Bill to ease out encroachers from govt premises passed in Lok Sabha
25 Feb 2015 6:49 AM IST
The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2014, already approved by the Lok Sabha during the winter session of Parliament last year, was passed in the Rajya Sabha by a voice vote.
The law aims to empower the Delhi Metro Rail Corporation, other public transport companies of Delhi Government, New Delhi Municipal Council and major port trusts to get their properties and premises evicted of unauthorised companies in a speedy manner.
The passage of the measure, however, saw a procedural wrangle raised by CPI(M) member P Rajeev, who was supported by Congress leaders K Rahman Khan and Anand Sharma.
Moving the Bill, Urban Development minister, M Venkaiah Naidu said: “Three amendments were brought in 1980, 1984 and 1994. The fourth amendment that we are moving is for the speedy eviction of unauthorised occupation for the purpose of developing public infrastructure only.”
As the minister moved the bill, P Rajeev of CPI(M) said the debate cannot take place as the
government has inserted a new clause which the Parliamentary Standing Committee has not dealt with.
“This is a new clause. That’s why I submitted a notice. It should be considered. This notice is there to ensure the basic principles of democracy...Now the government, which has majority in the Lok Sabha is sending bills without referring to the Parliamentary Standing Committee,” Rajeev said. Deputy chaiman P J Kurien said: “Once a motion for consideration of the bill is moved, a motion for Select Committee should come as an amendment. Now, the Bill is already moved. What you are bringing forward is anyway an amendment for which I need one-day notice.”
But Rajeev did not yield to the Chair and raised a point of order.
Supporting the Rajeev’s notice, Congress deputy leader Anand Sharma said: “I think there is grey area. More clarification is required for the benefit of members. The bill is not exactly what it was earlier.”
K Rahman Khan (also Congress) said: “A new clause has been added which has far reaching effect. For example, if it is for Delhi Metro, nothing prevents the government to mention Delhi Metro. Now, they are bringing it forward for all. It is not only the public sector undertakings, but also undertakings with 51 per cent government shareholding.”
“There may be small companies and PSUs with 51 per cent shareholding, which may be loss-making companies. They will misuse this provision and that will have a greater effect.
“...So, do not make it a general provision. My request is that please do not make it a general provision,” Khan added.
There were arguments for brief period between the Chair and the Opposition members on the issue of notice, following which the Chair finally gave a ruling settling the matter. Responding to Rajeev’s remark that this notice should be considered to ensure the basic principles of democracy, Naidu said: “...We should have a thorough discussion and then pass legislations in the larger interest of the people. Blocking legislations, time and again, will not help democracy and the people of the country.”
Explaining the new clause, the Minister said: “For example, Delhi Metro is held by both the Central government and the state government. If Delhi Metro is expanded to Faridabad and Gurgaon, then other states also come in. Keeping such an eventuality, this provision has been brought in.”
The law aims to empower the Delhi Metro Rail Corporation, other public transport companies of Delhi Government, New Delhi Municipal Council and major port trusts to get their properties and premises evicted of unauthorised companies in a speedy manner.
The passage of the measure, however, saw a procedural wrangle raised by CPI(M) member P Rajeev, who was supported by Congress leaders K Rahman Khan and Anand Sharma.
Moving the Bill, Urban Development minister, M Venkaiah Naidu said: “Three amendments were brought in 1980, 1984 and 1994. The fourth amendment that we are moving is for the speedy eviction of unauthorised occupation for the purpose of developing public infrastructure only.”
As the minister moved the bill, P Rajeev of CPI(M) said the debate cannot take place as the
government has inserted a new clause which the Parliamentary Standing Committee has not dealt with.
“This is a new clause. That’s why I submitted a notice. It should be considered. This notice is there to ensure the basic principles of democracy...Now the government, which has majority in the Lok Sabha is sending bills without referring to the Parliamentary Standing Committee,” Rajeev said. Deputy chaiman P J Kurien said: “Once a motion for consideration of the bill is moved, a motion for Select Committee should come as an amendment. Now, the Bill is already moved. What you are bringing forward is anyway an amendment for which I need one-day notice.”
But Rajeev did not yield to the Chair and raised a point of order.
Supporting the Rajeev’s notice, Congress deputy leader Anand Sharma said: “I think there is grey area. More clarification is required for the benefit of members. The bill is not exactly what it was earlier.”
K Rahman Khan (also Congress) said: “A new clause has been added which has far reaching effect. For example, if it is for Delhi Metro, nothing prevents the government to mention Delhi Metro. Now, they are bringing it forward for all. It is not only the public sector undertakings, but also undertakings with 51 per cent government shareholding.”
“There may be small companies and PSUs with 51 per cent shareholding, which may be loss-making companies. They will misuse this provision and that will have a greater effect.
“...So, do not make it a general provision. My request is that please do not make it a general provision,” Khan added.
There were arguments for brief period between the Chair and the Opposition members on the issue of notice, following which the Chair finally gave a ruling settling the matter. Responding to Rajeev’s remark that this notice should be considered to ensure the basic principles of democracy, Naidu said: “...We should have a thorough discussion and then pass legislations in the larger interest of the people. Blocking legislations, time and again, will not help democracy and the people of the country.”
Explaining the new clause, the Minister said: “For example, Delhi Metro is held by both the Central government and the state government. If Delhi Metro is expanded to Faridabad and Gurgaon, then other states also come in. Keeping such an eventuality, this provision has been brought in.”
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