PREVIOUS HOUR

TMV-MCM/2D/2.10

 

The House re-assembled after lunch

at eleven minutes past two of the clock,

MR. DEPUTY CHAIRMAN in the Chair.

 

--------

THE ELECTRICITY (AMENDMENT) BILL, 2007

 

MR. DEPUTY CHAIRMAN: Now we shall take up the Electricity

(Amendment) Bill, 2007 for consideration.

THE MINISTER OF POWER (SHRI SUSHILKUMAR SHINDE): Sir, I beg to move:

That a Bill further to amend the Electricity Act, 2003 as passed by the

Lok Sabha be taken into consideration.

 

Sir, the power Sector is one of the most critical infrastructures for economic and social development. Reforms in the power sector have been attracting greater attention in the last few years with a view to revive financial viability of the sector and to universalize access to electricity. Enactment of the Electricity Act, 2003 was one of the major reform initiatives taken by the Government. Provisions of the Electricity Act, 2003 have been generally welcomed by various stakeholders. The liberal and progressive framework for the power sector as provided by the Act has had a positive impact on the financial health of the utilities, investment in the sector and focus on consumer-related matters.

For considering the feedback received from the States, the National Common Minimum Programme of the UPA Government envisaged a review of the Act. This exercise has been done and the amendments to the Act now proposed are mainly for following up the review of the Act.

After its introduction in the Lok Sabha, the Amendment Bill was examined by the Standing Committee on Energy. A Group of Ministers also examined afresh the provisions relating to control of theft and unauthorized use of electricity. Government, after considering recommendations of the Standing Committee and those of the Group of Ministers, brought further amendments to the Bill. The Amendment Bill, as passed by the Lok Sabha, contains provisions for meeting the following objectives:

(i) It is proposed that the Central Government also shall, jointly with State Governments, endeavour to provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of households. Central Government has already launched the 'Rajiv Gandhi Grameen Vidyutikaran Yojana' for supporting States in creating rural electricity infrastructure and electrification of households with the provision of 90 per cent capital subsidy to fulfill the objective of the NCMP of electrification of all households in next five years.

(ii) The Act presently provides for reduction and elimination of cross subsidies. Rationalisation of electricity tariff is essential for making the sector financially viable and for promoting energy efficiency. We have already prescribed a road-map for time bound reduction of cross subsidies in the Tariff Policy. However, elimination of cross subsidies would not be feasible in the near future. Therefore, it is proposed to delete the provision of elimination of cross subsidies.

(iii) A number of amendments proposed in the Bill are being brought with the objective of further tightening the provisions for control of theft and unauthorized use of electricity. While formulating these amendments, we have also considered the experience and suggestions of fvari0us States particularly, West Bengal. Due care has been taken to ensure time-bound disposal of matters. To safeguard against harassment of the consumers, only the officers authorized either by the State Governments or State Regulatory Commissions will have powers to discontinue supply of electricity, etc.

(iv) One more amendment proposed in the Bill is to clarify that captive power plants are free to sell their surplus power without a license. This is required in view of a judicial pronouncement.

Sir, I now request the Hon'ble House to consider and pass the Electricity (Amendment) Bill, 2007 as passed by the Lok Sabha.

The question was proposed.

(Followed by VK/2E)

GS-VK/2E/2.15

ֵ ֺ (ָӛ) : ֮־֤ ֳ֯ן ߅ , ׾֪ (ӿ֮) ׾֬, 2007 ָ ֮ ׾ָ֓ ֮ ָ פ, ׻֋ ֯ ֳָ ֳ֯ן , ׾֪ ׾֬, 2003 ֲ ֻ֟߮ ֛ߋ ָָ ׾֪ ӡ ӟ ߟ ֤ ß , ֌ ֮ ׾ָ֓ ֮ ָ פ ֵ օ ִֵ ãֵ ֤ߵ ״ן ֤õ ֮֮ߵ ӟ ׾֬ ֮ ׾׳֮ ֕ Ӥ ו֮֟ Ù 껛 ׾֪ ײֻ ֮ ӲӬ , ֕ ׾֪ , ׾֪ ֤ և , ԓָ ׮ֵ֮ , ֳ ִ ֵ ֵ֮ ֤ 2003 ׾֬ ֤ ׸ ֵ օ ִֵ ׾֪ ׸ִ ֮ ׻֋ ײֻ ֵ ֵ , ֮ ׻֋ ןָ օ

ֳ֯ן , ײֻ ϴ ֻ ӓ ֳ ָ ײֻ֕ ֵ ֳ ֳꌟֆ ־ָ ֮ ׾֪ ד֟ 滵 ָ ֵ 2012 ן ׌ ׾֪ ֵ , ָ ֙ ֵ , ׾֬ ֲ ֯ ֟ ִ ׾֪ ߅ ֌ ֮ 2003 ֤֕ 56 ֤ ֓ ָ Ӿ , ָ ײֻ֕ ߅ ׾֬ ִ֬ ֻ ӓ ׻֋ ָ ױ ֵ ֳ Ӿ ײֻ֕ և ֵ ־ ֕ ו֮֟ ׾֪ , Ԛ ֤, ״ֿ֮ ׾ָ֟ - ãׯ֟ ֵ

ֳ֯ן , ֳ ֮ ׻֋ þֳ׾ 2012 ן׸ ־֙ ײֻ֕ ־ֿ ֵ ߅ ׾֬ ִ֬ 2011-12 ־֙ ײֻ֕ ־ֿ ֵ , ׻֋ ן׸ ӓ ֵ ׮־ ־ֿ ֵ ׾֬ ָ ׮֕ ׾֤ ׮־ פ ֵ օ ӿ֮ ׾֬ ׬׮ִֵ, 2003 ןֵ֯ ־֮֬ ӿ֮ ׻֋ ֵ ֵ , ו ו ֤ օ

ֳ֯ן , ֕ ָ ׾ ӓ־ ֲ ֛ ײֻ֕ ֳ ֻ ָ ׸, ߮, ֮֯ ֤ ã֮ , ָ (2 ָ ָ)

-VK-GS/SC-RG/2.20/2F

ֵ ֺ (֟) : ӓ ״ֻ 51 ןֿ֟ ײֻ֕ ֵ ׮ֵ ׾ֿ ֮ ֮ ֻ ָ ִָ ָ ã֮ ָ ֋ ֮ ׸ ߮ ֤ ָ ׾ ָ ֋ ָ ײֻ֕ ־ֿ ֲ ֤ ߅ , ֕ ָ 1,29,082 ־֙ ײֻ֕ ֤ 8 ֓ 2007 , וִ ֻ ׾֪ ִ֟ 34,086 ־֙ ֮ 26 ןֿ֟օ ֯ ׾֪ וִ ֻ ֟ , ִ 84,905 ־֙ ֮ 66 ןֿ֟օ 挻ߵָ ָ ִ֟ , 3,900 ־֙ , ֮ ߮ ןֿ֟ ָ׸ 6,191 ־֙, ֮ 5 ןֿ֟ , ָ 31 ֓ 2006 ָ 1,24,287 ־֙ ײֻ֕ ֤ օ ֮ ֡ 4000 ־֙ ײֻ֕ ֮ ֤ ֜ ֋ , ֕ ו ׾ , ו ָ ׾ ֜ - ֕ ִָ֓ ֡ ֵ ӛÙ ָ ׾ 12 ןֿ֟ ָ ֵ - ָ ׾ ָ ֮ ׾֪ ֤ ׾ , ָ ןֿ֟ ߲ ׯ֔ ֵ , ָ ƴָ 2012 1,00,000 ־֙ , ֯ ׻֋ ־ֿ ײֻ֕ ֤ , ָ ױ , օ ־ ӓ־ ֮ ָ ׾֪ ֤ , 41,110 ־֙ ֵ , וִ և 14,393 ־֙, ֯ ׾֪ 25,417 ־֙ 挻ߵָ 1300 ־֙ ֤ ֵ օ ָ , ־ ӓ־ ֮ ֮ ָ ֱ 56 ןֿ֟ ײֻ֕ ֤ ֋ , ֮ 23, 250 ־֙ ׯ֔ ӓ־ ֮ ֋ וִ և 8,186 ־֙, ִԻ 13,664 ־֙ 挻ߵָ 1400 ־֙ ֋ ָ ׯ֔ ӓ־ ֮ֆ ֚ ӓ־ ֮ ָ 3,538 ־֙ , ִ ֡ 54 ןֿ֟ ֋, ֮ 16,423 ־֙ ֤ ֋ ָ ӓ־ ׾֪ ֤ 40,245 ־֙ , ִ ֱ 19,015 ־֙, ֮ 47 ןֿ֟ ֋ ־ ӓ־ ֮ , ִ 56 ןֿ֟ ֋ ָ 11 ӓ־ ֮, 2007 2012 , ן ֬ 68,867 ־֙ ֵ וִ և 15,585 ־֙, ִԻ 50,124 ־֙ 挻ߵָ 3,160 ־֙ ָ ߮ ӓ־ ֮ֆ ָ ֟ ӓ־ ֮ ֵ , ֮ 50 56 ןֿ֟ ֮ ֋ ָ 2011-12 ָ ׾֪ ־ֿ ׮֬׸ ֺ ֯ , ֳ ײֻ֕ ָ ֳꌟֆ ֋ , ֮ ֲ 2011-12 9,75,222 ״׻ֵָ ײֻ֕ ־ֿ ߅ (2-֯ ָ ֟)

MP/2G/2.25

ֵ ֺ (֟) : ׻֋ 2 5 ָ ־ ײֻ֕ ֤ օ ָ ָ 2016-17 ֟ , ָ ײֻ֕ ־ֿ ֜ 132 ״׻ֵ֮ ֋, וִ 2 76 ָ ־ ײֻ֕ ־ֿ ߅ , ָָ ֮  ׮֬׸ , ִֵ ָ ֕ ֟ ֻ ֻ֟߮ Ϭ֮ ӡ ײָ ֕֯ ָ ָӛ , ӛ ֻ֮ ִԻ ־ָ ָ֮ ә ײָ .... Ӿ ә ָ֬׿ֻ և , ֤ .... ӛ ֮ , ָ ֙ ָ ִ ָ , ֲ ָӛ ã֮ , ןפ ֮ ֻ ӕֲ ׾ָ֪֑ , פ ֟ ָ ־ָ ә ӛ 2000 ־ , ָ ִֵ ָ פ ֟, ֻ פ ֟ ־ָ ϛ ָ֮ ָ ״ֿ֮ ָ ײֻ֕ , ׻֋ ־ֿ ֮  , ִֵ , ו ֟ ִֵ ָ ײֻ֕ ֋

, ִֵ ָ ײֻ֕ ־ֿ , 1 403 ־ , ָ ו֮֟ ֮֬ , 86 ָ ־ ײֻ֕ ֟ , ֮ 14 16 ןֿ֟ ײֻ֕ ֕ ׾ ֲ ֛ ײֻ֕ ֤ , ӵ㌟ ™ ׸ ָ ֜ ֚ ־ ײֻ֕ ֤ , וִ ֜ ߮ ־ ߲ ִԻ , ־ 挻ߵָ , ֜ ߮ ־ ָ ־ և ָ ׸ , summers ִֵ ײֻ֕ ־ֿ , ֱ ֜ ֟ ־ ֲֻ֟ ָ 20 ןֿ֟ ײֻ֕ ִ֟ ׬ ׻֋ ֮ ײֻ֕ ־ֿ ٟ , ֕ ׾ ָ ן ׌ ײֻ֕ ֯֟ ֟ , per capita ײֻ֕ consumption , 209 ָ ã֮ 146 ָ ֵָ , ֲ ֤ 26 ָ ־ ן ׌ ײֻ֕ ֯֟ ָ ָ , 612 ־ ן ׌ ײֻ֕ ֯֟ ָ ֕ פ 2012 ָ ָ ײֻ֕ ֯֟ ֮ , ײֻ֕ ֤ ֮֜ օ

, ָ ֮ ׾׳֮ Ϥ ײֻ֕ per capita consumption , ִ פ Ϥ , ָ 1553 ײֻ֕ ן ׌ ֯֟ , ָ ײָ , ײָ per capita ײֻ֕ consumption ֡ 75 , ָ ֮ Ϥ , 546 ײֻ֕ ֯֟ ָ 209 average , ֟ 3150 ֟ , ׻֋ ־ֿ ָ ֮ 2011-12 ׻֋ , ֮ ײֻ֕ ֤ ָ֜ ߅

, ֕ ָ ו֮֟ ׾֪ ֤ ӵӡ ֋ , ָ ә , ו ... , ֮֜ ־ֿ ָ installed capacity , capacity ֲ ײֻ֕ ֤ ӵӡ , ָ ֱ (2 ָ ֿ:)

ASC-TDB/2H/2.30

ֵ ֹ (֟) : ֮ 2006 ָ ә ә , ֕ ׾֪ , ָ 68 ןֿ֟ , ӵӡ , ִ 81 օ ֲ ׮֕ ӵӡ ֟ , ָ 88 ןֿ֟ ֟ ֕ ׾֪ և  ׾֪ ִ ֱ 20 ןֿ֟ ӟָ ׻֋ ֕ ׾֪ ӵӡ , ִ ָ ׿ ׬ ֟ , ֵ֟ ׬ ֟ , ֕ ׾֪ , ә ֜ , Ϥ ׾֪ , ֕ Ϥ , ָӛ ָ™ ֲ ֛ Ϥ , ָ ִֵ ײֻ֕ ֟ ־ ֬ Ϥ , ֳ Ϥ ә , 31 ןֿ֟ ָ , ֮֜ օ , ו ָ TLF , ָ T&D , ״ֿ֮ ӛ כÙ֮ ֛ ִõ ֕ ָ T&D 31 ןֿ֟ , ֲ ֟ և ֡ 7 ןֿ֟ , ֮֯ 4 ןֿ֟ ׸ 6 ןֿ֟ ןֿ߻ , פ ֮ ֛ ֟ ݻ֤ ֡ 18 ןֿ֟ , ߻ 18 ןֿ֟ , ֻ 21 ןֿ֟ ß֮ 26 ןֿ֟ ֲ ָ 31 ןֿ֟ ׻֋ ֕ ָָ T&D ܟ ߅ , ׾֪ ׬׮ִֵ, 2003 ִ ׾ָ֓ ֤ ß֟ ֵ ߤ ׬׮ִֵ ׾֪ ֤ ״ֿ֮ ׾ָ֟ ׻֋ ֕ ׾֪ Ԛ , - ׾ֳו֟ פ ֋օ ә T&D ֋߅ , ׸ִ ֕ ׮ ו֮-ו֮ ֕ ִ ״ ׮ֳև , ִ ә T&D ֱ ֋ ֕ , ָ ׾֪ Ԛ ִ Ϥ ָӛ ו֮ ֕ ׾֪ Ԛ פ , ָ ׸ִ ׮ , ָָ ׾֪ ӡֵֻ כ֮ Ù ײ ״׮Ù֮, IIPA ֕ ׾֪ Ԛ ϳ־ ֵ֮ ֵ , ӡ ֮֮ ֵ֮ ׸ և , ָ և ָ ָָ ן , ָ ׸ և ֋? ֮֟ ™ , ӿ֮ ׾֬ ִ ׾֪ וִָ ֕ ָָ ָָ ӵ㌟ ß־ , þ֟ ݵ ֟ ֕ ִ 44 ןֿ֟ ָ , ָ ײֻ֕ ֋ ֕ ֳ ׬ Ӿ , ָ ײֻ֕ ֣ ӓ Ϥ , ִ Ϥ , ָ 80 ןֿ֟ Ӿ ָ ײֻ֕ ִ ָ Ϥ, ײָ, ָӛ ֣ Ϥ , Ϥ ָӛ ־ֻ , ָ 29354 Ӿ ֤֕ 60 ֻ ֤ ֡ 9119 Ӿ ײֻ֕ 20235 Ӿ , וִ֮ ײֻ֕ Ͽ ֮֮ߵ ӡ , ָ Ϥ ָӛ ֤ Ӿ , ָ ײֻ֕ ָ Ϥ ֱ Ӿ , ןֿ֟ ִֻ ָӛ Ϥ , ָ ֡ 30 ןֿ֟ Ӿ ײֻ֕ և (ֿ: 2j/LP)

LP/KLS/2.35/2J

ֵ ֺ (֟) : ָָ ֮ , ִ ֱ Ϥ , ִ ׾֪ ָ ֱ ִ ׾֪ ָָ, 90% ׿ , ׸ Ϥ ׿ ֵ ָ ָև

, ߤ ӿ֮ ֤ ֜ ֟ ִ ָ ֣ ׬ Ӿ ֻ ӓ- ײֻ֕ ֋߅ ӿ֮ ׾֬ ײֻ֕ ӲӬ ־֮֬ ֋ ֕ ײֻ֕ ӳ߸ ִõ ֕ ׾֪ ָ֮ ָ ײֻ֕ ֲֻ ֡ ָ֢ ןֿ֟ ײֻ ֟ ֮ ןֿ֟ ֟ ״ֿ֮ ײֻ ֟ ןֿ֟ ֮ , ָ ָ֢ ןֿ֟ ײֻ , ָ֢ ןֿ֟ ֡ 94% ֟ ֲֻ֟ ֕ ׾֪ ָ ֮ ןֿ֟ ײֻ֕ ָ ײֻ , ֟ ӓ, ןֿ֟ ֮ ֕ ׾֪ ֮

, ֲ ׻֋ ֱ ֳꌟֆ וִָ ֮ ײ֮ ׾ֳߵ ״ֻ ֟ ֮ ֛ ֮ ָ ײֻ֕ ӳ־ ׻֋ ֱ ֳꌟֆ ֮ ָև ד֟ ֲ ֮ ֮ ײֻ֕ ־֮֬ ֵ ֳꌟֆ ֮, ִ֮ ־ ػ ׻֋ ӿ֮ ׾֬ ֵ ָָ ־ ֵ㌟ ֵ ־ ܵ ׾֪ ׮ָ ן ײ֮ ֳꌟ ָ ֵֻ þ֟ ݵ ֳꌟֆ ֱֻ ӓ-ֻ֛ ־ ֻ֮ ו ׮֤ ָ֮ ֛

ײֻ֕ ִֻ ׮ֲ֮֙ ׻֋ ׾ֿ ֻ֟ ך ß־ , ִ֣Ԯ ֱ ׾ֿ ֻ֟ ך ֵԯ օ ϵ ׾ֿ ֻ֟ ִ֬ , ֿ֣ߑ ׮׿֟ ׬ ׮ֲָ֙

, ֮֯ ׯ ־ָ ә ֟ ׾֬ þ֟ ݵ ׯ ־ָ ә ֮ ֤ և ָ , ִ , ָ ײֻ֕ ֤ ׾֪ ִ֬ ׿ ֮֟ օ ֮֯ ֮ ֤ ׮֕
, þ֟ ݵ ֲ ֟ ֣ ״ֻ ׾֪ ӿ֮ ׾֬ ִ֣Ԯ ֮֯ ִֵ פ , ׻֋ ֯ ֳָ ֮־֤ (ִ֯)

DR. E.M. SUDARSANA NATCHIAPPAN (TAMIL NADU): Mr. Deputy Chairman, Sir, I thank you very much for giving me this opportunity to speak. Sir, first of all, I congratulate the UPA Government particularly the hon. Minister, Shri Shindeji, for moving this amendment to Section 6 which actually shows the aam aadami's need and also the focus upon the aam aadami, but at the same time, Sir, cooperation of the State Governments is also very much needed for this. The Central Government has already made a provision of more than Rs.16,000 crores for subsidy to different areas of India. But many of the State Electricity Boards are not coming forward with the reforms, that is, the management and also the administration has to be changed. But they are running in the same way, which was already causing loss to every State Electricity Board. I would like to attract the attention of the Government to the fact that we are encouraging the private sector to flourish; we need not worry about the electricity being given to them in a regulated way. (Contd by 2k/ sss)

-KLS-SSS/2K/2.40

DR. E. M. SUDARSANA NATCHIAPPAN (CONTD.): When they are investing money and when we are allowing through the Electricity Act, 2003 that anybody can produce electricity for that purpose, with the permission of the Government, then we have to say that when a person is investing huge money for their industry or for any venture they have to look after their own necessity of electricity also, especially the sugar mills. If you take the sugar mills, the sugar price, the cane sugar, the cane price fixed for the agriculturists is not having the component of the production of the electricity and selling of electricity. The agriculturists are getting only an amount, which is already fixed, which is about Rs. 1000 or so. But this is given only for the purpose of sugar. But the molasses is used for the purpose of generating electricity. They are earning money by selling it at a huge cost to the local Electricity Board but they are not compounding that money along with the price of cane. Therefore, the agriculturists are totally taken away. We can even use the words, "he has stolen away that price which is owed to the agriculturists." Therefore, Sir, when the right to sell it to anybody else is given to the sugar mills, then they should have the obligation. At least certain percentage of 30 per cent or 50 per cent of generated electricity should be given to the agriculturists free of cost. This type of condition should be imposed. Otherwise, they are generating very cheaply without any further investment. They are earning the money by selling in multiples to the electricity board. Then the Electricity Board in turn sells it to somebody else for lesser money. This vicious circle has to be broken. Therefore, when we are calculating that so much electricity is produced through the thermal power or atomic power or hydel power, we have to catch up with the status which is already fixed by the World Bank or by US. But at the same time, we have to think about our people. As Lenin said, 'Electricity is a thing which makes a revolution of Russia'. Therefore, electricity has not reached the villages of India even after 60 years. It has to reach the villages and it has to reach every cottage. We have seen in yesterday's paper that in the UPSC examination, an OBC candidate, a son of a fisherman could become a topper at the All India level. Being a fisherman's son, he has suffered a lot to prepare himself for the UPSC examination but whether he has got electricity or not we do not know. At the same time, many of the people have got the potentiality to come up. They are in a scarcity of getting minimum requirement of water and also electricity and shelter. These things should be combined together and there should be a programme as already envisaged by the National Health Mission and also the Rural Health Mission. We have to see that electricity is also part of it. Electricity should reach the hamlets. It was a very well framed command. I can even say that by reading the provision, I feel that the Government's intention can be very easily seen. Amended Clause 6 says, "the concerned State Governments and the Central Government shall jointly endeavour to provide access to electricity to all areas including villages and hamlets through electricity infrastructure and electrification of households". This is the aim of UPA Government. This has to be achieved. This has to be achieved even though this enactment has been brought in. It is a well made amendment and at the same time, Sir, many of the elimination clauses are also well made because I was also a party to it when this law was originally floated in Lok Sabha in 2003, when I was a Member of Lok Sabha. At that time we could also warn the Government that gradually you are making all subsidiaries and also the programmes for the poor people to be eliminated. You are under the command of the World Bank. World Bank has imposed certain things, therefore you are doing like this. The same thing is now taken away. Therefore we congratulate the Government that they are thinking about the people, actually the rural people. (Contd. by NBR/2L)

-SSS/NBR-AKG/2L/2.45.

DR. E.M. SUDARSANA NATCHIAPPAN (CONTD.): Sir, I would like to mention here another important thing. When the generation of electricity is in the hands of private sector, we have to regulate it. It is because, you know very well, the electricity management system in the country under public sector is very old. As a result, one can very easily steal power. As a lawyer, and we all know very well how poor people are prosecuted everyday and how rich people, who are stealing power every day in Delhi, etc., go scot-free. The rich people are earning a lot by stealing power. They are putting wires on high-tension wires/poles, steal power and are even running factories! Nobody is finding them as accused under the Electricity Act. Therefore, the system of supervision, the system of monitoring and the system of prosecution should be strengthened. It should not be done in a casual way as it is being done by States. That has to be regulated and the Central Government has -- though it does not have much power under this Act -- to make them aware that the electricity is for the common man's development, and the rich man has no right to steal power in any manner. But, at the same time, when Smt. Indira Gandhi was having the ambition to bring atomic energy, we were very happy. The Southern India is very much benefited from this. It has given a very good scope for the development of industries in South India. But, at the same time, the load shedding is creating problems in villages. Even though 24 hours power is available in Tamil Nadu or in other Southern States, the villages are not really getting the benefit. In Tamil Nadu free power is given for agriculture. But the agriculturists are not getting power to pump water from wells. They are not getting it for 24 hours due to load-shedding. In the name of load-shedding, they stop for six to seven hours. Therefore, the agriculture production is also suffering. We have to focus upon the electricity vis-a-vis development of agriculture production. When the Government gives power at a subsidized rate, it has to look at other aspects as well. The proposed amendment says, 'houses and hamlets to be electrified.' That purpose is necessary, because we are not achieving the target at the all India level. Even in States like Uttar Pradesh, Bihar and Chhattisgarh 60 per cent of people are not getting power. In Tamil Nadu, 99 per cent of people are getting power. But, at the same time, in other States, they have to achieve it. Whatever they have produced has to reach the hamlets and villages. They should also concentrate on giving power to agriculturists. If they give power to agriculturists, at free of cost, in the entire country, the prices of rice, wheat and on other things will come down. So, I appeal to the Government of India that expenditure incurred by agriculturists should also be borne by the Government. Therefore, I am very happy that the Government has come forward with this amendment.

Sir, I would like to add one more point here. Sir, solar energy, biogas and tidal energy are also not fully tapped by India. I would say, especially solar energy has not been utilized fully by us. I read an article in a newspaper that in China every building should have solar energy. It has been made compulsory. When we go in for solar energy at village level, the cost of installation is very high. Therefore, I propose subsidizing this totally by the Government. Or, there should be mass installation of solar energy panels, so that we can electrify villages and the same can be utilized for pumping of water. Therefore, I feel, natural products such as biogas, molasses, etc., have to reach villages from where they have come and these could be utilized in cities. At the same time, we want development of cities and modern industries. The modern industries, you know very well, need a lot of electricity. We have to tell them that when they start a new industry, they should see that electricity, water and other things should be looked after by themselves and the Municipality or State Government should not be burdened. They should be told to serve the common man and poor people. Thank you.

(ENDS) (FOLLOWED BY USY "2M")

2M/HMS-USY/2.50

߸ י (ָ Ϥ) : ֳ֯ן , ׌֙ () ײֻ, 2007 ִ֣Ԯ Ծ֟ ֌ֆ ֟ , ԟֵ ֟ 0 ֓ߵ֮֯ ֮, ײֻ֕ ֮ ֮µ ߾ֵ֮֮֯ ׻֋ ָ֬ ־ֿ֋ ß ָ ָ֬ ָ߲ ׸ ֿ ״ֻ֮ ײֻ ־֮ ָ ֟ , ׻֋ þֵ֟ݵ ײֻ ֵ ߵ ָָ ֕ ָָ, ֵ , ֟ ֺ ו ־֮ ֵ , ־֮ ֣֣ ׸֟ ֮ , ֛ ־ ֲ ָ Ϥ פ ָ ִֵ ָָ , ֲ ׾֪ ֤ ׻֋ ָ Ϥ ָָ ϵ ֋, ָָ ִ ֬ ֮, ִ֣ ֮߅ ִ֟ ָ־ע ߅ , ָ-ָ ֤ ֯և և, ָ ֤ , ֿ־֮ ׾µ ָ ֕ ׾ָ ָָ , ֋, ֕ ֻ ׸ , ָ ׸ ֲ ™ ֮

, ֟ և, ִ֟ ֤ ֵ֜ ֮ ֟ ֺ ָ߲ ß ָ ײֻ֕ ֲֻ և ֮ - , , ֻև ָ֬ ־ֿ , ׻֋ ֕ ֮ ײֻ ֛ ָ߲ ׌, ֳ֮ ׌ ꆸ ׌ afford ׿ ׻֋ ָ ־ã ָ߲ ֲ , ׻֋ tariff ו ׌ ָ ן׸ ֛ , ֕ ָ߲ ׌ և ֪֮ և , ָ ֲ ײֻ֕ ײֻ ֛ ֟ ׻֋ ־ֿ , : ֟ ָ ֮ פ ֮

, ֟ ֺ ײֻ ambiguity , vagueness ו ֵ֤ ׳ֵ㌟ ״ֻ ֯ ֵ 8 For section 155 of the Principal Act, the following section shall be substituted, namely, "No prosecution shall be instituted against any person for any offence, punishable under this Act, except at the instance of the appropriate Government or appropriate Commission or any of their officer authorised by them or a Chief Electrical Inspector or an Electrical Inspector or licensee of the generating company, as the case may be." (Contd. by 2n -- VP)

PSV/VP/2.55/2N

SHRI VIRENDRA BHATIA (CONTD.): What will be the definition of 'instance'? 'Instance' ׸֟ ֵ ָ ֮ ߻ ֟ 'Instance' ׸ãן ? 'Instance' orally פ ֵ ֯ ָ ֯ ָ ו֋ prosecution launch ו֋ 'Instance' ? ֵ֤ ״ֻ? ֵ֤ ׳ֵ㌟ ״ֻօ ָ , ָ ֮֯ פ - "Provided that the court may also take cognizance of an offence punishable under this Act upon a complaint in writing. By amendment in 151(1) you said, 'at the instance of', and, then, you say in 3, "the cognizance of offence under this Act shall not in any way prejudice any action under the provisions of the Indian Penal Code, and, simultaneously, provided that the court may also take cognizance of the offence punishable under this Act upon a complaint in writing." - ׾ֳָ ָ 'Instance' ָ ָ 'May also take complaint in writing made by the appropriate Government or appropriate Commission or by any of their officer authorized by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company as the case may be." When will that be applied and when will this be applied? If you say that one will be applied at the pre-cognizance stage, it cannot be, because you say that the prosecution shall be launched. Why have these different paragraphs been inserted, and why the instance has not been defined? This is the ambiguity. ו ֕ ׳ֵ㌟ ֵ֤ ָ ֟, ֯ 'No prosecution shall be launched except on a written complaint.' You have made the offence cognizable. You have said that the investigation will be conducted by the police in accordance with the procedure of the CrPC. You are saying, "For the purpose of investigation of any offence punishable under this Act, the police shall have the powers as available under the Code of Criminal Procedure 1973." On what basis will the Agency investigate? At both the places, you have used the word, 'prosecution'. And the prosecution starts after the charge sheet is filed or the complaint is filed. It should have been that the investigation should have been made on the basis of the FIR. That is the ambiguity left in this amendment. You have not taken care of those cases where the FIR is lodged. And, can the FIR be lodged? The question arises, after this, can any action be taken on the basis of the FIR? What will happen? Has the police been given the powers to lodge the FIR and to investigate the matter? Because of this ambiguity the benefit may go to the accused persons.

The third point is this. You have said that the offences will be tried by the special court. The offence means the offences under the Electricity Act. And, then, you have also said that the cognizance of the offences under this Act shall not in any way prejudice any action under the provisions of the Indian Penal Code. That is right. But I want to know whether along with the offences under the Electricity Act, certain other offences are made out under the provisions of the Indian Penal Code. You have not specifically mentioned it here as mentioned in other Acts that along with these offences the special court has the powers to try the offences relating to the IPC offences. That should be there. Otherwise, you say that theft is an offence under the provisions of the Electricity Act. And theft also can be an offence under the provisions of section 379 of IPC. What will happen to those offences under section 379? Whether the special court can try those offences along with IPC offences or not, that has not been mentioned here. It should have been that the special court will have the powers to try the offences under the IPC along with the offences under the Electricity Act. (Continued by 2O)

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