Downstream oil sector regulator Petroleum and Natural Gas Regulatory Board (PNGRB) has been mired in controversies in the past over alleged misuse of office by a member, differences over the Ghaziabad city gas network authorisation of IGL and over authorisation of trunk pipelines. Recently, two Board members have alleged in a petition before the Supreme Court that Chairman L Mansingh controls and decides matters singlehandedly, destroying the Board’s multi-member character. Mansingh, who has been the first chairman ever since the board was set up in 2007, speaks to Ajay Modi on its functioning.
Has the board been functioning fairly and according to norms?
Under the Act, the chairman has been entrusted with the responsibility of general superintendence and direction in conduct of the Board's affairs and he shall in addition exercise such functions and power as may be assigned by the Board. The Board has been entrusted with a host of functions. From the beginning, the government has focused on selection of members with the right kind of background and experience. Nothing under the Act prevented the chairman from keeping the functional responsibility of authorising pipelines. However, I did not keep a single subject and every functional responsibility was distributed among members in accordance with their expertise. I have on several occasions asked the members to give suggestions on improving functioning. However, I have got nothing from them.
Was it at your discretion to decide which powers you could keep with you?
Yes, nothing prevents me from keeping that power of functional responsibility. But from the beginning the chairman did not keep any powers with him. Still, some members were unhappy with the powers that they got.
Who takes the decisions?
All decisions are taken by the Board. Meetings are held as per the Act and under the regulations that are standard to any regulator. Board meetings were being held at regular intervals and matters were decided. So far every single decision of the Board has been unanimous. As per the regulations, the minutes of the Board is recorded by the secretary who is in the same rank as the member. After every meeting the minutes is recorded and it is circulated to all members. If somebody has an objection, he is expected to point it put. This has never happened. In the next meeting, minutes of the previous meeting is the first item on the agenda. Any Board meeting is the confirmation of the minutes of the previous meeting. So far, every single minutes has been confirmed unanimously.
What process is followed before a matter is taken up by Board?
After a draft is prepared by the Board secretariat, intensive internal debates are done formally and informally. I have always encouraged the members to express a difference in opinion. Only when there is consensus, the matter is put up before the Board. I cannot carry the secretariat draft and force a decision. We follow an elaborate decision making process. First, we approve the draft and it is put on our web site and stakeholder comments are invited. This is followed by an open house and comments are discussed in presence of members before finalising a proposal. I have tried to put in a system where discretion is at minimum whether by the chairman or any other member.
What kind of role do the chairman and members play in authorisation?
For grant of authorisation there are 43 levels of processing. Not a single case of authorisation has been decided by me. The Board decides in the presence of members.