health Care Workers. I request that the way Health Insurance Cover has been extended to Doctors of
Government Hospitals similarly it should be provided to the doctors of private hospitals as well because about 350 doctors of private hospitals also lost their lives.
SHRIMATI JASKAUR MEENA: This global epidemic is creating fear amongst the people of India but the hon. Prime Minister is working to bring the country together. There is a need to enact some stringent laws for protection against this epidemic. Our Aasha workers, Aanganwadi workers have been working even harder than the Doctors. They have spread awareness amongst the people but they are extremely underpaid. We must provide protection to them also. Our Social
Organisations, Doctors, Police, Supporting staff, health workers and sanitary workers have worked very commendably in this pandemic times. These social organizations play the front role for co-operation and help in our country.
SHRI RAMESH BIDHURI: The Hon. Prime Minister has worked on to strengthen the will power of the nation to deal with this pandemic. Hon. Minister of Home Affairs has himself taken the lead in this time of COVID-19 pandemic and this has boosted the confidence of workers, social service institutes and organizations. Under the Vande Bharat Mission almost 20 lakh people have been brought back to India by air and ships. In this time of epidemic, India has given a message to the world and I would like to congratulate hon. Prime Minister for this. I am hopeful that by passing an amendment through this Bill we will further enable ourselves to improve our will power and social power.
SHRI SUBHASH CHANDRA BAHERIA: Bhilwara Lok Sabha Constituency has become a topic for discussion around the world. This pandemic started from
Bhilwara and the same was also controlled in Bhilwara. The people of Bhilwara have co-operated with each other and have worked alongwith the social organizations. I express my gratitude to everyone. Some anti social elements committed violence and staged protests in hospitals. This law has provided a lot of mental strength to the Doctors, Nursing Staff and Corona warriors.
SHRI JAGADAMBIKA PAL: By passing the Epidemic Diseases (Amendment),
Bill 2020 we are appreciating efforts made by Doctors, ASHA workers and Arogy
Sevaks. When there is no vaccine for this disease, there is no alternate for its treatment to except follow social distancing and to confine yourself. In such circumstances, doctors and health workers across the nation came to save the life of patient by wearing PPE kits and putting their lives at risk and they rendered their services in congested areas. They had to conduct Rapid Antigen or Corona test.
The way, they were attacked, it was indeed felt by functionaries that it is not an attack on a doctor, nurse and Arogya Sevak but it seems that attack is carried out on our family or on us. This is why, our Government has introduced this bill. This would ensure safety of doctors and health workers. KUNWAR PUSHPENDRA SINGH CHANDEL: I thank Respected Prime
Minister and Dr. harsh Vardhan who provided required goods and assistance and helped 130 crore people to stay connected by taking prompt decision and the people of the country followed each and every instructions in this regard. At the time when the House was adjourned last time due to Corona epidemic, we witnessed that some people were going their home on bicycle or on foot. I saw that rich people and social organisations worked for them but farmers, poor labourers of the villages in the way provided water in buckets and helped them as per their status, poor people of villages were giving biscuits to everyone by standing on roads in scorching heat. Mothers and sisters of villages were providing milk to those having kids. People of the entire country were helping everybody who was on the road assuming them as their family members. Food for the needy was arranged by our gurudwaras, social orgnaisations and our Rashtriya Swyamsewak
Sangh. Facilities on such a large scale are not possible to be arranged normally without a strong network. Around three hundred fifty doctors sacrificed their lives while providing treatment to Corona virus patients. I think that each and every citizen of the country stand by them wholeheartedly to support this bill providing adequate protection for them.
PROF. ACHYUTANANDA SAMANTA: From doctors, paramedical staff, nurses, technicians and sanitation workers to police personnel, everyone is contributing so much that I have no words to express my gratitude to them. The
Government should ensure that no one should utter a single wrong word against the covid warriors. If someone says the wrong word, then the Government should make such arrangements that that man should be given the maximum punishment.
It is necessary to motivate Corona warriors .
SADHVI PRAGYA SINGH THAKUR: The role of doctors in the Corona epidemic was of paramount importance as it was a battle for health. It was a battle of life and death. Doctors play a direct role in this battle. Our doctors have worked as a soldier. Many doctors who became Corona positive have sacrificed their lives.
I always salute such warriors and respect their feelings.
SHRI BHOLA SINGH: It is commendable that all our respected MPs in their fields alongwith our doctors, nurses, hospital staff and social workers as corona warriors in the country have given the proof of unity by making their contribution to the country. I congratulate all my countrymen for their contribution in fighting corona.
SHRI ADHIR RANJAN CHOWDHURY: Our health workers and doctors are being attacked. This is a very sad situation. Many of our doctors and health workers have also lost their lives. I had also demanded that these people be given the status of martyrs. It is a matter of concern for all of us as to why the people engaged in providing service to others are being attacked. We definitely want that action should be taken against those who commit crimes or injustice, but while taking action, it should be kept in mind that citizens of our society also have rights.
The Ordinance could have been the first step towards ensuring protection to healthcare workers permanently even beyond the pandemic. Instead, what the
Government has created is a clone of already existing and repealed draconian laws by inserting a reverse onus clause. While establishing a case against the accused , it is incumbent upon the prosecution to prove the existence of mens rea or criminal intent . But this Ordinance flips the principles of criminal law on its head. I am concerned with Sections 3(C) and 3(D). I request the Honorable Minister that you must see these sections. Therefore, I would request the Government not to make haste in passing this Bill, and it should be sent to the Standing Committee, and got it vetted properly and after that, the Government should bring a comprehensive legislation. This is my request.
Dr. HARSH VARDHAN replying said: The Government invoked Epidemic
Diseases Act, 1897 as the situations prevailing then and now in the year 2020 bear some similarities. The Act was introduced by the British Government following cases of bubonic plague that had spread in the erstwhile Bombay Presidency. Amid the lockdown the disturbing incidents of Corona warriors visiting quarantine centers or for surveillance, testing or taking samples being chased, beaten up, hurt and humiliated were also reported and there was stigmatisation, ostracization, discrimination of doctors and other medical staff who are at the forefront of fighting the contagion and were forced out of their homes by their landlords fearing infection. In such circumstances there was a need to bring an amendment through an ordinance. Since health is a State subject, it is necessary to seek opinion of all the State Governments for drafting the National Public Health Act which is in process. We also covered ASHA workers in this Act and provided for insurance of 22 lakh health workers across the country. The test throughput of Cobas analyzer enabled us to conduct 1000-1200 tests in a day. Under the act, temporary provisions or regulations can be made to be observed by the public to tackle or prevent the outbreak of a disease. In case a grievous hurt or injury is caused to a
Healthcare Service Personnel, it shall attract punishment and imprisonment with fine. Such offences will be investigated by a senior Police Officer and the trial will have to be completed in one year. All the State Governments have been empowered by the Union Government to file the case for settlement of insurance claim in case of death of a Corona Warrior with the Centre. However, the data of the settled claims can be obtained from the State Governments only. Pradhan
Mantri Atmanirbhar Swasth Bharat Yojana will lead to strengthening of the disease surveillance system and escalating the number of Infectious Diseases hospitals in the country. Our scientists are also doing research on the genome sequencing of the virus, to understand if the virus is changing its pattern. With a renewed energy and a fresh resolve let us all extend our deepest gratitude to the Corona warriors and ensure that we shall cooperate with them to tide the country over the Covid-19 crisis.
The Resolution was negatived.
The Bill was passed.
------
STATUTORY RESOLUTIONS
Re: Disapproval of the Homoeopathy Central Council (Amendment) Ordinance,
2020 (Ordinance No. 6 of 2020)
And
THE HOMOEOPATHY CENTRAL COUNCIL (AMENDMENT) BILL,
2020
(As passed by Rajya Sabha)
AND
Re: Disapproval of the Indian Medicine Central Council (Amendment) Ordinance,
2020 (Ordinance No. 7 of 2020)
And THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) BILL,
2020
(As passed by Rajya Sabha)
ADV. DEAN KURIAKOSE moved that this House disapproves of the
Homoeopathy Central Council (Amendment) Ordinance, 2020 (Ordinance No. 6 of
2020) promulgated by the President on 24 April, 2020.
THE MINISTER OF HEALTH AND FAMILY WELFARE;
MINISTER OF SCIENCE AND TECHNOLOGY AND MINISTER OF
EARTH SCIENCES (DR. HARSH VARDHAN) moved that the Bill further to amend the Homoeopathy Central Council Act, 1973, as passed by Rajya Sabha, be taken into consideration.
ADV. DEAN KURIAKOSE moved that this House disapproves of the
Indian Medicine Central Council (Amendment) Ordinance 2020 (Ordinance No. 7 of 2020) promulgated by the President on 24 April, 2020.
DR. HARSH VARDHAN moved that the Bill further to amend the Indian
Medicine Central Council Act, 1970, as passed by Rajya Sabha, be taken into consideration.
DR. SHASHI THAROOR initiating said: I would like to oppose both of these
Bill in one speech. First this Government has this habit of repeatedly relying on the
Ordinance route to bypass the scrutiny of Parliament. I must say, it is necessary that the requirement spelt out under Article 123 of the Constitution must be met before resorting to the extraordinary step of promulgating an Ordinance. Section
57 (1) of the National Commission for Homoeopathy Bill calls for the
Homoeopathy Central Council Act, 1973 to stand repealed, and the Central
Council of Homoeopathy constituted under Section 3 of the said Act to stand dissolved. This defeats the whole objective of the discussion we are having on this
Ordinance today because if the Central Council shall cease to exist in the first place, why are we bringing in a law that extends their tenure? The initial move to supersede the Central Council in 2018 was meant to bring transparency, accountability, and quality within the Homoeopathy education system. The
Government has achieved the opposite, by not following any democratic procedures in establishing the Board of Governors, and then exercising complete control over it. There is no specific criteria or adequate representation of the Board of Governors. The Bill to constitute the National Commission provides for an interface between the Indian System of Medicine, Homoeopathy, Yoga and
Naturopathy, and modem systems of medicine. This essentially means that the
Indian Medical Association is concerned that giving such AYUSH Doctors the ability to prescribe Allopathic medicines and perform Allopathic procedures will officially amount to legitimisation of 'quackery', and lower the standards of rural health. The regulatory mechanism is unclear thanks to the setting up of National Commissions for both these areas. I would also request the Government to either subsume the function of the Central Councils within the respective National
Commissions or establish a single body for each of these fields with adequate representation from the States and from all relevant institutions. This alone will ensure greater transparency, better accountability, and a higher quality of practice and education in these fields of medicine in the country.
SHRI ARVIND SAWANT: The Government has brought this Bill with good objectives because even after being MBBS doctors, they do not go to villages for internships. If he gets posted in the village, he comes to political parties and says that he has been posted in the village, so please, do something. Even today, we meet such people. If any doctor of Homeopathy, Ayurveda or Indian Medicine is posted in the PHC centers then people will get the facility. At least they will be attended immediately.
SHRI. B.B. PATIL: The Government intends to supersede the Central Council of
Homoeopathy and it wants to reconstitute another council in a time-bound manner.
As a stop-gap arrangement, the affairs of the Central Council are entrusted to the
Board of Governors. Through this amendment, the Government is extending the existing period from two years to three years. Homeopathy is a system of medical treatment in which there are no side effects. The Homeopathy System of Medicine has to be promoted in a big way and in order to achieve this, we have to increase the number of Homeopathy Colleges across the country and more particularly in the State of Telangana and make these colleges as institutes of national importance.
DR.T. SUMATHY (A) THAMIZHACHI THANGAPANDIAN: My objections regarding the first Bill is that it is a direct assault on the State's right. The Central
Council for Indian Medicine was a democratic body constituted by the Indian
Parliament where the States were represented through elected Members. However,
Members will now be nominated by the Central Government and this democratic system will come to an end. The health is a State subject and medical education is a Concurrent subject. You should give equal responsibility to the States in this arena. There are, at present, more than 200 Ayurveda colleges. There is a Central
Council Research in Ayurveda and Siddha and similar Councils for Unani,
Homoeopathy, Yoga and Naturopathy. These should be clubbed together to make it an Institution of National Importance. India is becoming the global hub for homoeopathic education and training. I would like to urge the Union Government to allocate Rs. 100 crore for the development of National Institute of Siddha in
Chennai; and I would request the Government to grow medicinal plants and herbal parks in Kolli Hills, Kuttralam,Yelagiri hills and Hogenakkal in Tamil Nadu. I would also urge the Government to give more funds to State Governments for the
AYUSH colleges and dispensaries in Tamil Nadu. SHRI KURUVA GORANTLA MADHAV: I would like to request the hon.
Minister to kindly include the representatives of the State Governments in a balanced and equitable manner to ensure the interests of the State are kept in mind.
We need to fully address the issue of fake Ayurvedic doctors in this sector because it allowed even a non-qualified person to practice Indian System of Medicines without qualifying an entrance test. It is a small step towards the bigger reforms so that the people fully trust the Indian System of Medicine. Ayurvedic exports should be promoted. The Government should also further expand the reforms in the traditional systems of medications existing in South India. The Bill will help the sector to enhance the credibility of the Indian System of Medicines.
KUMARI RAMYA HARIDAS: There should be strict guidelines about the Exit
Test. There should be a special consideration for backward communities, SCs and
STs. The Government should clarify before implementing and passing this Bill.
Each State should get representation in this Body. The Government should discuss the matter of fee structure with students' representatives also.
DR SUNIL DATTATRAY TATKARE: In our country, we have been practicing
Ayurveda for ages and years. Now due to this corona pandemic, people have started using homoeopathy and it is really helping the corona patients. Kerala state has developed special Ayurveda medical system. In Maharashtra doctors have helped and cured a lot of patients. I request the Government to start an Ayurveda and homoeopathy college in my constituency Raigad.
RAM SHIROMANI VERMA: I would like to draw the attention of the government to the Homoeopathy Cental Council(Amendment) Bill, 2020. The persons belonging to the scheduled castes, the scheduled tribes and the minorities are deprived of the medical facilities. The homoeopathic hospitals/dispensaries should be opened for them in the backward areas. The homoeopathic health awareness programmes should be run in these areas. The benefits of Aayushman
Card Yojana should be e provided to the deprived people. The students of BHMS should be allowed to start their practice from the fifth year on the lines of MBBS students. The government should take measures to ensure the quality of the homoeopathic medicines so that not only the patients using homoeopathic medicines but also the doctors practicing in homoeopathic medicine are benefitted by it. The Public Research Centre under Jan Aushadhi Yojna, research centres in the field of Ayurveda and Homoeopathy and medicine production centre should be opened in my constituency. The Government should meet the demands of medical facilities and increase the number of facilities been given to the existing doctors in our country.
SHRI HAJI FAZLUR REHMAN: The Bill requires the constitution of the Board of Governors and experts of all medical fields should be in the board. The syllabus and examination pattern for admission to Ayurvedic and Unani systems of medicine should be different. The imperative of passing in Urdu language at the time of admission in Unani system of medicine should be abolished and Urdu education should be imparted in the first year so that seats are filled up and more students could seek admission. The Exit Exam System is not appropriate after passing the MD, MBBS and BAMS exams. Ventilators and dialysis facilities should be provided in medical hospitals, Ayurvedic and Unani hospitals. Salary and allowances of nurses, ward boys and paramedical staff of hospitals in rural areas should be made in line with the salary and allowances of urban hospitals. The government's Jan Aushadhi facility in my Lok Sabha constituency should be strengthen.
SHRI ANUBHAV MOHANTY: I support the bill and want autonomy of council so that transparency could be maintained. I request for an integrated framework and create a middle path between the modern and traditional system. A plan for the seamless integration should be developed expeditiously in view of the massive drive for achieving Universal Health Care in the country. I request to take homeopathy to a different level.
SHRI BHARTI PRAVIN PAWAR: The National Commission for the Indian system of Medicine Bill, 2020, is to make our own indigneous medicine system world class. Today, we need to research and disseminate the knowledge provided by our culture. I support the Bill.
DR. ALOK KUMAR SUMAN: The Homeopathy Central Council Amendment
Bill primarily indicates five points - Medical education, Development and Control of medical professional and medical institution of Homeopathy, Availability of adequate number of high level homeopathy medical professionals. Adoption of latest medical research by homeopathic medical professionals, periodic evaluation of medical institutions and establishment of effective grievance redressal system.
Government of India has signed a memorandum of understanding with 23 countries to cooperate in the field of medicine and Homeopathy. This will especially benefit all citizens of the country with an as affordable medical education. I support the Bill.
DR. HARSH VARDHAN replying said: The National Commission for
Homoeopathy and Indian System of Medicine Bill has been passed in this House during this session itself. As National Medical Commission had been constituted for modern system of medicine, similarly National Commission for Indian System of Medicine and National Commission for Homoeopathy- these two Bills have already been passed by the Rajya Sabha and now from this House as well. Board of Governors has been set up with regard to homoeopathy. The reason behind is the corruption prevailing over there. Board of Governors has to remain there till the process is completed for the National Commission for which Bill has been passed. As of now, inspection process is going on for the year 2020 and 2021, be it for homoeopathy, ayurveda or medical colleges of other Indian systems. This has been passed by the Parliament to ensure that this process may go on properly and simultaneously the process for a national commission moves on rapidly. All the concerns raised here have been addressed in detail in the National Commission.
The Government is fully committed for all positive concerns. The Government intends to take the progress of medical education to its zenith. It intends to promote
Indian System of Medicine- Aayurveda, Yoga, Siddha, Naturopathy and
Homoeopathy at the same level as that of modern system. The Government intends to ensure standards of education, high quality and reforms in all the systems. We aim to take Indian systems of medicine to international parameters and this is the commitment of the Government towards which all these efforts are being made. In the Bill, there is everything about representation of the States or the powers or we will check corruption because there is a fixed tenure. Many things have been answered in that, including the point of the bridge course. There is nothing like a bridge course in this. Therefore, I request all the hon. Members to pass these Bills.
The Resolution was negatived.
The Bills were passed.
SNEHLATA SHRIVASTAVA Secretary General
© 2020 BY LOK SABHA SECRETARIAT NOTE: It is the verbatim Debate of the Lok Sabha and not the Synopsis that should be considered authoritative.
English and Hindi versions of Synopses of Lok Sabha Debates are also available at http://loksabha.nic.in.