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A BRIEF REPORT

The Business transacted during the First Session [March] 1997

The Second Legislative Assembly of the State of Goa

Zssued by

THE GOA LEGISEATmE SECl%ETmIAT SE'XEETABUT PANAJX

1997

, A BRIEF REPORT

THE BUSINESS TRANSACTED DURING THE FIRST SESSION (MARCH) 1997

THE SECOND LEGISLATIVE ASSEMBLY

OF THE STATE OF GOA

P R E F A C E

This booklet contains a journal of the Business transacted during the first Session (March), 1997 of the Second Legislative Assembly of the State of Goa prepared in pursuance of the Provisions of Rule 293 of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly Statistical information in regard to some of the items is also given wherever possible.

Assembly Hall, %

Panaji, 19th Sept. 1997

ASHOK B. ULMAN Secretary to the Legislative

Assembly of the State of Goa

TABLE OF CONTENTS

Brief Report of the First Session (March) 1997 of the Second Legislative Assembly of the State of Goa.

Statement No. I . . . Dates of Meetings.

Statement No. 2 . . . Attendance of Members.

Statement No. 3 . . . Percentage of attendance of Members.

Statement No.4 . . . Summary of Business transacted by the second Legislative Assembly of the State of Goa.

Statement No. 5 . . . Supplementary Demands for Grants for the year 1996-97.

Statement No. 6 . . . Statistical Information regarding Govem- kent Bills.

Statement No. 7 . . . Private Members Bills.

Statement No. 8 . . . Notice under Rule 63 (Calling Attention).

Statement No. 9 . . . Non-official resolutions.

Statement No. 10 . . . Departmentwise statistical information regarding Starred Qpestions.

Statement No. 1 1 . . . Statistical Information regarding . Unstarred Questions.

Statement No. 12 . . . Presentation of Reports.

Statement No. 13 . . . Papers laid on the Table.

Statement No. 14 . . . Announcement of assent to Bills.

Statement No. 15 . . . Nomination of members by the Speaker on Panel of presiding Members.

Statement No. 16 . . . Nomination of Members by the Speaker on Committees of the House.

A Brief Report of the First Session (March) 1997 of the second Legislative Assembly of the State of Goa

The First Session (March) 1997 of the Second Legislative Assembly of the State of Goa, commenced at the Assembly Hall on 13th March, 1997. The House was adjourned sine-die on 3 1st March, 1997. Ten meeting were held and the total time taken for the Business of the meeting was 43 hours 02 minutes.

Condolatory Motion

Motion of condolence on the death of Shri Ranu Prabhu Desai, Ex-MLA was made on 13.3.1997.

Motion for congratulation

Motion of congratulation to Margao Municipal Council for their efforts in solving the garbage problems of Margao city by entering into an agreement with M/s Komax India Environmental Engineering Pvt. Ltd. to install and operate a garbage treatment and processing plant at Margao was moved on 14.3.1997.

Financial Business

Supplementary Demands for Grants for the year 1996-97 (Second Batch) were presented to the House on 20th March, 1997. In all 60 Demands were moved. Discus- sion and voting on Demands took place on the same day.

(Vide statement No. 5)

Government Legislative Business

Thirteen Bills were introduced during the session. Out of which twelve Bills were passed and one Bill was referred to Select Committee.

(Vlde Statement No. 6)

Private Members Bills

Two Bills were introduced during the Session. One was defecated and one was withdrawn.

(Vide Statement No. 7)

Calling Attentions

Five calling Attention notices were received out of which four were admitted.


Non-official Resolutions \

Two days were allotted for Private Members Business. Nineteen Notices of resolutions were received out of which sixteen were admitted.


Starred and Unstarred Questions

-1

Notices of 537 Starred and 63 Unstarred Question were received.

Questions Starred Unstarred Total

Received Starred Questions admitted as Disallowed withdrawn referred to Members etc. Consolidated Admitted Replied Not reached

(Vide Statement No. 10 & 1 1)

Presentation of Reports

Report of the Privilleges Committee, Report of Select Committee on Bill No. 3 1 of 1995 - The Goa Police Bill 1996 and 1 Ith Report of the Committee on Delegated Legislation Committee were presented to the House.


Papers laid on the Table

Three lists of papers were laid on the Table of the House.


Other Announcements

President Governors' Assent to six Bills was announced


Nomination of Panel of Presiding Members


Nomination of Members on Committees of the House.


STATEMENT NO. 1

Sr. No. Date of Meetings Timing of meeting Total period From T o Hrs. Minutes

1 . 13.3.1997 2.30 3.04 I . 14 3.49 5.53 2. 04

STATEMENT NO. 2

Attendance of Members Gcluding Speaker, Dy. Speaker, Ministers and Leader of Opposition).

Sr No Date Present Absent -

1 13th March, 1997 22 1

2. 14th March, 1997 23 NII

3. 15th March, 1997 22 1

4. 18th March, 1997 22 I

5. 19th March, 1997 23 Nil

6. 20th March, 1997 23 Nil

7. 21st March, 1997 20 3

8. 25th March, 1997 22 1

9. 26th March, 1997 23 NII

10. 31st March, 1997 21 2

STATEMENT NO. 3

Percentage of attendance of each Member of the Legislative Assembly (Excluding Speaker, Dy. Speaker, Ministers and Leader of Opposition).

Sr. No. Name of the Member No. of days Percentage attended in

Shri Parshuram N. Kotkar

Shri Surendra V. Sirsat

Smt. Fatima D'Sa

Snri Manohar Parrikar

Smt. Victoria Femandes

Shri Krishna Kuttikar

Shri Pandurang Bhatale

Smt. Shashikala Kakodkar

Shri Sadanand U. Malik .

Shri Narahari Haldankar

Shri Shivdas A. Verekar

Shri Shripad Y. Naik

Shri John Manuel Vaz

Shri Aleixo Sequeira

No of days 51 No Name of the Menibel attended ~n Pel centage

Sess~on

15. Shri Joaquim Alemao 7 70%

16. Shri Digambar Kamat 9 90%

17. Shri Antonio Gaonkar 10 100%

18. Manu Fernandes 10 100%

I . Shri Arecio D'Souza 10 100%

20. Shri Vishnu Prabhu 10 ' ' 100%

2 1 . Shri Pandu V. Naik 10 100%

22. S h r ~ Prakash Velip 10 100%

23. Shri Govind Acharya 9 90%

STATEMENT NO. 4

Summary of business transacted by the Legislative Assembly of the state of Goa to day during First Session (March) 1997.

Thursday, the 13th march, 1997

,/ I. Dr. P. C. Alexander: Governor delivered his address. *'

n. Secretary laid a copy of the Governor's Address on the Table of the House.

III. Shri Somnath Zuwarkar, Minister for food and Civil Supplies moved the following condolatory motion.

"This House condoles the death of Shri Ranu Prabhu Desai, Ex-Member df the Goa Legislative Assembly with profound sorrow, in his death the Goa State has lost a great Parliamentarian, slnceres Legislator, eminent social worker and progressive farmer and person who dedicated to the Co-operative movement in Goa and the House expresses its heartfelt condolences to the bereaved.familyV.

Twenty-two Members took part in the debate, one minute silence was observed as a mark of respect to the departed soul.

N. Secretary announced the assent to two Bills. I

V Hon. Speaker read the report of the Business Advisory Committee. The Minister for Legislative affairs moved a motion for adoption of the report.

- 6-- r- :

The Motion was put to vote and carned.

The Minister for Legislative Affairs announced the business to be transacted during the week.

Friday, B e 14th March, 1997.

1. i) Three Starred Questions were answered.

ii) Twenty Starred Questions were not reached and were transferred to Unstarred List.

11. Shri Antonio Gauncar M. L. A. moved the following Congratulatory motion.

" I Congratulate Margao Municipal Council for their effort in solving the garbage problems of Margao city by entering into an agreement with MIS Komex India Environmental Engineering Pvt, Ltd., to install and operate a garbage treatment and processing plant at Margao".

Motion was proposed. Six embers took part in the debate.

Motion was carried unanimously.

11. The Minister for Transport laid on the Table of the House the following.

The Goa Motor Vehicles (Amendment) Rules, 1997.

111. The Secretary announced the President's assent to one Bill.

IV. Shri Manohar Parrikar, M. L. A. called the attention of the Minister for laboure to the following matter of urgent Public importance:-

"Apprehension in the minds of the people of Sancoale, Verna and other parts of Salcete and Mormugao as also workers of Zuari Agro Chemicals Ltd., That the boilers operational in the plant are operated without certification from Inspectorate of Factories and Boilers thereby posing potential danger to their life and property. This failure on the part of the Factories and Boilers Inspectorate may endanger life of the people in 10- 15 kms radius, if boiler explosion cause leak of ammonia tank due to damage. Action taken by Government to protect interest of the people."

Minister for Labour promised to make the statement on 1913197

V. The Minister for Legislative Affairs announced the business to be transacted the ensuing week.

VI . Private Members Business

Resolutions.

I . Resolution No. 3 by Smt. Victoria Femnndes.

" this House strongly recommends Government to convert the Fort Aguada -Prison site as Museum devoted to the glorious saga of Goa's Freedom struggle, a permanent source of eduction an inspiration for students. Youth and visitors to the State".

Resolution was moved and proposed. Two Members took part in the debate. Resolution was withdrawn by leave of the House.

2. Resolution No. 14 By Shri Krishna Kuttiknr,. M. L. A.

"This ~ o u s e strongly recommends Government to upgrade the existing Po- lice Out Post at old Goa into a full fledged Police Station in order to cope up the activities and to maintain law and order situatian there, in view of commissioning of Railway Station at Old Goa shortly by Konkan Railway Corporation. Resolution was moved ad proposed. Two Mem- bers took part in the debate. Resolution was passed unanimously.

3. Resolutiolz No. 12 By Shri Arecio D 'Souzn, M. L. A

" This House .recommends Government to openistart an I. T. I. centre at Cuncolim to impart training to the youth of that area considering the increased job potential in Goa"

Resolution was moved and proposed.

Two Members took part in the debate. '~esolution was passed unanimously.

4. Resolution No. I I By Shri Mnnu Ferizandcs, M. L. A.

"Whereas Government has'revised the contribution of Toddy Tappers from Rs. 0.15 to Rs. 0.50 per tree per month with effect from 1.3.1995 and the Toddy Tappers welfare Boand is empowered to pay Rs. 25.0001- in case of death, Rs. 15,0001- in case of temporary injury caused to a registered Toddy Tappers.

Therefore this House resolves to suitably amend the provisions of Toddy Tap- pers welfare Fund Scheme to enable the dependents of the Toddy Tappers to get enhanced compensation of Rs. 50,5000i- in case of death of Toddy Tappers".

Resoluation was not moved as the Member was absent.

5. Resolutioii No. I By Shri Jhon Manuel Vnz, M. L. A.

"Whereas the local self Government sometimes shelve their development projects like market projects due to paucity of funds and as a result many development works and civic improvement are denied to the citizens;

Therefore this House resolves that the Government expediently permit local self Government to implement self financing projects, as and when submitted to Government for approval whereby the cost the project is recovered by an advance sale of the saleable pat of the project".


Three Members took part in the debate. Resolution was passed unanimously.

Monday, the 17th March, 1997

I. i) Six Starred Question were answered. ii) Twenty five Starred Question were not reached and were transferred to

Unstarred List. iii) Four Unstarred Question were answered.

11. Deputy Speaker presented the Report of the Privileges Committee to the House.

The following Bills were introduced.

1. Bill No. 1 of 1997 - The Goa Industrial Development (Amendment Bill, 1997.

2. Bill No. 5 of 1997 - The Goa Command Area Development Bill, 190'.

3. Bill No. 6 of 1997 The Goa Municipalities (Amendment) Bill, 1997.

4. Bill No. 10 of 1997 -- The Goa Excise Duty (Amendment) Bill. 1997.

IV. Discussion on Government Address.

Shri Pandurang Bhatale, M. L. A. moved a Motion of thanks to the Governor in the following terms.

" That the Members of the Legislative Assembly of Goa, Assembled in this Session are deeply grateful to the Governor for the Address which he has been pleased to deliver to the House on 13th march, 1997."

Motion was proposed.

a) Dr. Kashinath Jhalmi, Leader of Opposition moved the following amendments to the motion of thanks.

"But regrets that there is no mention of:

1. The steps taken by the Government to minimise untoward expenditure.

2. The failure of Government to improve the efficiency in administration.

3. The steps Government has taken to set up financecornmission and election to Zilla Panchayat.

4. Inordinate delay in deciding the issue of Sanads to both Mundcars and Tenants.

5. Failure of the Government to protect the interest of the surplus aided school teachers;

6. Failure of Government to book and penalize the culprits in the recent rape case at Baga Anjuna involving two Sweedish Nationals;

7. Failure of Government to curb the crime rate.

i 8. Increasing incidences of wheat and Kerosene, Smuggling, black marketing and herding;

9. . Undecided Uncertain fate of Colvale Bridge on National Highway 17.

10. Inordinate delay, in completing the geometric improvement of NH 17 at Porvorim thereby posing threat to the security of new Assembly Com- plex."

. b) Shri Manohar Parrikar. M. L. A. moved the following amendments to the Motion of Thanks.

But regards that there is no mention of:--

1. Disregards to Panchayat Raj Act amendment reducing the powers of Sarpanch and delegation the same to the Secretary.

2. Alarming increase in the crime rate in the State (dacoity, murders etc.,).

3. Failure to lay down parallel pipeline from Selaulim to Vasco and frequent breakage in the existing line.

4. Failure in preventing black marketing of Kerosene and LPG supply.

5. Inability to protect tresslenvironment.

6. Increase in the licence to cut trees in Urban areas.

7. Failure to honour the promise of completing of Kadamba power station - power problem in Panaji city & Tiswadi Taluka.

8. Failure to protect'interest of consumer while signing P. P. A. with MsPCL - no transparency.

9. inability to give direction to Proper industrialisation in the State.

10. Failure to control & create proper awareness regarding alarming spread of AIDS.

11. Failure to control illegal cutting of hills and filling of low lands.

12. Proposed surredering of seats in GMC to favour NRIS under the guise of increasing revenue from GMC and causing difficulty to Goans benefit to NRIs.

Amendments were proposed.

Ten Members took part in the debate.

Tuesday, the 18th March, 1997.

I. i) Four Starred Question were answered.

li) Twenty Starred Questions were not reached and were transferred to Unstarred List.

iii) Four Uilstarred Questlon were answered. .

II. Discussion on Governors Address.

Ten Members took part in the debate.

- m.Under Rule 188 of the Rules of Procedure Hon. Chief Minister and Chairman

of Select Committee presented the report of the Select Committee on Bill No. 3 1 of 199.5 - The Goa Police Bill, 1995.

Wednesday, the 19th march, 1997 1'

I. i) Seven Starred Questions were answered. i.

ii) Thirty tree Starred Questions were not reached and were trnasferred to Unstarred List.

- iii) Fight Unstarred Questions were answered.

11. Shri Subhash Shirodkar, Minister for transport moved the following congratulatory motion.

"This House congratulates noted Goan poet Shankar Ramani for his Konkani poetry collection."

'Wilem Nilem Brarnha"

Motion was proposed. Six Members took part in the debate.

Motion was unanimously.

111. Minister for Law and Judiciary, laid on the Table of the House the Following:

> The Goa Ports (Amendment) Rules, 1997.

r IV. Shri Luizinho Faleiro, Minister for Labour made a statement to the urgent matter of Public importance to which his attention was called by Shn Manohar Parnkar; , M. L. A. on 14.3.1997.

A few queries were asked and replied to by way of clarification.

-? V. Presentation of Supplementary Demands for the year 1996 -97 (Second Batch).

In hursuance of clause (1) of Article 205 of constitution of India Hon. Chief Minister presented.-

1. ~emand:&:-grants for the year 1996-97 (Second Batch).

VI. Discussion on Governors Address;

Seventeen Members took part in the debate. The amendment moved by Dr. Kashinath Jhalmi was put to the vote of the House and defeated The amendments moved by Shri Manohar Parrikar, M. L. A. was put to the vote of the House and defeated. The Motion of Thanks to Governor's Address was put to v&e of the House and carried.

Thursday, the 20th March, 1997

I. i) Six Starred Question were answered.

ii) Twenty Nine Starred Question were not reached and were transferred to Unstarred List.

iii) Nineteen Starred Question were answered.

11. Discussion and voting on Supplementary Demands for grants for the year 1996-97 (Second Batch).

Demand No. 1

Demand No. 2 Demand No. 3 Demand No. 4

DemandNo. 5

Demand No. 6 Demand No. 7

Demand No. 8 Demand No. 9 Demand No. 10 Demand No. 1 1

Demand No. 12 Demand No 1 3


- State Legislature. Governor - Appropriation (Charged).

- Council of Ministers.

- Administration of Justice. - Elections - Land Revenue - Stamps and Registration. - State Excise.

- SalesTax. - Taxes on Vehicles. - Other taxes and Duties. - Secretanat.

Interest Payments. Appropriation (Charged). Public Serv~ce Commission. Appropriation (Charged).

- District Admistration. - Treasury and Accounts Administration. - Police. - Stationery & Printing.


Demand No. 20 Demand No. 22 ' Demand No. 23 Demand No. 24 Demand No. 25 Demand No. 26 Demand No. 27


Demand No. 30

Demand No. 3 1 Demand No. 32

Demand No. 33 DemandNo. 34 Demand No. 36 Demand No. 37.

DemandNo. 38 Demand No. 39 Demand No. 4 1 Demand No. 42

DemandNo. 43 Demand No. 44



Demand No. 50 Demand No. 5 1

Demand No. 52

Demand No. 5 3 Demand No. 54 ~ e m i n d NO. f 5 DemandNo. 56

- Public Works.

- Other Adm. Services. - Pensions. - General Education. - Technical Education. - Sports and Youth Services.

- Art and Culture. - Medical and Public Health.

- Family Welfare.

- Water Supply and Sanitation. - Housing. - Urban Development.

- Information and Publicity. - Welfare of Scheduled Castes, Scheduled Tribes

and other Backward Classes. - Labour and Employment. - Social Security & Welfare.

- Relief on account ofNational Calarmties - Agriculture.

Soil and Water Conservation - Animal Husbandry. - Fisheries. - Forestry and Wild Life.

- Food Storage and Warehousing. - Agriculture Research and Education. - Co-operation. - Marketing and Quality control.

- Community Development and Panchayats. - Specnl Area Programme.

- Major and Meqium Irrigation.

- Minor Imgation. - Command Arqa Development.

- Flood Control and Drainage. - Energy.

-- Non Conventional Sources of Energy. - Village and Small Industnes.

Demand No. 57 Demand No. 5 8 Demand No. 59 Demand No. 60 , DemandNo. 61 Demand No. 62


Demand No. 67

Demand No. 68

- Industries. Mining.

- Ports and Lighthouses. - Roads and Bridges. - Road Transport. - Inland Water Transport Services. - Tourism. - Census, Surveys and Statistics.

- Civil Supplies.

- Other General Econ. Services.

All the Supplementary Demands were put to vote and passed.

111. Secretary announced the Assent to two Bills.

IV. Government Bills:-

- A. The following bill was introduced considered, read clause by clause and passed.

Bill No. 2 of 1997 - The Goa Supplementary Appropriation Bill, 1997.

B.The following Bill were considered read clause by clause.

1. BillNo. 1 of 1997 - The Goa Industrial Development (Amendment) . Bfl1997.

At the consideration stage the Shri Prakash Velip, M. L. A. moved a Motion that Bill No. 5 of 1997 - The Goa Command Area Dvelopment Bill, 1997,

was referred to Select Committee consisting of the following Members.

Minister for Irrigation .......................... Chairman

........................ Shn Pandu Vasu Naik Member . ......................... Shri Krishna KuMkar Member

.............................. Shri Prakash Velip Member ......................... Shri SadanandMalik Member

..................... ~ h r i ~arahari ~aldankar Member .......................... Shri Arecio D'Souza Member

....................... Shri Antonio Gaonkar Member

--- 15 .-

Notice was proposed, put to vote and camed.

3. Under Rule 14 1 (a) the Minister for Urban Development moved a motion that the.

Bill No. 6 of 1997 - The Goa Municipalines (Amendment) Bill be taken up for consideration on 261311 997.

The motion was proposed put to vote and carried unanimously.

4. The following Bill was considered read clause by clause.

Bill No. 10 of 1997 - The Goa Excise Duty (Amendment) Bill, 1997.

5. The following bills were introduced:

Bill No. 14 of 1997 - The Goa Portaria Provincial No. 332 dated 24th November, 187 1 Repeal Bill, 1997.

Bill No. 1 1 of 1997 - The Goa Public Libraries (Amendment) Bill, 1997.

Bill No. 13 of 1997 - The Maharashtra Co-operative Societies (Goa Amendment) Bill, 1997.

Friday, the 21st March 1997.

I. i) Seven Starred Question were answered.

ii) Thirty three starred Question were not reached and were transferred to Unstarred List.

iii) Thirteen Unstarred Question were answered.

11. Under Rule 188(1) Smt. Shashikala G. Kakodkar, chairperson presented the 1 lth Report of the Committee on Delegated Legislation to the House.

111. The M~nister for Legislative Affairs announced the business to be transacted during the ensuring week.

1

IV. Private Members Business.

A Bills.-

i) The following Bill was defeated at the consideration stage.

Bill No. 18 of 1996 - The Goa Legislative Diploma No. 2070 dated 15/41 1961 (Amendment) Bill 1996 by Shri Sadanand Malik, M. L. A,)

ii) The following Bill was withdrawn.

iii) Bill NO. 20 of 1996 - The Goa Sales Tax (Amendment) Bill, 1996 (By Shri Manohar Parrikar).

B. RESOLUTION-

1. Resolution No. 16 By Shri Prakash S. Velip, M. L. A.

"Whereas Government of Goa has notified five more Communities from the state of Goa as Other Backward Classes. This House therefore recommends Government to increase the existing percentage of job reserva- tion from 2% to 35% to the 0 . B. C. people of Goa.

2. Resolution was moved and proposed. Seven Members took part in the debate. Resolution was withdrawn by leave of the House."

2. Resolution No. 18 By Shn Digambar Kamat, M. L. A.

"Thls House resolves the Zoning regulation for planning and de1,lop- ment authority be revised without any further delay and till such time conversion of land from settlement zone to commercial zone in cities be kept in obeyance.

Resolution was moved and proposed. Ten Members took part in the debate. Resolution was withdrawn by leave of the House."

3. ResolutionNo. 13 By Shri Arecio D'Souza, M. L. A.

This House strongly recommends Government to make necessary arrangements to receive payments of water bills on fixed days m a month by the respective Panchayats as a facility to the people of the Villages.


Five Members took part in the debate. Resolution was withdrawn by leave of the House.

4. Resolution No. 19 By Shn Shripad Naik, M. L.A.

This House resolves to ban the sale of Tobacco products particularly 'Gutka' in the State of Goa.


Ten Members took part in the Debate.

5 . Resolution No. 7 By Smt. Victoria Fernandes, M. L. A.

"Th~s House strongly recommends Government to vigorously implement the State programme of action for the child in Goa as per the stated specific goals and time schedule by involving all the sections of society and NGUS'


Three Members took part in the debate. Resolution was passed unanimously.

Tuesday, the 25th March, 1997 .

I. i) Nine Starred Questions were answered.

ii) Twenty nine Starred Questions were not reached and were transferred to Unstarred List.

II. . RULING OF HON. SPEAKER.

RULING

In have received following notlce dated 131311997 from Shrl Sadanand Mallk, M. L. A. under Rule 75 of the Rules of Procedure and Conduct of Business of the Goa Legislat~ve Assembly ralsing the question of Breach of Privilege and Contempt of the House against the Hon. Chief Min~stei for disclos~ng the intention of the Government not to impose any add~tlonal taxes which was reported in the local news papers dated 131311 997 before being presented m the House

-- 18 .-

The notice reads as follows:-

NOTICE

Sadanand Malik, M. L. A. Gaonkar Wada-Kudne, Sanquelim, Goa.

Dated: 131311 997.

To, the Secretary, Goa Legislative Assembly.

sir,

Under Rule 75 of rules of Procedure and Conduct of Business of Goa legislative Assembly, I would like to raise the issue of breach of privilege against the Chief Minister for disclosing the intention of the Government not to impose any additional taxes. The fact is reported by local newspapers on 131311997.

Budget proposals are strictly of confidential nature and the disclosure of them before the presentation of the budget is a clear violation of the parliamentary conven- tion and a contempt of the House while in session.

In view of this, I may be granted permission to raise the issue under 76 of Business.

Your faithfully,

Sd/-

(Sadanand U. Malik)

I have carefully gone through the notice of Breach of Privilege as well as rel- evant press reported in the local dailies 'Herald' and 'Tarun Bharat'. The contention of Member is that the Chief Mlnister has disclosed the intension of the Government not to impose additional taxes. Further he contents that the Budget proposals are strictly of confidenbal nature and the disclosure of the same, while in session, before the presentation of the Budget amount to violation of parliamentary canvention and con- temIjt of the House.

- 19- -4

In order to analyses the issue, 1 relied upon the parliamentary conventions viz- a-viz the precendents which have already been occurred in the past and are regarded in weighing such incidents. According to the parliamentary practice, usage and con- vention, it is improper, although technically not a breach of privilege or contempt of the House to give for any reason premature publicity in the press to the notices of question etc. or other slrnilar matters connected with the Business of the House. Thus making of important policy announcement by Ministers outslde the House, while the House is in session is one of the instances which do not cover under the contemptu- ous act but an instance of impioprieties and Breaches of Contentions as brought out by 'Kaul & Shakdhar' on pages 252-253. Infect, the instant issue very much relates to the Business of the House which has been slated to be taken up on 251311997.

Further according to "parliamentary privileges under the Indian Constitution" by Shri D. C. Jain references have been made at page 129 to 130 that in Rajasthan Vidhan Sabha when the statement was made by the Chief Minister outside the House when was in session;

The Speaker held that -

a statement made outside the House did not constitute a breach of privilege of the House. The speaker, however, added that information about major Governmental decisions should first be given to the House if it was in session, in order to establish a healthy parliamentary tradition.

Accordmg to the "Practice and procedure of parliament" by Kaul& shakdhar at page 259, it is stated that -

"No. Privileges of parliament is involved if statements on matter of public interest are not first made in the House and are made outside. Such actions are against conventions and propriety but do not constitute any basis on which breaches of privileges can be founded."

In the instant case, although it is contended by the member that there has been announcement regarding non-imposition of taxation, I feel that there has been no specific disclosure about areas of taxation, however appears to be a passing reference during the press conference. Therefore it may not amount to serious lapse on the part of Chief Minister at the most it can be termed as an act of impropriety as laid down in the above cited conventions. b

It is well established that no privileges or contempt of the House are involved if the statements on matters of public interest are not made in the House although as a matter of propriety that when the House is in session as far as possible important decisions first should be announced in the House.

From the foregoing conventions, I arrived at the conclusion that the instant case not cover under the breach of privilege nor the contempt of the House. However, 1 would like to apprise the Chief Minister that care should be taken so a s not to divulge the issues to the press or outside related to the Business before the House until the same are cornmunitated to the House at the first Instance during or on the eve of the session.

In view of this. I withhold my consent for raising breach of privilege and contempt of the House.

411. Hon Chief Minister Shri Pratapsingh R. Rane, Presented the Annual financial statement for the year 1997-98 to the House.

Wednesday, the 26th March, 1997.

L .i) Ten Starred Questions were answered.

ii) Thirty five Stalled Questions were not reached and were transfered to Unsrarred List.

iii) Sixty Seven Unstarred Question were answered.

11. Secretary announced assent to one Bill.

111. Minister for Legislative Affairs announced the Business to be transacted during the ensuing week.

Under Article 206 (1) (a) of the Constitution of India read with Rule 263 of the Rules of Procedure and Conduct of the Business of the Goa legislative Assembly, Chief Minister (Fianance Minister) moved a motion for vote on Account 1997-98.

Motion was proposed put to vote and carried.

A. The following Bill was introduced, considered read clause by clause and passed.

B111 No. 3 of 1997 - The Goa Appropriation (Vote on Account) Bill. 1997.

B. The following Bills were introduced.

3 Bill No. 12 of 1997 - The court fees (Goa Amendment) Bill, 1997.

ii) BillNo. 15 of 1997 - The Goa Tax on Infrastructure Bill, 1997.

iii) BillNo. 16 of 1997 - The Goa Motor Vehicles Tax (Amendment) Bill, 1997.

iv) Bill No. 17 of 1997 - The Goa Motor Vehicles (Taxation) (Amendment) BI& 1997.

C. The following Bills were considered, read clause by clause and passed.

I) Bill No. 6 of 1997 - The Goa Municipalities (Amendment) Bill, 1997.

ii) BillNo. 1 1 of 1997 - The Goa Public Libraries (Amendment) Bill, 11 997. iii) BillNo. 13 of 1997 - The Maharashtra Co-operative Societies (Goa

' Amendment) Bill, 1997.

iv) BillNo. 14 of 1997 - The Goa (Portaria Provincial No. 332 dated 24th November, 187 1) Repeal Bill, 1997.

VI. Election of two Members on the Town and Country Planning Board.

Shn Manu Fernandes and Shri Pandurang Bhatale M. L. As. were elected on the Town and Country Planning Board.

Monday, 31 st klarch, 1997

I i) Eight Starred Question were answered.

ii) Thirty Starred Questions were not reached and were transferred to Unstarred List.

iii) Hundred and two Unstarred Question were answered.

11. The Chief Minister laid on the Table of the House the Following:- .

Annual Adrmnistration Report ofthe Government of Goa for the year 1995-96.

111. Shri Pandu Vasu Naik, M. L. A. moved the following congratulatory motion:

The motion was proposed. Eight members took part in the debate. Motion was passed unanimously.

IV. Hon. Speaker nominated members on the panel of Presiding Members 1997- 98.

The following Committees of the House have been nominated by the Hon. Speaker for the year 1997-98.

Business Advisory Committee. Rules Committee.

Public Account Committee. Estimate Committee.

Committee on Government Assurances. Committee on Petitions. C o m t t e e on Delegated Legislation. Committee on Privileges.

Library Committee.

Committee on Public Undertaking. Budget Committee.

Government Bills:-

A. The Following Bills were considered read clause and passed.

i) BillNo. 1 1 of 1997 - The Goa Public Libraries (Amendment) Bill, 1997.

ii) BillNo. 12 of 1997 - The Court fees (Goa Amendment) Bill, 1997.

ii~) Bill No. 15 of 1997 - The Goa Tax on Infrastructure Bill, 1997.

iv) BillNo. 16 of 1997 - The Goa Motor Vehicle Tax (Amendment) Bill, 1997,

v) Bill No. 17 of 1997 - The Goa Motor Vehicles Taxation on Passengers and Goods (Amendment) Bill, 1997.

vi) BillNo. 31 of 1997 - The Goa Police Bill, 1995, (as reported by the Se- lect Committee).

'B. The following Bills were passed.

1. Biit No, 1 of 1997 -T The Goa Industrial Development (Amendment) Bill, 1997.

2. BillNo. 10 of 1997 - The Goa Excise Duty (Amendment) Bill, 1997.

Hon. Speaker announced the next Session of the Cioa legislative Assembly will ,e held in the Second fortnight of July, 1997.

The House was adjourned since - die.

STATEMENT NO. 5

Demand for Supplementary Grants for the year 1996-97

(Second Batch) 1

No. of demand Number of Demand No. of Delnatids Remarks moved discussed gu~ll i t~ned

60 Demand No. 1 State Legislative Governor Appropriation (Charged)

- -. /

Demand No. 2 Council of Ministers

Demand No. 3 Administration of Justice

Demand No. 4 Elections

Demand No. 5 Land Revenue

Demand No. 6 Stamps and Registration

Demand No. 7 State Excise

Demand No. 8 Sales Tax

Demand No. 9 Taxes on Vehlcles

Demand No. 10 Other Taxes and Duties

Demand No. 1 1 Secretariat Interest Payments Appropriation (Charged) Public Service Commission Appropriation (Charged)

Demand No. 12 District Administration

Demand No. 13 Treasury and Accounts Administration

Demand No. 14 Police

Demand No. 17

Demand No. I8

DemandNo. 19

Demand No. 20

Demand No. 22

Demand No. 23

Demand No. 24

Demand No. 25

Demand No. 26

Demand No. 27.

Demand No. 28

Demand No. 29

Demand No. 30

Demand No. 3 1

DemandNo. 32

DemandNo. 33

Demand No. 34

Demand No. 36

Demand No. 37

Demand No. 3 8

Demand No. 39

Demand No. 4 1

Demand No. 42

Demand No. 43

Stationery and Printing

Public Work

Other Administrative services

Pensions

General Education

Technical Education

Sports and Youth Services

Art and Culture

Medical and Public Health

~arnil'y Welfare

Water Supply and Sanitation

Housing

Housing

Information and Publicity

Welfare of Schedule Castes and other Backward Classes

Labour and Employment

Social Security and Welfare

Relief on account of Natural

Calamities

Agriculture

Soil and Water conservation

Animal Husbandry

Fisheries

Forestry and Wild Life

Food storage and

Warehousing

Demand No. 44 Agriculture Research and Education

DemandNo. 45 Co-operation

Demand No. 46 Marketing and Quality

Control

Demand No. 48 Community Development and Panchayats

Demand No. 49 Special Area Programme

Demand No. 50 Major and Medium

Irrigation

Demand No. 5 1 Minor Imgation

Demand No. 52 Command Area Development

Demand No. 53 Food Control and Drainage

Demand No. 54 Energy

DemandNo. 55 Non Conventional Sources of Energy

DemandNo. 56 Village and Small Industries

Demand No. 57 Industries

Demand No. 58 Mining

DemandNo. 59 Ports and Lighthouses

Demand No. 60 Roads and Brides

DemandNo. 61 Roads transport

Demand No. 62 Inland Water Transport Services

Demand No. 65 Tourism

Demand No. 66 Census; Surveys and. Statistics

Demand No. 67 Civil Supplies

Demand No. 68 Other General Economic Services

STATEMENT NO. 6

S. No. Title of the Bills Minister in Date of Consideration Clause by Passing Charge Introduction Clause

reading

I. Bill No. 1 of 1997 - The Goa Industries Industries 17-3 1997 20-3-97 20-3-97 3 1-3-97 Developemnt (Amendment) Minister Bill, 1997.

2. Bill No. 2 of 1997 - The Goa Supplementary Chief Minister 20-3-1 997 20-3-97 20-3-97 20-3-97 Appropriation Bill, 1997.

3. Bill No. 3 Of 1997 - The Goa Appropriat~on Chief Min~ster 26-3-1 997 26-3-97 26-3-97 26-3-97 (Vote on Account) Bill, 1997

4. Bill No. 5 of 1997 - The Goa Command Area Irrigation Development Bill, 1997. Minister

5. Bill No. 6 of 1997 - The Goa Municipalities -do- (Amendment) Bill, 1997.

6. Bill No. 10 of 1997 - The Goa Excise Duty C. M (Amendment) Bill, 1997

7. Bill No. I 1 of 1997 - The Public Libraries C. M (Amendment) Bill, 1997.

.- 8. Bill No. 12 of 1997 - The Court Fees (Goa Law Minister Amendment) Bill, 1997.

9. Bill No. I3 of 1997 - The Maharashtra Co-operative Co-operation Socities (Goa Amendment) Minister Bill, 1997.

17-3-97 * Referred I N to Select m Committee I

17-3- 1997 26-3-97 26-3-97 26-3-97

10. Bill No. 14 of 1997 - The Goa (Portaria Provincial C. M. 20-3-1 997 26-3-97 26-3-97 26-3-97 No. 332 dated 24th November, 1871) Repeal Bill, 1992.

I I. Bill No. 15 of 1997 - The Goa Tax on Infrastructure C. M. 26-3- 1997 3 1-3-97 3 1-3-97 3 1-3-97 Bill, 1997.

12 B~ll No 16 of 1997 - The Goa Motor Veh~cle M~n~ter for 26-3- 1997 3 1-3-97 3 1-3-97 3 1-3-97 Tax (Amendment) B111,1997 Transport

13 BIII No. I 7 of 1997 - The Goa Motor Veh~cles .-do L 26-3- 1997 3 1-3-97 31.397 31-3-97 (Taxat~on on Passengers h

N and Goods) (Amendment) -4

Bill, 1997. 11

14. Bill, No. 31 of 1997 - The Goa Pol~ce B111, 1997 Ch~ef Minister 13- 12-1 995 3 1-3-97 3 1-3-97 3 1-3-97 (as reported by Select Comm~ttee) .

STATEMENT No. 7 \ \ \ STATISTICAL INFORMATION REGARDING PRIVATE MEMBERS BILLS

S No T~tle of the Bills Member ~n Date of Date of Date of Date of Remarks Charge Introduct~on Cons~derat~on Clause by Passlng

Clause read~ng

1. Bill No. 18 of 1996 - The Goa Legislative Diploma Shri Sadanand 2011 2-96 - -. - Bill was No. 2070 dated 15-4-1961 Malik defeated (Amendment) Bill, 1996. at the

concidera- tion stage.

2. Bill No. 20 of 1996 - The Goa SalesTax (Arnendmnet) Bill, 1997. Shri Manohar 20- 12-96 - -- - Bill was

Parrikar with- , I N

drawn 00

I STATEMENT No. 8

CALLING ATTENTION (TVOTICE UNDER RULE - 63)

No of Not~ces No Not~ces disallowed No of Not~ce Subject Name of Membec Date on wh~ch rece~ved laosed/w~thdraw~~/not Adm~tted the matter

adm~tted etc was d~scussed - -

5 4 I " Operat~on of Boiler Shri Manohar 19-3- 1997 without certificate Parrikar

Non-official Resolutions

No. of days allotted for the discussion

No. of Notices of Resolutions received.

No. of Resolutions withdrawn

No. of Resolutions not admitted/disailowed

No. of Resolutions admitted

No. of Resolutions Balloted

No. of Resolutions did not figured in the ballot

No. of Resolutions lapsed on propagation

No. of Resolutions Passed

No. of Resolutions defeated

No. of Resolutions withdrawn with leave

Member Absent

STATMEW NO. 10

STATISTICAL INFORMATION OF STARRED QUESTION OF THE FIRST SESSION 1997

Department Received Disallowed Admitted as Consolidated Notices Withdrawn Replied Not put Postponed Not Unstarred lL Admitted Orally to next Reached

Home 3 7 10

Irrigation 2 1 1

Educatio? 32 I Transport 29 7

R. D. A. G

G. A. D. 14 2

Sports 13 -

Revenue 15 - Social . Welfare . 1 1 2 P. W. D. 94 I Panchayati. Raj I I I Industries 26 - Public Health 30 -

Tourism I I I Power 18 2

Vigilance 2 .-

Finance 14 I

Provedoria 2 .-

I9 Town& Country Planning 15 1 9 - 5 - - - - 5

20. CIVI Suppl~es 20 - 7 1 12 - 3 - 9 -

21 Anlmal Husbandry 2 - 1 - 1 - - - - I

22 Urban Development 22 2 2 - 18 - 3 - 15 -

23. Law 5 I 3 - 1 - - - 1 24 Labour 12 2 7 - 3 I - - - 2 25 Agr~culture 9 1 3 - 5 - 1 - - 4 26 Co-operation 5 - 1 - 4 - - - - 4 27 Plann~ng 3 1 1 - I - - - - 1 I!

W 28 Hous~ng 3 - I - 2 - 1 - - 1 +

29 Offic~al Lang 2 - 2 - - - - -- - -

- - - - I

30. Forest 20 - 5 1 14 10 31 F~sher~es 4 - 1 - 3 - 1 - - -

32 Employment 5 I 1 1 2 - - - - 1 33 Art & Culture 7 - 5 - 2 - 4 - - 2

34 lnformat~on 2 - - 1 I - 3 - - I 35 Personnel 5 - 1 I 3 - 1 - -- 1 36 Environment 2 - 1 - 1 - - - - 1 37 We~ght&

Measure 2 - 1 1 1 - -- - - 1 38 Inland Water-

Ways 2 - 1 1 1 - - - - 1 39 M ~ n e s 4 - 1 3 3 - - .- - 3

STATMENT NO. 1 1

DEPARTMENTWISE STATISTICAL INFORMATION OF UNSTARRED QUESTIONS. OF FJRST SESSION 1997

Sr. No. Depar tment Received Disallowed Starred Qestion Consolidated Notice Admitted Replied Admitted as Unstarred

I. Home 3 1 7 - 10 10

2. Irrigation I - 4 5 5 -

3. Education 7 -- 10 17 17

4. Transport 2 - 9 - 1 1 1 1

5. R. D. A. 1 2 2 - 9 -

6. G. A. D. 2 9 9 - 7 -

. 7. Sports - 4 - 4 4

8. Revenue 2 - 8 ' - 10 10

9. Social Welfare 3 5 5 -- 2 -

10. P. W.D. 7 - 30 - 37 3 7

I I . Panchayati Raj 1 - 1 2 2 -

12. Industries 6 1 6 16 - 10 -

13. Public Health I 1 1 12 12 -

14. Tourism 2 8 8 - 6 -

15. Power 9 15 15 - 6 -

1 6. Vigilance - - 1 1 1 -

17. Finance 1 4 4 - 3 -

18. Town & Country Planning 3 - 9 12 12

19. Civi Supplies - 7 7 - 7 -

Anlmal Husbandry Urban Development Law Labour Agriculture Co-operation Plannlng Houslng Official Language Cell Forest F~sheries Employment Art & Culture Personnel Environment Welght & Measure Inland Water- WaysTransport Mines Plannlng & Stationery

- 34-

STATEMENT NO. 12

Presentation of Report

Sr. No. Name of Report Date of Date of Presentation Discussion

1. Report of the Privileges Committee 17-3-1997 -

2. Select Committee on Bill No. 3 of 1995 -The Goa Police Bill 1996. 18-3-1997

3. 1 1 th Report of the Committee on Delegated Legislation Committee. 21-3-1997 --

STATEMENTNO. 13

List of papers laid on the Table

Date on Sr. No. Subject laid by which laid

on the Table of the House

1. The Goa Motor Vehicles Minister for Transport 14-3-1997 (Amendment) Rules, 1997. '

2. Annual Administration .Chief Minister 13-3-1997 Report of the Government of Goa for the year 1995-96

3. The Goa Ports (Amendment) Law Minister 19-3- 1997 Rules, 1997.

9 - - ->3 -

STATEMENT NO. 14

Announcement of Assent to Bills

Sr. No Name of the B ~ l l Date o f Whether assented wh~cl i assent enacted by the announced President o r

Governor

1. Bill No. 16 of 1996-The Goa Supplementary Appropriation Bill, 1996. 13-3-1997 Governor

2. Bill No. 21 of 1996-The GoaPanchayat Raj (First) Amendment) Bill, 1996. 13-3- 1997 Governor

3. Bill No. 29 of 1995 - The Goa Advocate's Welfare Fund g l , 1995. 14-3-1997 President

I 4. Bill No 17 of 1996 -The Goa Legislative

Diploma No. 2070 dated 15-4- 196 1 20-3- 1997 Governor (Amendment) Bill, 1996. .

5. Bill No. 22 of 1996 - The GoaNon-Bio- degradable Garbage (Control) Bill, 96. 20-3- 1997 Governor

6. Bill no. 19 of 1996 - The Goa Adrmnis- trative Tribunal (Amendment) Bill, 1996. 26-3-1997 ' Governor 1

STATEMENT No. 15

Nomination of Members on various committees

Sr. No. Name of the Committee Name of the member Rule under Date which o f

elected Elected

1. Business Advisory 1. Hon. Speaker - Chairman 195 31-3-97 Committee 2. Hon Dy. Speaker

3. The Chief Minister 4. The Law Minister 5. The Leader of Opposition 6. Shri Shnpad Naik

2. Rules Committee

3. Public Accounts Committee '

1. Hon. Speaker - Chairman 219 3 1-3-97 2. Hon. Dy. Speaker 3. The Law minister 4. Shri Krishna Kuttikar 5. Shri Sadanand Malik 6. Shn Narahari Haldankar

1. Shri Sadanand Malik 20 1 31-3-97 Chairman

2. Shri Antonio Gaonkar 3. Smt. Fatima D' Sa 4. Shri Pandu Vasu Naik 5. Shri Manohar Parrikar 6. Shri Manu Fernandes

4. Estimates Committee 1. Shri Krishna Kuttlkar 203 31-3-97 .

Chairman 2. Shri Pandurang Bhatale 3. Shri Aleixo Sequeira 4. Shri Jagdish Acharaya 5. Shri Vishnu Prabhu 6. S h Shripad Naik

5. Committee on Govt. 1. Shri Antonio Gaonkar 203 3 1-3-97 Assurances Chairman

2. Shn Pandu V. Naik 3. Shri Pandurang Bhatale 4. Shri Digamber Kamat '5. Shri Shivadas Verenkar 6. Shri Arecio D'Souza

Rule under Date Sr. No. Name o f the ('ommittee Name of the member whicli of'

Elected Elected

6. Committee of Petitions 1. Shri Aleixo Sequeira 206 3 1-3-97 Chairman

2. Shri Jagdish Acharya 3. Smt. Shashikala Kakodkar 4. Shri Shivadas Verenkar 5. Shri Manohar Parrikar 6. Shri Manu Femandes

7. Committee on Delegated 1. Shri Surendra Sirsat 216 3 1-3-97 Legislatation Chairman

2. Shri Antonio Gounkar 3. Smt. Victoria Femandes 4. Shri Pandu Vasu Naik 5. Shri Parshuram Kotkar 6. Shri Joaquim Alemao

8. Committee on Privillages: 1. Hon. Dy. Speaker Chairman

2. Shri Alexio Sequeira 3. Shri Krishana Kuttlkar 4. Shn Prakash Velip 5. Shn Vishnu Prabhu 6. Shn Arecio D'Souza

9. Library Committee 1. Shri Shripad Nalk Chairman

2. Smt. Victoria Femandes 3. Shri Purshuram Kotkar 4. Shn Prakash Velip

10. Committee on Public 1. Shri John Manual Vaz 24 1 3 1-3-97 Undertaking Chairman

2. Smt. Fatma D'sa 3. Shri Pandurang Bhatale 4. Shri Antonio Gauncar 5. Smt. Shashikala ~ a k o d k r 6. Shn Digambar Kamat

Rule under Date Sr No Name ot the C'omm~ttee Name of the menibel w h ~ c h o f

Elected Elected

1 1. Budget Committee 1. Smt Fatima D'sa 171 3 1-3-97 Chairperson

2. Shri Jagdish Acharaya 3. Shri John Manuel Vaz 4. Shri Surendra Sirsat 5. Shri Narahari Haldankar 6. Shri Joaquim Alemao

STATEMENT No. 16

Nomination of Members on Panel of Presiding Members

1. Shri Pandu V. Naik.

2. Shn Digarnbar Kamat

3. Shri Surendra Sirsat

4. Shri Arecio D'Souza

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