PREVIOUS HOUR

AKG-KLS/2S/5.00

׻֟ ֟ (֟) : ֮֮ߵ ֳ֯ן , ֯ ֓ ֕ כ ׮׿֟ ָ ׸ ִ֬ ߴ֮ ֮ ֳ ֮ ׻֋ ӛָ ־ã ׻ ָ֬ ָ ã֮ ָ ֮, ֮֟ ? ã֮ ָ ֮֟ , ו֮ ֵ ײ֓׻ֵ ׻֋ ־ֿ ? ־ֿ ӛָ ֮, ֮ ֵ֤ ֕ כ ָ , ִ ӛ ֮֮ ׻֋ ״ֻ, ֮ ֮ - ֮ ֻ ִ

MR. DEPUTY CHAIRMAN: Hon. Members, now it is 5 o'clock. It was agreed to earlier that these two legislative businesses would be completed today. So, I want the sense of the House that we will complete these two businesses.

ߴ֟ ִ þָ֕ : ָ, ֯ ײֻ ו֋ ײֻ ֕ , פ וûי ײ֮֕ ׸ , ֯ ׸ ֯ ו֋

׻֟ ֟ : ָ, ׮־ ֮ х ָ, specific ߕ ׾ֵ , ֻ֕

ֳ֯ : ֻ֕

׻֟ ֟ : ָ, ֯ ׾ִ֮ ֣Ԯ , ֯ ׮־

ߴ֟ ִ þָ֕ : ֯ ׻֋

׻֟ ֟ : , ָ clarification ߅ , ֟ և , clarification ...(־֮֬)...

ߴ֟ ִ þָ֕ : ӡ , ֯ clarify ו֋, ײֻ 8 ֕ ׸ ӡ , clarify ֯ ׻֋

ӡֵֻ ֕ ӡ ֣ ֳꌟ ִֻ, ֪ ־ԕ׮ ׾ָ֟ ӡֵֻ ֕ ӡ (. ֻ ֤ ) : ֯ ֟

׻֟ ֟ : ׮־ ֯ ו ֟ ֓ ӛָ ֮֋ ֋, ׻֋ ׾֬ ־ã ֯ ־ã ׸ ָ ֱ ֮ , ߴ֮ ֮ ֵ֤ ״ֻ ֲ ִ ֋ ֲ ׮ֻ ֟ ׻֋ ־ֿ ֕ כ ֮ , ו ׻֋ ׾֢ߵ ֮֬ ֲ֛ , ָ ׾֬ ֟ ֋߅ ׻֋ ֵ ־ã ׻֋ ӛָ ã֮ , ָ ׾ָ֓ ־ֿ

֟ ֓ פ ӡ ֻ֟ ֮ , ֵ֟ ֛ ָָ ֕ ָָ ו֮֟ ֻ support price ָ ãן , ֮ օ ׻֋ ӛָ ֻ ֛ ֕ ָָ ֮ ָ ѓ ֟ ֪֮ ӛָ ãֆ ã֮ , ӛָ ׻֋ ֟ ֛ ־ֿ ã֮ ׸ ֮ ֮ , ֜֋ , ָ ׾ָ֓ ׸ ִ֬ ׮׿֟ ֮ ֮ ׻֋ ϵ֟ ֋, ׻֋ ֯ ׮־

֟ ֮֯ ߤ negotiable ֮ ׻ֵ, ֯ ֟ ָ ߴ֮ ֮ , ֮ , ߓ ֬ ֻ ׮ֻ֮ ߤ ? ֟ ׻֋ forced ߤ ֮֯ negotiable ֮ פ ֬ ֻ ֮ , ߴ֟ ״ֻ ־ֿ , ׻֋ ֮ ӡ ֮֟ ֬ ֻ ׮ֻ֟ ִֵ ߤ ßֻ ֋, Ԯ ָ֓ , פ և ׻֋ ֋? ™ߵ ׮ֵх ֋? ׮֕ ׌օ ֋? ײ֓׻֋ (2 ָ ֿ:)

SCH/SSS/5.05

׻֟ ֟ (֟): ו ׻֋ ޛָ ֋ ֋ , ٟ ׻֋ ׿ֲֻ ׸ߙ ֯ ә? ֯ , ָ ߤ ߕ ? ֓ ׾֬ և

֟ ׾֬ ֵ , ָ ãׯ֟ ޛָ , ֕ , ׮ִ ֵ ׬ָ և ִֻ פ ֣ , ֯ ֣ և ִֻ ֵ ֮ ֮? We are a Federal Government. We are thinking in that direction. ׻֋ ׾ֵ ָ ׾ָ֓ ־ֿ

֯ ִ֬ ӡ ֟ ãև ״ן ߤ ֋֮ ָ ֮ ӟ־ , "ֻ ׾ ׬׮ִֵ ֨ӟ ֮ ֟ ׾ ָ " ӡ ֮֟ ָ ֮ ׾֬ ֟ ִֵ ֮֯ ֟ ؓ֟ ׾ ָ ? ֮֯ ֟ ؓ֟ , ֛ ֮ - , ֕ * , * ߤ ָ ִ ֮֋? ׾ָ֓ߵ Ͽ

׮־ ...(־֮֬)

֮֮ߵ ֤õ: ֲ, ו֮ ֵ , ֯ٻִֵ

ֳ֯ן: ֯ ֲ ׮ֻ ו֋

֟ , ֯ ִֵ ֵ , ֵ , ׻֋ ֮ ֯ ו֋

׻֟ ֟: ָ, ֻ ֟ ֻ ֯ ևә

׮־ , ֪ׯ ײֻ ׾֢ߵ ֮֯ פ ֵ , ֮֯ 2005 ֵ , ִ ֵ ׮֟ ֵ ֵ ֮ , - ֮ ֜, ֜ ֻ ֋օ ֵ ? ִ֟ ׿֋ֻ ׸ߙ ־ ָ ֵ ֯ ָ ׾ָ֓

 

* Expunged, as ordered by the Chair.

ӟ , ֯ և , ֟ ֤õ ֟ ֲ ֟ ָ ִ ׾ָ֓ ״־ ׾֬ ֵ ֋ ֬- ׾֬ , וִ ׾ ׮ִ ֓ ֻ ֡ ֮ ֓ ָָ ָ ׾ָ֓ ֮֮ߵ ӡ ״־ ײֻ ֣ ֋, ֣Ԯ ֲ ֣ ֮ ֟ ִ֯ ֮־֤ (ִ֯)

SHRI SANTOSH BAGRODIA (RAJASTHAN): Mr. Deputy Chairman, Sir, I rise to support this Bill, the Warehousing (Development and Regulation) Bill, 2007. My senior colleague, who is from my own State, has given a very detailed comment on this Bill. I think, it will be quite appropriate that the hon. Minister will reply to all his queries. Some of the queries are good. There is no doubt about it. But some of the queries are not necessary, in the sense that they cannot be part of the Bill. They will be in rules and regulations. It is good that you have pointed out those queries because that will come in the regulations and, I am sure, the hon. Minister will take care of that. Sir, definitely the objective of this Bill is warehouse receipts becoming a negotiable instrument.

(Contd. by NBR/2U)

-SSS/NBR-PSV/2U/5.10.

SHRI SANTOSH BAGRODIA (CONTD.): This is universally being done. It is not happening here. But, in some cases, in some other items, not in agricultural items, it is happening. What is the advantage of this? Mr. Chatervedi mentioned as to what will happen to the small farmer? Actually, this helps the small farmer the maximum. He mentioned that big people or big merchants or middlemen or MNCs buy everything. To avoid such kind of a situation, this Bill allows the small farmers to store their products in warehouses. They need funds. And they will be able to, on the basis of the receipt, get bank loan. I request the hon. Minister to direct the bankers that the loans should be freely made available to small farmers. It is only then the purpose of this Bill will be served. It is only then the purpose of issuing the proposed negotiable instrument is served. If the bankers do not give loans against the receipt, then what Mr. Chaturvedi has said is correct and it creates problems. So, this has to be coordinated with the Ministry of Finance and other Ministries and ensure that bankers treat this as a priority sector, as has been done in the case of agriculture, and they must provide loans against the warehousing receipt. If that happens, the problem of the smallest farmer will be served. He will be helped much more than what he is being helped now. At the moment, the warehouses are used mostly for wheat and rice. That is why we have only 40 per cent to 50 per cent occupancy rate in warehouses. We need warehouses for vegetables, fruits and for horticulture products. At the same time, cold storage facilities should also be provided. If that happens, it will help the smallest producer of these commodities. The whole purpose of this Bill is very, very noble. The purpose is good. But, I would like to know from the hon. Minister how we achieve the objects of this Bill. Is there a public-private partnership? Are we gong to encourage the private capital to construct more and more warehouses? And, if we have those warehouses, how do we ensure what he has mentioned? What is the security for goods of the depositors in those warehouses? What kind of sanctity will be there? How do we ensure that the goods lying there will continue to lie there? We have the receipt, as we find in many other cases, but the material is not there. Either in collusion with the warehouse management or without collusion, the goods are siphoned off. How do you ensure those things? Sir, the quality is also important. Agricultural goods are perishable. Once you put agriculture goods of a particular quality, after sometime, you will find that the goods are rotten. For example, I deposited my goods say in the month of January and the shelf life of those goods is six months. In such a case, do you say that we should renew the receipt every month? Does the warehouse management give a receipt for quality also? Otherwise, how do I buy those goods without looking at its quality? Unless I know the quality, how can I buy them? Do I, as a purchaser, have a right to inspect the goods? If I have the right to inspect the goods, do we have that kind of warehousing management where the purchaser can really go and locate the goods? (CONTD. BY USY "2W")

-NBR-USY/2W/5.15

 

SHRI SANTOSH BAGRODIA (CONTD.): Because they are not properly kept. The hon. Minister, in his original remarks, had mentioned about scientific warehousing. Intentions are good. But, at the moment, it is not happening. And, probably, that may be the reason that this Bill will help us. At the moment, it is not scientific at all, either it is in the Central Warehousing Corporation, or, it is in the State Warehousing Corporation, or, it is at railway godowns, or, at the ports, or, even at the airports, we can see for ourselves what kind of warehousing is happening at different places. Sometimes when I pass through these areas, for some reason or the other, in different capacities of Parliament, the way they handle the goods is they simply throw them. For example, if a wheat bag is thrown that pain is there to the bag, but more pain is to me because of that throwing there is a great wastage as the bag is damaged in throwing. This is improper handling. The hon. Minister will know that when it used to be a 100 kg. bag, they would use hooks. Now, it is standardized to a 50 kg. bag. But, still, the use of hooks has not gone because this is our mindset. Can you make a law that hooks are not supplied to the workers or the labourers; and, if a hook is found, there will be a penalty on the management? The moment you have a hook, you damage the bag, and the moment you damage the bag, the quantities will come out. Chaturvediji mentioned about two per cent shortage. I don't know if it is two per cent. Sir, if you see the FCI records, I don't know what the percentage is. And, I don't think even the Ministry knows; I don't think anybody in the country knows. I can challenge, if anybody can tell me in the FCI, warehousing, what amount of losses have come up every year in the last 10 years, 15 years or 20 years. On record, they show that they have so much stock. But if you go there, I am sure you will not find that much stock because they are not kept properly. You cannot even check them properly. Stocks are lying for years. It is not on first-come-first-served. The result is, they are not usable; they are not eatable. And, this is the stock, the worst quality stock, which goes for the PDS. Our poorest of the poor people are forced to buy that kind of quality from ration shops. Adulteration is another story. I am simply talking on mishandling. And, there is no loss to the Government; there is no profit to the Government or to the FCI. It is simply mishandling and there is national wastage. That wastage finally goes into the stomachs of the poor people, who pay a higher price for the poorest quality of the cereals. This warehousing, not only in the public sector, but also in the private sector, has to be improved. With this Bill, there will be competition. That is why I support this Bill. Once the competition comes, even the public sector warehousing will improve, like any other sector. This will finally help the consumer.

(Contd. by 2x -- VP)

-USY/VP/5.20/2X

SHRI SANTOSH BAGRODIA (CONTD.): Sir, we have to make this warehousing a viable business. Those days are gone when warehousing was also under subsidy. If it is under subsidy, there will be no development. So, we have to make it viable; viable for the private sector and viable for the public sector also, then only this will grow up further. How do we make it viable? It will require setting up warehouses, providing infrastructure, providing backward and forward linkages, provision of trained manpower etc. Again, Sir, even in handling of these bags or anything for that matter, any commodity, whether it is durable or non-durable, requires trained people to handle them so that they are not damaged. Do we have that kind of trained people available? I will request the hon. Minister to have some system by which -- India is a large country -- we can have lakhs and lakhs of trained people even to manage these warehouses. Please see if you can have some kind of trained people, training courses, and diploma courses even to handle these warehouses. So far, the warehouses are being used mainly for agro and agro-related products, like fertilizers. We require trained manpower to manage bulk non-agricultural commodities, like metals, manufactured goods etc. And, even for the allied agri- sectors, like horticulture, floriculture, or, products that have low shelf life or are perishable, we do not have equipped warehouses. For example, in floriculture so much export is possible, especially, Sir, from your State; from Bangalore. But, you will be amazed to know that when those flowers are stored, even if there is one small leakage of gas; one small leakage in one corner of the entire area, say, 10,000 sq. feet block, it will damage the quality of flowers and, then, importers from foreign countries will not accept those kinds of flowers. So, it is a very technical thing. It is not simple storage. Storage is no more an ordinary thing. We have to have silos, good quality silos, for all kinds of storages.

What kind of incentives or what kind of infrastructure is the Government adding through this Bill or supporting it, so that this Bill can be really effective? I do not want to say what Shri Chaturvedi has said that this Bill will not really be effective. I will request the Minister to do something so that infrastructure is developed in such a way that Mr. Chaturvediji is proved wrong and the country is also benefited.

DR. AKHILESH PRASAD SINGH: It will be proved wrong.

SHRI SANTOSH BAGRODIA: Thank you, Sir. It will be worthwhile if we look at the state of the existing warehouses. I have mentioned about handling at railway stations and the way they are mishandled.

I do welcome this Bill. But, I would like to know from the hon. Minister how many recommendations have been received from the Standing Committee, and how many have been accepted because the whole purpose of this Standing Committee is to have a detailed discussion. And most of the time my experience is that whenever the Bill goes to the Standing Committee, hundred per cent recommendations are excepted to be accepted by the Government and if they are not accepted, the reasons should be given because these Standing Committees discussions are detailed discussions. The views of all stakeholders are taken into consideration. All the stakeholders are giving evidence. (Continued by PK/2Y)

-VP/PK/2Y/5.25

SHRI SANTOSH BAGRODIA (CONTD.): All decisions are taken unanimously. Sir, in the Standing Committee, there are Members from all Parties; so, all decisions are unanimous. If a unanimous decision has been taken by the Standing Committee, I don't find any reason why the Government should have any objection to accept all the recommendations. If they don't accept, I think, in all fairness, we should know why, what is the problem in not accepting those recommendations. Sir, I do support the Bill. It is a good beginning, but there is a need to improve upon this beginning. The upcoming revolution in retail sector will be closely linked with the growth of warehousing business. In fact, in foreign countries, warehousing -- not only for long-term storage-- is done outside the main towns. Even consumers can go there and buy at half the price. They are known as warehouses. All kinds of commodities are available there. We want that kind of a revolution in our country.

( THE VICE-CHAIRMAN, PROF. P.J. KURIEN, IN THE CHAIR )

Thus, a consumer can be benefited. He can buy more than one commodity from the same warehouse. It should be like multi-products warehouses. All these things should be developed outside the towns. This will go a long way in helping micro, small and medium entrepreneurs and farmers, which I have already mentioned, by getting bank loans. However, Sir, the Bill must address the following. I have a few suggestions to make to the hon. Minister for his consideration. The first one is, with the CST still in place, how would the issue of inter-State transfer of these warehouse receipts be resolved if the actual delivery is not taken? Has this point been taken into consideration? Because, after this Bill is passed, it will be implemented. But, then, the Sales Tax Officers will create problems for the traders or the people who are handling these things, either the farmers or anybody else; then, the whole purpose will be defeated. We have to have a fool-proof system and full explanation as to how the sales tax problem will be solved with this. Number two, even in the intra- State transfer of WRs, what rate of VAT will be applicable, as there will be no value addition in mere transfer of the WR without taking actual delivery? So, VAT will be another problem. So, that also should be looked into. How do we handle this? Number three, Sir, the Bill is likely to create twin authorities governing the commodity market, the proposed Warehousing Development and Regulatory Authority and the Forwards Market Commission to regulate the commodity market. The two authorities may create contradictory situation. Does the Bill address such a situation? I am not elaborating upon it. Minister is very intelligent. He has understood this point. There should be no contradictions. We are bringing forward a Bill for improvement, but this way, there will be more complications. Who registers a warehouse? Nowhere it is mentioned. If it comes under regulation, I have no problem, but, at least, the registering authority should be identified. Is it the WDRA or the agency accredited by it? Or, the warehouse will have to be registered with both. Yet, no time limit for granting registration is given. Only three days ago, an issue came to my notice. On the one hand, we are saying that there is an acute shortage of educational institutions. Colleges are not there; schools are not there; universities are not there. They came to me and said, " we have full infrastructure ready, but Ministry is not making any inspection." They are not asking for any favours! They say, "you inspect it and if you find it in order, then, you let us operate; otherwise one whole year would be lost." Hundreds and thousands of students will suffer. (Contd. by 2Z/PB)

PB/2Z/5.30

SHRI SANTOSH BAGRODIA (CONTD.): So, in view of that, Sir, I request that there should be a time-limit. Once the infrastructure is ready, the registration should be obligatory on the part of the Government to give the registration so that the entrepreneur can start operating on that. It is a national waste. The infrastructure is ready and the registration is not there! So, please put a time-limit. Once the application is made, within a particular time-frame, the registration has to be granted or the officer has to be made accountable for not giving the registration. Something of that sort has to happen. Otherwise, the purpose of the Bill would not be served. I mean, you make the Bill and we will still get stuck in the redtapism. That has to be avoided. The Bill must prescribe a time-limit between application for registration by the warehouse and the actual grant of registration.

Sir, the next point is, apart from the members of the Authority, the Bill does not prescribe the professional expertise required of its middle and lower management staff. I am sure this will come under the rules. So, I will request the hon. Minister to specify the qualification also. Anybody and everybody should not become the staff member. This is a very specialised business. For a specialised business, we need specialised people. So, I will request the hon. Minister to look into it so that professional expertise is available for management of these warehouses.

Then, Sir, the Bill also does not make it clear that the professionals from the private sector too can become the Chairman or members of the Authority. It is likely that the Authority will be manned, as usual, by the officers on deputation or by retired Government servants. This will compromise the independence of the Regulatory Authority in the longer run. I am not saying that you don't have retired bureaucrats, but let us not confine to them only. In today's world, in today's India, we have experts available who are not necessarily in the Government, who were never in the Government, who do not want to be in the Government, but they want to serve the Government, they want to serve the society and they want to serve the nation. Why do you want to keep them away? Please also consider them. So, I will request the hon. Minister to consider this aspect also.

Some States also have their warehousing regulations. Will the State warehouses too come under the jurisdiction of Warehousing Development and Regulatory Authority? The Parliamentary Standing Committee has observed that the Government has not consulted the State Governments. My hon. friend, Chaturvediji, has also mentioned about it. Given the fact that warehousing is not a part of the Concurrent List, will the Act have overreaching powers over the existing State Acts? If not, what is the use of having two parallel systems, one for the Central Government warehouses and the other for the State warehouses? Of course, this is one point which I am raising and he has also raised it. I agree with him that we need clarification on this. I do not know whether he is a member of that Standing Committee. I am not. The Standing Committee must have gone into these details. The Standing Committee must have consulted the States.

DR. AKHILESH PRASAD SINGH: It is in the Union List.

SHRI SANTOSH BAGRODIA: The hon. Minister says, 'it is in the Union List'. But they must have consulted the State Governments also, and if they have consulted the State Governments, I think, that purpose should be served. The recommendation must have come. The hon. Minister must tell us whether there is any recommendation on this issue. Has it been accepted? If not, then why has it not been accepted? Then, the whole purpose will be served.

The next point, Sir, is that the Government proposes to set up Free Trade and Warehousing Zones (FTWZs) on the lines of SEZs with similar benefits. Will the jurisdiction of WDRA be applicable to such warehouses in FTWZs? What tax rates will be applicable on the transfer of WRs between FTWZs and non-FTWZs without actually taking the delivery? I can foresee all these problems in actual operations. That is why I am drawing the attention of the hon. Minister to these things. Some of these things, he may not be able to tell us right now. But if these things are taken into consideration, we can have a better management of this kind of business in our country. (Contd. by 3a/SKC)

3a/5.35/-pb/skc-mp

SHRI SANTOSH BAGRODIA (CONTD.): The next point is that the Bill does not elaborate the minimum qualification, professional expertise for accreditation agencies also which are critical and pivotal institutions provided in the Bill. Now, this can go into the rules again. But, I think, if it is in the Bill, maybe, on some other occasion you can bring forward an amendment. If you could bring it into the Bill, its sanctity would be proved. Otherwise, we will go on playing with the rules because of some or the other influence. But if it is a part of the Bill, it will be very difficult to infringe upon the quality of the individuals. So, if you think it proper you can consider that. But, at least, tell us whether there will be some qualification required for this.

The next point is regarding the composition of the Warehouse Development and Regulatory Authority. What is the sense of keeping the age-limit of 65 years and the collateral status of the Secretary and the Joint Secretary of the Government? One will be justified in having the apprehension that the authority will be used as a parking lot for the retired bureaucrats like it has happened in the case of other regulatory authorities and the Independent Directors in PSEs. I would suggest that at least two members of the authority should be from outside the Government, with professional expertise. Again, when I am talking about people from outside Government, I am not talking about politicians because the bureaucrats will immediately say that I am going to now suggest politicians. I am trying to say that we should have people with some expertise; if he is a politician also, let us not disqualify him. But it should be people with some expertise in the field of warehousing or in the associated businesses. Something like that has to be a part of the Bill. If you do not put it into the Bill, let me tell you this will not be achieved. We will go on having people at the whims and fancies of some people which will not be in the interests of the country.

Then, Sir, there are a few points which Chaturvediji has made. I would like to tell him something with folded hands. ָ, ֤ ֯? ָ ֕ã֮ , ֕ã֮ ֤ և, ֮ ׻ֵ, ָ և ֤ ־ã ָ , ִ ֻև ֻ ֲ ׾֬ , և ֤ ....(־֮֬)...

׻֟ ֟ : և ֤ ꌙ ֵ

ӟ ֛פ : ָ, ֤ : ָ ֛߅ , ו֋ ...(־֮֬)...

.. ׻ֵ : ֛, ב և ߅

ӟ ֛פ : ֲ ֤ ™ ֛ ! ....(־֮֬)...

.. ׻ֵ : ָ և ߅

SHRI SANTOSH BAGRODIA: Sir, he also mentioned that about 90 per cent of it is being used by middlemen. The mindset has to change. On the one hand, you say that only 45 to 50 per cent is being used and we should utilise 100 per cent while, on the other, you say that the people who are using it are not the right people. They are after all the citizens of this country. There is no reason for you to stop them. There is no problem if you extend the facilities to others as well. I wish to draw your attention to the fact that the moment the small farmer is able to deposit this in these warehouses, middlemen would be rooted out on their own. At the moment, middlemen are active because there are no warehousing facilities for them; the ordinary farmer cannot put his goods there and get loan from banks. So, he has to borrow from the middlemen; he has to sell his products immediately. I wish to draw the attention of my friends on the other side, who had vehemently objected to the Forward Market recently when we were discussing price-rise, that it would be the best help to the farmer, because when he puts his product in the warehouse, he knows what is the price available in which part of the country or the world. With the use of Information Technology, he would also know it in the villages and he would also know what could be the expected price after two, three or six months. (Contd. by 3b/hk)

HK-SC/3b/5.40

SHRI SANTOSH BAGRODIA (CONTD.): Then he can decide whether it is worthwhile to keep it in the warehouse or sell it. So, this will be of great help. Let us not oppose for the sake of opposition. He mentioned that corruption would increase and manipulation would increase. But he has not given the solution. I support him that the Government should find out if there is any chance of corruption or manipulation and then those loopholes should be plugged. Both you and me have to come forward to stop this corruption. It is not only a question of criticism. We have to help the Government; we have to help the nation and then only manipulation and corruption will be stopped. Only laws are not going to stop corruption and manipulation. It is a question of implementation. We have to keep our eyes and ears open and then only these things will be stopped. Let all Members sitting here decide today in this House that we will keep our eyes and ears open and we will become 'Manjunath'. We have got a role model -- whistle blower 'Manjunath'. Let us dare to accept this that we will personally take interest to see that there is no corruption and manipulation. Then only this will be stopped. Otherwise, no Government can stop it. Now I would like to make one or two points and draw the attention of my friends over there. We could not discuss the issue of price rise in the last Session. My turn was there but I was not allowed to speak and after that the House was adjourned sine die. I have got a chance today. So, let me explain. On wheat price, during six years when they were in power, they gave MSP increase of Rs.10 each every month. The maximum they gave Rs.20 in the last month. It is this Government when it came into power which started giving Rs.50, Rs.100 and Rs.150 in 60 years of Independent India. This is what this Government has done. On what basis they are talking of MSP? What have they done? As they did not give enough MSP, the production did not go up. In fact, it reduced because farmers found that it is not viable to produce wheat. They also did not bother to help the farmers so that their productivity and quality could increase. The result was that when our Government came into power we had to face the music of shortages. When we import, it is said, "Why are we importing?" If we do not import then it is said that there is an acute shortage.

׻֟ ֟ : ו֕ ? ו֕ ׮־ ו֮֟ ָߤ , ֯ ֮ ָߤ ו֕ ָ֟ ..(־֮֬)..

ӟ ֛פ : ־ֲ ֯ ֟ ֯ ֮ Ù ֕ã֮ ו֋ ֕ã֮ 65 ִ procurement Ù ־֮Դ וִָ Ù ־֮Դ ֯ ֲ Ù ־֮Դ ֯ .(־֮֬).. ָ, ֲ ָ ֲ ִ ֲ ֮ ֻ ..(־֮֬).. ָ ֙ և , և Ӥ ָ ֯ ׻֋, ִֵ ։օ ָ և ֻ ׻ֵ ׻֋ ߕ ֱ ״֮֙ ֮

ֵָ : ֛פ , ָ ֯ ׬

(3-ߋ ָ ֿ:)

KSK/MCM/5.45/3C

00 ׻ֵ : ָ, , ֯ և օ ֱ ֮ ִԻ 5 ֕ ֈ ֟ , ֕ 6 ֕ ֯ ָ ײֻ ֋, ׻֋ ױ ײ֟ ֋օ

ӟ ֛פ : ױ , ֮ ֤ ֟ , ׮ֵ ֟

THE VICE-CHAIRMAN (PROF. P.J. KURIEN): Mr. Bagrodia, please, try to conclude.

ӟ ֛פ : ָ, ֟ ֯ և ֟ օ ϴ , ָ ָָ ֯ և ׌ִִ פ ָ ꌵ ָ ֮֮ߵ ӡ ָ ־ָ פ ִֵ ֯ ִ֮ ֕ ױ ꌵ ׻֋ ִ ߛ פ ֵ, ꆸ և ֲ֤ß ֻ ׻ֵ ֵ ֤־ ֮ ִ ֳ ֯ ָ ֟ ִ ֳ ָ ָ ֟ ֳ ׻֋ ֲ ֻ ֻ֮ ֻ ָ, Ù ә , ײ֮֕ ֟ ׻֋ ֻ֟

THE VICE-CHAIRMAN: You come here also.

ӟ ֛פ : ָ, ֋ ֟ ױ ָ ӳֻօ

ָ, ָ ֮ ו֋ 100 ִ 100 ֛օ ֯ י ֟ פ ׮ֻ ו֋, 10-10 ߤ ֵ ִ , ֮ ִ օ ֯ ו֮֟ ֻ ֮ ߤ ֯ ߤ ֯ ״ֻ ֋߅ ֯ ֟ ֲ ִ օ , ֯ ׻֋ ֲ ־֮֬ ־֮֬ י

׻֟ ֟ : օ

ӟ ֛פ : , ֟ ֣, ֬և ָ ӡ , ָ ָָ ֛ , , ֛ ֻև ֜ ֟ ֯ ֲ ִֵ ָ ֋ - ־ֿ ֛߅ ײֻ ֵ ֋ ׻ֵ - ֮־֤ -ָ כÙ , ֤ օ (ִ֯)

SHRI MATILAL SARKAR (TRIPURA): Thank you, Sir, for giving me the opportunity to speak on the Warehousing (Development and Regulation) Bill, 2007. Sir, at the outset, I would like to say that I am a Member on the Standing Committee. So, I have the possibility of exploring many points because I have dealt with this issue there also. That is why, I appeal to you not to make any time constraint. Sir, I express strong reservations on behalf of my Party, that is, Communist Party of India (Marxist), on some major issues that the Bill is dealing with. At the outset, I would like to point out that only three to four States have been consulted by the Standing Committee. When we said that there are many more States to be consulted, then, it came to our knowledge that the Government was pressing hard to get the Bill back. That is why, there was no time to consult States like West Bengal, Bihar, Uttar Pradesh, Madhya Pradesh, Orissa and the like. That is why, the concerns of the States have been ignored in this Bill. My second point is that on my part, I raised many notes of dissent. Those dissenting points were accepted by the Standing Committee.

(continued by 3d - gsp)

GSP/3D/5.50

( THE VICE-CHAIRMAN, SHRI SANTOSH BAGRODIA, IN THE CHAIR )

SHRI MATILAL SARKAR (CONTD.): I have the notes here. The Standing Committee accepted them but while framing the Bill, these points were not accepted. This is another point of dissent here. We adopted it there but it is missing in the Bill. Sir, first of all, let me come to Clause 3. Clause 3 mentions about the Authority which will grant registration certificates to the warehouses. Sir, just now, while participating in the debate, you were asking as to who will sanction or who will grant registration certificates. Sir, in Clause 3, it has been mentioned that there will be some Authority to grant registration certificates and the provisions regarding the formation of the Authority are laid down in Clause 24 and 25. Here under, you will find that the State Government has no role to play. There is no scope for the States to send their nominees. I admit that there are many States but there may be some mechanism in the Bill so that the State nominees can be represented on this Authority. I would like to have a clarification from the hon. Minister as to whether the States will be able to send their nominees or represent themselves on the Authority. It is not here in the Bill.

Sir, in Clause 3, it is also mentioned that no such registration shall be required for warehouses which do not propose to issue negotiable warehouse receipts. Sir, I would like to invite the attention of the hon. Minister to this provision. Sir, the States are having warehouses of their own under the State rules. Now, we are going to have warehouses under this Bill. What will happen to those warehouses, which already exist? This condition is a kind of restriction. In a way, clause 3 says to the States, accept the provisions or leave it. That means, the State warehouses will not be able to partake the benefits of these finances. So, that way, the concerns of the States are being ignored.

Sir, you were also asking as to under which list it is coming. It was said, it is in the Union List. Sir, the warehouses, which work in the States, deal with farmers, panchayats, municipal councils, the State organisations, and other State matters. But it is not in the State list. It is not even in the Concurrent List. At any fora, where the Centre-State relations are discussed, it is recommended that the residuary powers should be with the States. But, in the Bill, warehousing is not put in the Concurrent list. What to speak of the State list; it is not even in the Concurrent list. We strongly oppose this. I request the hon. Minister to accept the recommendation of the Standing Committee for Constitutional amendment in this regard after consultation with the States.

(Contd. by sk-3e)

SK/3E/5.55

SHRI MATILAL SARKAR (CONTD.): The Standing Committee has given specific recommendation on this point. I would like to invite the attention of the hon. Minister to clauses 4 and 5 which deal with the registration of warehouses. (Time-bell)

Please, give me some more time, Sir. I am in the Standing Committee and I have dealt with the issue at length.

THE VICE-CHAIRMAN (SHRI SANTOSH BAGRODIA): I am only warning you. I do not want to disturb you. You just try to make it short.

SHRI MATILAL SARKAR: I have serious reservations in allowing private accreditation agencies to issue certificates of accreditation to warehouses and issuing negotiable warehouse receipts. Sir, what do the recommendations of the Standing Committee say in this regard? I am reading this recommendation. "The Bill provides for setting up of accreditation agencies to issue certificate of accreditation to any person carrying on the business of warehouse subject to their satisfying certain terms and conditions. As per the Bill, these accreditation agencies can be both private and public bodies. The Committee feels that instead of private agencies being authorised to issue the certificate, the State Governments can be authorised to do this work subject to certain terms and conditions which can be laid down by the Union Government". So, with regard to the accreditation agencies, clinging to the side of private agencies, there is a caution from the Standing Committee and the Standing Committee has given this clear-cut decision to empower the State Governments to deal with the matter. Sir, as the warehouses will work in the States, under the local conditions of the States, the Standing Committee again has given recommendation that "Wherever possible, State-based advisory councils, consisting of nominees of the State Governments, be constituted and States be consulted for warehousing activities within the States". So, the Standing Committee has clearly given the direction that there should be a State-based advisory council at the stage of implementation of this Act. So, Sir, I emphatically demand that this recommendation should be accepted for execution.

Now I will come to clauses 6 and 9. Clause 6 deals with the relation between warehousemen and the seller, that is, who is taking the goods to the warehouse, that is, the receipt holder. In a nutshell, I should say, in sections 6 and 9, some words have been chosen to skilfully deprive the receipt-holder. The words are ' unavoidable circumstances', 'lawful excuse', 'reasonable and possible under circumstances'. All these words have been chosen to empower the warehouseman so that he can sell the goods without the knowledge of the receipt holder. (Contd. by 3f-ysr)