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Vol 206

No 15

Tuesday

13 December 2005

22 Agrahayana 1927 (Saka)

PARLIAMENTARY DEBATES

RAJYA SABHA OFFICIAL REPORT

CONTENTS

Re Demand for laying the Report of the Ethics Committee (pages 1-2)

Reference by the Chair-Fourth anniversary of terrorist attack on Parliament House Building on 13th December 2001 (pages 2-3)

Oral Answers to Questions (pages 3mdash30)

Written Answers to Starred Questions (pages 30mdash45)

Written Answers to Unstarred Questions (pages 46mdash214)

Papers Laid on the Table (pages 215mdash235)

Report of the Committee on EthicsmdashPresented (page 235)

Motion regarding consideration of recommendations contained in Fifth Report of the Committee on EthicsmdashAdopted (page 235)

[PTO

copy RAJYA SABHA SECRETARIAT

NEW DELHI

PRICE RS 5000

Motion to Agree with recommendations contained in Fifth Report of the Committee on Ethics (pages 236-237)

Report of the Department Related Parliamentary Standing Committee on Human Resource DevelopmentmdashLaid on the Table (page 237)

Report of the Department Related Parliamentary Standing Committee on IndustrymdashLaid on the Table (page 238)

Report of the Joint Committee on Offices of ProfitmdashLaid on the Table (page 238)

Reports of the Department Related Parliamentary Standing Committee on Chemicals and Fertilizers mdash Laid on the Table (page 238)

Reports of the Department Related Parliamentary Standing Committee on Finance mdash Laid on the Table (pages 238-239)

Message from Lok Sabhamdash

The Disaster Management Bill 2005 mdash Reported (page 239)

Government Billsmdash

The Criminal Law (Amendment) Bill 2003 mdash Passed (page 239mdash265)

The Chartered Accountants (Amendment) Bill 2005mdashPassed

(pages 287mdash353)

The Cost and Works Accountants (Amendment) Bill 2005mdashPassed

(pages 287mdash353)

The Company Secretaries (Amendment) Bill 2005 mdashPassed (pages 287mdash353)

Matter raised with permission-Police misbehaviour against a Member of

Parliament at Bandra-Kurla police station in Mumbai (pages 265mdash272)

Special Mentionsmdash

Non-curtailment of flood relief to Karnataka (pages 272-273)

Demand for compensation to the victims of bomb blasts in the country (pages 273-274)

Demand to provide pure drinking water for controlling water borne diseases in the country (page 274)

Demand for proper rehabilitation of rescued child labourers in the country (page 275)

Demand to enact National Adoption Law (pages 275-276)

Revival of Hindustan Photo Films Limited (pages 276-277)

Demand for speedy development of Railways in Orissa (pages 277-278)

Demand for Central Grants to protect the interest of Karnataka farmers

(pages 278-279)

Need to upgrade Nizams Institute of Medical Sciences and Sri Venkatashwara Institute of Medical Sciences in Andhra Pradesh (page 279)

Concern over terrorists having acquired high technological weapons and communication system (page 280)

Inclusion of eleven castes of Bihar in the list of Scheduled Castes

(page 280)

Need to prevent girl child marriages aborting female foeticide and growing gender imbalance in the country (pages 280-281)

Concern over spread of dengue in Delhi (pages 281-282)

Demand to take over some roads in Assam under Ministry of Defence

(page 282)

Need to encourage Homoeopathic medicines in the country

(pages 282-283)

Need for taking effective measures for production of zetropha crop in the country (pages 283-284)

Shifting of the Regional Training Institute of the Central Board of Direct Taxes from Hazaribagh Jharkhand (pages 284-285)

Ensuring smooth movement of vehicles carrying animals in view of the forthcoming festival of Bakrid (pages 285-286)

Web-site Address http rajyasabhanicin httpparliamentofindianicin

E-mail Address rsedit-esansadnicin

RAJYA SABHA

Tuesday the 13th December 200522 Agrahayana 1927 (Saka)

The House met at eleven of the clock

MR CHAIRMAN in the Chair

RE DEMAND FOR LAYING THE REPORT OF

THE ETHICS COMMITTEE

ी शरद यादव (िबहार) सभापित महोदय पहल हम एमपी वाल मामल पर सवाल उठाना चाहत ह

ी सभापित पहल कव चन ऑवर यह मामला एक घट बाद म भी उठ सकता ह ऐसी कोई बात नही ह ( यवधान)

SHRI DIPANKAR MUKHERJEE (West Bengal) Sir something must come out otherwise we will not be in a position to face to people The Ethics Committee has given its Report Let us start with that (Interruptions)

ी सभापित पहल कव चन ऑवर होन दीिजए ( यवधान) SHRI DIPANKAR MUKHERJEE Sir the Ethics Committee has given its

Report Let us read it out in the House (Interruptions)

ी शरद यादव सभापित जी इसम 5 िमनट स यादा नही लगन वाल ह ( यवधान)

ी सभापित पहल कव चन ऑवर हो जाए ( यवधान) माननीय सद य यह 12 बज हो जाएगा इसम ह ही कया ( यवधान)

ी एसएसअहलवािलया (झारखड) महोदय कल आपन एिथकस कमटी को यह मटर रफर िकया था वह अपनी अ तिरम िरपोटर द और उस पर जो कछ काररवाई करनी ह वह आप कर वह िपरिलिमनरी िरपोटर द और उस पर काररवाई हो ( यवधान)

ी शािहद िसि की (उ तर परदश) सर इसस हम लोग की गई ह -گئ ہے سر اس پر ہم لوگوں کی شری شاہد صديقی

Expunged as ordered by the Chair daggerdagger TJransliteration in Urdu Script

RAJYA SABHA [13 December 2005]

ी एसएसअहलवािलया यह ससद की परणाली पर और ससदीय पर पराओ पर कठाराघात हआ ह ( यवधान)

ी शरद यादव इसम 5 िमनट स यादा कोई समय नही लगन वाल ह हमारी बचनी ह िक इस सवाल को आप अभी ल ( यवधान)

ी सभापित माननीय सद य यह आज िलि टड ह ऐसा नही ह िक वह आज आन वाला नही ह एक घट बाद आ जाएगा कव चन ऑवर क बाद कय िक यह िलि टड ह ऐसा नही ह िक िल ट नही हआ ह ऐसी ि थित म कव चन ऑवर ख म होत ही वह सब आ जाएगा एक िमनट म ( यवधान)

SHRI DIPANKAR MUKHERJEE Sir if the Ethics Committee has given the Report what is the harm in placing it in the House before the Question Hour (Interuptions)

SHRI V NARAYANASAMY (Pondicherry) The matter is before the Ethics Committee What discussion you would like to have in the House (Interruptions)

SHRI SHAHID SIDDIQUI It is a question of the dignity of fr House (Interruptions)

__________

REFERENCE BY THE CHAIR

Fourth anniversary of terrorist attack on parliament house building on 13th december 2001

MR CHAIRMAN Hon Members today is the fourth anniversary of the terrorist attack on the Parliament House building

This House recalls the Supreme sacrifice of our security personnel on this day four years ago in successfully preventing the entry of terrorists into the Parliament House Eight of our security personnel laid down their lives in protecting this temple of democracy They comprised two of the-Rajya Sabha Secretariat Watch and Ward Staff five Delhi Police personnel and one woman Constable of the Central Reserve Police Force One Gardener of the CPWD also lost his life

On this occasion we express our firm resoJve to fight the acts of terrorism with determination We will not allow terrorism to impede our development

2

[13 December 2005] RAJYA SABHA

I request Members to rise in their places and observe silence as a mark of respect to the memory of those who lost their lives in this tragedy

(Hon Members then stood in silence for one minute)

ी एसएसअहलवािलया (झारखड) माननीय सभापित महोदय अभी-अभी हम लोग न दधाजिल अिपरत की ह उन शहीद को िज ह न पािलरयामट की सरकषा की पर आज समाचार पतर म िनकला ह िक अभी तक उनकी िवधवाओ को क पनसशन नही िमला ह अगर उनको क पनसशन नही िमला ह तो वह तर त िदया जाए और उनक पिरवार की सरकषा तथा उनक पिरवार की पढ़ाई-िलखाई का जो खचार वहन करन की बात उस वकत कही गई थी उसक परा िकया जाय

ी बलबीर कपज (उ तर परदश) चयरमन सर इसम सरकार की तरफ स जो ( यवधान)

ी सभापित म बताता ह म समझता ह िक सरकार की तरफ स इसका आज िमलना चािहए सभव हो तो क पनसशन जो अब तक नही िदया गया ह उसको दन की िकस परकार की यव था की गई ह और नही िदया गया ह तो कय नही िदया गया ह

कािमरक लोक िशकायत और पशन मतरालय म रा य मतरी तथा ससदीय कायर मतरालय म रा य मतरी (सरश पचौरी) सभापित महोदय आपन जो िनदश िदया ह उसस म सबिधत मतरी जी को अवगत करा दगा और उनस यह भी कहगा िक वह यह भी जरा दख ल िक पवर सरकार क दौरान जबिक यह घटना उस कायरकाल म हई थी कया कारण थ िक उस समय क पनसशन नही िमल पाया और आज कया कारण ह िक अभी तक नही िमल पाया ह दोन चीज की व ति थित स माननीय मतरी जी अवगत करा दग

__________

ORAL ANSWERS TO QUESTIONS

281 [The questioner (Shri Pramod Mahajan) was absent For answer vide page 30 infra]

Tapping of PSU deposits

282 SHRI V NARAYANASAMY Will the Minister of FINANCE be pleased to state

(a) whether Government propose to relax the condition enabling foreign banks to tap the Public Sector Undertakings deposits and

3


(b) if so by when it will be implemented

THE MINISTER OF FINANCE (SHRI P CHIDAMBARAM) (a) and (b) No proposal to relax the conditions enabling foreign banks to tap the PSU deposits is under consideration of the Government

SHRI V NARAYANASAMY Mr Chairman Sir the Government took a decision to give finacial autonomy to the public sector undertakings in this country There are some oil companies which were having surplus funds which they would like to invest Earlier restrictions were imposed Now a Ibt of foreign banks are operating in our country with the permission of the Reserve Bank of India I am not vouchsafing or even supporting that foreign banks alone should be chosen for deposits by the public sector undertakings When we give financial autonomy and flexibility in functioning to these public sector undertakings and also financing their resources why is the Government of India not considering investments by the public sector undertakings in foreign banks in order to get more returns on their investments

SHRI P CHIDAMBARAM Sir this restriction is not imposed by the Reserve Bank of India This restriction is imposed by the Government Therefore whether this restriction should be relaxed to the public sector undertakings is a matter for the Government to consider I shall certainly pass on the Members suggestion to the concerned Ministry

SHRI V NARAYANASAMY Sir my second suplementary is (Interruptions) Sir the Finance Ministry is also part of the Government and the hon Minister is representing in the Cabinet and he also sits in the Cabinet meetings I agree that it is a policy matter I would like to know whether the Minister would not only pass on but also he takes initiative I would like to submit this because when you say financial autonomy and flexibility why do not you consider this Just do not pass on the buck the entire spectrum to the Cabinet or even the Central Government I want a categorical answer from the hon Finance Minister

SHRI P CHIDAMBARAM Sir I am not passing the buck to my colleague I am passing the suggestion to my colleague

SHRI V NARAYANASAMY Sir on the first supplementary no reply has come I would like to put the second supplementary (Interruptions)

It is a genuine question When you want the public sector autonomy it should be full autonomy for the public sector I oppose giving partial

4

[13 December 2005] RAJYA SABHA autonomy and keeping certain issues under your control That is why I am posing this question to the hon Finance Minister

SHRI P CHIDAMBARAM Sir these are very good suggestions which deserve to be considered expeditiously And I will certainly pass on these suggestions also

SHRI DIPANKAR MUKHERJEE There is another suggestion now I dont know whether it will be passed on or he will take a decision Sir as per the Public Enterprises Survey the reserves of the public sector undertakings are to the tune of Rs 259600 crores So Sir I want to know from the hon Minister whether out of these Rs 259600 crores reserves the Government is considering utilising a part of this on the revival of sick PSUs instead of shedding of equities of the profitable public sector undertakings

SHRI P CHIDAMBARAM Sir the reserves of a public sector enterprise belong to that enterprise You cannot take the reserves of one PSE and revive another PSE unless the first PSE buys the equity of the second PSE These are legal entities They are answerable to their shareholders In some cases the Government is a sole shareholder In other cases there are other shareholders How the reserves of a public sector undertaking should be utilised is a matter for the Board of Directors of that public sector enterprise with the approval of the administrative Ministry wherever necessary to take a decision However the Ministry of Finance has asked the public sector undertakings where there are large reserves to declare special dividends or to declare bonus shares because a part of this wealth must indeed come to the Government Guidelines have been issued It has not been issued for the first time These guidelines have been issued from time to time in the past also If some reserves of the PSE are made available to the Government either as a special dividend or otherwise then certainly that will come into the Budget and appropriation of that money or the allocation of that money for purposes would be considered by the Government subject of course to the approval of Parliament One of the purposes for which we do use Budgetary resourcs is to revive sick public sector enterprises We have in 2004-05 and 2005-06 spent a lot of money for reviving revivable public sector enterprises Hon Member knows about that colleague the Minister has placed that list before Parliament We have given figures of how much we have given to sick public sector enterprises Reviving revivable

5

RAJYA SABHA [13 December 2005] public sector enterprises is among the objectives of this Government But this issue ought not to be clubbed with the issue of disinvesting small portions of equity in profitable non-Navratna public sector enterprises The philosophy of that has been explained separately in a Calling Attention Motion and in reply to another question If another question on that is raised I shall be very happy to answer that question also These are two separate issues And I dont think one can spill into the other

SHRI JAIARAM RAMESH Sir the original question deals with PSU depositsand foreign banks My question to the hon Minister deal only with one aspect of the question namely foreign banks Foreign banks and public sector banks are in competition with each other and the priority sector norms are applied both to public sector banks and to foreign banks But the manner in which the priority sector norms are fulfilled are different in the case of foreign banks than in public sector banks My question to the hon Minister is whether he would consider reviewing the manner in which priority sector norms are fulfilled by foreign banks so that direct lending to the priority sector by foreign banks increases

SHRI P CHIDAMBARAM Sir the hon Member knows the supplementary that he has asked does not arise out of the main question

MR CHAIRMAN Does he know about it

SHRI P CHIDAMBARAM I am sure (Interruptions) How should priority sector lending be governed in a private sector bank in a public sector bank and in a foreign bank is indeed an important matter Let him raise it through a proper question and I will give him a full answer

SHRI C RAMACHANDRAIAH Sir this is only a clarification My colleague has stated that about Rs 260000 crores reserves of the public sector enterprises are there Hon Minister has not denied it Can I presume that the figure is correct

SHRI P CHIDAMBARAM No Sir I am neither confirming nor denying that figure I do not have the figure with me I am assuming that there are large reserves and I am dealing with the general question of how reserves should be deployed I am neither confirming nor denying the figure I do not have the figure with me

PROF SAIF-UD-DIN SOZ Sir sometime ago the Government had instituted a Committee to look into the working of the public sector

6


undertakings under the chairmanship of an hon Member of Rajya Sabha Or Sengupta I would like to know from the hon Minister because the major question of autonomy of the public sector undertakings has been examined (Interruptions) Would the hon Minister react to this (Interruptions) When are they going to implement that report (Interruptions) The question of autonomy has been raised by Mr Narayanasamy

MR CHAIRMAN You have put your question Let him reply

PROF SAIF-UD-DIN SOZ When are they going to implement that report (Interruptions)

MR CHAIRMAN Please take your seat (Interruptions)

SHRI P CHIDAMBARAM Sir with due respect this question does not concern the autonomy of public sector enterprises If the hon Member says that a report has been submitted I am sure he is right (Interruptions) If he puts this question to the Minister concerned I am sure the hon Minister will answer when the report was submited and what action has been taken This does not arise out of this question

DR K MALAISAMY Sir we are very happy that some of the public sector undertakings are making surplus money What do the public sector undertakings do with that surplus money In other words have you got any initiative to see that how this money can be effectively usefully utilised

SHRI P CHIDAMBARAM Sir I am being invited to trespass into the jurisdiction of my colleague (Interruptions)

MR CHAIRMAN Please do not do that

SHRI P CHIDAMBARAM Sir public sector enterprises reserves are obviously utilised for additional capital investment issue of bonus shares declaring dividends and special dividends and this is how public sector money is utilised If they have reserves that adds to the net worth of the company it is shareholders fund How shareholders fund is to be deployed it is for the shareholders to decide The administrative Ministry of each PSU is the appropriate Ministry to answer how and why these funds are deployed

7


Depletion of ground water

283 SHRI BALAVANT alias BALAPTEdagger

PROF RBS VARMA

Will the Minister of WATER RESOURCES be pleased to state

(a) whether Maharashtra particularly the Vidarbha region Rajasthan and different parts of Western and Northern India including Punjab and Haryana have faced acute dry spetts this year and for the preceding three years with the result that ground water level has depleted a lot

(b) the extent of depletion of ground water level during these years Stateregion-wise and

(c) whether any Central aid has been sought and given to meet the situation if so the details in this regard

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) to (c) A Statement is laid on the Table of the House

Statement

(a) to (c) As per information received from the Indian Meteorological Department different parts of Western and Northern India including Vidarbha and Marathwada Regions of Maharashtra Haryana Gujarat Rajasthan and Punjab have received dry spells this year However the years 2002 and 2004 have been years of deficit rainfall when all the above regions have faced acute dry spell Subnormal rainfall is one of the reasons which has resulted in depletion of ground water level owing to lesser natural recharge The State-wise extent of ground water depletion during these years is as follows

Gujarat Out of the total area of 196 iakhsq km about 127 lakh sqkm (65) area has experienced decline in ground water levels

ranging from negligible to 636 m

Haryana About 29000 sqkm (66) area in the State experienced depletion with decline of water level ranging from 001 m to 445 m

Maharashtra Out of 1198 observation wells monitored in the State about 40 of the wells have registered decline in

daggerThe question was actually asked on the floor of the House by Shri Balavant alias Bal Apte

8


ground water levels upto 2 metres Another 10 wells have registered decline in the range of 2 to 4 metres and 5 of the wells have shown decline more than 4 metres

Punjab About 39000 sqkm (78) area in the State experienced depletion of ground water level with decline ranging from 001 m to 375 m

Rajasthan Major part of the State lias experienced depletion of ground water level decline being in the range between 15 m to 70 m

No Central aid has been sought by the States from the Central Ground Water BoardMinistry of Water Resources to overcome the situation

SHRI BALAVANT alias BAL APTE Sir vagaries of monsoon are there in this country and therefore every year we face a situation of scarcity amidst plenty because much of water goes to the earth and goes waste It is not utilised it is not stored and it is not permitted to seep Therefore Sir the question is insofar as the wateriable is concerned about water management for the purposes of both the richness of the soil and environment water and forests both are necessary Only because of the pressure of international conventions we have made some laws to protect forests But we have not made any laws or policies for the protection of water resources Therefore Sir my question is what steps the Government has taken or proposes to take for the purposes of conservation of water permitting the water to go in the land so that water table may come up even if sometimes rains fall short of the expectations

SHRI SONTOSH MOHAN DEV Sir I fully agree with the hon Member The Central Ground Water Board has identified the critical areas and semi-critical areas in the country I have got a big list If I read out it will take a long time I can lay it on the Table of the House These critical areas are being helped with various processes of roof water system by which water goes down below and then some water channel is also there That is being done in Gujarat and some other places These are the various methods that we are taking An Act was also passed which was accepted by some States and States have yet to amend it to suit their demand The Government is well aware of this It has proved successful

9

RAJYASABHA [13 December 2005]

in certain areas and in some States like Delhi roof water preservation has become mandatory Many schools are voluntarily taking it The Central Ground Water Board is also giving guidance and know-how And we will continue with that effort so that the water which comes is preserved for good purposes in future

SHRI BALAVANT alias BAL APTE Sir the question was whether there is a plan for water management It is not only the matter of the survey of critical areas It does not amount to a plan It is only homework for the purposes of plan And is there any allocation of funds especially for this purpose because without that you will remain only with identifying critical areas without doing anything Has the Government certain plans for water management And does that Government allocate specific funds for this purpose which can be utilized by both the Central Government as well as the State Governments

SHRI SONTOSH MOHAN DEV Sir water is a State Subject The State Governments do make plans They go to the Planning Commission and the allocation is made by the Planning Commission I dont have the details but we do give money through the Planning Commission for better water management and preservation of water

परोरामबखश िसह वमार सभापित जी माननीय मतरी जी न पर न क खड ग क उ तर कहा ह िक इस ि थित स िनपटन क िलए रा य वारा क दरीय भिम जल बोडर या जल ससाधन मतरालय स कोई क दरीय सहायता नही मागी गई ह म इस सदभर म माननीय मतरी जी स कहना चाहता ह िक जसा आपन अपन उ तर म बताया ह िक िवदभर म मराठावाड़ा म गजरात म राज थान म पजाब म हिरयाणा म और उ तर भारत क जो दसर परदश ह उनम एक स लकर सात मीटर तक का जल तर कम हआ ह और आपन यह भी कहा ह िक रा य न सहायता नही मागी ह ऐसी ि थित म इस सम या को दखत हए कया क दर की सरकार इसस िनपटन क िलए वतकोई परय न कर रही ह

SHRI SONTOSH MOHAN DEV Sir the question was addressed to my Ministry But the Ministry of Water Resources does not give help For drought it is the Ministry of Agriculture and in certain cases the Ministry of Home Affairs monitors it I have got with me a list of the funds allocated in the years 2002-03 and 2003-04 But for the current year I do not have figures with me The list that I am having is a big list I can read it out or lay it on the Table of the House as you wish

MR CHAIRMAN Okay you can lay it on the Table of the House

10


ी द ता मघ सभापित जी क दर सरकार न जो परीकषण िकया उसस पता चला िक िवदभर म िगरावट आई हई ह और महारा टर गवनरमट न जल ससाधन मतरालय को इसक िलए कोई िडमाड भजी ह

ी सभापित िवदभर म िकस चीज की िगरवाट आ गई ह

ी द ता मघ सर 3 साल स पानी नही आया ह आज का तकार लोग िकसान लोग आ मह या कर रह ह वहा बहत बरी हालत ह इनक पास जो फड ह य महारा टर गवनरमट न माग ह इ ह न कहा ह िक इनको कोई िडमाड नही िमली ह लिकन मर पास परी इ फॉमशन ह िक महारा टर गवनरमट न खास तौर स िवदभर िक िलए फड माग ह इसको दखत हए मतरी महोदय कया िवदभर क िलए कोई खास पकज दग यह जो सवकषण आपन िकया ह उसक आधार पर कया क दर सरकार की ओर स िवदभर की मदद करन की कोिशश करग

ी सभापित पकज दन का कोई िवचार हो तो बता दीिजए SHRI SONTOSH MOHAN DEV Sir Maharashtra according to the list

was allocated Rs 20 crores in the year 2002-03 (Interruptions) Again an assistance of Rs 25069 lakh was provided to Maharashtra for the drought of 2003-04 (Interruptions)

ी द ता मघ सभापित जी िवदभर म नही िमल रहा ह म िवदभर क बार म पछ रहा ह कव चन िवदभर का ह ( यवधान)

ी सभापित इनको जवाब परा करन दीिजए SHRI SONTOSH MOHAN DEV Sir Vidarbha is in Maharashtra itself

(Interruptions) The further allocations from out of the allocated funds is made by the State Government (Interruptions) I cannot give allocate directly to Vidarbha It is for the Maharashtra Government

ी द ता मघ सभापित जी वह सब पसा इधर-उधर चला जाता ह सवकषण िवदभर का हआ पस उनको िमल लिकन िवदभर म पसा नही आया िजस काम क िलए सवकषण िकया वह पसा कया उनको नही िमलना चािहए

ी मल च द मीणा सभापित जी मतरी न अपन उ तर म बताया ह िक राज थान म पानी क तर म जो िगरावट आई ह वह डढ़ मीटर स सात मीटर तक आई ह इस जल की िगरावट को रोकन क िलए रा य सरकार न कोई ऐनीकट और कई निदय पर बाध बनाकर िसचाई क िलए पानी की यव था क िलए योजनाए आपक पास भजी हई ह जो ऐनीकट योजनाए ह उनको आप कब तक मजर कर दग कब तक वीकत करक भज दग िजसस जल तर बढ़ सक

11


SHRI SONTOSH MOHAN DEV Sir I will go into the details and let him know If there is any specific scheme with him he can send to me I will get it addressed

ी मल च द मीणा यह आई हई ह आप कया दखग आप पता लगाए SHRI SONTOSH MOHAN DEV Definitely I will do it for you That is why I

am here You give me the scheme

ी शाहीद िस ीकी सर यह परी रा टरीय िच ता का िवषय ह और इसिलए इस पर िमिन टरी को एक बड़ा परा लान बनाना चािहए खास तौर पर जो शहरी इलाक ह वह पर पानी 100-200 फीट तक नीच चला गया ह िद ली का यह हाल ह िक यहा पानी 100-200 फीट नीच चला गया ह तो यहा पर रन वॉटर हावि टग क िलए अरबन डवलपमट िमिन टरी या जो रोड क टरकशन की िमिन टरी ह उनक साथ िमल कर कया आप कोई ऐसा लान बना रह ह या नही िजसम यह कपलसरी िकया जाए िक िजतनी िबि डगस बन िजतनी नई कॉलोिनया बन िजतन मकान बन उनक साथ रन हावि टग का परा लान तयार करक उस साथ लकर क टरकशन क साथ-साथ श स िकया जाए उसक बगर उनको क लीशन सिटरिफकट न िमल

سريہ پوری راشٹريہ چنتا کا وشے ہے شری شاہد صديقیاور اس لئے اس پر منسٹری کو ايک بڑا پورا پلان بنا نا

خاص طور پر جو شہری علاقے ہيں وہاں پر پانی سو -چاہئےدہلی کا يہ حال ہے کہ دو سو فٹ تک نيچے چلا گيا ہے

يہاں پانی سو دو سو فٹ نيچے چلا گيا ہے تو يہاں پر رين واٹر ہارويسٹنگ کے لے اربن ڈيولپمنٹ منسٹری يا روڈ

ئ کنسٹرکشن کی منسٹری ہے ان کے ساته مل کر کيا آپ کوايسا پلان بنارہے ہيں يا نہيں جس ميں يہ کمپلسری کيا

جتنی نئ کالونياں بنيں ۓ کہ جتنی بلڈ نگس بنيں جاسڑکيں بنيں ان کے ساته رين ہارويسٹنگ کا پورا پلان تيار کر کے اسے ساته لے کر کنسٹرکشن کے ساته ساته

ۓ اس کے بغير ان کو کمپليشن شر ٹيفکٹ شروع سے کيا جا -نہ ملے

SHRI SONTOSH MOHAN DEV Sir there are three types of drought that is meteorological agricultural and hydrological To overcome these three factors the Ground Water Boards do give service and suggestion

dagger[ ]Transliteration of Urdu Script

12


to various State Governments We are happy that now in metropolitan cities awareness among the citizens has arisen and they themselves have taken some steps In certain areas of Delhi it has been restricted by the fact

ी शािहद िस ीकी म आपस यह पछ रहा ह िक आपकी िमिन टरी कया कर रही ह

ميں آپ سے يہ پوچه رہا ہوں کہ شری شاہد صديقی آپ کی منسٹری کيا کر رہی ہے

SHRI SONTOSH MOHAN DEV It is not my Ministrys duty to go and do it We can promote and motivate people We are doing it I take your suggestions that more awareness schemes should be started But in metropolitan cities awareness among the citizens is less The situation as you said in Rajasthan is very bad But the Rajasthan Government is now taking steps and the Central Water Board is helping them and the situation will improve in future

ी शािहद िस ीकी आप दसर मतरालय क साथ मीिटग कय नही करत इसक ऊपर एक लान तो बनाइए

آپ دوسرے منتراليوں کے ساته ميٹنگ شری شاہد صديقی اس کے اوپر ايک پلان تو -کيوں نہيں کرتے

بنايۓ

MR CHAIRMAN Next Question

Revision of excise duties on LPG based appliances

284 SHRI V HANUMANTHA RAO Will the Minister of FINANCE be pleased to state

(a) whether Government have received representations seeking reduction in excise duties on LPG based appliances from 16 per cent to 8 per cent

(b) whether it is a fact that high excise duties on such consumer goods are allowing cheap import destroying thereby the Indian industry

(c) to what extent Government would rationalize the excise duty structure to ensure that Indian producers are not handicapped by cost-push inflation in production of consumer items like LPG based stoves etc and


13


(d) the measures proposed to ensure that cheap imports do not harm Indian Industry due to irrational excise taxes

THE MINISTER OF FINANCE (SHRI P CHIDAMBARAM) (a) to (d) A Statement is placed on the Table of the House

Statement

(a) Yes Sir

(b) Kitchen stoves in general including cooking ranges etc attract 16 excise duty which is the rate applicable on most manufactured goods However concessional excise duty of 8 has been prescribed for gas stoves of retail sale price upto Rs 2000- per unit Excise duty incidence on gas stoves thus cannot be considered as high On imports gas stoves also attract countervailing duty equal to excise duty and thus domestic manufacturers get adequate protection

(c) As gas stoves are covered under the Cenvat Credit Scheme manufacturers can take credit of excise duty paid on inputs and capital goods There is thus no need to change the present excise duty of 16 which applies to most manufactured goods

(d) On imported LPG stoves peak rate of 15 customs duty is attracted In addition such stoves are also subject to countervailing duty (CVD) equal to excise duty leviable on such stoves manufactured domestically

SHRI V HANUMANATHA RAO Mr Chairman Sir the Government schedule ensures that the Indian consumer goods made in small scale units get a chance to face competition Where is the logic of levying the excise duty of 16 per cent on gas stoves and 8 per cent on presure cookers of all sizes I want not only 8 per cent for all consumer goods but in fact the Government should reduce the excise duty to 4 per cent on all consumer goods made in India Only then we will have a chance to face competition I want to know from the hon Minister what are the reasons for the Government to have different rates of excise duty for the same category of goods in consumer sector I would also like to know whether the Government would review such different rates of taxation and help the small-scale industry

SHRI R CHIDAMBARAM Sir the larger question of tax policy can indeed be discussed when we discuss the Budget and when we discuss

14


the Appropriation Bills The present question is limited to LPG based appliances which really is LPG kitchen stoves As I have said Sir the schedule rate is 16 per cent but in respect of gas stoves at retail price up to Rs 2000 there is a concessional rate of 8 per cent

[MR DEPUTY CHAIRMAN in the Chair]

Now there is the Cenvat rate I thought by and large there is an agreement in this House that the Cenvat rate should be 16 per cent If the Cenvat rate is 16 per cent then all excise duties must in due course converge around that rate But where there are goods of mass consumption and goods which are required by the poorer sections of society we do give a concession against the Cenvat rate and it is that concessional rate of 8 per cent which is being applied to kitchen stoves Now whether any further rationalisation should be done in respect of kitchen stoves is a matter which can only be considered when the Budget is prepared I shall certainly keep your suggestion in mind

SHRI V HANUMANTHA RAO Sir my second supplementary would be this The Government is very considerate towards large industries Their taxation representations get very good attention I would like to know whether the Government would give a fair treatment to the small-scale sector and prepare them to face foreign competition by reducing the excise duties to four per cent for all consumer goods made in this country If not then why not

SHRI P CHIDAMBARAM Sir Government needs revenues Revenues can

be collected only through direct taxes and excise duties The interest from revenue cannot be sacrificed We do encourage the small-scale sector There is an excise duty exemption up to Rs one crore There is the MODVAT scheme under which taxes paid at one stage of production are MODVATed against taxes payable at the higher stages of production

I think it is a wrong assumption that Government is biased in favour of large-scale industry and does not encourage small-scale industry I think the tax structure in this country is by and large favourable to the small-scale industry But whether any further liberalisation in the tax rates in favour of the small-scale industry should be done is a matter which as I said could be considered from time to time Obviously we cannot have a debate on a tax policy issue during the Question Hour

15


SHRI RAVI SHANKAR PRASAD Sir my question relates to part (b) of this question Part (b) of the question says whether a duty structure would in a way deter Indian entrepreneurs in the wake of cheap imports I hope the hon Finance Minister would appreciate that gas connection is getting a wider and wider net now It is seeping into even mofussil towns even to the villages in many parts of the country As a consequence the use of stove is going to be on a wider scale

You have mentioned about giving greater scope for manufacturers to have their goods consumed and this is an area which is certainly in the eyes of foreign manufacturers Therefore when I look at your reply in part (b) you only say the countervailing duty is enough protection I am afraid that is not a very fair staterrfent to make hon Finance Minister because in India the small-scale industry the manufacture of gas stoves is being done on a very quality-oriented basis But certainly It needs some protection in the light of wider demands

In addition to this countervailing duty do you have any other incentives in mind so that competition is welcome but the Indian manufacturer is not being swamped by foreign manufacturers

SHRI P CHIDAMBARAM Sir I have answered in part (d) and maybe hon Members attention was not drawn to part (d) On imported LPG stoves there is a 15 per cent customs duty Upon that customs duty in addition to that customs duty there is a countervailing duty Therefore the level of protection in respect of the stoves would be either 15 plus 8 or 15 plus 16 that is 23 per cent or 31 per cent depending upon the retail price of the imported stove Now I think the level of protection of 23 per cent or 31 per cent as the case may be is an adequately high level of protection against imports

SHRI JESUDASU SEELAM Sir the hon Minister has partly answered the question But I am asking specifically about the consumer goods being imported from China A large number of consumer goods including the LPC-based appliances are becoming cheaper and cheaper What specific measures are beign taken because this has reference to a particular country I am not entering into any debate I only want a clarification (Interruptions) It is about dumping by China It is causing lot of difficulties

MR DEPUTY CHAIRMAN It is about consumer goods

16


SHRI JESUDASU SEELAM Yes Sir that includes the LPC-based appliances too

SHRI R CHIDAMBARAM Sir it is true that Chinese goods are coming to the Indian market It is also true that some Chinese goods which came to the Indian market in a flood have disappeared from the Indian market

The Indian consumer is extremely price-sensitive and quality-sensitive For example some time ago we had batteries coming in here at one or two rupees But those batteries have virtually disappeared now We deal with a rush of-imports through various methods One is customs duty and countervaling duty which I have already answered The other is anti-dumping duty If there is evidence based upon a complaint and investigation that any foreign goods are being dumped into India-and dumping is defined in the lawmdashthen anti-dumping duties are imposed And a number of Chinese goods do suffer anti-dumping duties today The third is the safeguard duty If there is a sudden surge in imports there is another provision of law which allows Government to impose a safeguard duty These are the various provisions that we have

I submit with great respect that the answer is not in raising the customs duty On the one hand we say customs duties must come to ASEAN levels And therefore while customs duty and the countervailing duty are one part of the protection available to Indian maufacturers there are other legal provisions available to deal with goods which are dumped into India or where there is a surge In imports


285 SHRI K CHANDRAN PILLAI Will the Minister of WATER RESOURCES be pleased to state

(a) whether it is a fact that the ground water table in all the geographical regions in the country is depleting

(b) whether uncontrolled sand mining on the river beds is one of the major causes for the unprecedented depletion of ground water

(c) if so the details thereof

(d) whether there is any Central normrule pertaining to the mining of sand on the river beds

17


(e) if so the details thereof and

(f) if not what steps Government propose to take to control the menace

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) to (f) A Statement is laid on the Table of the House

Statement

(a) to (f) It is a fact that the ground water table in many parts of the country is depleting due to excessive withdrawals of ground water As per the latest assessment carried out jointly by the Central Ground Water Board NABARD and the States out of 5723 assessment units (Blocks MandalsTalukas) in the country 839 units have been categorized as Over-exploited ie the annual ground water extraction exceeds the annual replenishable resource and significant decline in long term ground water level trend has been observed either in pre-monsoon or post-monsoon or both In addition 226 units are Critical ie the stage of ground water development is between 90 and 100 of annual replenishable resource and significant decline is observed in the long term water level trend in both pre-monsoon and post-monsoon periods There are 550 semi-critical units where the stage of ground water development is between 70 and 100 and significant decline in logn term water level trend has been recorded in either pre-monsoon or post-monsoon period

No corelation between uncontroUed sand mining on river beds and depletion of ground water has been established

Sand being a minor mineral mining of sand is a State subject There is no Central normrule pertaining to mining of sand on the river beds However some States like Andhara Pradesh Haryana and Kerala have laid some restrictions on sand mining from the river beds

SHRI K CHANDRAN PILLAI Sir there are reports that because of unmindful sand mining a number of bridges on national Highways are being damaged This is especially applicable to Kerala A number of bridges are reported to be unsafe My question to the hon Minister is whether any study has been conducted to ascertain the damage caused due to this unrestrained and unmindful sand mining If so are there any concrete measures to rectify this situation and meet this danger

18


SHRI SONTOSH MOHAN DEV Sir there are a few States which have the rules or the laws on sand mining and Kerala is one of them Andhra is the other Both of them have their own laws to take care of sand mining They are taking such decisions It is a fact that they are very worried Whatever technical know-how they need we do give it to the State Governments So far as roads are concerned it is forthe Surface Transport Ministry to see They take care of that

SHRI K CHANDRAN PILLAI Sir my second supplementary is this River sand is actually categorised as a minor mineral Because of that categorisation the Union law is not available now It has been entrusted to the States As the Minister rightly said Andhra pradesh Haryana and Kerala have initiated certain rules to restrict this thing But in practice and I can say this from our experience enforcement is not at all effective and that is leading to many difficulties The Minister is saying the same thing which he has stated in his reply My point is not only regarding bridges It is also about the aquatic habitat and it is very much applicable to fish I can say that out of the total 600 species of fish 200 belong to Kerala Now because of this sand mining heavy damage is being caused to them and authentic reports are there Are we going to entrust this question to the States alone This is a big national problem that is coming up We have to seriously contemplate the idea of enacting a law restricting this thing I am asking whether the Union Government is willing to initiate such a measure or not

SHRI SONTOSH MOHAN DEV It is a good suggestion Sir We will explore this possiblity

ीमती सषमा वराज उपसभापित जी यह िगरता हआ भजल का तर हम सब क िलए िचता का िवषय बना हआ ह आज सयोग स िव त मतरी जी भी यहा उपि थित ह िव त मतरी जी न अपन िपछल बजट भाषण म एक लाख वाटर-बॉडीज का जीण दधार करन की बात कही थी तो म मतरी महोदय स जानना चाहगी िक कया उसक िलए बजट रािश वीकत ही गई थी और उन एक लाख वाटर-बॉडीज म स िकतनी वाटर-बॉडीज अभी तक रनोवट हई ह िकतन का अभी तक जीण दधार हआ ह

SHRI SONTOSH MOHAN DEV Sir pilot projects have been taken up and these pilot projects are going on in various States Quite encouraging reports are coming about them In the recent National Rural Employment Guarantee Programme these projects are also included

19


Enough money is available there Further funds are not required now but the funds will also be allocated for the national Rural Employment Guarantee Programme That will be spent under that Programme It is specifically covered under that Programme

ीमती सषमा वराज िकतनी out of one lakh जो उ ह न परोिमस िकया था

SHRI SONTOSH MOHAN DEV Now it is beyond one lakh More money will come under that project One of the areas they have to work on is watershed projects so that has been included in that

DR T SUBBARAMI REDDY Sir in almost all parts of the country the water table has gone down Perhaps this year for the first time there are heavy rains in South India The position has improved there What are the scientifically and technologically correct methods adopted internatinally to improve the water table How is the Government going to improve the water table It is of great concern to all of us Unless the Government takes some action in this regard we will face a serious shortage of water in future I would like to know from the hon Minister what mechanism they have got to improve the water table

SHRI SONTOSH MOHAN DEV Sir traditionally there was shortage of water in Sourth But now it is overflowing There is excess water especially in the constituency of our hon Finance Minister I think they are getting quite good rainfall there Haphazard urbanisation is one of the main problems which has caused floods this year not only in Chennai or Karnatka or Andhra pradesh but also in Mumbai and some parts of Kolkata so the Urban Development Ministry is taking care of that In one of the reports I have seen myself that plastic bags and plastic bottles which are thrown in drains clog the water outlet system Like that many such things clog the outlet I am sure that some steps will be taken by the Urban Development Ministry in checking the haphazard growth in metro cities corporations and municipalities

SHRI RAVULA CHANDRA SEKAR REDDY Sir the reply of the hon Minister says that some State like AndhraPradesh Kerala and Haryana have taken some steps in restricting mining as far as sand is concerned Sir in Andhra Pradesh there is an Act called the Water Land and Tree Act WALTA Similar Acts are also there in Kerala and Haryana I would like to know from the hon Minister whether there is any proposal with the Union Government to bring out a uniform legislation so as to control sand mining

20


SHRI SONTOSH MOHAN DEV Sir according to the information given to me sand mining has nothing to do with water gap or the misuse of mining can create water hazards at a place But since many Members have raised this issue in the House I will get it examined (Interruptions)

MR DEPUTY CHAIRMAN Shri PG Narayanan (Interruptions)

SHRI RAVULA CHANDRA SEKAR REDDY Sir I would request the hon Minister to see the written answer of this question (Interruptions)

MR DEPUTY CHAIRMAN On this question I have got about 12 requests for putting supplementaries This is a very important subject I think by putting questions only it will not be addressed properly (Interruptions) If some hon Members give a notice for Half-an-Hour Discussion then it would be taken up (Interruptions) As it is I have 12 requests before me for putting supplementaries It is a very important question and every Member wants to put a supplementary on this I think it will be better (Interruptions) इसीिलए म कह रहा ह हाफ एन ऑवर क िलए आन दीिजए ( यवधान)

ीमती माया िसह उपसभापित जी मन अपन िवशष उ लख म म य परदश का िजकर िकया था ( यवधान)

MR DEPUTY CHAIRMAN Everbody is interested in water level ground water level and how it is being done If some hon Members give a notice it will be taken up in the form of Half-an-Hour Discussion You give a notice for that (Interruptions)

SHRI SONTOSH MOHAN DEV That will be a good thing Sir

MR DEPUTY CHAIRMAN Now we take up the next question

286 [The questioner Shri Janeshwar Mishra was absent For answer vide page 31 infra]

Development and promotion of tourism

287 PROF MM AGARWAL Will the Minister of TOURISM be pleased to state

(a) the details of various projects for the development and promotion of tourism in the country State-wise and Project-wise pending for clearance and

21


(b) the action taken by Government on the proposals

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) and (b) A Statement is laid on the Table of the Sabha

Statement

(a) and (b) The development and promotion of tourism is primarily the responsibility of the State GovemmentsUTs The Ministry of Tourism provides financial assistance to the State Government for development of tourism based on receipt of the proposals complete in all respects and inter-se-priority and availability of funds These project proposals are finalized for grant of Central Financial Assistance after consultations with the State Govts every year The number of projects sanctioned and amount released during the last three years and the current year are at Statements-I and II respectively

Statement-I

State-wise Tourism Projects Sanctioned during the Tenth five Year Plan (as on 3132005)

(Rs in lakhs) 2002-03 2003-04 2004-05

SI No

StateUT No of Project Sancd

Amount Sancd

Amount Released

No of Project Sancd

Amount Sancd

Amount Released

No of Project Sancd

Amount Sancd

Amount Released

1 2 3 4 5 6 7 8 9 10 11

1 Andhra Pradesh

2 50750 19500 6 94650 89644 16 282719 224068

2 Assam 9 76813 61885 3 31346 31306 8 98603 76622

3 Arunachal Pradesh

5 4130 3250 6 104460 70000 9 132550 92796

4 Bihar 8 50500 50500 6 101942 91389 7 190143 152771

5 Chattisgart 9 30800 9850 6 100500 36400 6 111794 89793

6 Goa 1 050 050 2 3676 3476 3 11000 3800

raquo7 Gujarat 2 19712 5913 8 92051 81582 2 13893 11114

8 Haryana 8 33225 31100 16 121538 87923 6 69355 51364

9 Himachal Pradesh

30 77932 76038 4 18232 8500 12 268000 216100

10 JampK 3 9438 8947 5 89500 89500 5 81925 69904

22


1 2 3 4 5 6 7 8 9 10 11

11 Jharkhand 0 0 0 2 1109 00 77460 2 94591 75672

12 Karnataka 6 90249 62549 14 93266 79251 12 246176 193737

13 Kerala 11 86136 82986 6 608 50 56415 10 228363 182033

14 Madhya

Pradesh 18 71118 57479 10 621 90 39451 11 159519 94221

15 Maharashtra 8 62346 54625 10 931 83 91458 10 162062 92530

16 Manipur 2 524 262 1 8244 2473 0 000 000

17 Meghalaya 3 7035 2120 2 4022 2492 2 96330 80791

18 Mizoram 6 14116 4846 5 56770 18675 6 108635 38238

19 Nagaland 5 36050 32343 4 71100 22080 7 225069 141340

20 Orissa 2 4750 1575 5 41955 138 50 8 132074 105938

21 Punjab 3 2300 1460 2 9600 1230 7 72468 58147

22 Rajasthan 13 1098 70 109620 14 164481 141425 13 251661 137507

23 Sikkim 13 34624 26976 8 115109 68149 8 66081 53133

24 Tamil Nadu 5 55900 31610 14 133982 850 53 7 130892 70583

25 Tripura 5 21613 6778 6 45017 13516 1 2000 1600

26 Uttaranchal 3 54800 41800 4 23044 20394 7 219998 175073

27 Uttar Pradesh

3 29500 295 00 7 111580 91626 9 104493 83119

28 West Bengal 5 20110 6000 10 71744 38434 10 51304 40743

29 Andaman amp

Nicobar 0 0 0 0 0 0 0 000 000

30 Chandigarh 3 775 663 2 1000 800 3 46700 373 60

31 Dadar and

Nagar H li

2 807 646 0 0 0 O 000 000

32 Delhi 14 50400 44902 17 331628 322213 8 62885 51100

33 Daman

amp Diu 3 4950 1690 1 26507 23856 0 000 000

34 Lakshadweep

0 0 0 0 0 0 0 000 000

35 Pondicherry 2 787 630 1 24517 7355 2 45100 36000

TOTAL 212 1112110

868093 207 2418584

1807376 217 3766383 2737197

Note This includes the projects relating to Circuits Destinations Large Revenue Generating Projects Rural Tourism (Software and Hardare) Projects IT Event Fair amp Festivals Projects

23


Statement-ll

State-wise Tourism Projects sanctioned and funds released during the year 2005-2006 of the Tenth Plan

(Rs in lakhs) SI No 2005-06 (as on 8122005)

StateUT No of Amount Sancd Amount

Projects Sanctioned Released

1 Andhra Pradesh 1 1000 000

2 Assam 7 207720 164345

3 Arunachal Pradesh 7 140160 98452

4 Bihar 0 000 000

5 Chhattisgarh 2 51841 41500

6 Goa 0 000 000

7 Gujarat 3 125331 56264

8 Haryana 2 16645 13365

9 Himachal Pradesh 1 3000 2400

10 JampK 15 351537 280841

11 Jharkhand 0 000 000

12 Karnataka 2 58252 46600

13 Kerala 4 261200 209100

14 Madhya Pradesh 8 150694 119554

15 Maharashtra 6 111491 88891

16 Manipur 0 000 000

17 Meghalaya 1 500 400

18 Mizoram 6 146949 104729

19 Nagaland 7 133365 91692

20 Orissa 0 000 000

21 Punjab 0 000 000

22 Rajasthan 2 59358 48778

23 Sikkim 10 94284 68937

24 Tamil Nadu 11 312311 215928

25 Tripura 3 71626 56943

26 Uttaranchal 7 103977 83172

27 Uttar Pradesh 11 245600 184865

24


SI No 2005-06 (as on 8122005)


Projects Sancd Released

28 West Bengal 2 97500 78000

29 Andaman amp Nicobar 0 000 000

30 Chandigarh 0 000 000

31 Dadar amp Nagar Haveli 0 000 000

32 Delhi 0 000 000

33 Damand amp Diu 3 18270 14495

34 Lakshadweep 0 000 000

35 Pondicherry 1 500 400

TOTAL 122 2763115 2069651

Note This includes the projects relating to Circuits Destinations Large Revenue Generating Projects Rural Tourism (Software and Hardware) Projects IT Event Fair amp Festivals Projects

परोएमएम अगरवाल उपसभापित महोदय म मतरी महोदया स जानना चाहगा िक जो पराकितक आपदाए आती ह उनस हमार सब टिर ट पाट न ट हो गए ह जस अडमान िनकोबार ह च नई ह आधर ह या तिमलाड क और टिर ट पॉट ह तो कया मतरी जी न इस तरफ कछ कदम उठाए ह या उनको सधारन क िलए कया-कया परयास िकए गए ह

ीमती रणका चौधरी सर मझ बतान म कोई ऐतराज नही ह मगर अगर आप सवाल को दखग तो सवाल कछ और ह और जो माननीय सद य न पछा ह यह अलग बात ह हालािक म उसका जवाब दन क िलए परी तरह स तयार ह अपन दश म जो नचरल कलािमटीज आती ह िसफर टिर म ही नही बि क ऐ वायरनमट िमिन टरी और होम िमिन टरी इन सबस िमलकर हम लोग एक फसला करत ह िपरवशन बहत मि कल होती ह मगर जब िरक टरकशन होती ह तो कई बार हम स म अमडम स लाकर उसको यान म रखकर ही दोबारा वहा बनात ह We keep in mind the fine balance of environment और उसक साथ-साथ हम काम चलात ह

परोएमएम अगरवाल कया आपन कोई काम श भी िकया ह

ी सभापित आप सकड सि लमटरी पिछए

परोएमएम अगरवाल मतरी महोदया यह बताए िक कया इ ह न गरामीण कषतर म टिर ट पॉट बनान का परयास िकया ह

ी रणका चौधरी सर म आपको बताना चाहगी िक यह सवाल भी इसस जड़ा हआ नही ह मगर ( यवधान)

25


परोएमएमअगरवाल य सब सवाल जड़ हए ह

ीमती रणका चौधरी म फखर स बताना चाहगी िक हमार दश म UNDP

को साथ लत हए हमन 31 गरामीण कषतर की पहचान की ह और वहा इिडिजनस टकनोलॉजी का इ तमाल करत हए हम यह कर रह ह दसरी बात मन पािलरयामट म भी ऑफर दी थी िक िजतन भी हमार माननीय म बर ऑफ पािलरयामट ह अगर आप आग बढ़ग आपक कषतर म भी हम रल टिर म डवलप करन क िलए िब कल तयार बठ ह गवनरमट ऑफ इिडया की तरफ स हमन 5 िवलिजस को टिर म की ि ट स आइडिटफाई करक उनम ग कल िस टम जहा िवलायती ब च और अपन ब च एक स तीन महीन तक रहकर एक मशहर कलाकार स एक कला भी सीख सकत ह हम फॉरन यिनविसरटी स तालमल करक वहा स करिडट लन की कोिशश म अभी य त ह

SHRI SANTOSH BAGRODIA Mr Deputy Chairman Sir I find that the hon Minister has mentioned in her reply that the Ministry of Tourism provides financial assistance to the State Governments That is not the only thing She is a very dynamic Minister I thought she will work more like a catalytic agent because tourism requires a lot of coordination with the Ministry of Civil Aviation (Interruptions) Coordination with the Railways and the Ministry of Surface Transport Does she have any plan to coordinate with other Ministries I find that in places like Goa for examplemdashCivil Aviation Minister is also sitting heremdashthe airport is not working 24 hours even now it is under the clutches of the Navy originally it was under Civil Aviation Is the Minister trying to make sure with the Civil Aviation Minister that this becomes operational 24 hours for civilian use

Similarly Sir how are these amounts sanctioned and released In her own State Andhra Pradeshmdashwith all due respect to hermdashI find that out of the sanctioned 70 per cent has been released whereas for Rajasthan they have sanctioned only 50 per cent For Goa they have sanctioned only about 40 per cent For other States it is still lower

Would the Minister tell us how and on what basis this release of fund is done to different States

SHRIMATI RENUKA CHOWDHURY Sir first of all lam very happy that the hon Member thinks I am dynamic and thank you for the compliment On the second issue whether I have close coordination with the other Ministries I think the results speak for themselves We

26


have seen a significant growth in tourism this year despite earthquakes bomb-blasts and tsunami-affected areas The growth in foreign tourist arrivals in 2004 has been 235 per cent and in foreign exchange earnings in dollar terms it is 36 per cent when compared to 2003 We are one of the largest generator of foreign exchange for the country today compared to ITmdashI hope the Finance Minister is also listening Given the small Budget that we have we have been generating income for the country Now with the Civil Aviation Ministry (interruptions) We have been working in close partnership with the Civil Aviation Ministry and 22 new airports have been identified for non-metro destinations Goa has a peculiar turf realities which the Civil Aviation Minister is addressing as far as I know Maybe you allow the Minister to answer for himself (interruptions) 18 bilateral agreements have been signed with other international airlines to allow people to fly into the country As far as the third issue of how much money has been given to whom is concerned I think no State can complain today There has been highest allocation to every State for tourism in the past two years ever since we have taken over this show With due apology some of the State Governments do not send us their proposals on time It generally depends on how proactive the State Governments are When they come forward with their proposals money is deployed immediately In fact in the new Plan we are going to make States competitive so that they learn to give due importance to the Tourism As far as Rajasthan is concerned I think Rajasthan should look back for the past four years and see that the highest ever allocation to some crores has come to Rajasthan State I look forward that all the Members here will put pressure on their respective State Governments to come forward and give tourism its importance

ी मखतार अ बास नकवी आदरणीय उपसभापित महोदय माननीय मतरी महोदया न िजन परोजक स को साइन करन क िडट स इसम िदए ह उनम कई रा य म न तो िकसी परोजकट की चचार ह और न ही क दर सरकार वारा उ ह िदए गए धन की चचार ह जस िक िबहार गोआ अडमान िनकोबार वीप समह चडीगढ़ दादर नगर हवली दमन दीव एव लकषदधीप

म माननीय मतरी महोदया स पछना चाहता ह िक िजन रा य को पयरटन क िवकास क िलए धन िदया गया ह उन रा य म परदश सरकार उस धन का िकस तरह स उपयोग कर रही ह और िजतना धन िदया गया ह उसका सही उपयोग हआ ह अथवा नही कया उसकी मॉिनटिरग करवान क िलए क दर सरकार कोई यव था कर रही ह और िजन रा य को धन नही िदया ह जस िक कई मह वपणर रा य रह गए ह उ ह वह धन कय िदया गया ह

27


ीमती रणका चौधरी यिद उ ह नही िदया गया तो उसका एक ही कारण हो सकता ह िक उनका परोपोजल हमार पास समय पर नही पहचा हमन एक ऑिफसर को कवल इसी काम क िलए िनयकत िकया ह िक वह बार-बार उनक चीफ सकरटरीज और स बात कर यिद सभव होती ह तो म वय भी उनस कई बार बात करती ह एव उनस इस बार म कहती ह

कई जगह पर जस आपन अभी िबहार का सवाल उठाया वहा अभी हाल ही म चनाव हो रह थ इसी कारण स हमार पास उनका परोपज़ल नही आया और काम भी थम गया अगर दख तो जहा पर भी मझ मौका िमला म वय साइट पर जा कर दखती ह िक काम चल रहा ह या नही चल रहा ह और कही हमार धन का गलत उपयोग तो नही हो रहा ह इसक िलए म आप सबस भी यह चाहती ह िक आप सब भी हमारा साथ द यह हमार िलए एक बहत बड़ा सहारा होगा यिद आप अपन कषतर म दख िक जो धन हम दत ह उसका सही इ तमाल िकया जा रहा ह या नही

SHRI ANAND SHARMA Mr Deputy Chairman Sir this question is an imporant one and the Minister of course has given a comprehensive account of what the Government is doing India has much to offer in tourism right from the Himalayas to our beaches deserts and also our ancient temples and forts We are under-exploited There is growth of 26 per cent as the Minister has said it is because of one contributing factor and that contributing factor is the growing profile of India There is also rising global interest (interruptions)

MR DEPUTY CHAIRMAN I think you put your question because only five minutes are left (interruptions)

SHRI ANAND SHARMA My pointed question to the hon Minister is whether the Government of India will have an integrated tourism promotion policy in which State Governments will be brought in more rather than waiting for the proposals to come from the State Governments There should be an integrated nationwide plan I would like to know whether the Government is considering promoting through special projects adventure tourism and winter tourism for which a large number of foreign tourists would be interested Remembering that tourism can not only be the largest employment provider but also a revenue generator

SHRIMATI RENUKA CHOWDHURY Sir I am very happy that the hon Member has supposedly asked a pointed question But I want to tell you that we dont just wait for the State Governments to come forward Seeing the dismal state of tourism in the past we have been pro-active

28


We have a scheme for assistance to large revenue-generating projects We provide funds under that And we also do destination development which we have identified and we also help We have given a special focus on winter and other out-of-box thinking tourism Adventure tourism has already been addressed We have several adventure tourism sites and locations For those who want to go to Kashmir for a white Christmas please go (interruptions)

SHRI ANAND SHARMA Why only to Kashmir Why not Himachal

SHRIMATI RENUKA CHOWDHURY Please one minute Please go to Jammu and Kashmir this winter you have an amazingly incredibly beautiful white Christmas happening out there For those of you who want to be facilitative (interruptions)

SHRI ANAND SHARMA Sir what about Himachal (interruptions) I asked a question that my State has much to offer than Jammu and Kashmir (interruptions) Why not Himachal (interruptions)

SHRIMATI RENUKA CHOWDHURY Sir they dont let me complete my reply (interruptions)

AN HON MEMBER Sir the Minister is very adventurous (interruptions)

SHRI ARJUN KUMAR SENGUPTA Sir we all recognise the dynamic capacity of the hon Minister But I am afraid the answer that has been given is rather unsatisfactory To say that promotion of tourism is primarily the responsibility of the State Governments she is talking only the question of law In our country today tourism is not only a major foreign exchange earner but also a big employer The employment potential of tourism is so huge that the Ministry of Tourism must be able to provide a plan of action as to how tourism improves employment and increases foreign exchange and there has to be a national plan of which the State Governments would be made a part of that plan But not the other way round

SHRIMATI RENUKA CHOWDHURY Sir I appreciate the hon Members observation But you will also appreciate that when I give a written reply to Parliament I have to be technically correct Tourism is not on the Concurrent List at this point And because of that we have to say that it is the responsibility of the States However it is a matter of

29


national pride for me to market India I am also proud to announce to the House today that the Tourism Ministry has won several awards this year for all the campaign and for the highest re-call ability across the world Today Incredible India has registered as a brand name and that shows the rising number of tourists coming into the country Thank you for the support This is for the first time that Rajya Sabha has addressed the question on tourism for so long I hope and look forward for more (interruptions)

SHRI V HANUMANTHA RAO Sir whether any proposal from the State of Andhra Pradesh is pending before the Ministry (interruptions)

ी तािरक अनवर उपसभापित महोदय जसा अभी कहा गया िक हमार दश म टिर म क िवकास क िलए काफी अवसर ह और ( यवधान)

ी उपसभापित ज दी पिछए एक िमनट बचा ह

ी तािरक अनवर टिर म क मा म स हम ए लॉयमट भी जनरट कर सकत ह माननीय मतरी महोदय स म यह जानना चाहगा िक जो उ ह न कहा ह िक जो भी टिर म का िवकास ह वह रा य सरकार पर िनभरर करता ह रा य सरकार क ऊपर उसकी िज मदारी ह और क दर सरकार उसम सहयोग करती ह म यह जानना चाहगा िक अतरार टरी खयाित क जो टिर म पॉ स ह कया उस पर भारत सरकार वय या आपका मतरालय यान द सकता ह

ीमती रणका चौधरी नही जी आप भी जानत ह िक जो यन को क पहचान हए 28 व डर हिरटज साई स आज अपन दश म ह यह क चर की िमिन टरी म अडर क चर आ जाती ह और दसरी बात हमन तो सफस टरासपोटर और इन लोग स कहा ह िक तर त एक ही इशार म इन सारी जगह क िलए हम रोड कनिकटिवटी पि लक फसिलटीज and ramps for physically-challenged

people लाग कर दना चािहए और उसकी माकिटग क बार म यह फसला हम लाग न िकया ह िक special package will be given

MR DEPUTY CHAIRMAN Question Hour is over

WRITTEN ANSWERS TO STARRED QUESTIONS

Pension commitments

281 SHRI PRAMOD MAHAJAN Will the Minister of FINANCE be pleased to state what percentage of the net tax revenue is spent on pension commitments by the Central as well as State Governments

30


THE MINISTER OF FINANCE (SHRI P CHIDAMBARAM) The revised estimates for the year 2004-05 provided for 1164 of net tax revenue of Central Government to be spent on pension commitments State Governments during this period spent 1428 of their net tax revenues on pension commitments

impact of unleaded petrol on environment

dagger286 SHRI JANESHWAR MISHRA Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether Government are aware that the dangerous benzene gas is dissolving in the atmosphere due to unleaded petrol

(b) if so the details thereof and the steps taken to check it

(c) whether Government are aware that employees of petrol pumps and the people living around are being affected to great extent and there is risk of blood cancer to the persons living in contact with bengene for a long time and

(d) if so the details thereof

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) Yes Sir Keeping in view the potential health hazard posed by benzene in the atmosphere the Bureau of Indian Standards have laid down permissible limits of benzene level in petrol In the Auto Fuel Policy approved by the Government there is a road map for the progressive reduction of the maximum permissible benzene in petrol from 5 to 3 to 1 by 2010 At present the benzene level in certain identified cities including metros has been brought down to 1 maximum and in the rest of the country it is at 5 maximum

The Central Pollution Control Board (CPCB) had undertaken benzene level measurement in ambient air in Delhi during the years 1999-2003 According to this report the annual mean benzene level in Delhi has been showing gradual decrease since 1999 and by 2003 had been reduced to a level almost similar to that of the United Kingdoms annual running mean standard of 16 micro gramm3

(c) and (d) Government are aware of the adverse health effects of prolonged exposure to high level of benzene That is why steps are being taken to progressively reduce the permissible limits of benzene in petrol

dagger Original notice of the question was received in Hindi

31


Duty evasion by drug manufacturing companies

dagger288 SHRI UDAY PRATAP SINGH Will the Minister of FINANCE be pleased to state

(a) whether Governments attention has been drawn towards massive taxduty evasion by drug manufacturing companies in the country and

(b) if so the names of such companies and total amount outstanding against such companies and the action being taken by Government for realization of the said amount

THE MINISTER OF FINANCE (SHRI P CHIDAMBARAM) (a) Yes Sir The Government is aware of taxduty evasion by some drug manufacturing companies

(b) The names of companies and total amount outstanding against each of them is indicated in Annexureft- Action as per Central Excise Act 1944 and the rules made thereunder to recover the outstanding amount is being taken

Revision of duties on Petrol

289 SHRIMATI JAYA BACHCHAN Will the Minister of FINANCE be pleased to state

(a) the number of occasions on which the price of petrol has been revised during the course of the current calendar year

(b) the present component of customs duty excise duty and sales tax put together in the price per litre of petrol and diesel in different Metros

(c) whether it is a fact that the component of taxes is more than the basic price of per litre of petrol and

(d) if so what are the reasons therefor and why this component was not reduced so as to minimize the burden on the consumer

THE MINISTER OF FINANCE (SHRI P CHIDAMBARAM) (a) Ministry of Petroleum amp Natural Gas has reported that during the calendar year 2005 the price of petrol has been revised twice ie on 2162005 and 792005 The impact of price revision on retail sale price of petrol in 4 Metros was as under

dagger Original notice of the question was received in hindi

daggerdagger[See Appendix 206 Annexure No 10]

32


(Rs per litre) Metro City 2162005 792005

From To From To

1 Delhi 3799 4049 4049 4349

2 Kolkata 4089 4379 4379 4690

3 Mumbai 4323 4593 4593 4916

4 Chennai 4125 4426 4426 4749

(b) Present components of excise duty and sales tax in the price per litre of petrol and diesel in 4 Metros are as under

Product Retail Excise Sales Sum of Price Taxes

sale duty tax excise without as price

(RSP)

duty amp

sales tax

taxes of RSP

Rs per litre

DELHI

1 Petrol 4349 1493 708 2201 2148 51

2 Diesel 3045 507 332 839 2206 28

KOLKATA

1 Petrol 4690 1497 900 2397 2293 51

2 Diesel 3287 508 456 964 2323 29

MUMBAI

1 Petrol 4916 1500 1192 2692 2224 55

2 Diesel 3757 509 1015 1524 2233 41

CHENNAI

1 Petrol 4749 1496 1076 2572 2177 54

2 Diesel 3372 507 664 1171 2201 35

(c) Yes Sir

(d) Excise duties on petrol is determined taking into account all materia factors including the need for resource mobilization

33


NABARDS loan to Orissa under RIDF-XI

290 SHRI RUDRA NARAYAN PANY SHRI BJ PANDA

Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that National Bank for Agriculture and Rural Development (NABARD) has approved a loan of Rs 1064 crore to Orissa under its Rural Infrastructure Development Fund (RIDF)-XI

(b) whether this loan would be used for construction of irrigation projects new roads and bridges

(c) if so the details thereof and

(d) what is the total financial assistance that has so far been made available by this bank during the current financial year for development of infrastructure in Orissa

THE MINISTER OF FINANCE (SHRI P CHIDAMBARAM) (a) to (c) National Bank for Agriculture and Rural Development (NABARD) has sanctioned Rs 31757 crore to Orissa under Rural Infrastructure Development Fund (RIDF)-XI (2005-06) upto the end of November 2005 for various irrigation road and bridge projects Sector-wise details are as undermdash

Sector No of Projects RIDF Loan (Rs

Crores)

Minor Irrigation 6437 2316

Medium Irrigation 2 5631

Rural Roads 75 17074

Rural Bridges 24 6736

(d) During the current financial year 2005-06 Rs 10074 crore has been disbursed by NABARD so far under RIDF (IV to X) for development of infrastructure in Orissa Amount relating to RIDF-XI is yet to be disbursed

34


Comprehensive Plan for Ground Handling Operations

291 SHRI RP GOENKA Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that recently a comprehensive plan has been chalked out to restrict the number of players engaged in ground handling operations at the airports so as to eliminate the avoidable duplication of infrastructure and manpower by multiplicity of agencies as also to cut down on choking conditions prevailing at peak hours and

(b) if so the details thereof and the present status of its implementation

THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION (SHRI PRAFUL PATEL) (a) and (b) In terms of Airports Authority of India (General Management Entry for Ground Handling Services) Regulations 2000 notified on 1712000 an operator or carrier may either carry out ground handling by itself or engaged the services of any of the (i) Airports Authority of India (AAI) (ii) Air India amp Indian Airlines (iii) Any other handling agency licensed by the AAI A proposal to amendreview these guidelines is under examination

Projects under artificial recharge of ground water

292 SHRI C RAMACHANDRAIAH Will the Minister of WATER RESOURCES be pleased to state

(a) whether about 174 projects in the StatesUnion Territories were taken up for construction of various recharge structures under the scheme of artificial recharge of ground water

(b) if so the details of the projects in the State of Andhra Pradesh and

(c) by when the work is likely to be completed

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) to (c) Under the Central Sector Scheme of Study of Recharge to Ground Water implemented by the Central Ground Water Board (CGWB) during the period 1998-2004 initially 174 demonstrative projects were taken up in 27 StatesUnion Territories Subsequently 9 projects were dropped due to various technical reasons and 165 projects were takenup

35


The details of projects implemented in the State of Andhra Pradesh are given at Statement (See Below) All these projects have been completed

Statement

Details of Projects implemented in the State of Andhra Pradesh by Central Ground Water Board under the Central Sector scheme of

Study of recharge to Ground Water SI No

Scheme Type of recharge structure

Cost of Scheme (Rs in lakh)

1 Artificial recharge to ground water in Abhangapatnam village Koilkonda Mandal Mahaboobnagar District

Percolation tank 25

2 Artificial recharge to ground water in Malkapur Percolation tank village Koilkonda Mandal Mahaboobnagar District

275

3 Artificial recharge to ground water in Ananthapur village Koilkonda Mandal Mahaboobnagar District

Percolation tank 24

4 Artificial recharge to ground water in Keshavapur village Koilkonda Mandal Mahaboobnagar District

Percolation tank 22

5 Artificial recharge to ground water in Mallapur village Koilkonda Mandal Mahaboobnagar District

Percolation tank 29

6 Project for conservation of water at Khammam District

Combination of recharge pits and lateral shafts

300

7 Artificial recharge to ground water in Bora Banda Wadika Thimmanapelly HO Revelly Village Midjil Mandal Mahaboobnagar Districl

Percolation tank 30

8 Artificial recharge to ground water in Tekula Kunta Wadika Thimmanapelly HO Revelly Village Midjil Mandal Mahaboobnagar Districl

Check dam 157

9 Artificial recharge to ground water in Mondoni Kunta Wadika Thimmanapelly HO Revelly Village Midjil Mandal Mahaboobnagar Districl

Check dam 175

10

Artificial recharge to ground water in Revelly Check dam village Midjil Mandal Mahaboobnagar Distrct-SY No 62 check dam across Yatakirosi Chelka Wadika of 2nd order of stream

275

36


Bhubaneswar Airport as an International Airport

293 SHRI BJ PANDA MS PRAMILA BOHIDAR Will the Minister of

CIVIL AVIATION be pleased to state

(a) whether Government are aware that the historical heritage of Orissa is one of the most sought after religious hubs in the world and the Biju Patnaik Airport Bhubaneswar fulfills all the requisites of an international airport

(b) whether the State Government has requested for declaring this airport as an international airport so that it can receive international flights and also chartered flights to promote international tourism and

(c) if so what is the status of the proposal and the time-frame within which it would be sanctioned

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) Yes Sir It is all known fact that historical heritage of Orissa is one of the most sought after religious hubs in the world Biju Patnaik Airport at Bhubaneswar can be considered as an International airport whenever it fulfills all the requirements such as runway length Customs Immigration facilities and firm commitment of commercial airlines to start international operations

(b) and (c) Yes Sir The State Government of Orissa has requested to declare Bhubaneshwar Airport as an International airport However there is no request from any national or foreign airline to introduce direct international flights from Bhubaneshwar airport at present Therefore there is no proposal to declare Bhubaneshwar airport as an International airport at present

Sale of LPG at unsubsidised prices

294 SHRI ABU ASIM AZMI SHRI AMAR SINGH

Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether any proposal has been received from Government owned oil companies seeking permission to sell Liquefied Petroleum Gas at unsubsidised prices to rich and middle class households

37


(b) if so the details thereof and

(c) what is Governments reaction thereto

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (c) At present subsidised domestic LPG is marketed by the distributors of the four Public Sector Oil Marketing Companies (OMCs) viz Indian Oil Corporation Limited (IOCL) Bharat Petroleum Corporation Limited (BPCL) Hindustan Petroleum Corporation Limited (HPCL) and IBP Company Limited Domestic LPG is partly subsidized by the Government and partly by the oil companies During the year 2004-05 the total subsidy burden was Rs 9830 crores This Ministry has recently written to the State Governments seeking their views on restricting the subsidy on domestic LPG to only BPL families

The Government has also recently allowed Oil and Natural Gas Corporation (ONGC) and Gas Authority India Limited (GAIL) to market LPG produced by their fractionators subject to certain terms and conditions With a view to operationalizing the mechanism the matter was recently reviewed in the Ministry and ONGC and GAIL were asked to give their proposals The proposals received from them are under examination in the Ministry

Overhauling of ATC system

295 SHRI VIJAY J DARDA SHRIMATI MOHSINA KIDWAI

Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that appropriate measures have been taken to overhaul the Air Traffic Control system to remove congestion at the Airports minimizing thereby the waiting period to get all clear signals to land at the Airports

(b) if so whether such an exercise will also be done at Nagpur Airport which of late is experiencing greater air traffic and

(c) what is the time-frame in covering all Airports in the country for this type of overhaul

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL RATEL) (a) Yes Sir

(b) The presjent equipment at Nagpur is adequate to handle the current traffic

38


(c) The overhauling of ATC System at airports is a continuous process and is taken up based on the traffic requirements

ONGCs Investment in Nigeria

296 PROF PJ KURIAN Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether ONGC has signed an agreement with Nigeria for oil exploration recently

(b) if so the details thereof

(c) whether any study has been done about the geological conditon or production potential before signing the agreement

(d) if so the details thereof and

(e) if not the reasons therefore

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (e) ONGC-Mittal Energy Limited (OMEL) a joint venture of ONGC Videsh Limited (OVL) Mittal Investment Sari and SBI Caps signed a Memorandum of Understanding (MoU) with the Ministry of Petroleum and Resources of Nigeria in November 2005 The MoU includes an offer from the Nigerian side of OMEL to consider offering oil exploration blocks on a nomination basis a certain quantity of oil on a term-contract basis and LNG when the fieldsinfrastructure have been developed in Nigeria In return OMEL will consider participating in Nigerias infrastructure development projects in the refinery railways and power sectors The details in regard to this economic package are to be worked out over the next few months

Disposal of cases for the protection of small shareholders

dagger297 PROF ALKA BALRAM KSHATRIYA Will the Minister of COMPANY AFFAIRS be pleased to state

(a) whether much time is taken in the disposal of complaints received under the laws made for the protection of small shareholders

(b) if so whether the complaints received in the last three years have been disposed of within three months six months nine months and one year and


39


(c) whether Government are formulating any code for the disposal of complaints at a specified time and if so the details thereof

THE MINISTER OF STATE OF THE MINISTRY OF COMPANY AFFAIRS (SHRI PREM CHAND GUPTA) (a) The Ministry of Company Affairs has set up an Investor Protection Cell at the Headquarter and nominated nodal officers in each of the field offices of Regional Directors and Registrar of Companies (ROC) to address the complaints of small shareholders The Ministry promptly undertakes the disposal of such complaints through the jurisdictional ROC for taking up the matter with the company in question and initiate legal action wherever warranted

(b) During the last three years 31603 complaints were received out of which 14404 were disposed off The process for redressal of grievances is taken up instantaneously with the companies and followed up by way of reminders wherever required Though the Companies Act 1956 does not prescribe any time limit within which such complaints should be redressed efforts are made to redress the grievances expeditiously

(c) The government has taken following steps in this regard

(i) A new system for on line lodging of complaints by investors and depositors has been jointly developed by the Ministry and the National Informatics Center and released on 11 -01-2005 on the website of Ministry of Company Affairs (httpdcanicin) The new system facilitates investors and depositors to electronically lodge their complaints with the Investor Protection Cell without the requirement of sending their grievances in writing through post The system issues complaint number as acknowledgement online for future reference

(ii) An investor Education and Protection Fund has been set up under section 205C of Companies Act 1956 for promotion of investor awareness education and protection of interest of investors

Denial of loans to MPs by some Banks

298 SHRI MUKHTAR ABBAS NAQVI Will the Minister of FINANCE be pleased to state

(a) whether Government are aware that some public and private sector banks are not extending various loan facilities to Members of Parliament despite their completing all the required formalities

40


(b) whether such banks have their own rules relating to grant of various loans to MPs or Government have issued any such instructions to these banks in this regard

(c) if so the details of such instructions and

(d) if not what action Government propose to take in this matter

THE MINISTER OF FINANCE (SHRI P CHIDAMBARAM) (a) No specific instance has been brought to the notice of the Government

(b) and (c) RBI has advised the Banks to prepare well defined Loan Policy and Loan Recovery Policy approved by their Board of Directors The Loan Policy is required to lay down exposure limit to individuals Group of borrowers documentation standards sectoral exposure limits delegation of powers including power for write offs and review procedure maturity and pricing policy factors taken into consideration for deciding interest rates above the floor rate etc Bank Officials are expected to act within their LoanRecovery Policy The loan applications are processed by the Banks based on pre-defined criteria and there is no discrimination based on profession of prospective customersborrowers

(d) Does not arise

Perks and Pay to Actuaries working with LIC

299 SHRI BK HARIPRASAD Will the Minister of FINANCE be pleased to state

(a) whether the LIC is facing the threat of poaching of its actuaries by rival private players in Insurance Sector

(b) if so whether LIC plans to introduce additional perks and pay to actuaries working with it and

(c) whether the LIC alongwith GIC proposes to set up its-own actuarial training institute to ensure availability of fellows of the society on service bond

THE MINISTER OF FINANCE (SHRI P CHIDAMBARAM) (a) LIC has informed that it has been experiencing attrition in its cadre of Actuaries after the opening up of Insurance Sector

(b) LIC has already introduced a scheme of incentives for those who are actuarially qualified and doing related jobs

(c) No Sir

41


Central assistance under Command Area Development

300 DR MAM RAMASWAMY Will the Minister of WATER RESOURCES be pleased to state

(a) the total Central assistance provided by the Central Government to State Governments under the Command Area Development Programme during each of the last two plan periods State-wise and year-wise

(b) the details of States which have not utilized the grantassistance fully alongwith the reasons therefor and

(c) the corrective measures being taken in this regard

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) Acentral assistance of Rs 60017 crores and Rs 75166 crores respectively was provided to the States during the VIll and IX Plan periods The State-wise and year-wise details are at Statement I and II (See below)

(b) and (c) The details of States which have not utilized the grant Central assistance fully the reasons therefor and corrective measures takenbeing taken are at Statement-Ill

Statement-I

Details of State-wise and year-wise Central assistance provided to States during VIll Plan

(Rs lakh) SI State VIll Plan

No 1992-93 1993-94 1994-95 1995-96 1996-97 Total VIll

Plan

1 2 3 4 5 6 7 8

1 Andhra Pradesh 13484 11984 18291 19081 9940 72780

2 Arunachal Pradesh 000 000 000 000 000 000

3 Assam 20799 20261 13789 6200 000 61049

4 Bihar 39968 135196 66612 10000 000 251776

5 Chhattisgarh 000 000 000 000 000 000

6 Goa 7904 9037 4266 1381 3900 26488

42


1 2 3 4 5 6 7 8

7 Gujarat 20019 20965 55868 55014 44438 196304

8 Haryana 54957 93438 108229 106000 124718 487342

9 Himachal Pradesh 3500 7595 2580 400 4402 18477

10 Jammu amp Kashmir 14765 17869 19185 27761 25223 104803

11 Jharkhand 000 000 000 000 000 000

12 Karnataka 66278 53891 27903 68180 84559 300811

13 Kerala 102395 62973 72290 77446 46696 361800

14 Madhya Pradesh 38987 28916 16266 7000 6500 97669

15 Maharashtra 131513 70454 173162 144669 143992 663790

16 Manipur 305 4175 13533 10204 13069 41286

17 Meghalaya 000 000 3589 000 000 3589

18 Mizoram 000 000 000 000 000 000

19 Nagaland 000 1000 000 000 000 1000

20 Orissa 26494 38381 35112 36282 35399 171668

21 Punjab 000 000 000 000 000 000

22 Rajasthan 233282 295869 199002 292557 394817 1415527

23 Sikkim 000 000 000 000 000 000

24 Tamil Nadu 89306 73065 976 50 121294 208199 589514

25 Tripura 035 154 000 000 000 189

26 Uttar Pradesh 167114 196173 283926 220413 202260 1069886

27 Uttaranchal 000 000 000 000 000 000

28 West Bengal 11112 12150 10834 20657 11219 65972

TOTAL 1042217 1153546 1222087 1224539 1359331 6001720

43


Statement-ll Details of State-wise and year-wise Central assistance provided to

States during IX Plan (Rs lakh)

SI State IX Plan

No 1997-98 1998-99 1999-2000 2000-01 2001-02 Total IX

Plan

1 2 3 4 5 6 7 8

1 Andhra Pradesh 383957 000 000 000 000 383957


3 Assam 12400 000 000 3345 3500 19245

4 Bihar 000 000 000 000 30000 30000

5 Chhattisgarh 000 000 000 000 4632 4632

6 Goa 2000 000 000 000 000 2000

7 Gujarat 9711 32419 65000 1867 000 108997

8 Haryana 111685 129463 84174 50302 232179 607803



11 Jharkhand 000 000 000 000 000 000

12 Karnataka 43787 66800 88537 186373 342384 727881

13 Kerala 20000 80604 78811 74562 50794 304771

14 Madhya Pradesh 625 24599 16720 12341 15 86 55871

15 Maharashtra 29830 171915 66068 46114 74472 388399 16 Manipur 8691 13233 12805 11309 000 46038

17 Meghalaya 000 000 1840 000 000 1840

18 Mizoram 000 000 000 500 688 1188

19 Nagaland 000 643 1500 000 13316 15459

20 Orissa 23147 77440 36528 103592 50476 291183

21 Punjab 000 50000 335206 213349 000 598555

22 Rajasthan 222665 3834587 270000 159219 265466 1300837

23 Sikkim 000 000 000 000 550 550 24 Tamil Nadu 55246 250727 233674 167738 133614 840999 25 Tripura 000 000 000 000 000 000 26 Uttar Pradesh 305783 395924 280492 324732 227419 1534350 27 Utaranchal 000 000 000 000 000 000 28 West Bengal 9000 27500 30673 42477 000 109650

TOTAL 1264824 1733443 1629508 1421531 1467268 7516574

44


Statement-Ill

States which have not utilized the Central Assistance fully the reasons

therefore and the corrective measures takenbeing taken

SI States which Amount of Reasons for not utilizing Corrective Measures taken No have not Central the Central Assistance futly being taken

utilized the Assistance Central Not utilized Assistance fully (Rs Lakh)

1 2 3 4 5

1 Andhra 398768 (a) Functional grant is not (a) The State Government has

Pradesh paid by the State to the Water Users Associations (WUAs)

been requested from time to time to furnish these details in prescribed formats for

(b) Utilization Certificates and details of expenditure not received in proper formats

settlement of accounts (b) No Central assistance

released after 1997-98 (c) State Government has

indicated that elections to WUAs are now complete and proposes full utilization of funds by March 2007

2 Assam 7575 (a) Adequate matching share not provided by State Government

(a) The State Government has been periodically requested to provide adequate funds

(b) Pace of works is slow due to insurgency

and expedite works (b) No Central Assistance is released after 2001-02

3 Goa 15125 (a) All projects under CADP are reported completed

(a) The State Government has been requested from time to time to furnish details in

(b) Utilization Certificates and detials of expenditure not received in proper formats

prescribed format for settlement of accounts (b) No Central Assistance is released after 1997-98

4 Sikkim 550 The State Government has (a) The State Government has

not initiated the CAD been requested to utilize the activities so far and is funds or refund the funds requesting for cent-percent (b) No Central Assistance is central assistance released after 2002-03

45


WRITTEN ANSWER TO UNSTARRED QUESTIONS

Norms for Overseas Air Services

2112 SHRIMATI VANGA GEETHA Will the Minister of CIVIL AVIATION be pleased to state

(a) whether Government have recently finalised the norms for airlines flying abroad


(c) whether Government have sought some inputs from each airlines in this regard and


THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION (SHRI PRAFUL PATEL) (a) and (b) Yes Sir Under the existing guidelines Indian scheduled carriers having experience of continuous operations of 5 years in the domestic sector and having a minimum fleet size of 20 aircraft are permitted to operate on international routes

(c) No Sir

(d) Does not arise

Development of Surat Airport

2113 SHRI LEKHRAJ BACHANI Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that Surat airport was already handed over to Airports Authority of India for further development and operations and an MoU for it was signed and accordingly it was to be started within two years

(b) whether it will start within this scheduled period and if not the reasons therefor and by when it will be started

(c) whether Air Deccan started its flights from 6th November 2004 but it had to stop abruptly and

(d) whether Government would accelerate its development works so that the airport may start functioning soon keeping in view the vast development of surat

46


THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) Yes Sir

(b) Work for development of Surat airport at an estimated cost of Rs 3530 crores has already commenced and is scheduled for completion by December 2006

(c) Air Deccan had started operations on 19th July 2004 and subsequently suspended because of heavy water logging during monsoon It re-commenced operation on 26th October 2004 which was again suspended since 21st July 2005

(d) As mentioned at (b) above Night landing facility at Jabalpur Airport

dagger2114 SHRI LAXMINARAYAN SHARMA Will the Minister of CIVIL AVIATION be pleased to state

(a) whether the State Government of Madhya Pradesh have provided the land for Jabalpur airport free of cost

(b) whether the development works like construction of Terminal building night landing facility etc have been completed after the acqisition of the land and

(c) if not the reasons therefor THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION

(SHRI PRAFUL PATEL) (a) Yes Sir State Government of Madhya Pradesh has given 30 crores of land at Jabalpur Airport free of cost to Airports Authority of india (AAI)

(b) and (c) AAI has completed a new Terminal Building suitable for 200 passengers at a cost of Rs 746 crores Doppler Very High Frequency Omni Range (DVOR) distance Measuring Equipment (DME) and Precision Approach Path Indicator (PAPI) at both ends of runway have also been provided at a cost of Rs 180 crores Night Landing Facilities have not been planned due to restrictions imposed by Ministry of Defence on account of the close proximity of the Ordnance Depot

Improvement in Air Services to US

2115 DR KARAN SINGH Will the Minister of CIVILAVIATION be pleased to state

(a) whether spurred by the far-reaching Civil Aviation pact signed recently between India and US Continental airlines is set to start dailyS

daggerOriginal notice of the question was received in Hindi

47


non-stop service between New Jersey and New Delhi from November

(b) whether Continentals Delhi-New-york service is being launched in November 2005 and first scheduled flight will depart New-yorks Liberty International Airport

(c) if so what are the other main points of the pact signed between India and US and

(d) to what extent Indo-US air service is fully improved and helpful to India

THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION (SHRI PRAFUL PATEL) (a) and (b) Continental airlines a designated airline of USA has already commenced its daily non-stop service between Delhi and New-york with effect from 1st November 2005

(c) A revised Air Services Agreement was signed between India and USA in April 2005 to increase cooperation in the aviation sector Under this agreement both sides can designate any number of services to any point in the territory of the other countrty with full intermediate and beyond traffic rights

(d) The revised India-USA agreement would lead to more flights and better connectivity between the two countries providing more commercial opportunity to all Indian carriers As a result of this agreement the deisgnated airlines of India can now operate to any point in USA without any limitation on number of frequencies and Indian scheduled carriers can also code share with the US carriers to serve several points in the country

Additional Air Services to Orissa

2116 SHRI RUDRA NARAYAN PANY Will the Minister of CIVIL AVIATION be pleased to state

(a) whether Government propose to enhance air traffic in Delhi and Mumbai airports

(b) if so the details of the steps proposed to be taken to beef up flight operations across the country and

(c) the details of additional (to and fro) flights that are proposed to be started from Delhi and Mumbai airports to Orissa

48


THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) to (c) Government has laid down Route Dispersal Guidelines with a view to achieve better regulation of air transport services taking into account the need for air transport services of different regions of the country Subject to these guidelines airlines are free to provide air services to any place depending upon the traffic demand and commercial viability

Air Indias scheme for promotion of tourism

dagger2117SHRI RUDRA NARAYAN PANY PROF RBS VARMA


(a) whether any plan has been started in collaboration with Air India for attracting Indian tourists by many countries

(b) if so the details of the plan and

(c) the extent of profit likely to be earned by Government from this Scheme

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) and (b) Air India has entered into an alliance with Tourism Malaysia and Singapore Tourism Board to promote business on Singapore and Kuala Lumpur sectors (which is valid till 31 December 2005) to attract the outgoing Indian tourists

(c) Many tangible and intangible benefits would accure to the aviation traval amp tourism industry which cannot be quantified

Improvement of security at Airports

2118 SHRI EM SUDARSANA NATCHIAPPAN SHRI RAJEEV SHUKLA


(a) whether Government have ordered certain stern security measures to improve safety and security at Indian airports


(c) whether these add onal measures will cause inconvenience to the passengers and delays in passenger handling at the airports


49


THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) and (b) Security measures at airports in India are in consonance with the standard and recommended practices of International Civil Aviation Organisation (ICAO) Taking into account the threat perception and security scenario in civil aviation operations newrevised Aviation Security OrdersCirculars are issued by the Bureau of Civil Aviation Security (BCAS) from time to time

(c) While instituting security measures at airports in the country due care is exercised by the Airport Security Unit to ensure that the security controls and procedures cause minimum of interference with or delay to the activities of civil aviation It is also ensured that enhanced security measures instituted during period of alert cause minimum inconvenience of delays in passenger handling

Development of Aviation Sector in MP

dagger2119 SHRI PK MAHESHWARI Will the Minister of CIVIL AVIATION be pleased to state

(a) whether Government are considering to develop the Aviation Sector in Madhya Pradesh from the tourism point of view if so in what manner

(b) whether some proposals of the State Government in this regard are pending with the Centre


(d) by when the schemes will be completed

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) Yes Sir Airports Authority of India (AAI) has taken up various development plans for upgradation of infrastructural facilities at Khajuraho Bhopal and Indore airports in the State of Madhya Pradesh

(b) to (d) State Government of Madhya Pradesh has requested AAI to extend and-upgrade the runway at Bhopal and Indore airports for operation of wide-bodied jet aircraft and associated facilities and expressed willingraess to give required land free of cost and free from all encumbrances The AAI will take up this work subject to receipt of a firm commitment from airlines to operate wide-bodied jet aircraft through these


50


airports Presently there is no commitmentdemand from any airlines in this regard

Renovation of IGI Airport

2120 SHRI ABU ASIM AZMI Will the Minister of CIVIL AVIATION be pleased to state

(a) whether Government have decided to renovate IGI Airport Delhi

(b) if so the details of the renovation and the reasons therefor

(c) the estimated expenditure to be incurred thereon and by when it is expected to be completed

(d) how far this renovation shall be superior to the Mumbai Airport and if not the reasons therefor and

(e) the extraordinary facilities that are to be provided to the passengers

THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION (SHRI PRAFUL PATEL) (a) to (e) Government has decided to develop and modernise the Indira Gandhi International Airport Delhi and Chhatrapati Shivaji International Airport Mumbai to world class standards through re-structuring As per the preliminary estimate the capital investment to the extent of Rs 7961 crores and Rs 6131 crores will be required for Delhi and Mumbai airports respectively for this purpose over a period of 20 years in 4 stages of 5 years each

Facilities at Delhi Airport

2121 SHRI SU THIRUNAVUKKARASAR Will the Minister of CIVIL AVIATION be pleased to state the steps taken to increaseimprove the runways infrastructural facilities like restaurants restroomslounges toilets in the Delhi Airports to cope with the increase in the number of flights operations which is more than 100 in the last year

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) Airports Authority of India has initiated a number of steps to increase runway capacity parking capacity and terminal capacity

(i) construction of 15 parking stands to be completed by June 2006 at the domestic apron

51


(ii) construction of 4 parking stands for B-747 and AB-380 aircraft to be completed by October 2000

(iii) construction of additional exit taxi tracks to be completed by March 2006

(iv) one additional X-ray machine has been provided in security hold area of Terminal-2 to expedite security check clearance

(v) All check-in counters in the international terminal have been equipped with CUTE system

(vi) Closed portion of Domestic Terminal IB was refurbished and commissioned in August 2005 thus increasing the peak hour capacity

(vii) construction of new domestic and international terminal as a part of airport restructuring

Development of Airports in North-Eastern States

2122 SHRI TR ZELIANG WHI the Minister of CIVIL AVIATION be pleased to state

(a) the schemes launched or proposed to be launched for development of Dimapur Imphal Aizwal Silchar Gangtok Guwahati Lilabari Jorhat etc during the Tenth Plan

(b) the total amount sanctioned and released for these schemes

(c) whether any progress has been made in these schemes and

(d) the details of the amount sanctioned and expenditure incurred till date thereon

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) to (d) Details of schemes taken up by Airports Authority of India (AAI) for development of various airports in North Eastern States namely Dimapur Imphal Silchar Gangtok Guwahati Lilabari Jorhat Dibrugarh Shillong and Aizwal (Lengpuri) during the 10th Five Year Plan alongwith their status the amount sanctionedspent are as under

2002-03- Extentionand modification of terminal building carpark and allied works for Rs 2761 crores at Agartala construction of new terminal building control tower cum technical block fire station installation of DVOR etc for Rs 207 crores at Lilabari strengthening of apron

52


taxiway and allied works for Rs 24 crores at Silchar and resurfacing of runway etc for Rs 1027 crores at Dimpaur have been completed

2003-04mdashExpansion and strengthening of apron widening of link taxiway construction of boundary wall etc for Rs 643 crores at Agartala and construction of perimeter road for Rs 178 crores at-Guwahatt have been completed

2004-05mdashStrengthening of runway and expansion of apron and allied works at Imphal for Rs 21 crores and Agartala for Rs 337 crores installation of new DVOR for Rs 175 crores at Drbrugarh expansion of apron for Rs 183 crores at Guwahati construction of boundary wall for Rs 210 crores at Shillong have been completed Installation of Instrument Landing System (ILS) and allied works for Rs 45 crores at Dimpaur has been completed but not commissioned so far due to non-diversion of high tension power line in the approach path

2005-06mdashProjects for strengthening and extension of runway ground lighting facility ebc at Silchar airport for Rs 31 crdres and strengthening and extension of runway and construction of new terminal building at Dibrugarh for Rs 49 erores are at preliminary stages

2006-07mdashProjects for construction of control tower cum technical block for Rs 5 crores at Agartala expansion of terminal building apron etc for Rs 20 crores at Jorhat and provision of passenger boarding bridge for Rs 8 crores at Guwahati are at preliminary stages A project for construction of a new airport at Gangtok in Sikkim for Rs 339 crores has been prepared

Completion of Pathankot Airport

2t23 SHFNMATI SUKHBUNS KAUR Will the Minister of CIVIL AVIATION be pleased to state

(a) by when the Pathankot Airport is likely to be completed and

(b) the details and estimated cost thereof

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) and (b) The construction of civil enclave comprising of terminal building for 300 passengers apron and link taxiway for parking of 2 A-320 type of aircraft and other associated works have already been completed at a cost of Rs 19 crores

53


Expansion of Air Services from Bhopal


(a) whether any scheme has been formulated to increase air services from Bhopal to Chennai Hyderabad Bangalore etc in view of abundant possibilities to boost tourism industry in Madhya Pradesh and

(b) if so the details of its outline

THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION (SHRI PRAFUL PATEL) (a) and (b) Indian Airlines currently has no plans to increase air services from Bhopal to Chennai Hyderabad and Bangalore In any case airlines are free to operate anywhere in the country based on traffic potential economic viability and commercial judgement subject to observation of the Route Dispersal Guidelines laid down by the Government

Replacement of Outdated Technology used for ATC Automation System

2125 SHRI RK ANAND Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that the ATC automation system in Delhi and Mumbai is using a 15-year old technology

(b) if so whether they are outdated and difficult to maintain


(d) whether there is any proposal to replace them with the latest system

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) No Sir The ATC automation systems at these airports were commissioned in 1999

(b) and (c) Though the systems are not outdated due to rapid development in the field of computer technology the servers and workstation used in the system are no more under manufacturing and hence maintenance support is difficult to obtain The systems are presently maintained with the spares available in the stock of Airports Authority of India (AAI)


54


(d) Yes Sir AAI has initiated various short and long-terms action plans for replacement of the automation systems at Delhi and Mumbai airports

Distribution of Deepawali Sweets

dagger2126 SHRI RS GAVAI Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that the tradition of distribution of sweet packets to those travelling by Indian Airlines and also to its employees on the day of Diwali existed every year

(b) if so the reasons for discontinuance of the above tradition this year

(c) whether Indian Airlines would continue this tradition from the coming year


(e) if not the reasons therefor

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) Indian Airlines distributes sweets to the passengers on-tbe Diwali Day There is however no tradition of distribution of sweet packets to the employees

(b) There is no discontinuation of this tradition The sweets could not be distributed this year as the supplier expressed his inability to provide the supply in suitable packing at the last moment

(c) and (d) Depending on resources Indian Airlines would like to continue this tradition in future

(e) Does not arise

IPO by Indian Airlines and Air India

2127 SHRI TARIQ ANWAR Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that the National carriers Indian Airlines and Air India are preparing for an IPO in this fiscal



55


(c) whether it is also a fact that SEBI norms of mandatory 50 percent independent directors on the board have to be followed

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) and (b) Yes Sir Air India has appointed Ms DSP Merrill Lynch as Advisor for the IPO

As regards Indian Airlines the selection process for appointment of the Advisor for IPO is yet to be completed

(c) As per the Listing Agreement 50 of the Directors have to be independent if the Chairman is an Executive Chairman and 33 of the Directors have to be independent if the Chairman is a non-Executive Chairman

Disruption in Schedule of Alliance Air

2128 SHRI K CHANDRAN PILLAI Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that number of pilots left the Alliance Airlines opting for new private carriers

(b) if so whether this has led to drastic curtailments in the schedule of the airline

(c) the steps Government takenproposed to take to tackle the situation

(d) whether Government have taken steps to provide alternate employment apportunities to the workers of Alliance Air in case of termination of service of the airlines


(f) if not the reason therefor


(b) Some curtailmentsadjustments have been made in the schedule within the existing resources

(c) Alliance air is in negotiation with placement companies abroad for recruitment of Commanders Advertisement has also been released on the website of Indian Airlines for recruitment of Co-pilots

(d) to (f) Presently there is no proposal for termination of service of Alliance Air

56


Modernisation of Trivandrum Airport

2129 PROF PJ KURIEN Will the Minister of CIVIL AVIATION be pleased to state

(a) whether the State Government of Kerala have submitted some proposals for the expansion and modernisation of Trivandrum Airport


(c) Governments reaction thereto

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) to (c) Airports Authority of India (AAI) has a proposal for expansion and modernization of Trivandrum airport at a cost of Rs 25635 crores in two phases The Government of Kerala is contributing land of area 2757 acres for the construction of Phase-I development In Principle approval has been obtained from the Planning Commission on the proposal of AAI and action has been initiated for obtaining the approval of the competent authority

Modernisation of Airports during Tenth Plan

2130 PROF MMAGARWALWill the Minister of CIVILAVIATION be pleased to state

(a) the details of airports where the upgradation and modernisation programmes have been undertaken during the Tenth Plan alongwith the funds spent thereon and

(b) the details of the modernisation works carried out during this period

THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION (SHRI PRAFUL PATEL) (a) and (b) Details of upgradation and modernisation works carried out at various airports during the 10th Five Year Plan along with the cost involved (in crores of Rs) airport-wise are as under

Hyderabad-Strengtheningextention of runway (6969) Vishakhapatnam-Construction of new runway and wall etc (19152) Vijayawada-Strengthening of runway and other works (1629) Dibrugarh-Construction of new terminal building and extention of runway etc (68 5) Lilabari - Construction of new terminal building (165) Silchar - Extention of runway and construction of boundary wall (33) Gaya - Various

57


development works (6252) Ahmedabad - Construction of new departure block isolation bay and parallel taxi track with rapid exit taxiway and new arrival block (11581) Bhavnagar - Recarpeting runway taxiway and apron construction of periphery road and shoulders (995) Bhuj -construction of terminal complex (1951) Porbandar - Construction of new terminal building (872) Surat - Various development works (495) Kangra - Extention of runway construction of apron taxiway terminal building etc (1075) Kullu - Construction of new terminal building and pavement (75) Jammu - Extention of runway (1131) Kargil -Construction of new airport (3781) Srinagar - Expansion of terminal building (7748) Bangalore - GAGAN project (2258) Mangalore -Construction of new runway and resurfacing of existing runway (5526) Calicut - Expansion and modification of international terminal building (8948) Trivandrum - Strengthening of runway and pavements and provision of aerobridge (1826) Imphal - Resurfacing of runway construction of isolation bay extention of apron and link taxiway (2094) Bhopal - Extension of runway (105) Jabalpur - Construction of new terminal building (100) Khajuraho - Extention of runway and construction of new terminal building etc (3178) Nagpur - Strengthening of apron etc (70) Raipur - Extension of runway and allied works (1264) Mumbai -Construction of 4 remote international parking bays (180) Dimapur -Resurfacing of raunway and facilities of basic strip (1362) Bhubneshwar -Extension of runway (1262) Amritsar - Expansion and modification of terminal building extension of runway apron cargo complex etc (7927) Pathankot - Development of civil enclave etc (3334) Jaipur -Extension of runway and construction of new integrated terminal building (2403) Jodhpur - Extension of apron (995) Jaisalmer - Development of new civil enclave (600) Udaipur - Construction of new terjninal building (695) Agartala - Expansiondevelopment of terminal complex extension of runway and construction of isolation bay etc (5631) Coimbatore -Extension and strengthening of runway (420) Chennai - Construction of technical building new international terminal complex and integrated cargo terminal (8137) Madurai - Strengthening and extension of runway development of terminal building construction of canopy (3525) Trichy -Construction of new terminal building and extensionstrengthening of runway (11593) Lucknow - Extensionstrengthening of runway resufacing of taxi-track and extension of apron and isolation bay (4471) Varanasi-Extension and strengthening of runway provision of shoulders and

58


construction of new terminal building (3143) Dehradun - Various upgradation works (482) Kolkata - Modification of International terminal building construction of integrated cargo complex and strengthening of main runway (10961) Bagdogra - Development of passenger terminal complex (1347) and Tazpur - construction of New CAT complex amp new apron (186)

Land for new airport at Chennai

2131 SHRIMATI SG INDIRA Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that the State Government of Tamil Nadu had offered 14575 acres of land free of cost to set up a new international airport in Chennai

(b) if so the steps takerr-by the Airports Authority of India to acquire the land offered by the State Government of Tamil Nadu free of cost and

(c) whether it is also a fact that the State Government of Tamil Nadu had suggested that the new international airport in Chennai be located on the northern side of the existing main runway

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) and (b) State Governmnet of Tamil Nadu has offered to Airports Authority of India (AAI) 583 hectares of land (1440 acres) free of cost and free from all encumbrances for development of a new International Terminal Complex and other related infrastructure on the northern side of existing airport at Chennai AAI has conveyed its approval to the State Government of Tamil Nadu for acquiring this land

(c) Yes Sir

Changes in Bangalore international airport Project

2132 SHRI KB KRISHNA MURTHY Will the Minister of CIVIL AVIATION be pleased to state

(a) whether the Ministry has suggested changes in the proposed greenfield airports terminal building of the proposed Bangalore international airport at Devanahalli

(b) if so whether Government have suggested to take action to increase the capacity of new greenfield airports terminal from 45 million passengers to 10 million

59

RAJYA SABHA [ 13 December 2005]

(c) if so the action taken in this regard and

(d) the present status of the proposed Bangalore international airport project

THE MINISTER Of STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) There is a plan to extend the area of terminal building of the proposed Bangalore International airport as there is an increase in traffic from the earlier projections

(b) and (c) The details of the plan amp expenditure on the revised plan are being worked out

(d) The Financial Close of the project was achieved on 23rd June 2005 and the formal implementation of the Project has commenced on 2nd July 2005 This project is likely to be ready for operation in April 2008

Advanced baggage clearance system at Bangalore Airport


(a) the number of passengers on an average check in at Bangalore Airport daily

(b) whether advanced baggage clearance was installed in Bangalore Airport and

(c) if not by when it will be installed

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) The average number of passengers passing through Bangalore International airport is 8491 per day comprising of 7456 domestic and 1035 international passengers

(b) and (c) Information is being collected

Revival of Cuddapah Airport

2134 SHRI RAMA MUNI REDDY SIRIGIREDDY Will the Minister of CIVIL-AVIATION be pleased to state

(a) whether it is a fact that Cuddapah Airport in Andhra Pradesh is under the control of Airports Authority of India

(b)whether it is also a fact that between 1985 and 1989 Vayudoot flights were in operation in Cuddapah Airport

60


(c) if so the reasons for abandoning the above airport

(d) whether there is any proposal to revive the airport and start its operations afresh

(e) whether any request in this regard has been received from the State Government of Arrdhra Pradesh

(f) if so the details thereof and

(g) the action taken by Government on the request


(b) Yes Sir

(c) Cuddapah airport was not abandoned It is a non-operational airport since no scheduled flight has operated at Cuddapah for more than 15 years

(d) NQ Sir

(e) and (f) Yes Sir The State Government of Andhra Pradesh has requested to make Cuddapah airport operational for low-cost airlines

(g) On inspection the upgradation of existing facilities at Cuddapah airport for operation of ATR-42 type of aircraft was found feasible However Airports Authority of India (AAI) has no plan at present to take up the development works Because there is no demand from any scheduled airlines to operate through this airport

Pending proposals for new airlines

2135 SHRI RAJU PARMAR Will the Minister of CIVIL AVIATION be pleased to state

(a) whether Government are encouraging existing private airlines to expand their wings in Aviation sector

(b) if not the reasons for granting international slots to these airlines without waiting for Aviation Policy

(c) whether Government would encourage other private domestic airlines and allow new players to enter the Aviation sector by giving the permission promptly

(d) if not the reasons therefor

61


(e) the details of proposal for grant of permission to new airlines pending for more than six months and

(f) the steps being taken to clear these proposals promptly by Government

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) to (d) As part of its liberalization policy and to improve the utilisation of traffic rights by the Indian side Government decided to permit private scheduled airlines having continuous 5 years operations in domestic sector and having a minimum fleet size of 20 aircraft to operate on international routes except to UAE Qatar Bahrain Oman Kuwait and Saudi Arabia

(e) and (0 As per the eligibility condition only Jet Airways and Air Sahara qualify for international operations amongst the domestic private scheduled airlines at present These airlines have already been permitted to operate on international routes

Joint Venture between SIAEC and Indian Airlines


(a) the details of bilateral agreements on Aviation sector between India and Singapore

(b) whether Singapore International Airlines Engineering Company (SIAEC) have recently withdrawn from the Joint Venture (JV) with Indian Airlines on setting up of the Maintenance Repair and Overhaul (MRO) facility and

(c) if so the main reasons for withdrawal from the planed JV of MRO facility and whether it will hit the- Indian Airlines in their growth programmes and if so the steps being taken to revive the JV by Government at the highest level

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) The Air Services Agreement between India and Singapore was signed on 23rd January 1968 Since then bilateral air services talks were held from time to time to review the air services matters by signing MOUAgreed Minutes the last round of which was held on 23-24 August 2005 As per the present air services arrangement between two countries the designated airlines of both sides are entitled

62


to operate nearly 16760 seatsweek Delhi Mumbai Chennai Kolkata Hyderabad Bangalore and 18 tourist destinations in India are available as points of call for the designated airlines of Singapore and Singapore is a point of call for the designated airlines of India

(b) No Sir

(c) Does not arise

Air service agreements with Belgium and Holland

2137 SHRIMATI NP DURGA Will the Minister of CIVIL AVIATION be pleased to state

(a) whether Government have updated its existing air services agreements with Belgium and Holland


(c) the details of frequencies that are going to be operatedunder the new agreements with Belgium and Holland

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) and (b) Yes Sir The Air Services Agreements with Belgium and Holland were updated during the recently held bilateral talks with the respective Governments during May 2005

(c) In case of revised India-Holland Air Services Agreement the designated airlines of both sides are now entitled to operate up to 14 services per week which will be further increased to 21 services per week from Summer 2006 schedule Similarly under revised India-Belgium air services agreement a maximum of 21 servicesweek can be operated by the designated airlines of both sides between the points in India and Belgium

Operation of main runways at Mumbai and Delhi airports

2138 SHRI ANAND SHARMA Will the Minister of CIVIL AVIATION be pleased to state

(a) whether it is a fact that the main runways at Mumbai and Delhi International Airports have not been fully operational since August 2005 leading to delays and disruption of flights and

(b) if so the factors responsible for the same and the period of unavailability of main runways at these airports during the year 2005

63


THE MINISTER OF STATE OF THE MJNISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) The main runways at Delhi and Mumbai airports have been fully operational except during the period of heavy rains at Mumbai and due to an accident involving Air Sahara flight at Mumbai

(b) Due to heavy rains at Mumbai from 2672005 to 182005 runways at Mumbai airport were out of operations from 1329 hours on 2672005 to 1930 hours on 2772005 Thereafter they were made operational without Instrument Landing System (ILS) facility The facility of ILS was later on commissioned on 282005 On9102005 Mis Air Sahara Boeing 737 aircraft overshot the available landing distance of runway 2709 at Mumbai airport and ploughed into the soft ground beyound the runway end The runway 27 was closed at 1920 hours 1ST on 9102005 and secondary runway was made operational at about 1950 hours on the same day Runway 27 was partially opened at 2315 hours 1ST on 9th October 2005 itself Further runway 27 with reducedrevised declared distances (due to presence of aircraft as on obstruction) was made available at 2315 hoursHowever the same could only be used on 13102005 after calibration of ILS and first flight operated at 1127 hours At Indira Gandhi International Airport the main runway was closed for carrying out development works for enhancing runway capacity during 1882005 to 6112005 - 900 hours to 1600 hours and from 7112005 to 30 112005 - 0800 hours to 1630 hours Secondary runways was available for operations during the closure period

Losses due to floods

2139 SHRI C RAMACHANDRAIAH Will the Minister of CIVIL AVIATION be pleased to state

(a) whether Government have made any assessment of the damageloss suffered to the airlines industry due to recent floods and natural calamities in the country

(b) if so the details in this regard

(c) the loss suffered by various airlines as a result thereof and (d) the steps taken by Government to deal with such a situation in

future

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) to (c) No Sir However due to floods in-

64


Mumbai Air India and Indian Airlines cancelled 123 and 294 flights respectively Indian AirlinesAlliance Air and Air India have suffered a loss of Rs 409 crores and Rs 1709 crores respectively According to information given by the private scheduled airlines a total of 951 flights were cancelled by them and they suffered a loss of Rs 2483 crores

(d) Adequate drainage system has been provided for disposal of the rain water to prevent the flooding on the runways at the airports The drainage systems are being improved from time to time whenever deficiency is noticed due to unprecedented heavy rains

Damage to vishakhapatnam Airport

2140 SHRI K RAMA MOHANA RAO Will the Minister of CIVI3L AVIATION be pleased to state

(a) whether it is a fact that in the recent incessant rains in Andhra Pradesh Vishakapatnam airport was inundated in water for several days

(b) if so the reasons therefor

(c) whether his Ministry has taken up upgradation of Vishakhapatnam airport with the help of Navy and State Government of Andhra Pradesh with an estimated cost of Rs 200 crores

(d) whether a new terminal building and runway is also being constructed and

(e) if so the details thereof


(b) The total rainfall recorded on 14th and 15th October 2005 in Vishakhapatnam was 236 mm whereas the average monthly rainfall is 204 mm for the month of October As a result the discharge from various adjoining hills and the rivulets was very high The release of water from Mehadrigedda Reservoir located approximately 8 kms from the airport so as to maintain safe level also added additional quantity of water to cause flood at the airport

(c) Yes Sir Upgradation work at Vishakhapatnam airport has been taken up jointly by Navy Wing of Ministry of Defence State Government of Andhra Pradesh and Airports Authority of India (AAI) at an estimated cost of Rs 19152 crores

65


(d) and (e) The upgradation works include construction of a new integrated terminal building with modern facilities new runway of 10000 feet length new apron strengthening of existing runway perimeter road and boundary wall

Open sky agreements with South Asian countries

2141 SHRI RAVULA CHANDRA SEKAR REDDY Will the Minister of CIVIL AVIATION be pleased to state

(a) whether Government have proposed open skies over South Asia recently


(c) the response of each country from South Asia in this regard and

(d) the decisions arrived at so far

THE MINISTER OF STATE OF THE MINISTRY OF CIVIL AVIATION (SHRI PRAFUL PATEL) (a) and (b) During the SAARC Summit held in Dhaka in November 2005 the Honble Prime Minister has offered the facility of daily services for the designated airlines of SAARC member countries to Delhi Mumbai Kolkata Chennai Hyderabad and Bangalore and unlimited access to 18 tourists gateways in India with reciprocal rights to the Indian carrieres

(c) and (d) While this offer stands formalized with Sri Lanka it is yet to be formally taken up with the remaining SAARC countries

Development of airports in Rajasthan

2142 DR GYAN PRAKASH PILANIA Will the Minister of CIVIL AVIATION be pleased to state

(a) whether there is any plan for development of domestic or International airports at Jaipur Udaipur Jodhpur and Jaiselmer in Rajasthan

66



(c) by when such development plan is likely to be executed and completed

(d) the details of projects if any sanctioned for the development of Civil Aviation in Rajasthan during the Tenth Plan Period

(e) the amount earmarked for this purpose and

(f) the progress of work in each case

THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION (SHRI PRAFUL PATEL) (a) to (f) Airports Authority of India (AAI) has already taken up extension of runway and associated works at Jaipur airport at a cost of Rs 2824 crores to handle wide bodied jet aircraft operations and has plans for construction of a new international terminal building and a new apron with associated facilities at a cost of Rs 115 crores to handle international operations At Udaipur airport extension of runway upto 7500 feet at a cost of Rs 6 crores for AB-320 operations has been completed AAI also has plans for construction of a new domestic terminal building at a cost of Rs 6945 crores with new apron and modern passenger amenities for limited international operations at Udaipur Airport

AAI has plans for construction of new taxi track at Jodhpur airport at a cost of Rs 1314 crores and for construction of terminal building apron and link taxiway at Jaiselmer Airport at a cost of Rs 60 crores Projects are at preliminary stages

Pending cases for violation of Companies Act

2143 DR GYAN PRAKASH PILANIA Will the Minister of COMPANY AFFAIRS be pleased to state

(a) total number of cases pending in various courts (Supreme Court High CourtsDistrict Courts) for violation of Companies Act

(b) the steps being taken by Government to expedite the trial

(c) the number of such cases against various companies ended in

67


convictionpunishment during the last three years and percentage conviction thereof and

(d) what steps Government contemplate to take to improve the conviction percentage

THE MINISTER OF STATE OF THE MINISTRY OF COMPANY AFFAIRS (SHRI PREM CHAND GUPTA) (a) A total of 45562 cases were pending in various Courts as on 31st March 2004 for violations of the Companies Act 1956

(b) To rationalize the process of prosecution of non-compliant companies the Govt has inter alia floated Simplified Exit Schemes (SES) in the years 2003 and 2005 respectively to enable exit by defunct companies 26714 companies were struck off under SES 2003 while 26483 companies have applied under SES 2005 Earlier under the Company Law Settlement Scheme 2000127083 companies filed the required statutory documents thus reducing pendency of court esses filed on account of violations of technical or procedural nature Trial of the remaining companies is being pursued in the relevant courts The time taken for disposal for an individual case depends upon the nature of offence or offences

(c) Number of prosecution ending in convictionspunishment during the last three years and the percentage conviction is as per enclosed Statement (See below)

(d) The Ministry of Company Affairs had constituted a Committee on streamlining the Prosecution Mechanism under the Companies Act 1956 headed by Shri OP Vaish The Committee has submitted its report in October 2005 which is under examination

Statement

Number of prosecutions ending in convictionspunishment during the last three years and percentage of conviction

2001-2002 2002-2003 2003-2004

2430

43

2804

51

2665

58

68


Shifting business process of Registrar of Companies to

E-Governance mode

2144 SHRI RAJEEV SHUKLA Will the Minister of COMPANY AFFAIRS be pleased to state

(a) whether it is a fact that in order to reduce the paperwork Government propose to shift entire business process of Registrar of Companies to e-Governance mode and

(b) if so the details of the proposals alongwith status of its implementation

THE MINISTER OF STATE OF THE MINISTRY OF COMPANY AFFAIRS (SHRI PREM CHAND GUPTA) (a) Yes Sir

(b) The Ministry of Company Affairs (MCA) has launched an ambitious e-Governance and modernization programme called MCA21 e-Governance Project on 01032005 The Project aims at transforming MCA into a paperless modern service-oriented quality conscious and customer centric organization envisages shifting entire business process of Registrar of Companies to e-Governance mode After implementation all services such as registration of new companies filing of annual returns and balance sheets filing of event based documents and also viewing of documents etc will be available to public online through Internet

The Project envisages

mdash Digitisation of legacy data of Companies and Annual Returns amp Balance Sheets of two years running into approx 60 crore pages

mdash Setting-up of facilitation centers at 53 locations throughout the country These are known as Physical Front Offices (PFOs) and will remain operational for a period of three years

As per plan the Project is to be implemented within a period of 60 weeks starting 132005 The Project implementation will start as pilots from mid January in phases leading to nation-wide rollout by the end of April 2006 The implementation is going ahead as per schedule

69


Levy of high user charges in rural areas by banks

2145 SHRI SM LALJAN BASHA Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that Nationalised Bank levy higher user-charges in rural areas than in urban areas

(b) whether the RBI has allowed such a discriminating policy against rural bank users

- (c) whether it is a fact that banks charge higher fees for bank drafts cheque encashment in rural areas

(d) what is the policy RBI has enunciated in this matter and

(e) steps proposed to review a policy whereby rural consumers pay more and get less services from banks

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (e) With effect from September 1999 banks have been permitted to fix the service charges for various types of services rendered by them with the approval of their Board of Directors Therefore individual banks decide their own service charges Reserve Bank of India (RBI) has not come across any instance of banks levying higher service charges in rural areas as compared to urban areas

RBI has requested National Council of Applied Economic Research (NCAER) to carry out a study on the services rendered to Depositors and Small Borrowers in Rural and Semi-urban areas The objective of the study is to find out the quality of services rendered by branches of commercial banks to their customers both depositors and small borrowers in rural and semi-urban areas

Expert Committee on Income Tax Act

2146 SHRI LALIT SURI Will the Minister of FINANCE be pleased to state

(a) whether there is a proposal under Governments consideration

70


to appoint an Expert Committee to look into the changes to be made in the present Income Tax Act

(b) if so whether the personnel for the Committee have been identified and the time-frame decided for it to complete and submit its recommendations and

(c) if so the details in this regard and by when the amending Bill is likely to be introduced

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (c) The Government has already constituted an Expert Group comprising of the officers of the Ministry of Finance Ministry of Law and Justice and Income Tax Department to prepare a draft for the revised and simplified Income Tax Law The Group is expected to submit its report by 31122005 The schedule for introducing the Bill in this regard shall be decided after examination of the report of the Group by the Government

Extension of banks in smaller cities of Russia

2147 SHRI RS GAVAI Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that the Russian Banking Association is asking Indian banks to extend their banking services in smaller cities in Russia


(c) whether Indian Banks Association is in favour of this proposal



THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) No Sir Reserve Bank of lndia has not received any reference from Russian Banking Association asking Indian banks to extend banking services in small cities of Russia

(b) to (e) Do not arise

71


Money laundering

2148 SHRIMATI BIMBA RAIKAR Will the Minister of FINANCE-be pleased to state

(a) whether the Reserve Bank of India has recently reckoned the extent of money laundering in India at about $ 60000 million to $15 billion

(b) whether these projections work out to 2 to 5 per cent of our GDP and

(c) whether introduction of Financial Action Task Force is likely to curb money laundering and if so to what extent

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) Since money laundering is the process of conversion of money derived out of criminal activity into clean money there is no proper estimate available with Reserve Bank of India (RBI) as to the extent of amount involved

(c) The Financial Action Task Force (FATF) is an intergovernmental body which has stipulated 40 recommendations for curbing money laundering in all member and sub-member countries RBI has issued guidelines to banks on Know Your Customer (KYC) norms for their customers based on the said recommendations of FATF It is hoped that with the coming into force of the revised guidelines issued by RBI on 29th November 2004 on KYC norms and Anti Money Laundering (AML) the practice of money laundering would be curbed to great extent

Modifications in data collected through TIN

2149 SHRI RAJEEV SHUKLA Will the Minister of FINANCE be pleased to state

(a) whether Government have been able to make any significant use of the wealth of information being collected through Tax Information Network (TIN)

(b) i so the details thereof

(c) whether any modifications or alterations are proposed in the types oramount of data collected through TIN and


72


THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) The Tax information Network (TIN) is a repository of important tax related information coming from various sources which is being used by the Income-tax Department for widening and deepning the tax direct tax base of the country Information coming from electronic TDS returns is being used for identification of non-filers of TDS returns and for matching tax deducted at sources with the tax deposited in Government account The information coming in from Online Tax Accounting Systems (OLTAS) is being used for monitoring tax collections The information coming in from the Annual Information Returns (AIR) is about specified high value financial transactions for identifying non-filers for selection of cases for scrutiny and for deepening the tax base

(c) No Sir

(d) Not applicable in view of reply to (c) above

Problems in getting educational loans

2150 SHRI SANJAY RAUT Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that many students from poor and middle class familes are facing problems in getting educational loans for their further studies

(b) if so Governments response thereto and the details of steps taken for making available the education loans to every students belonging to poor and middle class family who desires to seek higher studies

(c) whether Government are seriously considering to raise a Corpus Fund which will offer students loans at zero or mimimum rate of interests and

(d) if so the details thereof and if not the reasons therefor

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) No specific complaint has come to the notice of the Government that students from poor and middle class families are facing problems in getting educational loans

73


Government in consultation with RBI amp IBA has framed a comprehensive educational loan scheme to ensure that no deserving student in the country is deprived of higher education for want of finances Under the revised model educational loans scheme (August 312004) the simplified procedurecriteria are as under

Security

Educational Loan up to Rs 4 lakh No Security

Above Rs 4 lakh and up to Rs 75 lakh Collateral in the form of a suitable third party guarantee The bank may at its discretion waive third party guarntee if satisfied with the networthmeans of parents who would be executing the document as joint borrower

Above Rs 75 lakh Collateral security of suitable value or suitable third party guarantee aiongwith the assignment of future income of the student for payment of instalments

Margin No collateral or margin required for loans up to Rs 4 lakh

Interest Interest not to exceed PLR for loans up to Rs 4 lakh and PLR+1 for loans above Rs 4 lakh

(c) No Sir

(d) Does not arise

Provision of easy loans to farmers in Uttaranchal

2151 SHRI HARISH RAWAT Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that the farmers in Uttaranchal have to face many difficulties in getting loans from the banks

(b) whether Government propose to issue guidelines to provide loan to the farmers in the State especially in the hilly and far flung areas and

(c) if so the details thereof and if not the reasons therefor

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Farmers in hilly areas including Uttaranchal sometime face difficulty in availing loans in time because of the hilly terrain and location of branches

74


(b) and (c) In all State Level Bankers Committee meetings and other fora in Uttaranchal State the Banks are being impressed to enhance lending to farmers in hill areas The farm credit package announced by the Government of India on 18th June 2004 has resulted in increased credit flow to agriculture and allied sectors in Uttaranchal State from Rs 42589 crore in 2003-04 to Rs 64364 crore in 2004-05 registering an increase of more than 51

Requirement of examinations for aspirants of Customs House Agents

2152 SHRI RAJ NATH SINGH Will the Minister of FINANCE be pleased to state

(a) whether the aspirants of Customs House Agents Licenses are required to appear for further examinations by other customs stations despite having already qualified the required examinations stipulated under Regulations-8 of CHA-Licensing Regulations 2004 at a different Customs House earlier and

(b) if so the reasons therefor since a CHA-License issued at any Customs House in the country is valid for functioning at all the customs stations across the country on a simple intimation in Form-C at the respective customs stations

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) No Sir Proviso to Regulation 8(1) of Customs House Agents Licensing Regulation 2004 clearly provides that an applicant who has already passed the examination referred to in regulation 8 will not be required to appear for any further examination

(b) Nil in view of reply above

Elimination of revenue deficit

2153 SHRI S ANBALAGAN Will the Minister of FINANCE be pleased to state

(a) whether Government have taken any steps to eliminate revenue deficit by March 2009 as mandated by Fiscal Responsibility and Budget Management Act 2003

75


(b) if so the details thereof and the achievements made so far

(c) whether this goal would be achieved as stipulated in the Act



THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (d) Government is committed to elimination of revenue deficit as enjoined by Fiscal Repsonsibility and Budget Management Act 2003 and has been following a comprehensive policy of fiscal rectitude which aims inter alia at higher tax revenues and moderation in the growth of non-plan expenditure to achieve the same Fiscal Responsibility and Budget Management Rules 2004 provide for annual roadmap in this direction Revenue deficit as percentage of GDP is expected to decline from 36 percent in 2003-04 to 27 percent in 2005-06 (Budget Estimate)

(e) Does not arise

Separate funds for investor protection and awareness

2154 SHRI SANTOSH BAGRODIA

SHRI HARISH RAWAT


(a) whether there are two separate funds available for investor protection and awareness one with the Department of Company Affairs (OCA) and another with the Securities and Exchange Board India (SEBI)

(b) to what extent DCA has utilized the available funds for this purpose and

(c) whether the Ministry is considering transferring the Investor Education and Protection Fund (IEFP) available with DCA to the SEBI

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) In pursuance of section 205C of the Companies Act 1956 a fund called Investor Edcuation and Protection Fund (IEPF) has been established with effect from 01102001 for promotion of investor awareness and protection of interests of investors This fund is administered by the Ministry of Company Affairs (MCA) SEBI has no such fund

76


(b) The details of budget allocation and expenditure incurred under IEPF during the last three years are as undermdash

(Rs) Financial Year Budget Expenditure

2002-2003 30200000 17940000

2003-2004 30000000 28355000

2004-2005 30000000 16337684

(c) The transfer of IEPF to SEBI was taken up with the MCA which held the view that the IEPF having been set up under the provisions of the Comapnies Act 1956 is appropriately administered by them

Legal action against banks defaulters

dagger2155 PROF ALKA BALRAM KSHATRIYA Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that Banks have to take legal action against those people who do not return loans taken from the Nationalised Banks

(b) if so the details of cases in which the legal action has been taken to realise loans during the last three years together with the details of amount involved in each case bank-wise

(c) whether loans have been returned as a result of this legal action and

(d) if so amount received by Banks as payment during last three years year-wise

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Yes Sir Government of India and Reserve Bank of India have stipulated certain steps for recovery of loans which inter-alia include evolving and implementing a recovery policy by banks filing of suits in civil courtsDRTs issue of notices under SARFAESI Act 2002 compromise settlement and monitoring and follpw up of NPAs at various levels The public sector banks have been advised to take effective measures for expenditious recovery of dues from the borrowers in NPA accounts


77


(b) Credit Information Bureau (India) Limited is maintaining a database on suit-filed accounts of Rs 1 Crore and above non suit-filed accounts (wilful defaulters) of Rs 25 Lacs and above The information can be accessed at CIBIL website wwwcibilcomJhe information is based on an application developed to enable the users to access data through a parameterised search process across banks and companies at various geographical locations As reported by Debts Recovery Tribunals (DRTs) upto 31032005 a total of more than 82000 cases were filed in various DRTs involving an amount of Rs 170800 crore Out of these 52968 cases have been disposed off and an amount of Rs 16905 crore has been recovered

(c) and (d) The total amount recovered by the public sector banks during the year 2002-032003-04 and 2004-05 is Rs 18730 crore Rs 20705 crore and Rs 20519 crore respectively which includes actual recovery recovery through upgradation and amount of compromisewrite-offs

Recovery of due amount of taxes

dagger2156 DR MURLI MANOHAR JOSHI SHRI RAVI SHANKAR PRASAD


(a) whether it is a fact that due amount of total taxes was Rs 99698 crore by the end of year 2004-2005

(b) if not what is the actual amount

(c) whether it is also a fact that out of this due amount Rs 7083 crore had been recovered by a Task Force constituted in August 2004

(d) if not the quantum of this amount and the total amount written-off during the above year and

(e) whether in view of this the present system of tax recovery needs an improvement

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) An amount of Rs 98612 crores was outstanding as arrears of direct taxes at the end of financial year 2004-05


78


(c) and (d) An amount of Rs 7083 crore was collected during financial year 2004-05 out of the arrears of direct taxes The Task Force on recovery of direct tax arrears coordinated monitored and facilitated the efforts of the Income Tax Department towards making such recovery of arrears An amount of Rs 20098 crore was further liquidated from the arrears by way of reduction in appeals revision rectification etc during financial year 2004-05

(e) The Government is at present considering no significant change in the legislative and administrative framework for recovery of direct taxes

Measurement of development outcomes of Programmes

2157 SHRI MOOLCHAND MEENA Will the Minister of FINANCE be pleased to state

(a) whether the Government have decided to set up a mechanism which would be put in place to measure the development outcomes of all major programmes

(b) whether any concrete programme of action plan has been prepared by Government

(c) if so whether during the first year focus would be on the outcome of plan schemes

(d) whether Government have felt the need to improve quality of implementation and enhance efficiency as well as accountability of delivery mechanism and

(e) if so to what extent these proposals will be helpful in improving implementation of the major programmes that have been undertaken by the Government in the country

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) Yes Sir Monitoring and evaluation mechanisms have been created at various levels at Centre and State as part of the programme guidelines Programme Evaluation Organisation of Planning Commission carries out evaluation of selected programmes under implementation to assess their impact the Ministry of Statistics and Programme Implementation also monitors large central projects A Programme Outcome amp Response Monitoring Division has

79


been set up in Planning Commission to measure physical outcomes of major programmesschemes

(c) and (d) Yes Sir

(e) These proposals will help in monitoring and assessing the implementation and impact of the major programmesschemes

Merger of weak banks with stronger banks

2158 SHRI JESUDASU SEELAM

DR T SUBBARAMI REDDY


(a) whether in the first phase of the consolidation in the Indian Banking sector he is considering the merger of weak banks with stronger banks to strengthen financial position of banks

(b) if so the details of weak banks which have been considered

(c) what are major plans proposed by Government in this regard and

(d) to what extent it will be helpful in improving banks functioning and profitability

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (c) Any proposal for consolidation by way of merger etc of one nationalised bank with another nationalised bank has to come from the management of the banks concerned with Govt playing a supportive role as the common shareholder The Boards of Banks have to take a decision in this regard based on the synergy levels of mergingconsolidating entities In his meeting with CEOs of Public Sector Banks (PSBs) held on 18th November 2005 the Finance Minister emphasized that to accelerate the process of consolidation in the banking sector it is necessary that all the stakeholders are sensitised The banks have been requested to continue and deepen the dialogue with the employees and officers to obtain a consensus in favour of consolidation

(d) Small and weak banks pose systemic risks with their low capital adequacy ratio and high NPAs Consolidation would allow economies of scale in terms of footprint manpower and other resources Having Indian Banks of a larger size would also enable them to face competition arising

80


from internationalization of the economy Larger size also entails better management of risk

Pending excise duty cases


SHRI HARISH RAWAT


(a) whether it is a fact that about 55000 cases involving excise duty of Rs 23276 crore were pending as on 31st March 2004 with different authorities

(b) whether it is also a fact that about 8369 cases are pending for more than five years

(c) if so measures taken to expedite adjudication of these cases and

(d) whether there is any proposal to fix time-limit for adjudication of cases

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) As per CampAGs report No 11 of 2005 (Indirect TaxesmdashCentral Excise and Service Tax) a total of 54560 cases involving excise duty of Rs 2327577 crore were pending finaiization as on 31st March 2004 with different authorities which included departmental officers Commissioner (Appeals) Tribunal High Courts and Supreme Court Out of these 8369 cases were pending for more than five years

(c) Disposal of cases pending before various authorities is a continuous process While old cases are disposed off new cases crop up The following steps have been taken by the Government to speed up the disposal of casesmdash

(i) Continuous monitoring of cases pending before different authorities

(ii) Filing of applications before different appellate authorities for disposalearly hearing of cases

(iii) Legislative provision has been made to ensure early disposal

81


of the cases by prescribing a limit of maximum three adjournments of hearings by departmental adjudicating officers Tribunal

(iv) A dedicated unit eg Tax Arrears Recovery Cell has been created to oversee monitor and coordinate the disposal of appeal cases and realization of related revenue

(v) Departmental adjudicating officers have been asked to undertake faster disposal of adjudication cases

(d) In the Central Excise Act 1944 provisions have been made that where it is possible to do so Commissioner (Appeals) and Tribunal shall hear and decide every appeal within a period of six months and three years respectively from the date of filing of appeal There is no fresh proposal pending consideration at this stage

Financial package to revamp co-operative sector question

2160 SHRI RP GOENKA SHRI RAMA MUNI REDDY SIRIGIREDDY


(a) whether it is a fact that a Rs 15000 crore financial package has been worked out to re-vamp the Co-operative sector

(b) if so the details thereof including the contribution proposed to be made by the State Governments and the Co-operative banks in accordance with recommendations of the Vaidyanathan panel and

(c) the details of steps taken to fine-tune the regulatory control exercised by the Registrar of Co-operatives so as to ensure the continued financial health of the Co-operatives

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SSPALANIMANICKAM) (a) to (c) In order to revitalize the cooperative credit structure the report of the Task Force under Prof A Vaidyanathan with regard to short term cooperative credit structure has been accepted in principle for implementation in consultation with State Governments An interactive session with State Governments on the report was held on 9th September 2005 Further another discussion was held

82


with a few States on September 29 2005 Based on the deliberations a revised package was drafted which envisages a financial package to be shared by Central Government State Governments and Cooperative Credit Structure in the ratio of 68 28 and 4 respectively on an aggregate basis Further the package envisages that RBI will lay down the regulationsguidelines for prudential norms and financial matters while Registrar of Co-operative Societies (RCS) in the States will implement and monitor these regulations and guidelines In all other matters of administration and regulation RCS shall be the authority responsible for laying down regulationsguidelines

Exemption of salaried employees from filing Income Tax Returns

dagger2161 SHRI BALVANT ALIAS BAL APTE SHRI KRIPAL PARMAR SHRI TARIQ ANWAR


(a) whether there is a scheme to exempt salaried employees from filing Income Tax returns

(b) if so by when the formal declaration would be made in this regard and

(c) whether any financial loss is likely to be incurred to Government from this

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) No Sir

(b) and (c) Does not arise in view of (a) above

SSI Finance Centres

t2162 SHRIMATI MAYA SINGH Will the Minister of FINANCE be pleased to state

(a) whether Government are considering to set up Small Scale Industries finance centres in industrial areas for extending financing facilities to micro industries by banks and Financial institutions


83



(c) whether it is a fact that percent of credit flow towards Small Scale industries by Nationalised Banks and Financial institutions is approximately nil whereas these units have a major contribution in National production and

(d) if so Governments reaction in this regard

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRl SS PALANIMANICKAM) (a) and (b) The Reserve Bank of India (RBI) on 20th May 2005 has advised all Scheduled Commercial Banks and SLBC Convenor Banks to initiate early implementation of a scheme for Small Enterprises Financial Centres (SEFCs) Under the scheme banks are encouraged to establish mechanisms for better co-ordination between their branches and branches of SIDBI which are located in the clusters identified by the Ministry of Small Scale Industries for co-financing of SME sector (including tiny and services sector) on mutually agreeable operational modalities to be worked out by SIDBI and the strategic partner banks The Small Industries Development Bank of India (SIDBI) had initially decided to implement the scheme in 149 clusters and has so far executed MOU with 9 banks

(c) and (d) No Sir Credit extended to SSI sector by the public sector banks has gone up from Rs 52988 crores in the year 2003 to Rs 67634 crores in the year 2005 The share of net bank credit to total credit of public sector banks stood at above 9 as on March 31 2005 To further step up credit to small and medium enterprises Government have announced a policy package on August 10 2005 which seeks to double the flow of credit to these enterprises over the next five years

Deferment of Disinvestment of equity of BHEL

dagger2163 SHRl SURENDRA LATH

SHRI KRIPAL PARMAR


(a) whether Government have abandoned the policy of disinvestment


84

[13 December 2C05] RAJYA SABHA

(b) if not whether Government have also deferred the disinvestment of 10 percent shares of BHEL

(c) if so what are the reasons therefor

(d) whether it is also a fact that the Prime Minister has again and again reiterated that there is need of a lot of investment for making the country the economic super power and that the speed of investment cannot be increased without resorting to disinvestment and

(e) if so in what manner the object of heavy investment shall be achieved in the absence of disinvestment

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) No Sir Government has decided in principle to list large profitable Central Public Sector Enterprises (CPSEs) on domestic stock exchange and to selectively sell small portions of equity in listed profitable CPSEs (other than the navratnas)

(b) and (c) Since BHEL is a navratna PSE government has decided to put in abeyance the process of disinvestment in BHEL

(d) and (e) Prime Minister has not made any statement to the effect that the speed of investment cannot be increased without resorting to disinvestment

Benefits of Foreign Exchange Remittance

2164 SHRI ABU ASIM AZMI Will the Minister of FINANCE be pleased to state

(a) how far the country has been benefited by foreign exchange remittance during the year 2005

(b) whether such benefits are expected during the year 2006 and

(c) how far this benefit shall have a favourable impact on the countrys economy and finance in all respects and by when

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (c) The Reserve Bank of India (RBI) in its Annual Report 2004-05 states that the surge in remittances particularly since the information technology revolution in the 1990s has

85


placed India as the highest remittances receiving country in the world Remittances have emerged as a major source of stable foreign exchange flows and the volume of remittances are currently estimated at around 3 per cent of the countrys GDP Indias balance of payments estimates for the year 2004-05 indicate that net private transfer inflows which reflect inflow of remittances were worth US Dollar 205 billion During the first quarter of 2005-06 (ie April-June 2005-06) net private transfer inflows were worth US Dollar 60 billion The recent trends in flow of remittances from Indians employed abroad suggest that such flows have acquired a permanent charcter and will continue to be one of the major sources of stable foreign exchange inflows for the country

Restructuring of ArrearsRefixation of dues

dagger2165 SHRI MOTILAL VORA Will the Minister of FINANCE be pleased to refer to the answer to Unstarred Question No 145 given in the Rajya Sabha on the 26th July 2005 and state

(a) whether guidelines issued to mitigate the problems of the farmers affected by natural calamities also contain waiver of interest while restructuring of arrearsrefixing of dues of farmers

(b) if not how the farmers would repay the huge amount of interest and

(c) the details of guidelines issued for providing finance to the farmers reeling under immense pressure of loans taken from non-institutionalised agencies like money lenders and onetime settlement scheme for small and marginal farmers alongwith the amount allocated under this item

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI S S PALANIMANICKAM) (a) and (b) No Sir However banks have been advised not to charge any penal interest or compound interest in case of reschedulement and treat such rescheduled loans as current dues Further whenever loans are rescheduled the farmers become eligible for fresh loans

(c)RBI has advised commercial banks to frame guidelines with approval of their Board of Directors on One Time Settlement (OTS) for


86


small and marginal farmers and for advancing loans to farmers indebted to non-institutional lenders

Under NABARDs guidelines to co-operative banks and Regional Rural Banks for OTS for small and marginal farmers loans outstanding of the identified farmers whose accounts have been categorised as NPAs as on 31st March 2001 are covered Interest on their balance outstanding after 31st March 2001 is to be waived Any credit o the account after 31st March 2001 is accounted towards payment of settlement amount

Guidelines have been issued to Banks to provide relief to the farm srs indebted to non-institutional sources provide for advancing loans against appropriate collateral or group security for debt redemption

No specific allocation has been made for either of the two purposes However an amount of Rs 75683 crore was settled during 2004-05 by banks towards OTS for small and marginal farmers and Rs 57 core was sanctioned by commercial banks during 2004-05 to 16758 farmers indebted to non-institutional lenders

Powers of Appellate Tribunals to Award Costs

2166 SHRI C PERUMAL Will the Minister of FINANCE be pleased to state

(a) whether Customs Excise and Service Tax Appellate Tribunals do not have power to award costs

(b) if so whether it is proposed to empower them with suitable powers



THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI S S PALANIMANICKAM) (a) Yes Sir There is no specific power in the statute for awarding of cost

(b) to (d) No such proposal is under consideration

87


Pending Cases of under Invoicing

2167 SHRI DARA SINGH CHAUHAN Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that large number of cases of under invoicing are pending with Government against the companies

(b) what are the details including the names of such companies

(c) the amount of duties and the loss of foreign exchange during the last three years and

(d) what action has been taken against these companies and the details of recoveries made

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI S S PALANIMANICKAM) (a) (b) and (d) Yes Sir The details of pending cases of under invoicing and the action taken in these cases as well as recovery made are furnished in the enclosed Statement (See below)

(c) The details of the amount of duty involved in cases of under invoicing during the last 3 years are as followsmdash

Year No of SCN Issued Amount of Duty

Involved

(Rs in Crores)

Loss of Foreign Exchange

if any

2002-03 88 4093 Nil

2003-04 249 11588 Nil

2004-05 280 13508 Nil

2005-06 54 1812 Nil

(Upto Oct 05)

88


Statement

Show cause notices pending adjudication as on 31-10-2005 on the Issue of under Invoicing

SINoName of the Company Amount of Details of

Duty Involved Recovery

(Rs in Crores) Made (Rs in Crores)

1 2 3 4

1 Ms Vijay Traders 017

2 Ms Sharma Associates 025

3 Ms LV Enterprises 005

4 Ms SampS 028

International

5 Ms Aditya Digital 005

Imaging

6 Ms Max 006

Photocopier

7 Ms Venkatesn 016

Enterprises

8 Ms Sun Electronics 015

Techologies Ltd

9 Ms Alfa Traders 3423

10 Ms R R Enterprises 010

11 Ms Supra Associates 031

amp Rohit Impex

12 Ms Spak Exports 009 0025

13 Ms Silicon Graphics 0303 0177

System (1) Ltd

14 Ms Rangrays 010

15 Ms Insight Print 003

89


1 2 3 4

16 Ms Elegant

International

003

17 Ms Shiva Niryat 001

18 Ms Indo Cotspin Ltd 003

19 Ms Siriam Impex 003

20 Ms Sant Dyeing amp Mfg Co 002

21 Ms Manchanda 007

International Corp

22 Ms Pan Products Impex Pvt Ltd 008

23 Ms Pasupati Enterprises 0008

24 Ms Gulraj Fab 0016

25 Ms Sunny Enterprises 008

26 Ms Ashoka International 008

27 Ms Radiant Silk Mills 005

28 Ms Nenava Metal 012

Corporation

29 Touch Wood Inds 024 011

30 Ms Pan Product Impex Pvt Ltd

Mumbai

042 010

31 Ms Tozal Exports Pvt Ltd Mumbai 005 Bank Guarantee

of Rs 5 Lakhs

Furnished

32 India Trading Company Chennai 001

33 Alfa Enterprises Chennai 020

34 Afrin Exports Chennai 035

35 Micro Office Systems New Delhi 018

90


1 2 3 4

36 Viral Copier Services

Ahmedabad

006

37 Balaji amp Co New Delhi 013

38 Hewlett Packard India Pvt Ltd

Chennai

004

39 Balaji Trade Links New Delhi 012

40 Kailpar Engg Co Ltd Varanasi 004

41 Viyomi Agencies Varanasi 002

42 Sree Salasar Balaji Impex Bhagalpur 0008

43 Sree Balaji Impex

Bhagalpur

011

44 Karnataka Soaps amp Detergents

Bangalore

005

45 Saboo Silk Exports Pvt Ltd Sahibabad

001

46 Nilgiri Timbers Pvt Ltd Kolkatta 011

47 Conybio Healthcare Pvt Ltd

Chennai

011

48 Emerald Associates Chennai 003

49 Copier Force India Ltd Chennai 004

50 Merina Copier Services Chennai 0008


81


1 2 3 4

52 Vishwa Impex Chennai 005

53 Sabari Exim Pvt Ltd Chennai 003



Chennai

1122

56 Jain Agencies Chennai 010

57 Pallavi Perfumes amp Cosmetics

Hyderabad

003 003

58 Ashanthi Impex Pvt Ltd Chennai 001

59 Net Byte Chennai 003

60 St Sophia Chennai 005

61 Akash Hi Tech Chennai 002

62 A J Trading Chennai 003 bull

63 Pranjal collection

64 Hitech Instruments Pvt Ltd 045

65 MNS Enterprises 005

66 Japonica International 022

67 MampDM Ltd 511

68 Supra Overseas 035

69 Maxda Exports 010

70 KrunalCorpn 005

71 Huganas India Ltd 015

72 Saan Nets Pvt Ltd 001

73 Ashish 7 Co 021

74 Manish Impex 050

92


1 2 3 4

75 Elegant International 097

76 Suyog Extrusion 102

77 Arihant Time Products 014

78 Sri Sainath Enterprises mdash

79 Ankit Enterprises 023

80 Agarwal Earth Moving Spares Co 0005

81 Jyshree Metal Corpn Jamnagar 045

82 Life Pipe Ltd Ahmedabad 008

83 Ace India 006

84 Ruchi Soya Ltd Indore 087

85 Akay Cone Pvt Ltd Sonepat 008

86 Vaz enterprise Silvassa 018

87 Vaz Enterprise Silvassa 009

88 Nitin Electronic Corpn 0100

89 Ms Pragya Impex 006

90 Ms ABC Diamond Tools 010

91 Ms Smriti International 005

92 Ms Tirupati Enterprise 002

93 Ms Maxim Industries 005

94 Ms Glory International 001


96 Ms Tushar Impex 038

97 Ms D K Impex 048

98 Ms Amba Impex 020

99 Ms MA Sherawali Impex 030

100 Ms Naypad Enterprises 012

93


1 2 3 4

101 Ms Mangalam Overseas 011

102 Soni Impex 018

103 VK Impex 001

104 Gaurav Impex amp Ms Mahavir Enterprise 009 003

105 Ms Vlpa Technologies 019 006

106 Ms Karturi Net Work Ltd 096 027

107 Ms Pioneer Enterprises 0146

108 Ms VCS Technology 062

109 Ms Bharti Cellular 2862

110 Ms ITI Ltd 0184 0184

111 Ms Sradha Industries 012

112 Ms COM Data 002

113 Ms Swan International Traders 006

114 Ms Welcome Exports 003

115 Ms Vintrom Industries Ltd 0536 025

116 Ms Vintron Electronics 1800

117 Ms Ritika Electronics 006

118 Ms Agarwal Distributors 0125

119 Ms Seagram Manufactures 5000 975

120 Ms Sidhartha Polymers Ltd 893

121 Ms Gaitri Exports 0707

122 Ms Trade Exim 0580

123 Ms Mono Acrylic 0325

124 Ms Picasso Overseas 0242 009

Ms Prafic Holding

125 Ms Laxmi Enterprise Ms Pepsi 0103 002

Trading

94


1 2 3 4

126 Ms Soham Impex P Ltd amp Others 0969 0159

127 Ms Shiv Shakti Enterprises 032 012

128 Ms Gaurav Enterprises 005 005

129 Ms Rishab Enterprises 0005 0005

130 Ms Gobal Traders 003 003

131 Ms Aryan Electronics amp Ms St

Enterprises

0414 005

132 Ms Intrade Impex 0402


134 Ms Regent Exim International Ltd 0100 060

135 Ms Elegent International Ms

Elegent Industries

0335 009

136 Ms Shruti Arts P Ltd 010 010

137 Ms Rilox Equipments P Ltd 003 003

138 Ms Nitco Tiles 0391 0391

139 Ms Vashupal Tejpal MS

Bakti Prem

289

140 Ms Karan Enterprises 032 032

141 Ms Karan Associates 007

142 Ms Kunal Corporation 006

143 MsSupreme Petrochem 0381 053

144 Ms Sachha Saudha 090 010

145 Ms Esjaypee Impex 030

146 Ms Seetal Madycare Products 025 006

147 Ms Shamrudhi International Ms Mayur-

Enterprises

039 011

148 Ms Indoplast 013

149 Ms Sailway India 006 003

95


1 2 3 4

150 Ms Infa India 024 016

151 Ms Weather Works 009 006

152 Ms RM Walia amp Co 002 001

153 Ms Anita International 002

154 Ms Videocon International SCN issued for

confiscation of goods valued at Rs 019 crores

155 Ms Usha Stud Farms 081 -

156 Ms Doaba Stud Farms 024

157 Ms Vikram Greenland 012 005

158 Ms VAZ Enterprises 009


160 Ms Japonaca International 023

161 Ms Vaisha Plastic P Ltd 014

162 Ms Span Asia Overseas 011 011

163 Ms Balaji Sales Corp 009 009

164 Ms Ganopati Enterprises 014 014

165 Ms Paswara Impex amp Others 0306

166 Ms Modern Chemicals 030

167 Ms Vaibhav Textile 003

168 Ms BPL Cellular Ltd 0283

169 Ms Safi amp Co 006 006

170 Ms Edge Bending Products Ltd (2

Cases)

069 005

171 Ms S Trading 0262 055

172 Ms Acer Impex 003 003

173 Ms National Fruit Agency 0248 003

174 Ms Sidharth 034

96


1 2 3 4

175 Ms Aden Fruits 038 002

176 Ms Empee Be International 098 003

177 Ms Mahavir 010 005

178 Ms Gaurav Impex 007 040

179 Ms Lotus Impex 002

180 Ms Elegent Imped 003

181 Md Hyderbad Iron amp Hardware Merchants 002 0259

182 Ms BBL Fruits Ltd 013 014

183 Ms Piono Foods Ltd 0007 0006

In the cases of under invoicing detected by the Customs field formations Show Cause Notices have been issued demanding differential Customs duty and proposing confiscation of seized goods and imposition of penalty under the Customs Act 1962 Wherever warranted the persons involved were arrested Details of recovery are available only for those cases where the whole or part of the differential Customs duty has been deposited pending adjudication In other cases recovery shall be made subsequent to completion of adjudicationappeal proceedings

Special package for Bihar

2168 SHRI SS AHLUWALIA Will the Minister of FINACE be pleased to state

(a) whether Government have announced any special package of financial grant to Bihar for funding development work in the State

(b) if so the volume of funds announced

(c) the details of the nature of works to be covered

(d) the details of the size of fund already allocated if any to the State and dates thereof and

97


(e) the details of measures stipulated if any for monitoring utilization of the fund under the special package

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI 3S PALANIMANICKAM) (a) Yes Sir

(b) The Planning Commission has been allocating Rs 1000 crores for RSVY every year since 2004-05 As compared to this in 2003-04 the allocation for RSVY was of the order of Rs 500 crores

(c) The nature of works identified in consultation with the State Government of Bihar covers irrigation power roads forestry and agriculture sectors

(d) The amount of funds allocated in the Annual Plan of Bihar during 2003-04 2004-05 and 2005-06 under the programme is given below

(Rs in crores) Year Amount allocated Amount released

2003-04 50000 44575

2004-05 100000 24801

200506 100000 16906

(e) Besides the State Government of Bihar implementation of the schemes are monitored by the Planning Commission Government of India regularly

Credit to poor farmers

2169 SHRI GIREESH KUMAR SANGHI Will the Minister of FINANCE be pleased to state

(a) whether Government have evolved any concrete policy to extend easy credit to poor farmers


(c) if not the reasons therefor

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) The following steps taken

98


inter-alia to provide easier loans to farmers and people living in rural areas have led to enhanced credit flow in rural areas Credit flow to agriculture alone has increased by 32 from Rs 86981 crore in 2003-04 to Rs 115242 crore in 2004-05mdash

(i) The banks have been asked to simplify the procedure for sanction of loan

(ii) One page documentation has been circulated among banks for adoption

(iii) Reserve Bank of India has instructed banks not to insist on collateral or margin for loans upto Rs 50000-

(iv) Banks have been asked to issue Kisan Credit Cards to all eligible farmers

(v) Financing of Self Help Groups is being emphasised

(vi) A project has been initiated for lending by banks to joint liability groups of tenant farmers and oral lessees

(vii) Indian Banks Association has advised public sector banks to charge an interest rate of not more than 9 per annum on crop loans upto Rs 50000

(c) Does not arise

Seasonal loans to farmers

dagger2170 SHRI BASHISTHA NARAIN SINGH Will the Minister of FINANCE be pleased to state

(a) the measures being taken by government for providing loans at low interest rate through NABARD and other banks with a view to free the farmers from the clutches of money lenders

(b) whether Government contemplate any plan for providing seasonal loans to the farmers to fulfil their requirements of seeds and fertilizers particularly in sowing season and



99


THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Interest rates charged by commercial and cooperative banks are deregulated Banks are free to determine the rate of interest on loans taking into account their cost of funds and the risk element involved However pursuant to the advice of Indian Banks Association to Public Sector Banks to charge a rate of interest of not more than 9 per annum on crop loans upto Rs 50000- NABARD has advised cooperative banks to charge a low rate of interest on crop loans Further NABARD provides refinance at concessional rates of interest to State Cooperative Banks and Regional Rural Banks

(b) and (c) Crop loans are advanced to farmers by Banks based on the scales of finance fixed acreage and crops cultivated While fixing the crop-wise scales of finance annuliy District Level Technical Committees (DLTCs) duly reckon among others the input costs in respect of seeds and fertilizers also

Debt trap of Maharashtra


(a) whether in view of the recent report of the Comptroller and Auditor General in June 2005 the State Government of Maharashtra had submitted any proposal for taking the State out of the debt trap

(b) if so the details of the proposal made by the State Government for the purpose and

(c) the Central Governments response thereto indicating the stage at which different proposals are standing


(b) and (c) Does not arise

World Bank loans to hilly States


(a) whether the World Bank has expressed its willingness to extend

100


loansassistance to hilly States in India for development of roads irrigation and slum area development schemes

(b) if so to what extent the World Bank has agreed to provide this amount to Uttaranchal and

(c) to what extent Government have agreed to the suggestions for providing such loans to Uttaranchal and by when it is likely to materialize

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) The World Banks assistance is available for all States of India including hilly States in the sectors identified by these States including roads irrigation and slum area development

(b) and (c) A project titled Uttaranchal Decentralized Watershed Development is presently being implemented with World Bank assistance of US$ 6962 million The following projects for Uttaranchal have been posed by the Government of India to the World Bank for consideration

(Rs in crore)

SNo Name of Project Estimated Cost

1 Uttaranchal Rural Water Supply and Sanitation II 500

2 Dam Rehabilitation amp Improvement Project (Multi State) 118

3 Pradhan Mantri Gram Sadak Yojana-Phase II (Multi State) 1151

Share of Uttaranchal

These proposals follow the cycle of appraisal and negotiation before their final approval by the World Bank Board

Reduction in bonus payable on endowment policies

2173 SHRIMATI BIMBA RA1KAR Will the Minister of FINANCE be pleased to state

(a) Whether the LIC has neutralized the benefits to its endowment policy holders through a golden jubilee bonus announced last year by

101


cuts on bonus on endowment policies from Rs 51- per Rs 1000- sum assured to Rs45 in 2005

(b) whether falling income has forced the LIC to effect a 10 per cent reduction in bonus payable on endowment policies and

(c) whether the LIC is also under time-bound pressure to shore up its solvency margin to IRDAs norms

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) No Sir The LIC has reported that the Special One Time Bonus declared on the occasion of LICs Golden Jubilee Year has no connection with the reduction in reversionary bonuses on its Endowment Assurance and other plans Reduction in bonus is due to fall in the interest rate in the market over the last few years

(c) As informed by LIC it has already achieved 100 solvency margin as required by the IRDA Regulations However it is now trying to achieve 150 solvency margin requirement as agreed with IRDA over the next few years

Higher rate of interest of import duty on shipbreaking

2174 SHRI LEKHRAJ BACHANI Will the Minister of FINANCE be pleased to state

(a) whether higher rates of import duty have been prescribed for ship breaking in the country compared to rates applicable to the imported metal scrap

(b) whether Government are aware that it has created adverse impact on small scale and rural industry in Gujarat and

(c) whether Government would consider favourably the representation of Gujarat in the interest of industrial development of the State

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Basic Customs duty on ships for breaking-up is 5 Non-alloy steel scrap and iron scrap imported for the purpose of melting attract nil customs duty

102


(b) No specific instance of adverse impact on small scale and rural industry in Gujarat due to charging of 5 import duty or ship breaking has come to the notice of the Government

(c) Import duty on ship breaking scrap has been kept at the same level as that on rollable materials as distinct from melting scrap since ship breaking scrap is not primarily used for melting For the present no change is proposed in the duty structure on ships for breaking-up

System for monitoring of foreign Exchange inflows


(a) whether it is a fact that the RBI has adequate machinery and systems to carefully monitor and tabulate all foreign Exchange inflows into the country

(b) if so whether RBI also carefully collects and tabulates the data of such foreign exchange inflow on a country-widebasis

(c) if not how will the RBI have information as to which set of NRIs are sending what quantums of foreign exchange

(d) to what extent is the RBI geared to do this basic work efficiently and

(e) steps proposed to assist such NRIs who actually send foreign exchange remittances through legal banking channels in the country

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMAN1CKAM) (a) The total foreign exchange inflows to India and outflows from India are compiled and disseminated by the Reserve Bank of India (RBI) as Indias Overall Balance of Payments These are compiled in accordance with the international best practices as prescribed in the Balance of Payments Manual 5th edition International Monetary Fund

(b) to (e) The overall balance of payment is compiled and disseminated in accordance with the international best practices where the country-wise details are not given The RBI provides instrument-wise details on non-resident deposits in its monthly bulletin While banking

103


channels account for bulk of the inward remittances to India two schemes viz Money Transfer Service Scheme (MTSS) and Rupee Drawing Arrangements (RDA) respectively providing benefits of easier and speedier operation have assumed significance in expanding the outreach of remittance services to remote locations in the country The Foreign Exchange Department of the RBI is engaged on an ongoing basis in reviewing and simplifying procedures and rules of foreign exchange remittances for improving facilities available to non-resident Indians

Issuance of oil bonds

2176 SHRI LALIT SURI Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether there is a proposal under Governments consideration to issue oil bonds to make up for the under recoveries of oil companies

(b) if so the total amount for which the bonds are proposed to be Issued the duration of the bonds and interest payable thereon and

(c) by when a final decision in the matter is likely to be taken and by when the bonds are likely to be marketed

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) Yes Sir

(b) and (c) The Ministry of Finance have made provision to issue bonds of the face value of Rs 5750 crore This has been included in the second batch of Supplementary Demands for Grants 2005-06 The modalities regarding the balance amount are being worked out

Evasion of taxes by MNCs

dagger2177 PROF ALKA BALRAM KSHATRYA Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that as per the survey conducted by Department of Income Tax some multinational companies have evaded the tax amounting to more than twenty crore rupees in connivance with Government officials


104



(c) the steps takenproposed to be taken for recovery of this amount

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) No instance of tax evasion amounting more than Rs 20 crore by multinational companies with the connivance of Government officials has come to the notice of the Income Tax Department

(b) and (c) Not applicable in view of reply to part (a) above

Service tax on inhouse catering

2178 SHRI RAJNATH SINGH Will the Minister of FINANCE be pleased to state

(a) whether companies who are providing inhouse catering and food to their staff within the company premisesoffices through a catering contractor are being charged both the service tax and VAT

(b) whether Government are aware that this tax component works out to be around 22 per cent in States like Haryana making it extremely difficult for companies to provide food to their staff and

(c) whether Government propose to exempt such inhouse catering facilities from these plethora of taxes

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (c) As per provisions of clause 29A of Article 366 of the Constitution of India the definition oftax on the sale of purchase of goods includes a tax on the supply by way of or as part of any service or in any other manner whatsoever of goods being food or any other article for human consumption or any drink (whether or not intoxicating) where such supply or service is for cash deferred payment or other valuable consideration Thus the supplies by catering contractor are liable to sales taxState VAT as long as these constitute sale in terms of definition mentioned above The Empowered Committee of State Finance Ministers (EC) has decided that the rate of tax under VAT on such supplies shall be 125 Accordingly most of the States are levying 125 VAT although some States have also introduced

105


composition schemes charging tax at lower rates but without giving Input Tax Credit (ITC) In Haryana also VAT is being charge 125 Regarding levy of Service Tax it is stated that providing of any service by an outdoor caterer ie a caterer providing service outside his own place is a taxable service leviable to Service Tax 10 of the gross amount charged In addition education cess 2 of Service Tax is payable However when the outdoor caterer also provides food along with service 50 of the gross amount charged is exempted from levy of service tax At present there is no proposal under consideration for exemption of the above taxes

Transition to single tax rate regime

2179 SHRI RP GOENKA Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that recently some fresh initiatives have been taken to move towards aligning the Goods and Services Tax (GST) with a single rate in view of the growing globalization of the economy and

(b) if so the details thereof and the road map drawn for transition to the single rate regime

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) Presently an integrated Goods and Services Tax (GST) does not exist in India As per the provisions of the Constitution the Central Government is empowered to levy tax on manufacture of goods (CENVAT) whereas the State Governments have the powers to levy tax on purchase or sale of goods within a State (State Sales TaxAAT) Tax on inter-State sale of goods is levied by the Central Government in the form of Central Sales Tax (CST) but the same is collected and appropriated by the States concerned Tax on Services is levied and collected by the Central Government but the same is shared with the States except for few specified services for which the States have powers to levy tax Over last few years both the Central as well as State Governments have been making efforts to reduce the number of tax rates in respect of taxes under their respective domain as part of the tax reform process However integration of all the Central and States taxes into a single GST would require a Constitutional

106


amendment Moreover a number of other issues would require to be settled in consultation with the States before any effective move can be made towards an integrated GST with single rate regime Thus there is no prospect of implementation of a single rate GST regime in the immediate future

Assessment of performance of State revenues


(a) whether any fresh evaluation has been made to assess the performance of State revenues during the first six months of the recently implemented State VAT regime


(c) whether it is a fact that some of the States have still not joined the VAT regime and

(d) if so the details thereof and efforts being made to persuade the remaining States also to join the VAT system so that the unscrupulous elements do not exploit the difference in tax regime between States

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) During first six months of implementation of State VAT regime the tax revenues of the VAT implementing States having shown an overall increase of around 143 as compared to the corresponding period of last year which is higher than the compound annual growth rate of tax revenues of these States for the last 5-year period This is based on the provisional figures of tax revenues made available by the States

(c) and (d) 9 StatesUnion Territories are yet to implement VAT These are Uttar Pradesh Tamilnadu Rajasthan Gujarat Madhya Pradesh Chhattisgarh Jharkhand Pondicherry and Chandigarh Since State Sales TaxAAT is a State subject under Entry 54 of the State List of the Constitution of India it is for the States to take a decision in this regard The Empowered Committee of State Finance Ministers (EC) is also seized of the matter The Central Government is playing the role of facilitator in this important tax reform process

107


Levy of service tax on sale of advertising newspapers

2181 SHRI THENNALAG BALAKRISHNA PILLAI Will the Minister of FfNANCE be pleased to state

(a) whether at time when the domestic newspaper industry is exposed to global competition the levy of service tax on the sale of advertising newspapers tantamount to curing the growth of newspaper industry in the country

(b) whether while bringing advertising agencies business under service tax net in 1996 Government held that the tax would not be applicable to amounts paid for advertising space in newspapers and

(c) whether newspapers are considered an essential social and community service rendered on subsidised rates and neutralised by revenue generation from advertising

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Service tax is not leviable on advertising space in print media

(b) Government issued a clarification dated 31101996 wherein it was stated that the amount paid excluding their own commission by the advertising agency for space and time in getting the advertisement published in the print media (ie newspapers periodicals etc) or the electronic media (Doordarshan private TV channels AIR etc) will not be includible in the value of taxable service for the purpose of the levy of service tax The commission received by the advertising agency would however be includible in the value of taxable service

(c) Government takes into account all material factors while considering levy of service tax on advertising agency

Guidelines for credit card operations

2182 SHRI THENNALAG BALAKRISHNA PILLAI Will the Minister of FINANCE be pleased to state

(a) whether the RBI has issued guidelines for credit card operations by banks and financial companies

108


(b) whether under the new guidelines the credit card issuing banks companies will be held accountable for acts of omission and commission of direct selling agentsmarketing agents and

(c) whether there is any provision in the guidelines to bar unsolicited telephone calls by marketing agentscall centres to prospective customers

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Yes Sir Reserve Bank of India (RBI) has issued the guidelines on credit card operations of banksNBFCs on November 212005 which are available on its website wwwrbiorgin

(b) RBI has already taken care of the cardholders interest in the guidelines The card issuing bankNBFC would be responsible as the principal for all acts of omission or commission of their agents (DSAs DMAs and recovery agents)

(c) BanksNBFCs issuing cards are required to maintain a Do Not Call Registry (DNCR) containing the phone numbers (both cell phones and land phones) of customers as well as non-customers who have informed the bankNBFC that they do not wish to receive unsolicited callsSMS for marketing of the credit card products The bankNBFC would be held responsible if a Do Not Call Number (DNCN) is called by its DSAsDMAs or Call Centres

Waiver of interest rate on agriculture loans

2183 SHRI VARINDER SINGH BAJWA Will the Minister of FINANCE be pleased to state

(a) whether Government are considering any proposal for waiving off the interest on agriculture loan taken by farmers from the nationalised banks and Scheduled Commercial Banks and


THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) NO Sir

(b) Does not arise

109


Waiver of interest rates of States


(a) the names of States whose requests for reductionwaiving of interest rates are pending with the Central Government at present and

(b) the status of requests in each case

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) Out of the sixteen States that have enacted their Fiscal Responsibility and Budget Management Act (FRBMA) claims of three States for debt consolidation resulting inter alia in reduced interest rate of 75 have been recommended by the Central Monitoring Committee set up for this+ purpose For the reamining thirteen State Governments namely Andhra Pradesh Assam Gujarat Haryana Himachal Pradesh Madhya Pradesh Maharashtra Manipur Orissa Rajasthan Tamil Nadu Tripura and Uttar Pradesh the status of FRBMA in regard to conditions laid down by TFC to become eligible for debt consolidation facility is being examined for placement before the Committee for their recommendation

Collection of loans with compound interest from small entrepreneurs


(a) whether Government have asked banks to collect loans with compound interest from small entrepreneurs

(b) whether it is a fact that Government have urged banks to collect their loans without any concessions in matter of interest

(c) to what extent does Government apply these standards to itself

(d) whether Government would honour debts to small entrepreneurs when it holds their funds and

(e) if not steps proposed to implement proper policies by Government

110


THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) No Sir

(c) and (d) Do not arise

(e) As per the policy package on stepping up credit to SME sector announced by the Finance Minister in Parliament on 10th August 2005 a one-time settlement scheme for recovery of NPAs below Rs 10 crores as on March 31 2004 has been advised to all public sector banks for implementation which will provide a simplified non-discretionary and nondiscriminatory mechanism for one time settlement of chronic NPAs in the SME sector

Withdrawal of powers of CAG

2186 SHRI BK HARIPRASAD SHRI RKANAND


(a) whether Government propose to do away with the role of CAG on Government companies and PSUs through a bill to be introduced soon on the basis of the recommendations of JJ Irani Committee

(b) whether Government feels that such tasks of audit of Government companies and PSUs would be better handled by CAfirms and

(c) whether it is a fact that professional Chartered Accountant cannot discharge the social responsibilities hitherto assigned to watchdog institutions like CAG

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (c) The Government is considering a comprehensive revision of the Companies Act 1956 on the basis of a broad-based process of consultation starting with placing of a concept paper on Company Law on the website of the Ministry in August 2004 for public comment and including constitution of an Expert Committee headed by Dr JJ Irani in December 2004 to advise on various company law issues Taking into account various inputs including the report of the Expert Committee the Government would take a suitable view on the

111


legislative proposals for revision of the Companies Act 1956 which would inter alia address the issues relating to audit of Government companies and PSUs in an efficient manner

Misuse of Export Promotion Schemes

2187 SHRI NANDI YELLAIAH Will the Minister of FINANCE be pleased to state

(a) whether certain import and export companies which exist only on documents have cheated Government to the tune of several crores of rupees by misusing Export Promotion Scheme

(b) if so the details thereof and action taken so far against such Export and Import companies

(c) whether it is a fact that some officials of Customs Department are also involved in this racket

(d) if so the details thereof including the number of Customs officers facing charges and the details of action taken against them State-wise and

(e) the remedial measures implemented so far to prevent such fradulent practices in future

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (e) 377 cases of evasion of duty through misuse of export promotion schemes by import and export companies which exist only on documents have been detected by the various agencies during 2002-03 2003-04 2004-05 and 2005-06 (upto October 2005) in various States Out of these in 170 cases show cause notices (SCNs) have been issued and the same are at the various stages of adjudication appeals etc In 207 cases show cause notices have not been issued as the investigations are yet to be completed 76 persons have been arrested and 12 persons have been detained under COFEPOSA

Changes in the policy and amendments in the relevant Acts are made from time to time to prevent misuse of export promotion schemes In fact there are inbuilt safeguards in the schemss to prevent their misuse Some of these are as followsmdash

112


(i) Licences issued under Advance Licensing Scheme are subject to actual user condition and are non-transferable

(ii) Capital goods imported under Export Promotion Capital Goods Scheme are subject to actual user condition till the fulfillment of export obligation

(iii) In the case of specified export items of sensitive nature under Duty Fee Replenishment Certificate Scheme the exporter is required to give declaration with regard to technical characteristics quality and specification of the product in the Shipping Bill This has been done to ensure that the inputs to be imported under the scheme have nexus with the goods exported

(iv) Value caps have been fixed for various export items under the Duty Entitlement Passbook Scheme to help prevent misuse by over-invoicing In respect of products where the credit entitlement is 10 or more the amount of credit is restricted to 50 of the Present Market Value (PMV)

(v) Although All Industry Rates of Drawback for most of the products have been expressed in ad valorem terms drawback caps have been imposed in almost all cases to preclude the possibility of misuse through over-invoicing

State-wise details of action taken against the officers for their acts of omission and commossion resulting in misuse of export promotion schemes by such companies are as detailed belowmdash State Year Scheme Action Taken

1 2 3 4

Maharashtra Delhi 2003-04

2003-04

DEPB

DRAWBACK

3 officers were issued with SCNs and

disciplinary action is proposed

9 officers were involved and SCNs issued to

all of them Two officers were arrested and

prosecution was launched

113


1 2 3 4

against one officer Two officers were placed under

suspension

2004-05 DEPB 7 officers were involved and SCNs were

issued to all of them

Others 2002-03 EOU 4 officers were involved Disciplinary

proceedings were recommended

2003-04 DEEC One officer was suspended and charge sheet

issued

2004-05 EOU CBI registered cases against two officers

2005-06 EOU Two officers were suspended

Apart from the safeguards provided in the Schemes other monitoring and checking procedures adopted to prevent their misuse aremdash

(i) The Directorate General of Foreign Trade (DGFT) is informed and requested to cancel Importer-Exporter Code number (IEC) of the fraudulent companies

(ii) Steps are taken to freeze the bank accounts of the fraudulent companies in cases of misuse of drawback scheme and the bank in whch drawback was credited is requested to remit the amount to government account

(iii) Efforts are taken to identify and locate the persons associated with the fraudulent companies and those involved are arrested and detained

(iv) Steps are taken to recover the customs duty sought to be evaded by issue of show cause notice and launching of adjudication proceedings

(v) Alerts are issued by DRI to field formations about fraudulent companies and modus operandi adopted

114


(vi) Enhancing the effectiveness of intelligence-based checks by DRI

(vii) Special targeting of risk-prone commodities and exporters for critical examination of the goodsdeclarations

(viii) Critical verification of market value of export goods

(ix) Parameter-based selection of export consignments for examination and scrutiny Higher examination norms for goods exported to sensitive destinations

(x) Meetings are held at regular intervals for exchange of information among the various intelligence agencies

(xi) DGFT is monitoring any misuse of scheme by way of inspections regular monitoring of Denied Entry List (DEL) and by various checks and balances at various levels

Resurfacing of vanished companies

2188 SHRI NANDI YELLAIAH Will the Minister of COMPANY AFFAIRS be pleased to state

(a) whether the Government have removed the names of 107 companies from the original list of 229 companies identified as vanished which later on resurfaced

(b) if so the details thereof including total amount involved through shares and whether they je-surfaced as new companies by changing their original names and

(c) the details of remedial measures already taken and proposed to be taken to curb such menace to economy by such companies which create a breach of trust of domestic investors who invested huge amounts on shares of such companies

THE MINISTER OF STATE OF THE MINISTRY OF COMPANY AFFAIRS (SHRI PREM CHAND GUPTA) (a) and (b) Yes Sir As per the criteria adopted 229 companies were originally identified as vanishing companies out of which 115 companies having issue size of approximately Rs 480 crore have been deleted from the list of vanishing companies as these companies were found to be outside the criteria

115


adopted for teeming a company as vanishing However these companies have been kept on the watch list to keep a close watch on their conduct with reference to compliance with the provisions of the Companies Act 1956

(c) A Central Coordination and Monitoring Committee co-chaired by Secretary Ministry of Company Affairs and Chairman SEBI has been set up to look into issues relating to vanishing companies and their promoters and to monitor the progress of action taken against them Government has taken action against the vanishing companies and their PromotersDirectors by filing prosecutions through the Registrars of Companies under Sections 62 63 68 and 628 of the Companies Act 1956 in respect of 107 out of a total of 114 companies which remain identified as vanishing companies as on date

In addition FIRs have also been filed in respect of 100 companies andlheir PromotersDirectors for the offences punishable under Sections 420406403415418 amp 424 of the Indian Penal Code

Besides addressing these concerns through legislation the Ministry is implementing an e-Governance project under which the identity of authorised directors and professionals is ensured in a secured manner

Securities and Exchange Board of India (SEBI) has also amended the SEBI (Disclosure and Investor Protection) Guidelines to enforce higher disclosure requirements pertaining to promoters of companies besides taking punitive action in a number of cases

Discrepancies in provision of loans to DDA applicants by Banks

2189 SHRI PROMOD MAHAJAN Will the Minister of FINANCE be pleased to state

(a) whether in the last draw of DDA flats Government have permitted the Banks to finance the minimum deposit on behalf of applicants with a nominal amount of interest

(b) whether such a manipulation exaggerated the demand specially when the flats were too less

(c) if so the reasons therefore and

116


(d) the steps taken by his Ministry to disband such a practice for future

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (d) The information is being collected and will be placed on the Table of the House

Inter-linking of branches of Insurance Companies

2190 SHRI JANARDHANA POOJARY Will the Minister of FINANCE be pleased to state

(a) whether an insured person is at liberty to pay his insurance premium at any branch of the concerned insurance company anywhere in India on account of inter-linking of the branches through internet


(c) whether it is a fact that certain insurance companies insist on the customers paying their insurance premium only at the branch where the insurance was taken on the pretext of network problems and

(d) if so what measures are taken to ensure that insurance companies do not deprive the customers of such facilities and cause inconvenience to them

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) Yes Sir The Life Insurance Companies have introduced the facilities to enable policy holders to pay renewal premium at any branch within the country The branch offices of Life Insurance Companies are inter-connected to the central policy administration system to facilitate such payment

In case of non-life insurance companies insurance cover can be purchased from any branch within the country However the public sector insurers do not have the facility of payment of premium at any branch

(c) Policy holders are not insisted to pay insurance premium at the parent branch where it is a part of the network However where the branch is not a part of the network premium has to be paid at or sent to the parent branch only

117


(d) LIC has already initiated necessary steps to connect the remaining branches through the network

Low growth in sales of consumer goods

2191 SHRI DEVDAS APTE Will the Minister of FINANCE be pleased to state

(a) whether Government are aware that growth in sales of consumer goods this year was less than 2 per cent whereas sensex scaled highest ever and

(b) what are Governments comments on this upward trend in Indian economy vis-a-vis consumer downtrend

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) As per the index of industrial production during the first half of 2005-06 consumer goods mdash both durables and non-durablesmdashhave maintained the impressive double-digit growth rates of the last two years Surveys of major companies in the consumer goods sector also indicate a good performance this year The stock markets have also shown an upward trend in the recent past The movement of index of share prices is a function of changes in investment arising out of the perception about the economy andor a sector or the stocks constituting the index Besides the movement of stock indices also depends on various domestic and international events market sentiments corporate performance and the fundamentals of the economy The Securities and Exchange Board of India (SEBI) is keeping a constant vigil on the markets As a part of its surveillance activities SEBI has taken several measures which inter-alia include shifting of several scrips to trade-to-trade segment imposition of circuit filtersprice bands on several scrips and advising the stock exchanges to take action wherever warranted to protect investors interest

Loans on Higher Interest Rates to SSI

dagger2192 SHRI DEVDAS APTE Will the Minister of FINANCE be pleased to state

(a) whether big companies are being providing loans on lesser


118


interest rates while farmers and the Small Scale Industries are given loans on higher interest rates in the country

(b) whether the Governor of the Reserve Bank of India has cautioned the Government in this regard if so the steps Government are going to take in this regard and

(c) whether Government are aware that while speaking on global banking in the Joint Convention of the FICCI and Indian Bankers Association on 6th October in Mumbai the Governor of RBI expressed his concern over it

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) As per the interest rate policy of Reserve Bank of India (RBI) interest rates on loans given by commercial banks have been deregulated However the interest rate on loans upto Rs 2 lakh should not exceed the Benchmark Prime Lending Rate (BPLR) of the banks concerned Commercial banks are therefore free to decide their lending rates on loans above Rs 2 lakh subject to the announcement of BPLR Banks are also free to lend at sub-BPLR rates to creditworthy borrowers based on an objective and transparent policy subject to the approval of their Boards Banks decide their BPLR by taking into account inter-alia their cost of funds transaction cost and risk cost

(b) and (c) On 7th October 2005 the Governor of the RBI had shown his concern about the public perception that there was under pricing of credit risk for private sector corporates while there could be overpricing of risks in lending to agriculture as well as small and medium enterprises

Disinvestment of Shipping Corporation of India

2193 SHRI AMAR SINGH SHRI SHAHID SIDDIQUI


(a) whether Government have recently decided to hive off 15 per cent stake in the profit-making Shipping Corporation of India


(c) whether similar disinvestment has also been made in respect of some other profit-earning public sector undertakings and

119

RAJYA SABHA (13 December 2005]


THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) No decision has been taken with respect to disinvestment in Shipping Corporation of India Limited

(b) Does not arise

(c) and (d) No disinvestment has been made in any other profit-earning central public sector undertaking during financial year 2005-06 till date

Rural credit by Banks

2194 SHRI RK ANAND Will the Minister of FINANCE be pleased to state

(a) whether the present banking infrastructure provides only Rs 2000 crore credit to rural areas while the actual requirement is Rs 45000 crore

(b) if so the reasons therefore and

(c) what banking reforms are needed to meet the credit requirement of rural areas

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (c) Total number of rural and semi urban branches of scheduled commercial banks in India have increased from only 4780 in 1969 to 47491 in June 2005 The gross outstanding advances of rural and semi-urban branches has increased from Rs 461 crore in June 1969 to Rs 243875 crore in June 2005 The amount of credit disbursed by the banking system in the country to agriculture during the last three years is furnished belowmdash

Year Credit Flow

(Rs Crore)

2002-03 69560

2003-04 86981

2004-05 115242

120


The Government announced in June 2004 its intention to double the flow of credit to agriculture in three years The actual credit flow in 2004-05 to agriculture increased by 32 over the credit flow in 2003-04 as against a target of 30 In the current financial year the flow of credit to agriculture till September 2005 has been Rs 83502 crore

Permission to open Foreign Branches by PNB


(a) whether it is a fact that Punjab National Bank has sought the permission of Government to open more branches in foreign countries


(c) the names of the countries where these branches are proposed to be set-up

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) to (c) Reserve Bank of India has recommended the applications received from Punjab National Bank for opening a Branch in Hong Kong an Offshore Banking Unit in Singapore a fully owned subsidary in Vancouver Canada and a subsidary in London (UK)

Families benefited under Health Insurance Scheme

t2196 SHRIMATI SUSHMA SWARAJ Will the Minister of -FINANCE be pleased to state

(a) total number of families benefited so far under Health Insurance Scheme

(b) whether the present scheme is proving to be more popular as compared to the Universal Health insurance Scheme announced by previous Government and

(c) if so in what manner

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) The total number of families benefited under the Universal Health Insurance Scheme so far is as undermdash


121


Years No of families

2003-04 (open for all) 416668

Out of which BPL families 9252

2004-05 (Scheme for BPL families only) 65718

2005-06 (Scheme for BPL families only) (upto

31102005)

50872

(b) and (c) Universal Health Insurance Scheme (UHIS) was launched in July 2003 For families below poverty line (BPL) a subsidy of Rs 100 per family was provided The scheme was redesigned and launched in September 2004 restricting the coverage to BPL families only with a subsidy of Rs 200 Rs 300 and Rs 400 for an individual for a family of 5 and for a family of 7 members respectively It was felt that the original UHIS was skewed in favour of the non-poor As a result only a very small number of BPL families (9252) were covered Keeping this in view it was decided to make the scheme exclusively for people below poverty line and also to enhance the subsidy This resulted in substantial increase in the coverage of BPL families from 9252 in 2003-04 to 65718 in 2004-05 and 50872 in 2005-06 (upto October 2005)

Tax assessment of private schools and colleges

2197 SHRI C RAMACHANDRAIAH Will the Minister of FINANCE be pleased to state

(a) whether tax assessment of private schools and colleges is completed in a summary manner

(b) if so the details of private schools and colleges taken up for scrutiny assessments during the current year and the previous year and the outcome thereof and

(c) the steps taken to ensure that the provisions of tax exemption are applied only to genuine and eligible institutions

122


THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Not all cases Sir Cases or private schools and colleges selected as per the scrutiny guidelines are completed under scrutiny assessment

(b) The details are being collected and after compilation will be laid on the Table of the House

(c) There are prescribed conditions with regard to the objectives activities submission of return of income and accounts application of income mode of investments etc which need to be fulfilled for grant of tax exemption in the case of educational institutions as per the provisions of sub-clause (vi) of Clause (23C) of Section 10 of the Income-tax Act 1961 Satisfaction of the prescribed conditions are checked up before granting exemption

Grants-in-aid to Maharashtra

2198 SHRI VASANT CHAVAN Will the Minister of FINANCE be pleased to state

(a) what was the amount of the share as tax devolution and grants-in-aid to Maharashtra as recommended by the Tenth and Eleventh Finance Commission and what was the actual disbursement made for the period 1995-2000 and 2000-05

(b) whether it is a fact that the actual amount so disbursed is less than the recommendations of the respective Finance Commission and

(c) if so the details of proposal received from Maharashtra for specific needs for the consideration by Twelfth Finance Commission

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) The share as tax devolution and grants-in-aid as recommended by Tenth Finance Commission (1995-2000) and Eleventh Finance Commission (2000-2005) and actual disbursements to Maharashtra were as follows

123


(Rs in crore)

Share as tax devolution Grants-in-aid

Recommen- Disbursed ded Recommen- Disbursed ded

Tenth Finance Commission 1285984 1195905 (1995-2000)

Eleventh Finance 1743105 1457965 Commission

(2000-05) 84924 66109

244879 168709

(b) Yes sir

(c) The details of the proposal received from Maharashtra for specific needs for the consideration by Twelfth Finance Commission are given in the enclosed statement

Statement

Proposals submitted by Government of Maharashtra to Twelfth Finance Commission for specific needs

SINo Purpose (Rs

Amount in crore)

1 2 3 4

1 District Administration ResidenceOffice Buildings Computerization 63200

2 Police Administration Personnel weapons vehicles control rooms communication equipments Police stations etc for combating naxalite activities

28700

3 Prison Administration Upgradation and modernization of medical facilities sanitation water supply kitchen security and industrial units of the inmates

6800

4 Fire Services Construction of training centers with amenities and equipments

5000

5 Judicial Administration Buildings and computerization of fast track courts 23200

6 Fiscal Administration Computerisation of treasuries and Sales Tax Administration and Directorate of Economic amp Statistics

16100

7 Health services Food amp Drugs Administration Medical education

Maintenance and Repair of rural and urban health services buildings vehicles medicines etc

60900

124


1 2 3 4

8 Elementary Higher and Construction of class rooms other infrastructure Technical Education and computerization

6400

9 Information Technology For creation of IT infrastructure in the State 26700

10

Public Libraries in rural and urban areas

Buildings books and other infrastructure 4600

11

Heritage protection Repair and reconstruction of heritage buildings and precincts

20000

12

Augmentation of traditional water sources

Identification protection and maintenance of water sources in the rural and urban areas

30000

13

Forestry and Eco-tourism

Eco-tourism and joint forest management 97 00

14

Coastal tourism Construction and maintenance of jetties and ports etc 100000

15

Maritime Activities and minor ports

Development of inland water transport national costal protection projects

42200

16

Animal Husbandry and For strengthening of Veterinaryhealth Dairy Development infrastructure and upgradation of animal health and Fisheries

8000

17

Social Justice and weaker section empowerment

Establishment of hostels for pre and post matric students and empowerment programmes

56500

18 Women and Child Welfare

Personality development solar energy training computerization etc

9300

19

Urban Development Sold waste management Accrual based accounting Urban infrastructure water supply sewerage and sullage scheme etc

185000

20 Rural Development For creation of infrastructure in PRIs and repairs and maintenance of their assets

72500

21

Public Works Residential and office buildings upgradation of highways etc

39000

22 Tribal Development Education Agriculture Health Nutrition Empowerment Electrification etc in the tribal areas of the State

86500

TOTAL 900300

Special Needs for Mumbal 1 15 of the project cost for MRTS Project 180000 2 40 of Mumbai Trans Harbour Link 2640 00 3 40 of cost of the Sea Link between Bandra and Nariman Point 142400

125


FDI inflows

2199 SHRI RAVULA CHANDRA SEKAR REDDY Will the Minister of FINANCE be pleased to state

(a) FDI received by Government during the last one year from each country

(b) the amount spent so far for various projects and purposes especially in Andhra Pradesh

(c) whether Government have identified the new proposals in Andhra Pradesh


(e) the modalities worked out for this purpose

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Foreign Direct Investment (FDI) inflow from each of the Top investing countries during the year 2004-05 is given in the Table as undermdash

(Amount Rupees in crore)

SINo Country FDI Inflows 2004-05

(April-March)

1 Mauritius 5141

2 USA 3055

3 Netherlands 1217

4 Japan 575

5 UK 458

6 Germany 663

7 France 537

8 Singapore 822

9 South Korea 157

10 Switzerland 353

TOTAL FDI INFLOWS 17138

126


(b) Andhra Pradesh received FDI inflows of Rs 2366474 crores during the period January 2000mdashAugust 2005

(c) to (e) Government have put in place an attractive and liberal framework supported by simplified approval procedures Investors decisions are based on their commercial judgement

Income tax deduction on donation to Archery Association

2200 DR ALLADI P RAJKUMAR Will the Minister of FINANCE be pleased to state

(a) whether Government have issued notification for giving 100 percent Income Tax deduction on donation to the Archery Association of India


(c) whether this will help the development of Archery in India and

(d) whether other sports are also being considered for this benefit

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) Yes Sir Under the provisions of Section 80G(2)(c) of the Income-tax Act donations by companies to the Archery Association of India have been ordered as tax deductible

(b) Archery Association of India New Delhi has been specified as an association for the Assessment Year 2006-2007 to 2008-2009 for the purposes of clause (c) of sub-section (2) of Section 80G of the Income Tax Act 1961 vide Notification SO 1467(E) dated 6th October 2005 published on 6th October 2005 in Part II Section 3(ii) of the gazette of India Extraordinary

(c) Yes Sir

(d) Section 80G(2)(c) of the Income-tax Act 1961 read with Rule 18AAAAAof the Income-tax rules 1962 provides guidelines for specifying any association or institution enganged in (i) the development of infrastructure for sports and games or (ii) the sponsorship of sports and games in india for the purposes of notification under section 80G(2)(c) notifying it for hundred per cent deduction on the amount of donation

127


made to it from the total income of the donor Company Presently no application from any association or institution is pending for consideration for issue of notification in this regard

Easing of NPA provisioning rules for urban co-operative banks

2201 SHRI RAJKUMAR DHOOT Will the Minister of FINANCE be pleased to state

(a) whether it is a fact that RBI has eased NPA provisioning rules for Urban Co-operative Banks

(b) if so the details thereof and the reasons therefor and

(c) its impact on other Banks

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) (a) and (b) Yes Sir RBI has permitted certain categories of Urban Cooperative Banks (UCBs) viz unit banks ie banks having a single branchHead Office with deposits upto Rs 100 crore and banks having multiple branches within a single district with deposits upto Rs 100 crore to classify Loan Accounts as NPAs based on 180 days delinquency norm instead of the extant 90 days norm The relaxation has been given for the explicit purpose of enabling the UCBs concerned to transit to the 90 daysNPA norm in the year 2007-08 by building up adequate provisions and strengthening their appraisal disbursement and post disbursement procedures The relaxation will be in force upto 31032008

(c) Banks that do not fall in the above category shall classify their loan accounts as NPA as per 90 daysnorm as hitherto

PSUs in Punjab

2202 SHRI DHARAM PAL SABHARWAL Will the Minister of HEAVY INDUSTRIES AND PUBLIC ENTERPRISES be pleased to state

(a) the details of Public Sector undertakings functioning at present in Punjab

128


(b) the total investment made in each of them and

(c) the details of the profit and loss involved by each undertaking during each of the last two years PSU-wise

THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) to (c) There are 2 Central Public Sector Enterprises (CPSEs) namely Semi Conductor Complex Ltd and Guru Gobind Singh Refineries Ltd whose registered offices are located in the State of punjab The Guru Gobind Singh Refineries Ltd is still under construction The investment as on 3132004 till which period the information is available was Rs 18041 crore and 29369 crore respectively in these enterprises The profitloss (-) of Semi Conductor Complex Ltd during last two years ie 2002-03 and 2003-04 was (-) Rs 1809 crore and (-) Rs 2369 crore respectively

Fund for Heavy Industry Sector

dagger2203 SHRI RAVI SHANKAR PRASAD DR MURLI MANOHAR JOSHI

Will the Minister of HEAVY INDUSTRIES AND PUBLIC ENTERPRISES be pleased to state

(a) wheter it is a fact that Rs 406 crore had been allocated during the current year by Government for heavy industry sector

(b) if not the details in this regard

(c) whether it is also a fact that concerned department have taken the decision to spend this amount and

(d) if so the amount to be spent separately in non-plan sector and plan sector out of this allocated amount

THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) to (d) Yes Sir The Department of Heavy Industry has been allocated Rs 406 crore as Plan budgetary support for the current year


129


(2005-06) Allocations made are expected to be utilized in the current year (2005-06) for Plan programmes

Review of Navratna and Mini-ratna Schemes

2204 SHRI S ANBALAGAN Will the Minister of HEAVY INDUSTRIES AND PUBLIC ENTERPRISES be pleased to state

(a) whether there is any proposal to review Navratna and Mini-ratna schemes of public enterprises


(c) the performance of Navratna and Mini-ratna companies during the last two years including profitloss made by them company-wise and year-wise

(d) whether any new PSU achieved this status during this period and


THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIESAND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) and (b) The powers delegated under the Navratna and Miniratna schemes were reviewed and enhanced in August 2005

(c) The performance of Navratna and Miniratna companies during the last two years (2002-03 and 2003-04) for which figures are available in the Public Enterprises Survey 2003-04 is given in the enclosed Statement (See below)

(d) and (e) Five PSEs namely Numaligarh Refinery Ltd Balmer Lawrie amp Co Ltd India Trade Promotion Organisation Housing amp Urban Development Corporation Ltd and Neyveli Lignite Corporation Ltd have been granted Miniratna status by their administrative Ministries Departments during the period from 142003 till date

130


Statement

Turnover and Net profitLoss of Navratna CPSES as on 3132004

(Rs in lakhs) SI No Name of The Company Turnover Net ProfitLoss

2003-04 2002-03 2q03-04 2002-03

1 2 3 4 5 6

1 Bharat Heavy Electricals Ltd 801903 675373 65815 44451

2 Bharat Petroleum Corpn Ltd 4825431 4341323 169457 125003

3 Gail (India) Ltd 1194253 1133156 186934 163911

4 Hindustan Petroleum CorpnLtd 5033910 4845922 190394 153736

5 Indian oil Corporation Ltd 11639277 10820324 700482 611489

6 Mahanagar Telephone Nigam Ltd 636960 580653 115048 87716

7 National Thermal Power

Corporation Ltd

1887123 1904755 526077 360757

8 Oil amp Natural Gas Corporation 3207838 3424700 866444 1052932

Ltd

9 Steel Authority of India Ltd 2129682 1705041 251208 -30431

GRAND TOTAL 31356377 29431247 3071859 2569564

Turnover and Net profitLoss of Miniratna CPSES as on 3132004

1 Balmer Lawrie amp Co Ltd 91765 79246 1858 1649

2 Bharat Dynamics Ltd 52480 27731 5056 6453

3 Bharat Elecronics Ltd 273958 246536 31610 26061

4 Bongaigaon Refinery amp

Petrochemicals Ltd

258040 172081 30374 17845

5 Central Warehousing Corpn 28438 28909 2243 4329

131


1 2 3 4 5 6

6 Chennai Petroleum Corporation Ltd 873903 805517 40005 30289

7 Container Corporation of India Ltd

176443 148344 36759 27285

8 Dredging Corpn of India Ltd 52063 49280 16940 17232

9 Educational Consultants (India) Ltd 4221 6294 196 205

10 -Engineers India Ltd 128163 60029 8018 6417

11 Ferro Scrap Nigam Ltd 8201 7349 536 509

12 Fertilizers amp Chemicals

(Travancore) Ltd

93002 110901 -16722 -19993

13 Hindustan Aeronautics Ltd 379978 312042 40979 38996

14 Hindustan Newsprint Ltd 25268 21457 503 -489

15 Hindustan organic Chemicals Ltd 41477 39903 -16461 -4312

16 HMT (International) Ltd 2994 3798 4 20

17 Housing amp Urban Dev Corpn Ltd 282486 252586 33244 26654

18 HSCC (India) Ltd 2010 1724 1024 936

19 India Tourism Dev Corpn Ltd 27387 22550 119 119

20 India Trade Promotion

Organisation

10381 8839 4003 2193

21 Indian Medicines amp Ltd

Pharmaceutical Corpn

456 328 28 4

22 Ircon International Ltd 74797 73219 6161 8706

23 Kochi Refineries Ltd 986392 922416 55509 45602

24 Kudremukh Iron Ore Co Ltd 100573 71457 30070 8753

25 MMTC Ltd 914178 625920 5062 2504

26 M S T C Ltd 330954 205881 1875 905

27 Manganese Ore (India) Ltd 22403 17438 2851 1778

132


1 2 3 4 5 6

28 Mecon Ltd 27075 28310 -1072 -7083

29 National Aluminium Company Ltd 311437 256379 73737 52092

30 National Fertilizers Ltd 338762 365371 8504 28627

31 National Film Dev Corpn Ltd 3457 7542 -831 -658

32 National Mineral Development Corporation Ltd

145369 121423 44617 31220

33 Neyveli Lignite Corpn Ltd 280745 268147 114351 114840

34 Numaligarh Refinary Ltd 289288 253897 21496 17463

35 Oil India Ltd 314503 289683 94970 91673

36 PEC Ltd 585362 385988 2436 1333

37 Power Finance Corporation 365216 262150 160699 117189

38 Power Grid Corporation of India 219061 Ltd 208393 74820 64259

39 Rajasthan Electronics and Instruments Ltd

5303 4578 196 214

40 Rashtriya Chemicals and Fertilizers Ltd

229896 202427 16779 -4807

41 Rites Ltd 26696 25438 4770 9503

42 Rural Electrification Corpn Ltd 181430 203360 60917 57860

43 Shipping Corporation of India Ltd 310034 237651 62699 27478

44 State Trading Corpn of India Ltd 839498 253710 1974 -8317

45 Telecommunications Consultants 50894 (India) Ltd 55031 4702 3989

46 Water amp Power Consultancy Services (India) Ltd

4122 4122 84 84

GRAND TOTAL 9770559 7755368 1067692 847609

133


Restructuring of CPSUs

2205 SHRI DIPANKAR MUKHERJEE SHRI CHITTABRATA MAJUMDAR

Will the Minister of HEAVY INDUSTRY AND PUBLIC ENTERPRISES be pleased to state

(a) the number of sick CPSUs referred to Board for Reconstruction of Public Sector Enterprises (BRPSE) so far

(b) the names of the CPSUs which have been cleared for revival restructuring by the BRPSE

(c) the details of approval given by the Cabinet for revival restructuring as recommended by the BRPSE and

(d) the unit-wise time bound action plan for expeditious approval of the revival schemes initiated by the BRPSE

THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) and (b) 40 cases of sick PSEs (including subsidiaries of National Textile Corporation Ltd) have been referred to BRPSE BRPSE has given its final recommendations in respect of 24 cases of sick PSEs The names of these 24 PSEs are given in the enclosed Statement (See below)

(c) Based on the recommendations of BRSPSE Government has approved the revival proposals in respect of 8 cases of sick PSEs

(d) The administrative MinistriesDepartments have been requested to process the recommendations of BRPSE for obtaining the approval of the competent authority within 8 weeks of the receipt of the recommendations of BRPSE

134


Statement

List of PSEs whose revivalrehabilitation or closurewinding up proposals have been cleared by BRPSE

SI

No

Name of the CPSE Name of the

MinistryDepartment

1 2 3

1 Hindustan Salts Ltd Deptt of Heavy Industry

2 Bridge amp Roof Co (India) Ltd Deptt of Heavy Industry

3 BBJ Construction Co Ltd Deptt of Heavy Industry

4 Tyre Corporation of India Ltd Deptt of Heavy Industry

5 British India Corporation Ltd Ministry of Textiles

6 National Textiles Corporation Ltd amp its

subsidiaries

Ministry of Textiles

7 Madras Fertilizers Ltd Deptt of Fertilizers

8 HMT Bearing Ltd Deptt of Heavy Industry

9 Praga Tools Ltd Deptt of Heavy Industry

10 Braithwaite amp Company Ltd Deptt of Heavy Industry

11 NEPALtd Deptt of Heavy Industry

12 Richardson amp Cruddas Ltd Deptt of Heavy Industry

13 Central Inland Water Transport Corporation

Ltd

Deptt of Shipping

14 Tungabhadra Steel Products Ltd Deptt of Heavy Industry

15 Bharat Wagon amp Engineering Co Ltc i Deptt of Heavy Industry

16 Bharat Pumps amp Compressors Ltd Deptt of Heavy Industry

17 Hindustan Antibiotics Ltd Deptt of Chemicals amp

Petrochemicals 18 Eastern Coalfield Ltd Ministry of Coal

19 Cement Corporation of India Ltd Deptt of Heavy Industry

20 Bharat Ophthalmic Glass Ltd Deptt of Heavy Industry

135


1 2 3

21 HMT Machine Tools Ltd Deptt of Heavy Industry

22 Heavy Engineering Corporation Ltd Deptt of Heavy Industry

23 Hindustan Organic Chemicals Ltd Deptt of Chemicals amp

Petrochemicals

24 Hindustan Insecticides Ltd Deptt of Chemicals amp

Petrochemicals

In respect of the CPSEs mentioned against SI No 12 3 5 6 8 9 amp 13 the revival proposals have been approved by the Government

Appointment of Independent Directors

2206 SHRI SHAHID SIDDIQUI SHRI KB KRISHNA MURTHY SHRI SANTOSH BAGRODIA SHRI AMAR SINGH


(a) whether Government are facing a dearth of suitable candidates for the appointment as Independent Directors on the Boards of Directors of CPSEs

(b) if so the steps being taken to introduce fresh talent in the Boards of Director from a large spectrum of professional and experts

(c) whether Government are also considering to create a pool of independent professionals in fields relevant to CPSEs who could be appointed as independent directors



THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) and (b) Government have issued instructions from time to time for induction of professionals as Independent Directors on the Boards

136


of PSEs Government have also laid down criteria regarding age educational qualifications and professional experience in this regard Independent Directors are selected from various fields like reputed management professionals academics former government servants former chief executives of corporate sectorpublic sector enterprises and persons of eminence with proven track record from industry business or agriculture

(c) to (e) These instructions also provided that independent Directors are to be appointed from a panel prepared by Department of Public Enterprises in consultation with Public Enterprises Selection Board and the concerned Administrative MinistryDepartment which also initiated the proposals in this regard

Transfer of ownerships of HMT units

2207 DR VIJAY MALLYA Will the Minister of HEAVY INDUSTRY AND PUBLIC ENTERPRISES be pleased to state

(a) whether it is a fact that ex-employees of HMT Ltd and those who are running the ancilliary units of the company have made a request to the management for transfer of ownership in them in view of the financial difficulties experienced by HMT in supporting these units and

(b) if so whether any decision has been taken in the matter and what are the details thereof

THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) and (b) HMT Ancilliary Units Enterpreneurs Association has been representing for transfer of ownership of the Industrial Sheds to the licensees at a concessional rate The management has conveyed that the transfer of ownership of the industrial sheds can take place at the prevailing market prices as per the policy of the Company and due to its own financial difficulties The Company has sold 5 Industrial Sheds in the past to the highest bidders through tender process as well as to erstwhile licensee of the shed at the prevailing market rate during June 2003 to October 2003 and January 2005

137


Export by heavy industries

2208 SHRIMATI PREMA CARIAPPA Will the Minister of HEAVY INDUSTRY AND PUBLIC ENTERPRISES be pleased to state

(a) the value of exports made by the heavy industries during the year 2004-2005 and

(b) the break-up of the value of exports of different products during the said period

THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) and (b) The estimated value of exports (Physical and Deemed) made by PSEs under this Department during the year 2004-05 is about Rs 2500 crore Major exporting PSEs are Bharat Heavy Electricals Ltd and HMT (International) Ltd About 95 of the total exports are contributed by BHEL who are mainly exporting power generationtransmission equipment and other associated items

Employees under VRS

2209 SHRI TTV DHINAKARAN Will the Ministerof HEAVY INDUSTRY AND PUBLIC ENTERPRISES be pleased to state

(a)thenumber of employees who have taken VRSVSS from Central Public Sector Undertakings so far

(b) whether any rehabilitation schemes have been launched to provide source of sustenance to them


(d) the number of beneficiaries under such schemes

THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) As per available data as on 3132004 approximately 533 lakh employees of various Central Public Sector Enterprises (CPSEs) have availed of Voluntary Retirement Scheme (VRS)Aoluntary Separation Scheme (VSS) since inception of the Scheme in the year 1988

138


(b) and (c) As a step towards providing a safety net for the rationalized employees of CPSEs a Plan Scheme for Counselling Retraining and Redeployment (CRR) for the separated employees of CPSEs under VRSASS is being implemented The scheme aims at rehabilitation of the rationalized employees through short duration training programmes The strategy is to equip them with skills which would enable them to be deployed mainly in self-employment activities

(d) In all 60267 VRSASS optees have benefited under the CRR scheme during the period 2001-02 to 2004-05

Revival of Hindustan Photo Films

2210 DR K MALAISAMY Will the Minister of HEAVY INDUSTRIES AND PUBLIC ENTERPRISES be pleased to state

(a) whether it is a fact that a meeting was convened at New Delhi on 30th August 2005 and 18th October 2005 to discuss about the future of the ailing Hindustan Photo Films Manufacturing Company Limited Ooty

(b) if so the details of persons who were invited for the said meeting to participate

(c) the reasons for not inviting MPs of Tamil Nadu who are very much concerned about this industry for such a meeting and

(d) what were the details of the deliberations of the meeting

THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES (SHRI SONTOSH MOHAN DEV) (a) to (c) No meeting was held on 30th August 2005 However it was decided to consult those MPsUnion MinistersState Ministers from whom the Department had received references in the current year expressing their concerned about HPF Accordingly the following MinistersMPs were invited to attend a meeting on 18102005

(i) Ms Jayalalitha Chief Minister Tamil Nadu

(ii) Shri M Karunanidhi President DMK

(iii) Shri TR Baalu Minister for Transport Highways amp Shipping

139


(iv) Shri Dayanidhi Maran Minister of Communication Information and Technology

(v) Shri R Prabhu Member of Parliament

(vi) Shri P Mohan Member of Parliament

(d) After taking into account the views expressed by the participants it was decided in the meeting that the consultant should be asked to examine alternative plans submitted by the company for revival of HPF

Development of rural business hubs in Orissa

2211 MS PRAMILA BOHIDAR SHRI BJ PANDA

Will the Minister of PANCHAYATI RAJ be pleased to state

(a) whether Government propose to develop rural hubs the Chinese way to integrate rural areas into modern economic hubs

(b) whether Government have selected some States for the purpose and a task force has been set up by his Ministry for conceptualizing rural business hubs in specific areas for economic development and

(c) if so the details thereof with special reference to Orissa

THE MINISTER OF PANCHAYATI RAJ (SHRI MANI SHANKAR AIYAR) (a) The Prime Minister in his inaugural address to the Conference of Chief Ministers and State Ministers in charge of Rural Development and Panchayati Raj on Poverty Alleviation and Rural Prosperity through Panchayati Raj held on 29-30 June 2004 emphasized the importance of economic development through PRIs in rural areas and to evolve holistic models of rural development based on local resources and skills of local population utilizing agriculture and non farm sectors as engines of growth for providing additional incomes livelihoods and create conditions for social equity and rural prosperity drawing on Chinas experience of Town and Village Enterprises that add value to agricultural produce in rural areas Thereafter a National-level Presentation on Economic Empowerment through Panchayats was held on the 5th November 2004 in collaboration with the Confederation of Indian Industry (CM) in which more than 1000 elected representatives of Panchayati Raj Institutions

140


(PRIs) from States and Union Territories and about 200 members of the CM participated Based on the deliberations there the concept of Rural Business Hubs (RBH) has been evolved in consultation with Cll RBH concept is based on Public - Private - Panchayat - Partnership (PPPP) model which constitutes the basic and distinguishing strategic underpinning to enable better market access for locally available resources and skills by encouraging entrepreneurs identified by Cll in finding markets for products and skills by involving panchayats at all levels as promoters and facilitators so as to catalyze tie-ups between farmers and skilled artisanscraftsmen as to one hand and entrepreneurs or the other Panchayats are also to provide a variety of facilitatory support including identifying land providing common work-sheds and other infrastructural support and organizing appropriate training The PPPP concept aims at utilizing the synergies of different stakeholders in a given area to stimulate economic development of the area concerned through panchayats based on a self-sustained self-supporting commercial models

(b) and (c) This initiative of Ministry of Panchayati Raj was initially limited to nine States to start with as the newly formed Ministry of Panchayati Raj was taking shape and there was a shortage of officers and staff to follow up These States were selected on the basis of initial response and interest shown by the States The initiative has since been extended to all the StatesUTs covered by Part IX of the Constitution

A Rural Business Hub Council has also been set up chaired by the Minister Panchayati Raj and co-chaired by Shri Sunil Kant Munjal immediate past President of Cll to promote Public-Private-Panchayat Partnerships to foster RBHs Awareness programmes have been organized in several States which include Assam Chhattisgarh Jammu amp Kashmir Karnataka KeralaRajasthan Uttaranchal and Uttar Pradesh An RBH Executive Committee has been constituted under the Chairmanship of Secretary Ministry of Panchayati Raj to chalk out an action plan in accordance with the directions given by the RBH Council The Committee has held its first meeting and bas identified a number of modalities for pursuing development of RBHs in various States In another context Core Groups and a Mission has also been set up for sectors with special potential viz textiles and bio fuels

141


The first Memorandum of Understanding (MOU) under the RBH initiative was signed in Dehradun (Uttaranchal) for setting up a rural business hub for processing fruit grown in the Ramgarh block and few other Blocks of Nainital District Thereafter two more MOUs have been finalized and signed in Haryaria to set up RBHs for Jatropha plantation and production of bio-diesel in the Faridabad and Mewat districts of the State Another Jatropha based initiative has been taken by the CM amp Govt of Rajasthan in district Dungarpur Subsequent to an advertisement in certain leading newspapers over 150 responses have been received from RBIs and individuals A conclave of all the stakeholders involved in the development of bio-diesel from Jatropha through Panchayats under the RBH initiative of the Ministry was held on 5 November 2005 which was attended by 100 PRI representatives from all over the country at which it was decided to set up a joint committee of the Ministry of Panchayati Raj and Petroleum and Natural Gas and the Planning Commission along with the stakeholders including Scientists and other corporates on the development of Bio-Fuels plantations through Panchayats under the RBH initiative

The RBH initiative is also scheduled to be discussed in the next meeting of the Council of State Ministers on Panchayati Raj at Bhubneshwar

A proposal with a product list has been received from the Government of Orissa on 9122005 which is being processed

Strengthen OF PRIs

2212 SHRI NR GOVINDARAJAR Will the Minister of PANCHAYATI RAJ be pleased to state

(a) whether Government are taking any steps to strengthen the Panchayati Raj Institutions in order to bring economic reforms in rural areas


(c) what are the various steps Government propose to give more role to Panchayati Raj Institutions

142


THE MINISTER OF PANCHAYATI RAJ (SHRI MANI SHANKAR AIYAR) (a) to (c) Article 243G of the Constitution provides for endowment by State legislatures of powers and authority to Panchayats at the Village Intermediate and District levels to function as institutions of self-government for (i) making plans for economic development and social justice for their respective areas end (ii) implementing programmes of economic development and social justice in their respective areas in respect of those matters devolved to them as the State may by law specify including those listed in the Eleventh Schedule of the Constitution subject to such conditions as they may specify As the Constitution provides that it is legislatures of States that will endow the Panchayati Raj Institutions with powers and authority States have devolved powers and responsibilities to the Panchayats in varying measures In order to evolve a national consensus on the measures to be taken to strengthen Panchayati Raj and ensure that Panchayati Raj Institutions function as institutions of self-government as envisaged in Part IX of the Constitution the Ministry of Panchayati Raj convened Seven Round Tables of State Ministers of Panchayati Raj between July 2004 and December 2004 At the Round Tables about 150 points for action covering 18 dimensions of Panchayati Raj were formulated by consensus Inter-alia these cover points of action pertaining to both the Centre and the States relating to the effective devolution of functions funds and functionaries to Panchayats

A Council of State Ministers of Panchayati Raj under the Chairmanship of the Union Minister for Panchayati Raj has been constituted to review the implementation of the recommendations The first meeting of the Council was held on 5th - 6th August 2005 at Kochi Kerala A Committee of Chief Secretaries of States and State Panchayati Raj Secretaries has also been constituted under the Chairmanship of the Unior Secretary (Panchayati Raj) to monitor the progress on the implenien-nlion of the 150 recommendations of the Seven Round Tables and the decisions of the Council of States Ministers of Panchayati Raj Four review meetings of the Committee have so far been held in April 2005 June 2005 September 2005 and November 2005

With a view to interacting with Panchayats and carrying out a review with the authorities concerned of the progress in implementing the points for action mutually agreed to in the Round Tables a process of visiting the States and UTs at the level of Union Minister for Panchayati Raj has

143


been initiated Eight States have been covered so far These include Karnataka West Bengal Uttaranchal Haryana Chhattisgarh Orissa Arunachal Pradesh and Rajasthan Each visit is concluded with a Statement of conclusions jointly signed with the Chief Minister of the State concerned laying out the points of action on which the State would move to operationalise the recommendations of the Round Tables

An exercise is underway to review different statutes with a view to harmonise them with the provisions of Part IX of the Constitution Similarly the guidelines of Centrally Sponsored Schemes are being reviewed to ensure the centrality of Panchayats in planning and implementation As regards new Centrally Sponsored Schemes wherever relevant it is proposed to provide for a central role for Panchayats Thus for example the National Rural Employment Guarantee Act provides for the Panchayats to be the principal authorities for the planning and implementation of schemes under the Act Steps are also being taken to fid in critical gaps in infrastructure and capacity so that Panchayats can effectively fulfill their constitutional role

Establishment of two out of three tier Panchayat system

2213 SHRI SHANTARAM LAXMAN NAIK Will the Minister of PANCHAYATI RAJ be pleased to state

(a) whether there is a demand from certain smaller States for a Constitutional amendment to permit them the option of establishing any two out of three tier Panchayat system instead of the present mandatory Constitutional provision which gives option to the States only as regards the middle tier

(b) if so the names of the States who have formally or informally demanded for the amendment and

(c) the reaction of Government thereto

THE MINISTER OF PANCHAYATI RAJ (SHRI MANI SHANKAR AIYAR) (a) to (c) No Sir The Constitution (Article 243B) provides for a two tier system (district and village level) in States having a population not exceeding 20 lakhs There is no recent demand from any of the

144


smaller States for such an amendment though a proposal had earlier been under consideration to amend some parts of the Constitution (73rd Amendment) Act 1992 Having considered all aspects of the matter the Ministry of Panchayati Raj has decided to facilitate and secure implementation of the Constitution Seventy third Amendment) Act 1992 by StatesUTs in letter and spirit by encouraging them to adopt carefully drawn up plans of action to implement the existing provisions of the Constitution

Joint ventures with China

2214 DR T SUBBARAMI REDDY PROF ALKA BALRAM KSHATRIYA


(a) whether Indian Joint Task Force visited China during month of August 2005 and found strong support from Chinese state-run firms and Government to forge a Joint participation for assets in third countries

(b) whether China has taken edge when it comes to bidding as it snaps deal at any cost

(c) if so whether by co-operation of both China and Indian companies both Governments could get contracts from foreign countries and

(d) if so to what extent joint participation so far have been agreed upon and what are counties where there joint participation will take place

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (d) Yes Sir An Indian Joint Task Force led by Additional Secretary (International Cooperation) Ministry of Petroleum and Natural Gas visited China between August 9mdash13 2005 and held discussions with senior officials of the National Development and Reforms Commission the National Energy Leading Group and representatives of Chinas three principal petroleum companies In these meetings the Task Force was informed that there was need for Indian and Chinese companies to cooperate with each other since they had good bilateral relations and mutual trust which provides a sound basis

145


for the promotion of ties in the hydrocarbon sector Again China and India had considerable experience in the energy sector and had good human resource and technical capabilities all of which taken together would make combined India-China bids for oil and gas assets very competitive in the global energy market Both Indian and Chinese companeis have been pursuing proposals for equity participation in producing fields in different parts of the world Their bids for such proposals are based on their own assessment of the potential value of the oil and gas reserves in the proposal concerned In some cases the Chinese companies pursuing specific proposals have succeeded in acquiring certain assets on the basis of bids that the Indian companies believed were much too high for the property concerned and hence preferred to withdraw from the competitive bidding

At present National Oil Companies viz ONGC Videsh Ltd (OVL) GAIL (India) Ltd (GAIL) Oil India Ltd (OIL) Indian Oil Corporation (IOC) Bharat Petroleurn Corporation Ltd (BPCL) and Hindustan Petroleum Corporation Ltd (HPCL) are in touch with Chinese petroleum companies to enter into Memoranda of Understanding (MOU) for co-operation in the hydrocarbon sector

The proposed cooperation will cover both upstream and downstream sector in both countries as also joint bids in third countries particularly in Central Asia West Asia and the Gulf West Africa and Latin America

GAIL and HPCL joint venture

2215 DR ALLADI P RAJKUMAR Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether it is a fact that GAIL and HPCL have formed a joint venture for oil exploration abroad

(b) the details thereof and the reasons for this major diversification and

(c) whether these two companies have made bids in foreign countries also and if so the details thereof

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKARAIYAR) (a) and (b) On the 16th November2005

146


GAiL (India) Limited (GAIL) and Hindustan Petroleum Corporation Limited (HPCL) signed a Memorandum of Understanding (MoU) to jointly identify and pursue Oil Gas Exploration and Production (EampP) activities in India and abroad This is expected to meet the strategic needs of both companies The scope of the MoU includes the following

(i) Prepare a Blue Print for EampP business in India and Overseas

(ii) Identify and evaluate business opportunities in EampP related sectors in India and countries in West Asia South Asia Africa and- other regions of interest

(iii) Joint bidding for Blocks in NELP CBM Bidding Rounds in India and abroad

(iv) Jointly explore possibilities for farm-in option in already awarded exploration blocks in India and abroad

(c) Although no bid has been submitted till date by the GAIL amp HPCL consortium for any exploration amp production blocks GAIL have recently bid for exploration blocks in Australia along with Prize Petroleum a JV of HPCL ICICI OILEX NL and GSPC

Murder of IOC official

2216 SHRI BK HARIPRASAD

SHRI DATTA MEGHE


(a) whether a manager of the Indian Oil Corporation (IOC) posted at Lakhimpur Kheri in Uttar Pradesh was murdered for doing this duty honestly in the later half of November 2005


(c) whether there are instances of selling adulterated fuel and the officer concerned had ordered closure of some IOC dealer petrol pumps in Lakhimpur


147


(e) the measures taken by Government to check the mischief of adulteration and give adequate protection to officers

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) Shri S Manjunath Indian Oil Corporations (IOCs) Sales Officer who went for inspection of Ms Mittal Automobiles IOCs Retail Outlet (RO) in District Lakhimpur Kheri (UP) on 19112005 has been murdered He was reportedly shot dead by the dealers son Shri Monu Mittal alias Pawan Kumar Mittal along with other accused persons It is further alleged that after killing the officer they caried his body ina car to another RO of IOC Ms Balaji Filing Station in District Lakhimpur Kheri which was run by Smt RomaAgarwal who is sister of the main accused Shri Monu Mittal

On driving out of Ms Balaji Filling Station the police intercepted two persons along with the dead body when they were trying to dispose of the body All the accused includign the main accused Shri Pawan Kumar Mittal (Monu) have been arrested by the police

IOC have reported that in the recent past Ms Mittal Automobiles was inspected by late Shri S Manjunath when the RO was found to be involved in irregularities like stock variation beyond permissible limits non maintenance of inspection stock sales and other records and non-retention of Tank Truck (TT) samples According to IOC the dealer was imposed a fine of Rs 75000 under the relevant provision of Marketing Discipline Guidelines (MDG) 2005

IOC have since suspended sales amp supplies to both the above mentioned ROs with immediate effect and terminated both the ROs under the relevant provisions of the respective Dealership Agreements

(c) and (d) IOC have reported that based on their records there has not been any established case of adulteration in Lakhimpur during the current year However there were three instances of suspension of sales and supplies and monetary penalty recommended by the officer concerned for other irregularities observed during the current year

(e) The GovernmentPublic Sector Oil Marketing Companies (OMCs) have taken the following steps to contain the menace of adulteration

148


(i) Under the Control Orders issued by the Government to prevent fuel adulteration under the Essential Commodities Act 1955 State Governments are empowered to take action against those indulging in adulteration Government have taken up this matter with all the State GovernmentsUnion Territory Administrations to step up inspectionssurprise checks to ensure that adulteration-related activities are minimized and to exercise vigilconduct inspections at various private firms factories processing units etc under their jurisdictions so as to identify the perpetrators of adulteration and take stringent action against them within the available legal framework

(ii) OMCs undertake regular and surprise inspections of Retail Outlets and also take action under Marketing Discipline Guidelines (MDG) and Dealership Agreements against those indulging in adulteration and malpractices MDG provide for penalty of termination of dealership in cases of adulteration being established

(iii) As advised by the Government Oil Marketing Companies (OMCs) have created a separate wing to report to a Director other than Director (Marketing) which will oversee and monitor all activities and operations to curb adulteration and specify norms and guidlines in this regard

(iv) Keeping in view the misusediversion of SKO for adulteration the import of SKO by private parties has been canalized through OMCs

(v) OMCs have introduced new tamper proof tank-truck locking systems to prevent en route adulteration by transporters

(vi) Information Technology (IT) solutions like monitoring movement of tank trucks through Global Positioning System (GPS) and monitoring the level of fuel tanks in Retail Outlets through retail automation are being introduced

(vii) Branding of Retail Outlets and third party certification of Retail Outlets have been initiated by the OMCs

(viii) Effective 2nd October 2005 Government have launched the Jan Kerosene Pariyojana as a pilot project in 417 blocks covering 23 States and one Union Territory for a period of six

149


months with a view to strengthening and streamlining the infrastructure for kerosene distribution and involving the Gram Sabhas and Gram Panchayats and State Panchayati Raj Institutions in the supervision of PDS kerosene distribution so as to ensure that entitled beneficiaries actually receive their entitlement and diversion to adulteration and black-marketing is capped reversed and eventually eliminated The pilot project is being concurrently evaluated by NCAER and on the basis of the experience gained Government will determine the possibility and desirability of extending th Pariyojana to cover all blocks in the country

Measures to check adulteration are kept under continuous review of the Government

The State Governments have been requested to provide adequate police protectionsecurity to the OMCs officials as per the requirement for carrying out inspections

Demand for LPG

2217 SHRI TTV DHINAKARAN Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) the quantum of Liquefied Petroleum Gas (LPG) used in the country during the last three years year-wise

(b) the break-up of figures of gas provided through pipeline and cylinder during this period

(c) the estimated demand of LPG in the next three years and

(d) the measures taken to meet the demand

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) LPG consumption for the last three years in the country is as undermdash

150


(Figures in TMT) Year Consumption

2002-03 8351

2003-04 9305

2004-05 10245

(b) The data of LPG supplied through pipelines are not maintained However the packed LPG demand met through Public Sector Oil Marketing Companies (OMCs) for the last three years is as undermdash

Year Quantity (in TMT)

2002-03 8143

2003-04 9089

2004-05 9938

(c) Ministry of Petroleum and Natural Gas has not firmed up estimated demand of LPG in next three years However the estimated LPG demand for the next two years as per the report of the Working Group on Petroleum amp Natural Gas for the Tenth Five Year Plan is as undermdash


2005-06

2006-07

11123

11966

(d) LPG requirements are met through a combination of domestic production and imports Research and development efforts are on to enhance LPG production through indigenous sources

Tax on Petroleum products

2218 SHRI TARIQ ANWAR Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether it is a fact that one of the reasons for increase in the prices of petroleum products is too much tax imposed by Government

151



(c) whether Government are planning to decrease the tax on petroleum products and


THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) The breakup of the prices of sensitive products namely petrol diesel domestic LPG and PDS Kerosene (at Delhi) is at Annex as per enclosed Statement (See Below)

(c) and (d) In order to formulate a long-term pricing policy for petroleum products the Government have constituted an inter-ministerial Committee under the Chairmanship of Dr C Rangarajan Chairman Economic Advisory Council to the Prime Minister

The Committee is mandated to look into various aspects of pricing and taxation of petroleum products with a view to stablizingrationalizing their prices keeping in view the financial position of the oil companies the investment needed in the sector the need to conserve petroleum products and establishing a transparent mechanism for the autonomous adjustment of prices by the oil companies Taking into consideration the interests of all stakeholders concerned the Committee will suggest a comprehensive mechanism for pricing and taxation of sensitive petroleum products and other allied issues The Committee is to submit its report within six months

Statement

Price components of petrol diesel domestic LPG and PDS kerosene at Delhi

Share of duties and taxes in Retail Selling Price of Petrol

RsLitre SJ No Particulars Delhi

1 Price without Customs Duty Excise Duty - and Sales tax

components 2- Customs Duty 10

1958

173

(4)

152


SI No Particulars Delhi

3 Excise Duty (levied 8 + Rs 1300litre plus 2 education cess) 1493

(34)

4 Sales Tax 725

(17)

5 Total of Customs Duty Excise Duty and Sales tax components

(2+3+4)

2391

(55)

6 Retail Selling Price at Delhi (1+5) 4349

Figures in bracket give the components of customs duty excise duty and sales tax as a of SNo 6

Share of duties and taxes in retail selling price of Diesel

RsLitre


1 Price without Customs Duty Excise duty and Sales tax

components

2018

2 Customs Dutyreg 10 181

(6)


(17)

4 Sales Tax 339

(11)


(2+3+4)

1027

(34)



153


Share of duties and taxes in retail selling price of LPG (Packed Domestic)


Share of duties and taxes in retail selling price of Kerosene PDS at Delhi

RsLtr


154


1 Price without Customs Duty Excise duty and Sales tax components 2 Custom Duty mdash Nil

26197 000 0

3 Excise DutymdashNil 000 bull (0)

4 Sales Tax 3275 (11)

5 Total of Customs Duty Excise Duty and Sales tax components (2+3+4) 3275 (11)



1 Price without Customs Duty Excise duty and Sales tax components 870

2 Custom Duty mdash Nil 000 0

3 Excise Duty mdash Nil 000 0

4 Sales Tax 035 (4)




Recovery of Excess Tariff by GAIL

dagger2219 SHRI RAJ MOHINDER SINGH MAJITHA SHRI RAM JETHMALANI


(a) whether the Tariff Commission constituted by Government has clarified that 28 per cent excess gas transmission tariff is being recovered by the Gas Authority of India Limited

(b) if so the facts in this regard

(c) whether Government have decided to terminate the above excess recovery and

(d) if not the reasons for delay in this regard

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (d)An Inter-Ministerial Group (IMG) was constituted to examine issues relating to the supply of natural gas and LNG to the fertilizer industry The IMG had decided to refer various issues including transmission for examination byTariff Commission Tariff Commission has made certain recommendations for the consideration of Government Government have so far not taken any decision on the recomnrrendations made by the Tariff Commission

National Consumers forums direction on weight of cylinder

dagger2220 SHRI RAVI SHANKAR PRASAD SHRI RAJ MOHINDER SINGH MAJITHA


(a) whether it is a fact that National Consumers Forum has directed the Indian Oll Corporation to deliver the LPG cylinders after weighting it in front of the consumers

(b) if so whether Government have directed all LPG seller companies to follow the said instructions and


155



THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) While deciding a consumer dispute case (original Petition No 224 of 2001) the National Consumers Dispute Redressal Commission (NCDRC) directed that Indian Oil Corporation Limited (IOCL) should ensure that weighing scales are made available to all deliverymen to deliver domestic LPG cylinders to customers only after weighing them in their presence

(b) and (c) Government have not given any specific instructions to Oil Marketing Companies (OMCs) in the matter However OMCs have reported that their LPG distributors are under instructions to ensure 100 weighment of cylinders at their godown before delivery at the customers premises In a bid to enhance customer satisfaction levels distributors in selected markets have been advised by OMCs to provide a spring balance to enable the customer to verify the correctness of the weight of LPG in the cylinder OMCs have introduced this scheme in major markets of the country

Regulatory Authority for Petroleum sector

dagger2221 DR MURLI MANOHAR JOSHI SHRI RAJ MOHINDER SINGH MAJITHA


(a) whether it is a fact that there is necessity of the constitution of an independent regulatory authority for the petroleum and natural gas sector

(b) if so the reaction of Government thereto

(c) whether Government have also taken any decision in this regard


(e) by when it would be implemented

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (e) Government are proposing to


156


set up a Petroleum amp Natural Gas Regulatory Board (PNGRB) under a Statute to regulate the refining processing storage transportation distribution marketing and sale of petroleum petroleum products and natural gas excluding production of crude oil and natural gas to protect the interests of consumers and entities engaged in specified activities relating to petroleum petroleum products and natural gas and to ensure uninterrupted and adequate supply of petroleum petroleum products and natural gas in all parts of the country and to promote competitive markets and for matters connected therewith or incidental thereto The draft PNGRB Bill is under the consideration of the Government

Stability in Petrol and Diesel Prices

dagger2222 SHRI DARA SINGH SHRI RAM JETHMALANI SHRI RAVI SHANKAR PRASAD


(a) whether Government have taken any steps so far to minimize the impact of continued rising international crude prices on domestic oil prices

(b) if so the details of steps taken till date to ensure stability of petrol and diesel prices in the country

(c) whether Government have so far taken any action to modify present duty structure on oil if so the details thereof

(d) whether Government are also contemplating any long-term supply contract with oil producing countries and

(e) if so the steps taken in this regard till date

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (c) Since the end of 2003 there has been an unprecedented sharp and spiraling increase in international oil prices combined with considerable week-to-week and even day-today volatility The Indian Basket of crude oil touched and all-time high of


157


US$6278bbl on 1-9-2005 Against the average Indian Crude Basket price of US$2796bbl during 2003-04 and US$3921 during 2004-05 the aveage for November 2005 was US$5314bbl

With a view to containing the burden of the increase in international prices on consumers of sensitive petroleum products since June 2004 Government elucidated the principles of containing the burden of increase in international prices on consumer of sensitive petroleum products It was decided that the burden should be equitably shared by consumers the Government and Oil Companies Government for its part reduced the excise duty on petrol and diesel by 4 and 3 respectively effective 1662004 and effective 1982004 the excise duty on petrol and diesel was further reduced by 3 Government also reduced customs duty by 5 each on petrol and diesel with effect from 1982004 In the Budget 2005-06 customs duty on crude was reduced from 10 to 5 on kerosene and LPG from 5 to nil and on other petroleum products from 15-20 to 10

(d) and (e) OMCs already have long-term contracts with suppliers The question of longer-term supply contracts was raised by India at the first Round Table of Asian Oil Ministers on regional cooperation in the oil amp gas economy held in New Delhi on 6th January 2005 which was attended by Ministersrepresentatives from Iran Japan Malaysia Oman Qatar Saudi Arabia UAE Kuwait China Korea besides host India Public sector oil companies factor in long-term contracts in their purchase arrangements as appropriate but it may be noted that long-term contracts only provide for assurance of supplies prices and linked to periodic variations in international markets

Agreement with Myanmar on Gas ] Pipeline Project

2223 SHRI MOOLCHAND MEENA DR T SUBBARAMI REDDY


(a) whether over $25 billion Myanmar-lndia gas pipeline project via Bangladesh is back on track with Bangladesh Government open to

158


holding fresh negotiations on three conditions set by it for signing tri-nation agreement for implementing projects

(b) if so what are the main points of agreement reached between three countries

(c) whether gas pipeline from Myanmar via Bangladesh to India is viable as far as cost-effective option of bringing gas from off-shore gas fields in Myanmar is concerned

(d) whether all conditions put by three countries have been finally settled and

(e) if so by when final decision in this regard is likely to be taken

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (e) In January 2005 Minister (PampNG) participated in a meeting in Yangon between the Oil Ministers of Bangladesh Myanmar and India to disfcuss various aspects of the Myanmar-Bangladesh-lndia gas pipeline project In pursuance of the trilateral Joint Press Statement released after that meeting a Techno-Commercial Working Committee (TCWC) of the representatives of the three countries was constituted to take further steps in respect of the project The first meeting of the TCWC was held in Yangon on 24th-25th February 2005 The TCWC prepared a draft MoU to be signed by the three Oil Ministers after the approval of their respective Governments However the signing of the MoU has been delayed on account of differences between India and Bangladesh over one preambular paragraph in the draft MoU in which Bangladesh has made references to certain specific issues of trilateral concern Minister (PampNG) visited Dhaka on 5th September 2005 and had meetings with the Prime Minister of Bangladesh and other senior Minister when further steps to pursue the gas pipeline project was discussed

These issues are at present being examined by the Governments of Bangladesh and India even as India is exploring with Myanmar other options of importing natural gas into India from Myanmar including alternative land routes and possible transportation of gas by sea as LNG or CNG

159


Changes in exploration policy

2224 SHRI RAASHID ALVI DR T SUBBARAMI REDDY


(a) whether Government are planning changes in policy for award of exploration acreage for oil companies with a view to expediting exploitation of reserves and attracting foreign firms with latest technology

(b) if so whether separate categorization of blocks based on risk involved is needed

(c) whether Government would launch sixth round of bidding for oil and gas blocks by year end

(d) if so to what extent changes that have been considered will be undertaken soon and

(e) to what extend these new changes will help in exploration

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (e) The Ministry held a meeting of stakeholders at a CEOs conclave under the auspices of Petrofed on 772005 where the issue of modifying NELP after comparing the position in other countries was discussed The Ministry asked Petrofed to undertake a study on suggested improvements to be effected in NELP after taking the views of industry members Petrofed has submitted its report Consultations have been held on the suggestions contained in report of Petrofed with stakeholders The suggestions include categorization of blocks under the sixth round of the New Exploration Licensing Policy (NELP-VI) based on the risk-reward perception of the blocks The objective of the Government is to encourage companies to participate in the bidding rounds announced by the Government from time to time and bring investment and state-of-art technologies and new geological ideas The Government targets to launch NELP-VI during the first quarter of 2006 The suggestions will be appropriately incorporated in the bid documents for NELP-VI

160


Co-operation with Japan in Hydrocarbon Sector

2225 DR T SUBBARAMI REDDY SHRI GIREESH KUMAR SANGHI


(a) whether India and Japan have agreed to look at promoting ventures in exploration and production sector in third countries and also examine possibility of swap arrangements based on convenience of geographical proximity

(b) what are the main features of agreement reached

(c) whether meeting of two Ministers was with a view to accelerating deepening and widening cooperation between India and Japan in hydrocarbon sector and

(d) if so to what extent Japanese companies would be allowed to private assistance as possible from JOGMEC to develop exploration and production opportunities in India in addition to service and technology areas

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) Yes Sir During the visit of Minister of Petroleum and Natural Gas to Japan and Russia in February 2005 discussions were held at Ministerial official and commercial levels about areas of collaboration between the two countries in the hydrocarbon sector A Joint Statement was signed by the Minister of Petroleum and Natural Gas with the Minister of Economy Trade and Industry Japan in Tokyo on 29th September 2005 identifying an action plan for cooperation between the two countries A copy of the Joint Statement is enclosed (See below) Attention is invited in particular to para 3 which covers the points raised at (a) of the question

161


(c)YesrSir

(d) During the bilateral meeting held in the sidelines of second Ministerial round Table held in New Delhi on 24112005 the Minister (PNG) emphasized the importance of signing of Memorandum of Understanding with JOGMEC which is crucial to bring Japanese investment in EampP sector of India He stressed that India would welcome Japans entry into exploration in India during the next round of bidding for NELP In addition Oil Industry Development Board (OIDB) is planning to collaborate with JOGMEC on strategic storage while Director General of Hydrocarbons plans technology sourcing on gas hydratessynthetic hydrates from them

Statement

Area of Cooperation between India and Japan in Hydrocarbon Sector

JOINT STATEMENT

1 HE Shri Mani Shankar Aiyar Minister of Petroleum amp Natural Gas of India and HE Mr Shoichi Nakagawa Minister of Economy Trade and Industry of Japan held a meeting in Tokyo on Thursday 29 September2005 with a view to accelerating deepening and widening cooperation between India andJapan in the hydrocarbons sector

The two Ministers recalled their very fruitful initial meeting in New Delhi in January 2005 They also noted that the visit to India by HE Prime Minister Junichiro Koizumi in April 2005 had placed the Indo-Japanese energy dialogue in the larger context of the evolving Japan-India Global Partnership which aims at promoting the vision of an Asian Economic Community as an Arc of Advantage and Prosperity They noted with satisfaction that in pursuit of the Eight-fold Initiativelaunched by the Prime Ministers of the two

162


countries in particular paragraph 18 thereof relating to the hydrocarbons and energy sector the inaugural meeting of the Working Group on cooperation in oil and gas had laid sound foundations for further practical work on the ground The two Ministers stressed the need for expeditious implementation of the recommendations of the Working Group and shared the view that the Working Group would meet at least twice during 2006 to give further impetus to the process of cooperation and the Ministers meet at least once next year to keep the proceedings of the Working Group under Ministerial review

2 The Indian Minister conveyed to his Japanese counterpart the importance attached by India to expanding its knowledge-base in geology and geophysics and in the area of exploration and production in the country and sought Japanese cooperation in promoting these capabilities in India The two Ministers expressed their intention that in addition to scientific and technological cooperation in oil and gas their mutual RampD cooperation would extend to related areas of energy such as coal bed methane underground coal gasification and other unconventional fuels such as hydrogen bio-fuels and gas hydrates and shared the view that relevant research and academic institutions in both countries should be encouraged and facilitated to network with each other to promote greater mutual understanding of the global political economy in the hydrocarbons sector

3 The two Ministers expressed their determination to pursue the

following Plan of Action

(i) Encouraging Japanese companies with such assistance as possible

from the Japan Oil and Gas Metals National Cooperation

(JOGMEC) to develop Exploration and Production (EampP)

opportunities in India including but not limited to services and

technology areas

163


(ii) exchange of information and experience on commercial and strategic stockpiling of crude oil

(iii) promoting Japanese-Indian ventures in the EampP sector in third countries in this context they will explore the prospects of such cooperation in Canada Australia West Asia (Middle East) West and Central Africa Russia (including Sakhalin) and Central and South East Asia taking into account the increasing tendency by the oil and gas producing countries to pursue broader economic ties with investing countries Bearing these possibilities in mind they welcomed the pursuit of a possible Memorandum of Understanding between ONGC Videsh Cimited (OVL) and JOGMEC

(iv) examining the possibility of swap arrangements based on the convenience of geographical proximity

(v) promoting cooperation in heavy oils amongst entities of both countries

(vi) coordinating and mutually reinforcing RampD in gas hydrates through encouraging cooperation between the Indian Directorate General of Hydrocarbons and their Japanese counterpart as well as cooperation between GAIL India and counterpart Japanese industries for the transportation of gas as synthetic hydrates including examining the feasibility of transportation from isolated marginal fields

(vii) undertaking joint research and study between a Japanese organization and counterpart Indian organizations such as the Petroleum Planning and Analysis Cell (PPAC) the Energy and Research Institute New Delhi (TERI) and the University of Petroleum and Energy Studies Dehradun on developing an Asian crude oil and petroleum products market and measures to stabilize the Asian oil market

4 The two Ministers noted the importance of investment in each others countries in the hydrocarbons and related sectors In this context noting the significant advances made by India in the export of petroleum products the Indian Minister invited the Japanese Minister to consider promoting investment in India in export-oriented refineries in India as well as in such projects as the development of a petrochemicals hub at Haldia

164


5 Bearing in mind that energy conservation and energy efficiency are important elements in the promotion of the energy interests of the two countries and keeping in view of Japans impressive record in these fields the two countries shared the view that cooperation and networking are essential between the relevant institutions of the two countries in the public quasi-public and private sectors They expressed their intention to work together to promote integrated energy conservation and energy efficiencies in India through the ESCO (Energy Service Companies) model The Petroleum Conservation and Research Association (PCRA) of India has been nominated by the Indian Minister as the nodal agency to work with its counterpart Japanese institutions for this purpose

The two Ministers stressed the importance of energy security as a crucial component of international peace and security While underlining the need for exchange of information and coordination of positions in all international for a dealing with energy-related issues including energy security the two Ministers stressed the importance of the International Energy Forum (IEF) as a platform to promote global cooperation and dialogue and directed their delegations to coordinate closely with each other to pursue the interests of both countries through the preparation of joint studies and to work together for the success of the IEF Ministerial Conference in Doha in April 2006

7 Highlighting the key importance of the paradigm shift in global oil trade which has been Asia emerging as both the principal source of hydrocarbons and the fastest growing region in demand for crude oil and gas the two Ministers shared their views that the outcome of the study as set out in paragraph 3(vii) above would be a valuable asset to be shared with IEF member countries

8 The two Ministers also noted the importance of exchange of information between the two countries in regard to LNG imports particularly with respect to the need for flexibility in contractual obligations pertaining to quantity and price

9 The Indian Minister reiterated to his Japanese counterpart his invitation to the Japanese Minister to visit India to attend the Round Table of North and Central Asian oil-producing countries with the Ministers of major Asian oil-consuming countries including Japan This Round Table is scheduled to be held in New Delhi on 25 November 2005 The Japanese Minister expressing his thanks to the Indian Minister for the valuable

165


intra-Asian dialogue initiated at the Round Table in New Delhi in January 2005 confirmed Japanese participation at the forthcoming conference and said that he would positively examine the possibility of making it at Ministerial-level

10 The Indian Minister conveyed his deep gratitude to his Japanese counterpart for the courtsey and hospitality extended to him and his delegation during his short visit to Tokyo The Japanese Minister invited the Indian Minister to make a longer visit to Japan after the November Round Table in New Delhi so that various aspects of bilateral cooperation in the hydrocarbons and related sectors could be examined in greater detail The Indian Minister accepted this gracious invitation It was noted that the dates of the visit would be finalized through diplomatic channels

Tokyo 29 September 2005

Sd- Sd- (Mani Shankar Aiyar) (Shoichi Nakagawa) Minister of Petroleum and Natural gas Minister of Economy Trade India and Industry Japan

Discount on ATF price

2226 SHRI CHITTABRATA MAJUMDAR SHRI DIPANKAR MUKHERJEE


(a) the import parity price of ATF at present (RsKL)

(b) the amount of ATF sold during the last three years to domestic airlines and foreign airlines

(c) whether any discount is being offered to foreign airlines at present if so the average discount in RsKL offered to the foreign airlines and

(d) the total under recoveries of Oil Marketing Companies during last three years year-wise and in the current year on account of discounts offered

166


THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) The import parity price of Aviation Turbine Fuel (ATF) for domestic and international airlines effective 1122005 at four metros viz Delhi Kolkata Mumbai amp Chennai are as under

(RsKL) Name of the Metro Domestic Airlines (including

Excise Duty and sales tax) International Airlines (excluding excise duty and sales tax)

Delhi

Kolkata

Mumbai

Chennai

3175056

3597832

3256427

3466410

2427465

2540518

2388000

2362612

(b) The amount of ATF sold by the public sector oil marketing companies (OMCs) during the last three years is as under

(Figures in KL) Period Quantity

2002-03 2925163

2003-04 3201133

2004-05 3652379

(c) Yes Sir the average rate of discount offered by IOC BPC amp HPC during 2004-05 was Rs 242KL Rs 1085KL and Rs 775KL respectively

(d) Commercial discounts are offered on the basis of market considerations and do not contribute to under-recoveries

Supply of underweight cylinders

2227 DR MAM RAMASWAMY SHRI JANARDHANA POOJARY Will the Minister of PETROLEUM

AND NATURAL GAS be pleased to state

(a) whether cases of supply of underweight cylinders by Government owned oil companies have come to the notice of Government


(c) the reasons for supplying underweight cylinders and

167


(d) the action taken by Government on the complaints of supply of underweight cylinders and against the responsible officers

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (d) Public Sector Oil Marketing Companies (OMCs) have reported 31 cases of supply of underweight cylinders to consumers by their LPG distributors during period AprilmdashOctober 2005 The erring distributors have been penalized by OMCs in accordance with the provisions of the Marketing Discipline Guidelines (MDG)

Whenever OMCs receive complaints regarding the supply of underweight cylinders these are investigated and if the complaint is established suitable action taken against the LPG distributor(s) concerned in accordance with the provisions of the LPG Marketing Discipline Guidelines (MDG) In addition to the action taken by OMCs the Weight and Measures Departments of the StateUT initiate legal action against those believed to be culpable

CNG distribution centres in Rajasthan t2228 SHRI LALIT KISHORE CHATURVEDI Will the Minister of

PETROLEUM AND NATURAL GAS be pleased to state (a) the number of CNG distribution centres for vehicles in different

States alongwith State-wise details (b) the number of distribution centres in Rajasthan alongwith their

locations (c) if answer to part(b) above is in the negative the reasons therefor and (d) by when and where these distribution centres are proposed to be

opened THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI

MANI SHANKAR AIYAR) (a) As on 1122005 the details of CNG stations opened by GAILJoint Venture companies of GAILare as followsmdash

State Number of CNG Stations

Delhi 138

Uttar Pradesh 02 Andhra Pradesh 03

Gujarat 03 (In Vaghodia)

Maharashtra 115

Apart from these a few CNG stations have been opened by private entities in a few cities in Gujarat


168


(b) At present there is no CNG outlet in Rajasthan (c) and (d) The expansion of the CNG infrastructure in other cities is

being taken up in a phased manner GAIL propose to commence CNG supply to Kota Rajasthan by the middle of 2006

Use of LPG in cars

dagger2229 SHRIMATI KUM KUM RAI Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether LPG is being used in cars in the country (b) if so the details thereof and (c) whether Government intend to encourage the use of LPG in cars THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI

MANI SHANKAR AIYAR (a) to (c) Government have permitted the sale of auto-LPG for vehicles outfitted for the purpose vide the Liquified Petroleum Gas (Regulation of Use in Motor Vehicle) Order 2001 Public Sector Oil Marketing Companies (OMCs) have set up and are setting up Auto LPG Dispensing Stations (ALDS) based on their commercial considerations and upon the availability of suitable sites in various cities to meet the requirement of auto LPG

At present OMCs are operating 119 ALDS in different cities in the country The details are enclosed as statement

Statement

State-wise details of ALDS operating by public sector oil marketing companies StatesUTs Cities Number of

ALDS

Andhra Pradesh Hyderabad 10

Andhra Pradesh Tirupati 1

Andhra Pradesh Visakh 1

Chandigarh Chandigarh 2

Delhi Delhi 16 Gujarat Ahmedabad 8

Karnataka Bangalore 17

Kerala Trivandrum 1

Madhya Pradesh Indore 1


169


StatesUTs Cities Number of

ALDS Madhya Pradesh Bhopal 1

Maharashtra Mumbai 21 Maharashtra Pune 6

Maharashtra Nasik 1

Rajasthan Jaipur 2

Tamil Nadu Chennai 16 Uttar Pradesh Lucknow 1

Uttar Pradesh Agra 2

West Bengal Kolkata 11

Kerala Ernakulam 1

TOTAL 119

Dual pricing policy for LPG

2230 SHRI ANAND SHARMA SHRI DATTA MEGHE Will the Minister of PETROLUEM AND NATURAL GAS be pleased to state

(a) whether Government are considering dual pricing policy for LPG in the country and

(b) if so the details of the policy and the proposed date of its commencement

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR (a) and (b) At present subsidised domestic LPG is marketed by the distributors of the four public sector oil marketing companies (OMCs) viz Indian Oil Corporation Limited (IOCL) Bharat Petroleum Corporation Limited (BPCL) Hindustan Petroleum Corporation Limited (HPCL) and IBP Company Limited Domestic LPG is partly subsidized by the Government and partly by the oil companies During the year 2004-05 the total subsidy burden was Rs 9830 crores This Mmistry has recently written to the State Governments seeking views on restricting the subsidy on domestic LPG to only BPL families

The Government has also allowed Oil and Natural Gas Corporation (ONGC) and GAIL India Limited (GAIL) to market LPG produced by their fractionators subject to certain terms and conditions With a view to operationalizing the mechanism the matter was recently reviewed in the

170


Ministry and ONGC and GAIL were asked to give their proposals The proposals received from them are under examination in the Ministry

New oil refineries

dagger2231 PROF RBS VARMA SHRI RUDRANARAYAN PANY SHRI SM LALJAN BASHA SHRI EM SUDARSANA NATCHIAPPAN

SHRIMATI KUM KUM RAI Will the Minister of PETROLUEM AND NATURAL GAS be pleased to state

(a) whether it is a fact that Government are planning to set up more refineries in the country


(c) the amount likely to be spent by Government for setting up refineries under this scheme and

(d) the progress made so far in this regard

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR (a) to (d) The refineries sector has been delicensed since June 1998 and a refinery can be set up anywhere in India by private or public sector enterprises depending on the promoters assessment of its viability It is not the Central Government but public and private sector enterprises who consider proposals for setting up refineries Public Sector Undertakings may consider setting up a refinery in accordance with the decision-making authority delegated to them by Government vide Department of Public Enterprises Office Memorandum No DPE11(2)97-Fin dated 22-7-1997

Indian Oil Corporation Limited Hindustan Petroleum Corporation Limited and Bharat Petroleum Corporation Limited have proposed to set up the four new refineries completion of which is likely to spill over beyond the Tenth Five Year Plan The details of locations anticipated cost and progress of these refineries are given in the Statement (See below)

In addition Oil and Natural Gas Corporation Limited (ONGC) through its subsidiary Mangalore Refinery and Petrochemicals Limited (MRPL) have initiated efforts to consider setting up an export-oriented refinery in the coastal belt of Andhra Pradesh near Kakinada ONGC MRPL are also exploring the feasibility of setting up a well-head refinery


171

Statement Details of New Oil Refineries

Name of the Location of the Installed capacity Anticipated Progress made

oil company refinery (in million metric tonnes per annum)

cost of the project (Rs in crores)

Indian Oil Abhayachandrapur 1500 2700000 Detailed Feasibility Report is under approval 3347

Corporation Paradip (Orissa) acres of land have been acquired for the project Limited IOCL have incurred an expenditure to the tune of Rs

60946 crores against land development construction of approach road connecting refinery to NH-5A bridges over Santra Creek Boundary Wall site Office and Canteen Building etc

Hindustan Bathinda (Punjab) 900 980600 HPCL has signed a Letter of Intent with British Petroleum bull Petroleum for jointly promoting the project Detailed Corporation discussions and joint evaluation of project Limited (HPCL) feasibility study are in progress and a joint venture

agreement are expected to be signed shortly

Bharat Bina(Madhya 600 635400 A revised refinery configuration study has been Petroleum Pradesh) completed and on attaining financial closure and Corporation receipt of approval from the Board the project will Limited(BPCL) be taken up for implementation and would be completed

in 48 months from the zero date BPCL Lohagara Allahabad

Uttar Pradesh 700 618000 The progress of the project is linked to Bina Refinery

Project Therefore once Bina Refinery Project Implementation reaches an advanced stage of constructionscommissioning the time lines required for Lohagara refinery Implementation would be worked out more realistically and implementation taken up thereafter

Integrated with Petro-chemical units for the production of Paraxyiene Polyproylene and styrene Including Petrochemicals Complex


in Rajasthan Timelines for these projects can be worked out only after completion of the detailed techno-economic feasibility study of the projects and once the investment decision is firmed up

Shortage of Kerosene

2232 SHRI A VIJAYARAGHAVAN Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether any action has been taken to increase the kerosene supplies and to control the massive price increase due to shortage of kerosene as on today

(b) if so the details including the quantity of kerosene supplied to States for curbing the shortage and the present price of per litre kerosene as on today State-wise and

(c) the steps taken to ensure adequate supply of kerosene through public distribution system to overcome the shortage and the quantity of kerosene provided to various States to overcome the shortage as on today State-wise

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (c) PDS kerosene has been allocated to StatesUTs on a historical basis In accordance with the policy adopted by the Government of India in 2000 Kerosene (SKO) allocation for distribution under the Public Distribution System (PDS) was reduced every year beginning 2001-02 till 2003-04 taking into account the number of LPG connections released in each StateUnion Territory While the initial allotment for 2004-05 was based on the criteria adopted hitherto additional allocations were made during the year to meet urgent emergent demand For the year 2005-06 allocations have been maintained at the level of 2004-05 including additional allocations made during that year Details of State-wise allocation of SKO for distribution under PDS for the year 2005-06 is given in the enclosed statement (See below)

The price of kerosene differs from State to State based on the freight octroi sales tax etc

With a view to assessing the genuine demand requirement of kerosene in different StatesUTs the Government commissioned in December 2004 the first-ever comprehensive study of the subject through the National Council for Applied Economic Research (NCAER) NCAER

173


have submitted their report in October 2005 It is being examined with a view to rationalizing the allocation of PDS kerosene amongst StatesUTs

Effective 2nd October 2005 Government launched the Jan Kerosene Pariyojana as a pilot project in 417 blocks covering 23 States and one Union Territory for a period of six months with a view to strengthening and streamlining the infrastructure for kerosene distribution and involving the Gram Sabhas and Gram Panchayats and State Panchayati Raj Institutions in the supervision of PDS kerosene distribution so as to ensure that entitled beneficiaries actually receive their entitlement and diversion to adulteration and black-marketing is capped reversed and eventually eliminated The pilot project is being concurrently evaluated by NCAER and on the basis of the experience gained Government will determine the possibility and desirability of extending the Pariyojana to cover all blocks in the country

Statement

Allocation made during the year 2005-06

(Figures in MTs) Name of StatesUTs Quantity Allocated

Andaman amp Nicobar Islands 5816

Andhra Pradesh 517158

Arunachal Pradesh 9257

Assam 258007

Bihar 647430

Chandigarh 13067

Chattisgarh 146938

Dadra amp Nagar Haveli 2782

Daman and Diu 2118

Delhi 168484

Goa 19212

Gujarat 743759

Haryana 145619

Himachal Pradesh 50537

Jammu and Kashmir 76044

Jharkhand 211175

Karnataka 461478

Kerala 216308

174


Name of StatesUTs Quantity Allocated

Lakshadweep 795

Madhya Pradesh 488609

Maharashtra 1276876

Manipur 19907

Meghalaya 20401

Mizoram 6217

Nagaland 13312

Orissa 314977

Pondicherry 12257

Punjab 237192

Rajasthan 398913

Sikkim 5582

Tamil Nadu 558929

Tripura 30832

Uttar Pradesh 1241772

Uttaranchal 89849

West Bengal 752103

TOTAL 9163712

Exploration of Natural Gas in Tripura

2233 SHRIMATI LAL SARKAR Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) the quantity of natural gas that is explorable for consumption all over the country State-wise

(b) the quantity of natural gas now being used every day on the average in the State of Tripura

(c) the quantity that will be consumed by the proposed Palatana and Monarchak Thermal projects everyday on the average

(d) whether there is any assessment of further exploration of natural gas in newer areas of the State of Tripura

175


(e) whether it is a fact that some of the reservoirs of the State of Tripura are extended to the Bangladesh also and

(f) if so how to arrest the flow

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) The reserves of natural gas established State-wise are as under-

State Reserves (Billion Cubic Metre)

Andhra Pradesh 4228


Gujarat 8949

Nagaland 012

Rajasthan 412

Tamil Nadu 2957

Tripura 2783

Total for onland 19629

(b) The quantity of natural gas being produced and supplied in Tripura is 131 Million Metric Standard Cubic Metre Per Day (MMSCMD) (average for April 2005 to September 2005)

(c) For the Palatana Power Project Oil and Natural Gas Corporation Ltd (ONGC) will be supplying 30 MMSCMD gas on an average starting from in 1st quarter of 2008

For Monarchak Gas Authority of India Limited (GAIL) has allocated 1 MMSCMD gas during the current financial year 2005-06

(d) ONGC is pursuing exploration for hydrocarbons in three nomination acreages and one block under the New Exploration Licensing Policy-Ill (NELP-III) In addition one more block has been awarded under NELP-IV to a consortium of GAIL and Enpro Finance Limited

(e) Based on current exploration results there is no indication of the reservoir extending into Bangladesh

(f) Does not arise in view of (e) above

176


ONGC under Government Control

2234 SHRI DATTA MEGHE WOI the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether the Oil and Natural Gas Corporation (ONGC) enjoys the status of a Navratna company

(b) if so the details thereof and the privileges enjoyed by it being a Navratna company

(c) whether in a letter dated November 7 2005 his Ministry has asked the Department of Public Enterprises to review the ONGCs Navratna status and revert the company under full Government control and

(d) if so the details thereof and the reasons therefor


(b) The privileges enjoyed by Navratna companies are detailed in the guidelines issued by the Department of Public Enterprises on the 22nd July 1997 as amended from time to time

(c) and (d) ONGC have not concluded their MOU with the Government for the year 2005-06 As the Ministry are of the view that a signed draft submitted by ONGC is not entirely in accordance with the recommendations of the Task Force constituted by the DPE for this purpose DPE have been apprised of the position and their advice sought on further action There is no proposal to review ONGCs Navratna Status

Waiver of Tax dues of Oil Refineries

2235 SHRI MANOJ BHATTACHARYA Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether Government have taken a decision to waiver-off tax dues from the oil refifring majors like IOC BPCL and others and also Reliance Industries and

(b) if so the details thereof and the reasons therefor

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) No Sir However in order to facilitate the smooth transition from Administered Pricing Mechanism

177


(APM) to market determined pricing regime the Government had notified The Irrecoverable Taxes Compensation Scheme 2002 The above scheme was valid only for the year 2002-03 A proposal to extend the validity of the scheme for the year 2003-04 is being examined by the Government

Use of Kerosene for Commercial Purpose

2236 SHRI TS BAJWA Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether it is a fact that Kerosene oil is used in automobilies that cause shortage of kerosene oil for domestic uses

(b) if so the reasons therefore

(c) whether any proposal is under the consideration of Government to reduce the use of Kerosene oil for the commercial purpose and


THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANISHANKAR AIYAR) (a) to (b) Kerosene is sold as subsidized product through the PDS system outside PDS allocations there is free sale kerosene PDS kerosene is allocated by the Government of India to the StatesUnion Territories for distribution

Government are aware of attempts by unscrupulous persons to divert PDS kerosene for adulterating transportation fuels Such attempts are largely driven by the substantial price difference between kerosene and transportation fuels

(c) to (d) There is no proposal under the Governments consideration to reduce the use of Kerosene oil for the commercial purpose However Government takes punitive action against those indulging in diversion of PDS kerosene to unauthorized use for commercial purposes including adulteration GovernmentPublic Sector Oil Marketing Companies (OMCs) take action under the following provisions-

(i) In accordance with the Control Orders issued by the Government under the Essential Commodities Act 1955 to prevent fuel adulteration State Governments are empowered to take action against those indulging in adulteration Government have repeatedly urged State GovernmentsUnion Territory Administrations to step up inspectionssurprise checks to ensure

178


that adulteration related activities are minimized and to exercise vigilconduct inspections at various private firms factories processing units etc under their jurisdiction to identity the perpetrators of adulteration and take stringent action against them within the available legal framework

(ii) OMCs undertake regular and surprise inspections of Retails Outlets and also take action under Marketing Discipline Guidelines (MDG) and Dealership Agreements against those indulging in adulteration and malpractices MDG provide for penalty of termination of dealership in cases of adulteration being established

Besides the measures already in place effective 2nd October 2005 Government launched the Jan Kerosene Pariyojana as a pilot project in 417 blocks covering 23 States and one Union Territory for a period of six months with a view to strengthening and streamlining the infrastructure for kerosene distribution and involving the Gram Sabhas and Gram Panchayats and State Panchyati Raj Institutions in the supervision of PDS kerosene distribution so as to ensure that entitled beneficiaries actually receive their entitlement and diversion to adulteration and black-marketing is capped reversed and eventually eliminated The pilot project is being concurrently evaluated by NCAER and on the basis of the experience gained Government will determine the possibility and desirability of extending the Pariyojana to cover all blocks in the country It is hoped this will lead to a significant breakthrough in the delivery of subsidized SKO to the entitled segments of society and thus contribute to the curbing of diversion for adulteration

Black Marketing of Kerosene in Uttar Pradesh

dagger2237 DR CHHATTRAPAL SINGH LODHA Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether Government are aware of black marketing of kerosene in public distribution system and mixing of kerosene in diesel and petrol pumps

(b) the quantity of kerosene being supplied by Government under public distribution system district-wise StateUT-wise


179


(c) the steps being taken by Government to prevent the adulteration in diesel and petrol and

(d) the details of the action taken by Government against black marketing of kerosene and selling of adulterated petrol and diesel in the district of Bulandshahar in Uttar Pradesh

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) The possibility of adulteration of petroldiesel by some unscrupulous elements cannot be ruled out due to huge price difference between petroldiesel and various adulterants available in the market and the easy miscibility of these products with petroldiesel As per a recent study conducted by the National Council of Applied Economic Research to assess the genuine demand and requirement of kerosene siphoning off of kerosene from PDS to non-household use is estimated as 181 per cent of total sale of PDS kerosene

Kerosene has been allocated to StatesUTs on a historical basis for further distribution under the Public Distribution System network Details of State-wise allocation of SKO for distribution under PDS for the year 2005-06 given in the enclosed statement (see below)

(c) The GovernmentPublic Sector Oil Marketing Companies (OMCs) have taken the following steps to contain the menace of adulteration


(ii) OMCs undertake regular and surprise inspections of Retail Outlets and also take action under Marketing Discipline Guidelines (MDG) and Dealership Agreements against those indulging in adulteration and malpractices MDG provide for

180


penatly of termination of dealership in cases of adulteration being established

(iii) As advised by the Government Oil Marketing Companies (OMCs) have created a separate wing to report to a Director other than Director (Marketing) which will oversee and monitor all activities and operations to curb adulteration and specify norms and guidelines in this regard


(v) OMCs have introduced new tamper proof tank-truck locking systems to prevent enroute adulteration by transporters

(vi) Information Technology (IT) solutions like monitoring movement of tank trucks through global Positioning System (GPS) and monitoring level of fuel tanks in Retail Outlets through retail automation are being instroduced


(viii) Effective 2nd October 2005 Government launched the Jan Kerosene Pariyojana as a pilot project in 417 blocks covering 23 States and one Union Territory for a period of six months with a view to strengthening and streamlining the infrastructure for kerosene distribution and involving the Gram Sabhas and Gram Panchayats and State Panchayati Raj Institutions in the supervision of PDS kerosene distribution so as to ensure that entitled beneficiaries actually receive their entitlement and diversion to adulteration and black-marketing is capped reversed and eventually eliminated The pilot project is being concurrently evaluated by NCAER and on the basis of the experience gained Government will determine the possibility and deesirability of extending the Pariyojana to cover all blocks in the country


(d) Government Oil Marketing Companies (OMCs) undertake regularsurprise inspection of SKO dealersRetail Outlets (ROs) to detect

181


irregularitiesmalpractices OMCs have reportedly detected no case of black-marketing (overcharging) of kerosene in the district of Bulandshahar in Uttar Pradesh However during April-Sept 2005 BPCL have detected one case of High Speed Diesel (HSD) sample failure in district Bulandshahar in Uttar Pradesh and taken action as per the provisions of Marketing Discipline Guidelines (MDG)

Statement


(figures in MTs) Name of StateUT Quantity Allocated




Assam 258007

Bihar 647430

Chandigarh 13067

Chhattisgarh 146938


Daman and Diu 2118

Delhi 168484

Goa 19212

Gujarat 743759

Haryana 145619



Jharkhand 211175

Karnataka 461478

Kerala 216308

Lakshadweep 795


Maharashtra 1276876

Manipur 19907

182


Name of StateUT Quantity Allocated

Meghalaya 20401

Mizoram 6217

Nagaland 13312

Orissa 314977

Pondicherry 12257

Punjab 237192

Rajasthan 398913

Sikkim 5582

Tamil Nadu 558929

Tripura 30832


Uttaranchal 89849

West Bengal 752103

TOTAL 9163712

Discussion on Supply of Petroleum Products

dagger2238 SHRI SHARAD YADAV Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether it is a fact that talks by Government are going on with other countries for supply of petroleum and natural gas


(c) the names of countries with whom talks held so far and

(d) the decisions taken by Government in consequence of the above talks

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (d) In keeping with the objectives of the Energy Security section of the National Common Minimum Programme ONGC Videsh Limited (OVL) as well as other national oil companies such as IOC OIL and GAIL have been pursuing the acquisition of equity oil abroad and oil and gas exploration acreages and producing properties These companies have participating interests in oil and gas projects located


183


in Vietnam Sudan Russia Nigeria Sao Tome Principe JDA Iraq Iran Myanmar Libya Syria Australia Ivory Coast Cuba Qatar and Egypt

India is also pursuing the import of natural gas from Iran through an onland pipeline via Pakistan and from Myanmar through an onland pipeline via Bangaldesh India has also expressed an interest in considering participation in the Turkmenistan-Afghanistan-Pakistan pipeline

Oil PSUs enter into term contracts for the supply of crude oil with the National Oil Companies of Saudi Arabia Kuwait Iraq Iran UAE Malaysia Nigeria Brunei and Libya

For extending guidance and advice to Indian oil companies in their efforts to acquire equity oil abroad Government have constituted an Advisory Committee on Oil Diplomacy for Energy Security comprising experts with specialized knowledge of the countries and regions with whom the oil companies are expected to interact

Private Companies in Gas Transmission Projects

2239 SHRIMATI VANGA GEETHA Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether Government have allowed private companies to lay gas transmission lines


(c) whether Government have set up an expert group to study international experience in building gas pipeline and


THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) Gas Pipelines in the country have been laid and are being laid by the companies on commercial considerations The gas pipeline network is proposed to be laid in a competitive environment with participation from both the public and private sectors Besides GAIL a public sector undertaking under the administrative control of this Ministry at present Gas Transportation and Infrastructure Company Ltd (GTICL) and Gujarat State Petroleum Corporation Ltd (GSPCL) also propose to lay gas pipelines in the country

(c) No Sir

(d) Does not arise in view of reply to (c) above

184


Representation on Kerosene and LPG

2240 SHRI R KAMARAJ Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether Government have received a proposal from All India Democratic Womens Association to reduce the price on Kerosene and LPG


(c) whether it is also a fact that the said Association demanded to enhance the supply of kerosene and LPG and

(d) if so the steps taken in this regard

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) The All India Democratic Womens Association (AIDWA) have urged the Government not to raise the prices of kerosene and domestic LPG AIDWA have also requested the Government to take appropriate measures to overcome the shortage of domestic LPG amp kerosene to take preventive measures to check black-marketing taking strict action against black-marketers and hoarders ensuring proper supply of kerosene through ration shops and setting up monitoring committees including representatives from womens organisations for efficient functioning of the distribution system

(c) Yes Sir

(d) The Minister has held detailed personal meeting with the office-bearers of AIDWA to explain to them the steps being taken in this regard

Briefly LPG requirements are met by a combination of domestic production and imports Though in the recent past there was temporary shortage of LPG in September 2005 on account of various factors including the shutdown of RILs refinery Government has taken number of steps to meet the requirements of domestic LPG through a combination of inventory management and imports to over-come the shortage Also the production of LPG in RILs refinery has

185


been restored from 1st December 2005 and the supply situation is getting normalized

With a view to strengthening the kerosene distribution system so that PDS kerosene is made available to the consumers at the right price and diversion is checked the Government have also launched the Jan Kerosene Pariyojana as a pilot project in 420 blocks in the country effective 2nd October 2005 The project involves strengthening the system of transporting kerosene from OMC depots to PDS fair price shops the distribution infrastructure at the block and sub-block levels and the involvement of Panchayati Raj Institutions and Gram Sabhas in monitoring the distribution of PDS kerosene

Allotment of petrol pumps in Himachal Pradesh

2241 SHRI SURESH BHARDWAJ Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether petrol pumps were allotted by Public Sector Undertakings of oil sector during the period from March 2004 to 31st December 2005

(b) if so the details thereof State-wise and

(c) whether oil PSUs allotted petrol pumps to individuals in State of Himachal Pradesh and if so the details thereof

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) to (c) Yes Sir During the period March 2004 to November 2005 public sector oil marketing companies (OMCs) namely Indian Oil Corporation Limited (IOC) Hindustan Petroleum Corporation Limited (HPC) Bharat Petroleum Corporation Limited (BPC) and IBP Co Limited (IBP) have allotted 7799 retail outlet (RO) dealerships (petrol pumps) in different StatesUnion Territories in the country including 151 ROs in the State of Himachal Pradesh These OMCs plan to allot another 596 ROs in the country including 4 ROs in the State of Himachal Pradesh in the month of December 2005 OMC-wise break-up of these allotments is given below The State-wise details of these allotments are available with the Director (Marketing) of the OMCs concerned

186


OMC No of ROs allotted during March 2004 to November 2005

In the country In the State as a whole of Him achat

Pradesh

No of ROs proposed to be allotted during December 2005

In the country In the State as a whole of Himachal

Pradesh

IOC HPC BPC IBP

3601 2021 1542 635

74 22 34 21

159 357

80 0

0 4 0 0

Total 7799 151 596 4

LNG Terminals

2242 SHRI PRAMOD MAHAJAN Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) the number of LNG terminals which are operating in the country

(b) how many are in offing and

(c) what is the status of Ratnagiri (Maharashtra) terminal

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) At present there are two LNG terminals in the country Ms Petronet LNG Limited (PLL) a joint venture company promoted by IOC BPCL GAIL amp ONGC have commissioned a 5 MMTPA(million metric tonne per annum) LNG terminal at Dahej Gujarat in April 2004 Ms Shell have commissioned a 25 MMTPA LNG terminal at Hazira Gujarat in April 2005

(b) Ratnagiri LNG terminal in Maharashtra is Mely to be commissioned in 2006 PLL have also initiated action for setting up an LNG terminal at Kochi Kerala which is likely to be commissioned in the last quarter of the year 2009 IOC and ONGC are planning LNG terminals at Ennore Tamil Nadu and Mangalore Karnataka respectively

(c) Ratnagiri LNG terminal is about 75 complete The terminal is tentatively scheduled for commissioning in 2006

Decline in exploration of oil by ONGC

dagger2243 SHRI KRIPAL PARMAR Will the Minister of PETROLEUM AND NATURAL GAS be pleased to state


187


(a) the places where exploration of oil is being done by ONGC in the country

(b) the details of the progress made during the last three years

(c) the names of private companies and dates from which they were with the work of exploring oil and the extent of success achieved by them

(d) whether it is a fact that there has been decline in the exploration of oil by ONGC and

(e) if so the reasons therefor

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) and (b) ONGC is carrying out exploration for hydrocarbons in its acrease in onland areas in the states of Andhra Pradesh Assam Tripura Mizoram Gujarat Rajasthan Tamil Nadu Uttar Pradesh Himachal Pradesh Jammu and Kashmir West Bengal Madhya Pradesh and in offshore areas off the east and west coast of India including the Andaman sea

During the last three years (2002-05) ONGC had acquired as on 1102005 44862 GLKLK of 2 D and 53975 sq km of 3D seismic data and has drilled 432 exploratory wells against the X plan (2002-07) target of acquisition of 35286 GLKLK of 2D 34834 sq km of 3D seismic data and drilling of 561 exploratory wells both in onland and offshore areas Due to its exploratory efforts ONGC has made 16 hydrocarbon finds which include ten oiloil and gas finds and six gas finds

(c) Details of exploration efforts made by Pvt CompaniesJVs (Joint venture) currently operating in the PSC regime are as undermdash

Name of the Date from Exploratory efforts No of

Com Company which exploration initiated effective

Oilgas discovery

PEL date 2D API 3D API Wells LKM sq km

RIL 662000 45299 34011 33 19

Cairn 1551995 15099 2552 91 20 Energy India Ltd GSPCL 1242000 0 1611 11 3

188


Name of the Cony Company

Date from which exploration initiated effective PEL date

2D API LKM

Exploratory efforts 3D API Wells sq

Km

III Essar Oil Ltd Niko Resources Ltd

1671998

2391994

962

113

35

641

4

19

1 2

Premier Oil

3061998 351 0 1 0

Canoro Resoruces Ltd

1921999 157 0 1 0

Gazprom Enpro Finance

30102000 742004

2108 2227

530 278

0 0 0

fl

1242000 422003

201 0 171 50

3 0

mdash

(d) ONGC is implementing its X-Plan exploration programme in its acreages and as such there is no decline in activities

(e) Does not arise in view of the above

Provision of PNG

2244 SHRI VEER SINGH WW the Minister of PETROLEUM AND NATURAL GAS be pleased to state

(a) whether Government have provided PNG connections for domestic use in Sector 12 RK Puram New Delhi

(b) whether the meters for the connection have been installed inside the house in multi-storeyed houses and outside the single-storeyed houses

(c) if so whether it was according to the plan and if not the reasons for following different parameters in installing meters

189


(d) whether Government would install the same inside the house keeping security and safety in mind if so the details thereof and if not the reasons therefor and

(e) by when all the houses in single storeyed houses which are damaged due to this connection will be repaired

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKAR AIYAR) (a) As on date out of the 924 houses allotted by CPWD for PNG connection in Sector-12 in RK Puram New Delhi IGL have provided PNG connections to about 300 houses For the remaining houses work is in progress and would be completed by the end of January 2006

(b) Yes Sir

(c) IGL generally installs meters inside the multistoried flats This is because of the reasons that the GI pipes carrying gas is taken through shaft of the multistoried building and is branched off to the individual flats This is the preferred option from aesthetic point of view also This also takes care of the space constraints in case the GI pipe is taken from staircase side In addition if the meters are installed at the ground floor of the multistoried building for all the flats then individual GI pipes carrying gas is required to be taken for every flat

Not only this will lead to additional cost to be borne by the individual flat owner but staircase area which will not be good from aesthetic point of view

In the case of the single storied house IGL can fix the meter either inside the house or outside the house However IGL has been following the practice of installing it outside the hosue

(d) Security and safety of the residents are kept in view with regard to location of the meter In cases where meters are installed inside the person who goes for meter reading carried an Identity Card authorized by IGL In addition for PNG supply every resident is aware of the telephone number of the PNG Control Room which they can always call for any clarification

(e) IGL contractors do not damage the houses for providing the PNG connections It is necessary to drill holes to take the GI pipes inside and also fix clamps for holding pipe on the wail for taking PNG supply

190


near the kitchen owner However everthing is repaired and restored to the satisfaction of the house owner as soon as PNG connection is completed

Price of natural gas

2245 SHRI K RAMA MOHANA RAO SHRI RAMA MUNI REDDY SIRIGIREDDY


(a) the details of mechanism in fixing the sale price of natural gas

(b) the prices of natural gas during the last two years month-wise

(c) whether it is a fact that there is no market regulator in place to determine gas prices

(d) whether any request from the States received to set up market regulator so as to fix price for natural gas instead of depending on the market forces


(f) the action taken by Government in this regard

THE MINISTER OF PETROLEUM AND NATURAL GAS (SHRI MANI SHANKARAIYAR) (a) The price of gas produced byONGC and OIL from their existing nominated gas fields is administered by the Government Gas produced by Joint Venture (JV) fields and from NELP blocks is determined in terms of the Production Sharing Contracts (PSC) signed between the Government and the field operators

(b) The price of APM gas during 2003-04 and 2004-05 and up to 30 June 2005 during the current year was Rs 2850MCM except for the north-east region for which it was Rs 1700MCM Effective 172005 the gas price has been increased to Rs 3200MCM for region other than the north-east region and to Rs 1920MCM for the north-east region

(c) Yes Sir

(d) to (0 Government are proposing to set up a Petroleum amp Natural Gas Regulatory Board (PNGRB) under a Statute to regulate the refining processing storage transportaion distribution marketing and sale of petroleum petroleum products and natural gas excluding production of

191


crude oil and natural gas to protect the interests of consumers and entities engaged in specified activities relating to petroleum petroleum products and natural gas and to ensure uninterrupted and adequate supply of petroleum petroleum products and natural gas in all parts of the country and to promote competitive markets and for matters connected therewith or incidental thereto The draft PNGRB Bill is under the consideration of the Government The Transport and Mines sectors are not covered in the draft PNGRB Bill

Amount sanctioned to Chhattisgarh

dagger2246 SHRI DILIP SINGH JUDEV Will the Minister of TOURISM be pleased to refer to the answer to Unstarred Question 2947 given in the Rajya Sabha on 23rd August 2005 and state

(a) the reasons for not releasing the full amount by the Central Government sactioned for Chhattisgarh

(b) the actual amount demanded by the State Government during the above period

(c) the total amount lapsed during the above period year-wise and

(d) the details of the achievements made by spending the above amount

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKACHOWDHURY) (a) Ministry of Tourism sanctions central financial assistance for development of tourism infrastructure in various States including the State of Chhattisgarh in consultation with them While sanctioning these projects the first instalment of 30 of the sanctioned amount is released to start the work However from the year 2004-05 this limit has been increased to 80 The balance amount is released on submission of utilization certificate and other required documents as per guidelines

(b) Every year the projects are prioritized in consultation with the State Government under the following schemes

(1) Product Infrastructure and Destination Development

(2) Integrated development of Tourism Circuits

(3) Assistance for Large Revenue Generating projects


192


On receipt of the proposals complete in all respect they are scrutinized as per guidelines and are processed on the basis of inter-se-priority and funds released subject to availability under the respective head

(c) Does not arise

(d) Execution and implementation of the projects santioned by Ministry of Tourism is the responsibility of the State Government Funds released as on date for the last three years to Chattisgarh are as under-

(Rupees in lakhs) Year Sanctioned amount Released amount

2002-03 30800 24959

2003-04 100500 38940

2004-05 111794 88485

Development of infrastructure for adventure tourism

2247 SHRI BJ PANDA Will the Minister of TOURISM be pleased to state

(a) whether it is a fact that adventure tourism is fast picking up in our country and would be one of the biggest foreign exchange earner in times to come

(b) the present status of this industry and what is the action plan of Government to develop the required infrastructure as India is a perfect playing ground for a host of adventure sports like white water river rafting paragliding hot air ballooning skiing mountain biking etc and

(c) the position of Orissa in this sector

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) to (c) Yes Sir Ministry of Tourism extends Central Financial assistance to the State Governments Union Territories for the development and promotion of tourism projects including adventure tourism on the basis of proposals received from them subject to availability of funds and inter-se priorities Assistance is given to StateUTs to enable them to put up infrastructural facilities and procurement of equipment for activities such as white water river rafting

193


paragliding hot air ballooning skiing mountain biking etc Most of the States have identified locations for development of Adventure tourism depending upon their natural wealth The Himalayan States Coastal areas Hilly areas Deserts of Rajasthan Desert of Ladakh National Parks and Sanctuaries are some of the potential areas for development of Adventure tourism The New National Tourism Policy acknowledges the critical role of the private sector with Government working as a proactive facilitator and catalyst for development of tourism including adventure tourism

Development of historical and mythological places in Buxar

dagger2248 SHRI BASHISTHA NARAIN SINGH Will the Minister of TOURISM be pleased to state

(a) whether Government have recently sanctioned some funds for the development of infrastructural facilities in Buxar town of Bihar in view of its historical and mythological importance


(c) the scheme of Government to attract tourists at Buxar in view of its immense tourism possibility

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) and (b) No Sir

(c) Development and improvement of tourism infrastructure is primarily the responsibility of the State GovernmentUTs Ministry of Tourism Government of India extends financial assistance to the State GovernmentsUTs including Bihar for tourism related projects which are identified in consultation with the State concerned every year under the following schemesmdash

1 Integrated Development of Tourist Circuits

2 ProductInfrastructure and Destination Development

3 Assistance for Large Revenue Generating Projects

Ministry of Tourism is also promoting the places of tourist interests spots through its 20 India tourism officers located in India 13 abroad and through the Incredible India campaign as well as publicity through print and electronic media etc


194


Survey on potential places for Tourism

2249 DR K MALAISAMY Will the Minister of TOURISM be pleased to state

(a) whether an overall survey of our country was made to identify the potential places and their locations for tourism

(b) if so what is the programme of their development

(c) whether it is a fact that even in prominent places of tourism basic amenities like toilet water supply resting places food facilities wheel chairs cloak room suggestion note books gift shops parking area etc are lacking and

(d) what action Government propose to take in this regard

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) and (b) The Ministry of Tourism had commissioned 20 Year Perspective Plan for the States inter-alia with the objective of identifying the potential tourist places in the States As development of potential tourist destinations is primarily the responsibility of the StateUT Governments the Plans were sent to States UTs for preparation of their development plans accordingly

(c) and (d) The Perspective Plans have given an action plan for development of tourism in the States over a period of 20 years which include providing basic facilitiesamentities like toilets water supply parking areas etc The Ministry of Tourism also provides financial assistance to States for specific projects which are prioritized in consultation with them every year These include projects for providing basic facilities at tourist places

Allocation of funds for Sharine of Khawaja Moinuddin Chishti in Ajmer

dagger2250 DR PRABHA THAKUR Will the Minister of TOURISM be pleased to state

(a) whether Government are aware that world fame Shrine of Khwaja Moinuddin Chishti is situated in Ajmer where millions of people from all over the country and world visit for prayer


195


(b) whether the surrounding area as well as the approach roads to this shrine require proper maintenance cleanliness and beautification in order to maintain the significance and holiness of this world fame Shrine of Khwaja Garib-Nawaj

(c) if so the total amount allocated by the Central Government to the State Government during the last three years or the amount proposed to be allocated for this purpose and

(d) if no amount allocated the reasons therefor

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) Yes Sir

(b) Development maintenance cleanliness and beautification of surrounding area of the pilgrim places including approach roads is the responsibility of the State concerned

(c) and (d) Ministry of Tourism Government of India extends Central financial assistance to the State GovernmentsUTs for development of tourism on the basis of projects identified in consultation with them every year for providing financial assistance under the schemes Integrated Development of Tourist Circuits ProductInfrastructure and Destination Development and Large Revenue Generating Projects Details of projects sanctioned for Ajmer during the year 2003-04 are as undermdash

(Rs in lakh)

Tourism centre in China


(a) whether it is a fact that India proposes to open a tourism centre in China to tap its huge potential


196

SNo Name of Project Amount Sanctioned

1

2

Construction of Vishramsthali at Dargah Sharif at Ajmer 18700 Renovation of Vishramsthali at Pushkar Road Ajmer 6850


(c) the number of tourists from China who visited India during the first half of this year and the estimates for the next year which is-being marked as 2500 years of Lord Buddha as well as India-China Friendship ear

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) and (b) Aproposal for opening an office in China to tap the potential of the market is under consideration

(c)Atotal number of 19751 Chinese nationals arrived in India during the period January-June 2005 as compared to 15732 during January-June 2004 registering a growth of 255 Promotional activities are being undertaken to further augment tourist arrivals from China in the coming years

Development of tourism project in Kerala

2252 SHRI K CHANDRAN PILLAI Will the Minister of TOURISM be pleased to state

(a) whether proposals for projects pertaining to development of tourism have been received from the State Government of Kerala

(b) if so the details of the proposals submitted so far

(c) the details of projects cleared by the Centre alongwith funds released for each of these projects and

(d) the present status of these projects project-wise

THE MINISTER OF- STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) Yes Sir

(b) The following projects have been submitted by the Government of Kerala for grant of central financial assistance

(1) Revitalization of Munnar Town

(2) Development of Thekkinkad Maidan Thrissur

(3) Development of Anakkottil Guruvayoor

(4) Development of Beach Circuit

(5) Development of Golf course at Nedumbassry under Large Revenue Generating scheme

197


(6) Malabar Travel Mart

(7) Onam Festival

(8) Elephant festival

(9) Development of Tribal village Nellar Chal Wayanad

The project proposals complete in all respect as per guidelines are processed on inter-se-priority basis and funds released subject to availability under the respective head

(c) The following projects have been sanctioned till date for development of tourism in Kerala

(d) Project proposals received complete in all respect are

processed on the basis of inter-se-priority basis and funds released subject to availability under the respective head However execution and implementation of projects sanctioned by the Ministry of Tourism is the responsibility of the State Government of Kerala

Connectivity for tourist spots

2253 SHRI EM SUDARSANA NATCHIAPPAN Will the Minister of TOURISM be pleased to state

(a) whether Government are aware that there are various tourist spots in different parts of the country which do not attract many tourists due to lack of proper connectivity


198

Sr NoName of the Project Sanctioned amount (Rupees in lakhs)

1 Development of Beach Circuit 79800

2 Development of Thekkinkad Maidan Thrissur 48900

3 Integrated developed of Golf Course amp Country club at the Cochin

International Airport Kerala under Large Revenue Generating

scheme

100000

4 Integrated development of Alappuzha Heritage town as tourist circuit 80000

5 Development of Based Marketing tools for Kerala (IT project) 1400


(c) what steps are being taken by Government to get these places connected to main stream areas

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) to (c) The Ministry of Tourism has emphasized with the State Governments on the need for improving connectivity to major tourist centres The States have also been advised to send proposals for such connectivity to the Ministry of Road Transport amp Highways for funding under their scheme of Central Road Fund In addition Ministry of Road Transport amp Highways has also been requested for improving the national highways connecting to major tourist centres in the country

Development of tourist spots in Himachai Pradesh

dagger2254 SHRI SURESH BHARDWAJ Will the Minister of TOURISM be pleased to state

(a) whether the State Government of Himachai Pradesh has submitted any schemes for the development of tourist spots during the years 2004-05 and 2005-06 to the Central Government


(c) the number of schemes sanctioned during the said period and the amount released to the State Government and

(d) the progress made in these schemes so far

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) to (c) Development and promotion of tourism is primarily the responsibility of the State GovernmentsUT Administrations Ministry of Tourism Government of India extends financial assistance to the State GovernmentsUTs for tourism related projects which are identified in consultation with them every year for providing financial assistance under the schemes Integrated Development of Tourist Circuits ProductInfrastructure and Destination Development and Large Revenue Generating Projects Project proposals that are complete in all respect are processed on the basis of their inter-se priority and funds released subject to their availability under the respective Head


199


The details of financial assistance sanctionedreleased for tourism related projects to the Government of Himachal Pradesh during the years 2004-05 and 2005-06 are as undermdash

(Rs in lakhs) SI No

Name of Project Amount Sanctioned

Amount Released

2004-05

1 Restoration amp Revitalization of Heritage Hotel Castle Nagar (District Kullu) and Place Hotel Chail (District Chail)

50000 40000

2 Integrated Development of Tourist Circuit Shimla 80000 64000

3 Development of Kangra Circuit 80000 64000

4 Development of Sirmour as Tourist Destination 50000 40000

5 GOI-UNDP Endogenous Tourism Project at village Naggar in Kullu District

2000 1600

6 Upgradation of Website production of CD-ROMS and VCDs 2000 1600

7 Kullu Dussehra 2004 500 500

8 Shimla Summer Festival 2004 500 500

9 Tourism Conclave 2004 at Shimla 1500 1500

10 Paragliding Pre-World Cup 2004 at Bir Billing in Kangra Valley

2005-06

1500 1500

1 Construction of Tourist Reception Centre at Chauri Bihal Manali 3024 2400

2 Paragliding Pre-World Cup 2005 at Bir Billing in Kangra Valley 1500 1200

(d) Execution of the projects sanctioned under various schemes of the Ministry of Tourism is the responsibility of the State Governments UTs

Development of tourism centres in Karnataka

2255 SHRI JANARDHANA POOJARY Will the Minister of TOURISM be pleased to state

(a) whether the State Government of Karnataka has requested for financial assistance for the development of tourism centres in all districts of the State including providing of resting points on the National Highways

(b) if so the details in this regard and

200


(c) the Centres reaction thereto

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) and (b) Yes Sir The Government of Karnataka had submitted the proposals for the development of tourism centres in all districts at an estimated cost of Rs 61100 crores

(c) The following projects have been prioritized in consultation with the Government of Karnataka for grant of central financial assistance during 2005-06

(1) Destination development of Jog Falls

(2) Destination development of Mysore

(3) Bidar-Gulbarga-Bijapur-Pattadakkal tourist circuit

(4) Mangalore-Udippi-Kollur-Mohakmbakka tourist circuit

(5) Bangalore Habba Event

(6) Hampi festival

(7) Karavali Festival

The project proposals that were complete in all respect as per guidelies were processed on inter-se-priority basis The following projects have been sanctioned so far

(i) Destination development of Jog Falls in Shimoga for Rs 48252 lakhs

(ii) Destination development of Mysore for Rs 33271 lakhs

(iii) Development of Golf Club at Chikmagalur under Large Revenue Generating scheme for Rs 12000 lakhs

Night Bazar at Hyderabad

2256 SHRIMATI N P DURGA Will the Minister of TOURISM be pleased to state

(a) the details of tourists visited various States during the last two years year-wise and State-wise

(b) whether it is a fact that Government propose to set up Night Bazar at Hyderabad

201



(d) what is the concept of Night Bazar

THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) (a) Details of tourists visited various States during the last two years year-wise and State-wise is at enclosed Statement (see below)

(b) and (c) Under the prioritized scheme for Central Financial Assistance to the Government of Andhra Pradesh the scheme of Night Bazar at Shilparamam Hyderabad is included

(d) It is an attempt to provide a unique shopping experience as well as to preserve and nourish the traditional art and cultural forms of the country promoting sustainable tourism and providing a setting for enhancing the natural and cultural resources of the area

Statement

Domestic Tourist Visit during the years 2003 and 2004 SI No Name of the StateUT Year 2003 year 2004

1 Andhra Pradesh 74138729 89440272

2 Arunachal Pradesh 2195 4740

3 Assam 2156675 2288093

4 Bihar 6044710 8097456

5 Goa 1725140 2085729

6 Gujarat 7640479 7748371

7 Haryana 5903196 5399099

8 Himachal Pradesh 5543414 6345069

9 Jammu amp Kashmir 5748846 6881473

10 Karnataka 11175292 27194178

11 Kerala 5871228 5972182

12 Madhya Pradesh 5968719 8619486

13 Maharashtra 11272906 13392212

14 Manipur 92923 93476

15 Meghalaya 371953 433495

16 Mizoram 35129 38598

202


SI No Name of the StateUT Year 2003 year 2004

17 Nagaland 5605 10056

18 Orissa 3701245 4125536

19 Punjab 1150015 361568

20 Rajasthan 12545135 16033896

21 Sikkim 179661 230719

22 Tamil Nadu 40213060 42279838

23 Tripura 257331 260907

24 Uttaranchal 10835241 11720570

25 Uttar Pradesh 80020000 88360000

26 Chattisgarh 1256407 1897200

27 Jharkhand 398342 461486

28 West Bengal 11300763 12380389

29 Andaman amp Nicobar 85826 105004

30 Chandigarh 567259 599448

31 Daman amp Diu 447825 399800

32 Delhi 1430546 1866552

33 Dadra amp Nager Haveli 447825 532016

34 Lakshadweep 4604 3889

35 Pondicherry 500111 558445

TOTAL 309038335 366221248

provisional

Usage of scarce water resources

2257 DR KARAN SINGH Will the Minister of WATER RESOURCES be pleased to state

(a) whether World Bank has suggested prioritized sequenced and pragmatic path be followed to deal with issues concerning availability and usage of scarce water resources

(b) whether the World Bank water expert and country director of Brazil has pointed out that water was becoming a big issue

203


(c) if so whether they have suggested that India and Pakistan should think of jointly developing a major hydro-electric project in Jammu and Kashmir and should take up major dam projects in a big way and

(d) if so what steps Government propose to take to implement suggestions made by World Bank

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) Mr John Briscoe of the World Bank has recently prepared a draft Report titled Indias Water Economy Bracing for a Turbulent Future The report also includes suggestions for prioritized sequenced and pragmatic path to deal with issues concerning availability and usage of scarce water resources

(b) Yes Sir

(c) No Sir In the report there is no specific mention about development of major projects jointly by India and Pakistan in Jammu amp Kashmir

(d) Most of the issues are duly addressed in the National Water Policy and appropriate actions are taken in light of the present policies of the Union and the State Governments

Water disputes with neighbouring countries

dagger2258 SHRI RAJ MOHINDER SINGH MAJITHA DR MURLI MANOHAR JOSHI


(a) whether it is a fact that the river water disputes between India and its neighbouring countries are continuing for the last several years

(b) if so the names of the countries which are the parties of the said disputes with India

(c) the names of the rivers in dispute with each of the countries and

(d) the number of discussions held with each of the said countries o the said disputes so far

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) to (d) There are no


204


river water disputes between India and its neighbouring countries China Bhutan Nepal and Banglandesh pertaining to the rivers common to India and these countries Points of difference raised by Pakistan on the design of Baglihar Hydroelectric Plant on river Chenab in J amp K are under Expert Determination by a Neutral Expert from Switzerland appointed by the World Bank The Neutral Expert has so far held two meetings as well as a wrap up meeting at the conclusion of his site visit in India Various issues related to the common rivers of the neighbouring countries are however discussed in various joint meetings from time to time

Completion of Sutlej Canal

dagger2259 SHRI AJAY SINGH CHAUTALA Will the Minister of WATER RESOURCES be pleased to state

(a) the progress made in construction work of Sutlej canal in accordance with the directions given in Supreme Court in this regard

(b) the time likely to be taken for its completion and

(c) what steps Government propose to take regarding the losses and the problems being faced by farmers of Haryana due to non-distribution of water from Sutlej canal

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) The question presumably refers to the Sutlej Yammuna Link (SYL) Canal Pursuant to a Judgement amp Order dated 04062004 of the Honble Supreme Court directing Union of India to carry out its action plan for completion of the SYL Canal in Punjab territory a Central Agency was nominated to undertake the canal works An EmpoweredHigh Powered Committee was also set up to coordinate and facilitate early implementation of the decree mentioned in the Judgement amp Order dated 04062004 However the State of Punjab enacted the Punjab Termination of Agreements Act 2004 terminating all the agreements related to Ravi-Beas waters When Central Government was informed that any step taken in furtherance of the agreement of 31121981 would be against the legislative mandate of the Act a Presidential Reference regarding the said Act has been bull made outcome of which is awaited


205


(b) and (c) They are dependant upon the outcome of the above Presidential Reference

Interlinking of major rivers

dagger2260 SHRI RAM JETHMALANI SHRI RAJ MOHINDER SINGH MAJITHA


(a) whether it is a fact that the target of implementing the august plan of interlinking the basin water of major rivers of the country by linking the basins with one another and lastly connecting them with Cauvery basin by the year 2016 has been fixed


(c) the length of waterways required to be constructed to facilitate the flow of water to reach Cauvery basin

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) and (b) A Task Force on Inter-linking of rivers under the Chairmanship of Shri Suresh P Prabhu Member of Parliament Lok Sabha was constituted on 13122002 As per the milestone dates attached with the constitution of the Task Force the feasibility studies on the links and Detailed Project Report (DPR) were scheduled for completion by 31122005 and 31122006 respectively Also the Interlinking of Rivers (ILR) programme was scheduled for completion by the end of the year 2016 As a part of comprehensive assessment of inter-linking of rivers a presentation was made by Ministry of Water Resources on Interlinking of Rivers before Honble Prime Minister of October 11 2004 After the presentation a number of decision were taken including to pursue the programme of Interlinking of Rivers with focus on Peninsular Component in a fully consultative manner The implementation of the interlinking of rivers programme involves a no of crucial stages viz (i) Preparation of Feasibility Reports (ii) AgreementMOU among the states (iii) Preparation of Detailed project Reports (DPR) (iv) Tech no-economic appraisal (v) Investment clearance amp (vi) Funding the Project and is essentially dependent on the consensus and cooperation of the concerned States


206


(c) The approximate length of the link system to facilitate the flow of water from Mahanadi river to Cauvery river as per the feasibility reports prepared by the National Water Development Agency is estimated as 2050 Kilometer

Surplus water in the basin of major rivers

dagger2261 SHRI RAM JETHMALANI SHRI RAVI SHANKAR PRASAD


(a) whether it is a fact that during rainy seasons there is 30000 to 60000 cubic meter per second surplus water in the basins of major rivers like the Ganga Brahmaputra Mahanadi and Godavari in the country

(b) if so the details thereof and the quantum of surplus water in each of the above basin and

(c) the details regarding quantum of this surplus available water being utilized in each of the basins

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) and (b) About 75 of rainfall occurs during monsoon period (June to October) with a considerable part from a few spells of intense rainfall Owing to topographical and other constraints only limited water out of it is utilizable After carrying out studies National Water Development Agency (NWDA) has identified surplus river basins The quantum of annual surplus water available at 75 dependability after accounting for respective in basin water needs in the river basins in the ultimate stage of the development is as followsmdash River BasinDiversion Point Water balance at 75 dependability

(Million Cubic Metre (Mcum)

Himalayan Component

1 Ganga at Bhimgoda (-) 2327

2 Ganga at Narora (-) 1988

3 Ganga at Chunnar 9834

4

Brahmputra at Jogighopa 453297


207


River BasinDiversion Point Water balance at 75 dependability

(c) In studies of NWDA these surplus water are envisaged to be diverted to other water short basins in the country besides meeting irrigation domestic and industrial water needs enroute the link canals The quantum of diversions from the above river basins including enroute uses for irrigation domestic and industrial water needs are as follows

The figures are based on Preliminary studies so these are tentative and are to be firmed up at Detailed Project Report revel

Exploitation of ground water by soft drink companies


(a) whether any policy has been formulated by the Central Government for soft drink companies who are exploiting ground water extensively for their products


(c) whether any memoranda have been received by the Central Government from State Governments in this regard and

208

Peninsular Component

1 Godavari at Sri Ram Sagar Project (SRSP) (-) 10008

2 Godavari between SRSP and Inchampalli 20327

3 Godavari between SRSP and Polavaran 15020

4 Mahanadi upto Hirakud 12930

5 Mahanadi upto Manibhadra 15333

River BasinDiversion Point Quantum of diversion (Mcum)

Himalayan Component

1 Brahmputra 42825


1 Mahanadi 12220

2 Godavari 15020


(d) if so the details thereof and the steps taken by the Central Government in this regard

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) and (b) In order to regulate ground water withdrawal by industries including aerated drink manufacturers Central Ground Water Authority (CGWA) constituted under Environment (Protection) Act 1986 had circulated a list of critical areas to State Pollution Control Boards Ministry of Environment amp Forests etc which refer proposals of new industries to CGWA for obtaining No Objection Certificate (NOC) before issuing permission Depending upon the availability of ground water and site specific scientific considerations in such areas NOC is granted by the CGWA on case to case basis A pre-condition for such permission is the mandatory adoption of rain water harvesting system for ground water recharge by the industry

(c) No memoranda have been received by the Ministry of Water Resources from State Governments in this regard

(d) Does not arise

Non-Payment of Salaries to Employees of NPCC

dagger2263 SHRI JANESHWAR MISHRA Will the Minister of WATER RESOURCES be pleased to state

(a) whether Government are aware that thousands of field unit employees of National Project Construction Corporation (NPCC) who have not been paid their salaries and other payments for the last eighteen to twenty months

(by whether it is a fact that children of these employees have left their study in between due to non-payment of salaries to them

(c) if so what steps have been taken by Government to pay arrears of salaries to these employees of NPCC at the earliest and

(d) the steps Government would take to ensure regular payment of salary to these employees in future

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) to (d) Due to closure of some units of NPCC Limited disbursal of salary is pending for the last


209


3-22 months Ministry is not aware of any instance where children of NPCC Limited employee have left their studies in between due to nonpayment of salary An amount of Rs 1580 crores as a loan assistance has been allotted in BE 2005-06 (Non-Plan) to NPCC Limited to clear backlog of outstanding unpaid salarywages to its employees of non-performing units out which Rs 11 crores have been released so far Also Rs 1580 crores has been proposed in BE 2006-07 as loan assistance to clear backlog of outstanding unpaid salarywages to employees of NPCC Limited

Irrigation Facilities under Bharat Nirman Yojna

dagger2264 SHRI KALRAJ MISHRA Will the Minister of WATER RESOURCES be pleased to state

(a) whether Government have decided to provide irrigation facilities for the additional one crore hectare of land under Bharat Nirman Yojana


(c) whether Government have since received the action plans in this regard which was sought from various States and

(d) if so the details thereof including the details of amount expected to be spent on it

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) and (b) Creation of irrigation potential of one crore hectare over a period of four years is one of the components of Bharat Nirman programme which includes (a) 42 Million hectare (Mha) through completion of identified on-going major and medium projects (b) 28 Mha by minor irrigation schemes (c) 10 Mha by enhancing the utilization by extension renovation and modernization (ERM) of major amp medium projects (d) 10 Mha through repair renovation restoration of water bodies and ERM of minor irrigation schemes and (e) 10 Mha by new schemes for ground water development for irrigation in areas with unutilized ground water potential (primarily for benefit of small and marginal farmers and tribals and dalits)

(c) and (d) The Ministry of Water Resources requested the State Governments to furnish necessary details in respect of the identified irrigation projectsschemes proposed to be covered under Bharat Nirman


210


The State Governments have furnished preliminary assessment of the targets for creation of irrigation potential through identified projects schemes Information about State-wise preliminary assessment of targets received from State Governments is given in the enclosed statement

Statement

Information about State-wise preliminary assessment of targets received from State Governments in respect of Bharat Nirman Yojana

SI Name of State Irrigation potential Estimated Fund

No (000 Hectare) Requirement (Rs in

Crore)

1 Andhra Pradesh 460132 5105961 2 Arunachal Pradesh 2894 26133

3 Assam 4228 40226

4 Bihar 253194 798757

5 Chhattisgarh 38706 311539

6 Goa 2313 49957

7 Gujarat 1045 1954600

8 Haryana 13892 160785



11 Jharkhand 74202 492927

12 Karnataka 24779 1433657

13 Kerala 21422 182162

14 Madhya Pradesh 130000 955870

15 Maharashtra 184673 1717493

16 Manipur 9318 85705

17 Meghalaya 1493 6255

18 Mizoram 1096 9268 19 Nagaland 2531 14186

20 Orissa 62737 427352

21 Punjab 110297 442132

22 Rajasthan 100001 543974

23 Sikkim 990 2807

24 Tamil Nadu 2355 54664

25 Tripura 8617 97142

26 Uttar Pradesh 106547 388483

27 Uttranchal 7638 89893

28 West Bengal 10835 73003

211


Pending water projects from Punjab

dagger2265 SHRI DHARAM PAL SABHARWAL Will the Minister Of WATER RESOURCES be pleased to state

(a) whether some water projects of the Punjab are pending for approval with Government

(b) if so the reasons therefor and by when pending water projects of the State are likely to be cleared in the current year and

(c) by when these projects are likely to be implemented

THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) Out of 8 irrigation projects (6 major and 2 medium) received from the Government of Punjab 6 projects (5 major and 1 medium) are under various stages of appraisal and remaining 2 projects (1 major and 1 medium) have been accepted by the Advisory Committee of Ministry of Water Resources subject to compliance of certain observations The details of these 8 projects are in the Statement enclosed (See below)

(b) The time taken for investment clearance of projects depends upon the promptness with which the State Government arrange satisfactory compliance to the observations of Central appraising agencies

(c) Irrigation is a state subject and the projects are investigated planned formulated executed and funded by the State Governments themselves out of their own resources as per their priorties

Statement

Status of new water projects of Punjab under appraisal

Si Name of Major River District Date of Benefits Estt Status No Project Medium Basin Benefitted Receipt (Thousand

hectare) Cost (Rs Crore)

1 Punjab Major Ravi All districts 598 210891 114900 A

Irrigation amp Beas of Punjab Drainage Sutlej Project Ghaggar (Phase III)



SI Name of No Project

Major Medium

River Basin

District Benefitted

Date of Receipt

Benefits (Thousand

hectare)

Estt Status Cost (Rs Crore)

2 Sri Dashmesh irrigation Project

Major Anandpur Patiala Hydel Channel

22001 13000 647 A

3 Raising lining of Bhakra Main Canal

Major Sutlej 302 2669 A

4 Modified Project estimate of SYL canal Part-Ill

Major Siitlej Ropar Patiala

694 13000 19544 A

5 Rehabilitation 1st Patiala feeder and Kotla Branch

Major Sutlej Beas

Ludhiana Sangrur Barnala

1105 26549 10856 A

6 SYL Main Canal Part-I 7

8 Raising of LiningBank of Sirhind Feeder

Major

Medium

Medium

Sutlej Carrier Yamuna Channel Ferozpur Ferozpur Feeder Ravi Gurdaspur Amritsar amp Patiala

0994

52001

22000

8330 60125 B

137543 A

4902 B

A- Project under various stages of appraisal B-Accepted by the Advisory Committee of Ministry of Water Resources subject to certain observations

Development of ground water

2266 SHRI RAJKUMAR DHOOT Will the Minister of WATER RESOURCES be pleased to state

(a) whether it is a fact that the Central Ground Water Authority is responsible for regulation and control of ground water development and its management and

(b) whether the Authority has assessed the lowering of ground water level in various places in the country its causes and the measures needed for improving the level of ground water particularly in water scarce areas

213


THE MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) (a) Water being a State subject it is primarily the responsibility of the concerned State Governments to take steps for regulation and control of ground water development and its management However the Supreme Court of India vide its Order dated 10121996 had directed the Central Government to constitute the Central Ground Water Board (CGWB) as an Authority under Section 3(3) of the Environment (Protection) Act 1986 for the purpose of regulation and control of ground water management and development In pursuance of the orders of the Honble Supreme Court the Government have constituted the Central Ground Water Authority (CGWA) for the purpose of regulation and control of ground water management and development

(b) Ground water levels are periodically monitored by the CGWB as well as State Ground Water Organizations Lowering of ground water levels has been observed in various places in the country The main reasons for decline in ground water levels have been rapid pace of urbanization resulting in reduced natural recharge to aquifers increased demand for agriculture industrial and drinking purposes change in cropping pattern excessive withdrawal of ground water etc

With a view to effecting control on withdrawal of ground water the CGWA has notified 11 criticaover-exploited areas in the country A Model Bill has also been circulated to the StatesUnion Territories to enable them to enact suitable legislation for regulation and control of ground water development In addition steps have been taken to adopt artificial recharge and rain water harvesing measures which include circulation of manualguidelines on artificial recharge of ground water to the State GovernmentsUnion Territories Steps have also been taken for creation of mass awareness on water conservation by holding mass awareness and training programmes on rain water harvesting and artificial recharge of ground water Water conservation campaigns have also been launched keeping in view the various target groups like youth and children women farmers and villagers etc and publicity done through mass media etc

214


1200 NOON

PAPERS LAID ON THE TABLE

I Report and Accounts (2004-2005) of the Sambhar Salts Limited Jaipur and related papers

II Report and Accounts (2004-05) of the Heavy Engineering Corporation Limited Ranchi and related papers

III Report and Accounts (2004-05) of the National Bicycle Corporation of India Limited Mumbai and related papers

IV Report and Accounts (2004-05) of the Hindustan Salts Limited Jaipur and related Papers

V Report and Accounts (2004-05) of the Engineering Projects (India) Limited New Delhi and related papers

VI Report and Accounts (2004-05) of the Instrumentation Limited Kota and related papers

VII Report and Accounts (2004-05) of the Rehabilitation Industries Corporation Limited Kolkata and related papers

VIII Report and Accounts (2004-05) of the Andrew Yule a nd Company Limited Kolkata and related papers

IX Report and Accounts (2004-05) of the Automotive Research Association of India Pune and related papers

THE MINISTER OF STATE OF THE MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES AND MINISTER OF STATE OF THE MINISTRY OF WATER RESOURCES (SHRI SONTOSH MOHAN DEV) Sir I lay on the Table

A copy each (in English and Hindi) of the following papers under sub-section (1) of section 619Aof the Companies Act 1956

I (a) Fortieth Annual Report and Accounts of the Sambhar Salts Limited (SSL) Jaipur for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon -

(b) Statement by Government accepting the above Report [Placed in Library See No LT 331405]

215


II (a) Forty-sixth Annual Report and Accounts of the Heavy Engineering Corporation Limited (HEC) Ranchi for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon


III (a) Twenty-fourth Annual Report and Accounts of the National Bicycle Corporation of India Limited (NBCIL) Mumbai for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon

(b) Statement by Government accepting the above Report [Placed in Library See No L T 331505]

IV (a) Forty-sixth Annual Report and Accounts of the Hindustan Salts Limited (HSL) Jaipur for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon


V (a) Thirty-fifth Annual Report and Accounts of the Engineering Projects (India) Limited (EPI) New Delhi for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon


VI (a) Forty-first Annual Report and Accounts of the Instrumentation Limited Kota for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon

216



VII (a) Forty-sixth Annual Report and Accounts of the Rehabilitation Industries Corporation Limited (RIC) Kolkata for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon


VIII (a) Annual Report and Accounts of the Andrew Yule and Company Limited (AYCL) Kolkata for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon

(b) Statement by Government accepting and above Report [Placed in Library See No LT 313605]

IX A copy each (in English and Hindi) of the following papers

(a) Thirty-fifth Annual Report and Accounts of the Automotive Research Association of India (ARAI) Pune for the year 2004-2005 together with the Auditors Report on the Accounts


(MR CHAIRMAN in the Chair)

I Report and Accounts (2003-04) of the Kumarakruppa Frontier Hotels Private Limited New Delhi and related papers

II Report and Accounts (2004-2005) of the Indian Institute of Tourism and Travel Management Gwaliorand related papers

III Report and Accounts (2004-05) of the various Institutes of Hotel Management Catring Technology and Applied Nutrition and related Papers

217


THE MINISTER OF STATE OF THE MINISTRY OF TOURISM (SHRIMATI RENUKA CHOWDHURY) Sir I lay on the Tablemdash

I (1) A copy each (in English and Hindi) of the following papers under sub-section (1) of section 619A of the Companies Act 1956

(a) Third Annual Report and Accounts of the Kumarakruppa Frontier Hotels Private Limited New Delhi for the year 2003-2004 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon

(b) Review by Government on the working of the above Company

(2) Statement (in English and Hindi) giving reasons for the delay in laying the papers mentioned at (1) above [Placed in Library See No LT 292705]

II A copy each (in English and Hindi) of the following papers

(i) (a) Twenty-third Annual Report and Acconts of the Indian Institute of Tourism and Travel Management Gwalior for the year 2004-2005 together with the Auditors Report on the Accounts

(b) Review by Government on the working of the above Institute [Placed in Library See No LT 313805]

III (a) A copy each (in English and Hindi) of the Annual Report and Accounts of the following Institutes for the year 2004-2005 together with the Auditors Report on the Accounts

1 Institute of Hotel Management Catering Technology and Applied Nutrition Ahmedabad [Placed in Library See No LT 364005]

2 Institute of Hotel Management Catering Technology and Applied Nutrition Bangalore [Placed in Library See No LT 364205]

3 Institute of Hotel Management Catering Technology and Applied Nutrition Bhopal [Placed in Library See No LT 314305]

218


4 Institute of Hotel Management Catering Technology and Applied Nutrition Bhubaneswar [Placed in Library See No LT 314405]

5 Institute of Hotel Management Catering Technology and Applied Nutrition Kolkata [Placed in Library See No LT 314005]

6 Dr Ambedkar Institute of Hotel Management Catering Technology and Applied Nutrition Chandigarh [Placed in Library See No LT 313905]

7 Institute of Hotel Management Catering Technology and bull Applied Nutrition Goa [Placed in Library See No LT

314605]

8 Institute of Hotel Management Catering and Nutrition Gurdaspur [Placed in Library See No LT 314705]

9 Institute of Hotel Management Catering Technology and Applied Nutrition Guwahati [Placed in Library See No LT 314805]

10 Institute of Hotel Management Catering Technology and Applied Nutrition Gwalior [Placed in Library See No LT 314905]

11 Institute of Hotel Management Catering Technology and Applied Nutrition Hyderabad [Placed in Library See No LT 315005]

12 Institute of Hotel Management Catering Technology and Applied Nutrition Jaipur [Placed in Library See No LT 315105]

13 Insitute of Hotel Management Catering Nutrition Lucknow [Placed in Library See No L T 315205]

14 Institute of Hotel Management Catering Technology and Applied Nutrition Mumbai [Placed in Library See No LT 315305]

219


15 Institute of Hotel Management Catering and Nutirition New Delhi [Placed in Library See No L T 315405]

16 Institute of Hotel Management Catering Technology and Applied Nutrition Patna [Placedin Library See No L T 315505]

17 Institute of Hotel Management Catering and Nutrition Shimla [Placed in Library See Noi T 315605]

18 Institute of Hotel Management Catering Technology and Applied Nutrition Srinagar [Placed in Library See No L T 315805]

19 Institute of Hotel Management and Catering Technology Thiruvananthapuram [Placed in Library See No L T 315905]

20 National Council for Hotel Management and Catering Technology New Delhi [Placed in Library See No L T 316005]

21 Institute of Hotel Management Catering Technology and Applied Nutrition Chennai [Ptaced in Library See No L T 314505]

22 Institute of Hotel Management Catering Technology and Applied Nutrition Shillong [Placed in Library See No L T 315705]

(b) Review by Government on the working of the above Institutes

Memorandum of understanding between the Government of India (Ministry of Civil Aviation) and the Indian Airlines Limited

THE MINISTER OF STATE OF THE MINISTRY OF CIVILAVIATION (SHRI PRAFUL PATEL) Sir I lay on the Table a copy (in English and Hindi) of the Memorandum of Understanding between the Government of India (Ministry of Civil Aviation) and the Indian Airlines Limited for the year 2005-2006 [Placed in Library See No L T 298605]

I Various Notifications of the Ministry of Finance

II Reports and Accounts (2004-2005) of various Banks

III Report and Accounts (2004-2005) of the Institute for stubies in Industrial Development New Delhi and related papers

IV Report and Accounts (2004-2005) of the Centre for Policy Research New Delhi and related papers

220


V Report and Accounts (2004-2005) of the Practical (India) Trust Delhi and related papers

VI Report and Accounts (2004-2005) of the Institute for Social and Economic Change Bangalore and related papers

VII Report and Accounts (2004-2005) of the Indian Council for Research on International Economics Relations New Delhi and related papers

VIII Report and Accounts (2004-2005) of the National Council of Applied Economic Research New Delhi and related Papers

IX Report and Accounts (2004-2005) of the Centre for Development Economics Delhi School of Economics Delhi and related Papers

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE (SHRI SS PALANIMANICKAM) Sir I lay on the Table

I A copy (in English and Hindi) of the Ministry of Finance (Department of Economic Affairs) Notification No Nil dated the 18th October 2005 publishing the Life Insurance Corporation of India (Recruitment of Apprentice Development Officers) (Amendment) Regulations 2005 under sub-section (3) of section 49 of the Life Insurance Corporation Act 1956 [Placed in Library See No L T 312305]

II A copy (in Englislvand Hindi) of the Ministry of Finance (Department of Revenue) Notification GSR 568 (E) dated the 7th September 2005 publishing the Notification No 782005-Customs (NT) dated the 7th September 2005 for the maintenance of security of India prohibiting import of the book entitled The True Furquan sub-titled The 21 st Century Quran published in the United States of America by Omega 2000 and Wine Press including any extract therefrom any reprint or translation thereof or any document reproducing any matter contained therein under section 159 of the Customs Act 1962 together witn an Explanatory Memorandum on the Notification [Placed in Library See No LT 301705]

III A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Economic Affairs) under section 48 of the Foreign Exchange Management Act 1999

221


(1) GSR 552 (E) dated the 31st August 2005 publishing the Foreign Exchange management (Transferor Issue of any Foreign Security) (Third Amendment) Regulations 2005

(2) GSR 663 (E) dated the 14th November 2005 publishing the Foreign Exchange Management (Deposit) (Second Amendment) Regulations 2005 [Placed in Library See No L T 301605]

IV A copy ( in Engl ish and Hind i ) o f the Min is t ry o f F inance (Depar tment o f Revenue) Not i f icat ion GSR 697 (E) dated the 29 t h November 2005 amending GSR 537 (E) dated the 17th August 2005 so as to prov ide approved const ruct ion agency to l i fe quar ter ly c la im for re fund of the dut ies o f exc ise pa id on the s tee l and cement used in const ruct ion of cer ta in type of houses a long wi th se l f cer t i f ied s tatement o f quant i ty and va lue of the goods under sub-sect ion (2) o f sect ion 38 of the Centra l Exc ise Act 1944 together wi th an Explanatory Memorandumon the Not i f icat ion [P laced in L ibrary See No L T 312405]

V A copy each (in English and Hindi) of the following Notifications of the ministry of Finance (Department of Revenue) under sub-section (7) of section 9A of the Customs Tariff Act 1975 together with Explanatory Memoranda on the Notifications

(1) GSR 619 (E) dated the 30th September 2005 publishing the Notification No 882005-Customs dated the 30th September 2005 amending GSR 118 (E) dated the 1st March 2002 by inserting a paragraph after clause (d) and substituting some entries against SI Nos 30 57 77 139 and 509 in the Table of the said Notification [Placed in Library See No L T 301705]

(2) GSR 689 (E) dated the 25th November 2005 publishing Notification No 982005-Customs dated the 25th November 2005 extending levy of anti-dumping duty up to the 25th day of June 2006 on imports of Sodium Hydroxide commonly known as Caustic Soda originating in or exported from Iran Saudi Arabia United States of America France and Japan

(3) GSR 690 (E) dated the 25th November 2005 publishing Notification No 992005-Customs dated the 25th November 2005 superseding GSR 804 (E) dated the 5th December 2002 prescribing anti-dumping duty at new rates on imports of all

222


grades of Cold Rolled Flat Products of stainless steel of a width 600 mm or more originating in or exported from the United States of America and Japan

(4) GSR 696 (E) dated the 29th November 2005 publishing Notification No 1002005-Customs dated the 29th November 2005 superseding GSR 372 (E) dated the 7th June 2005 imposing definitive anti-dumping duty on acrylonitrile butadiene rubber (NBR) originating in or exported from the European Union (excluding Germany) Brazil and Mexico [Placed in Library For (2) to (4) See No L T 302405]

VI A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Economic Affairs) under subsection (4) of section 23A of the Regional Rural Banks Act 1976

1 SO 1263 (E) dated the 12th September 2005 notifying the amalgamation of the Gorakhpur Kshetriya Gramin Bank and Basti Gramin Bank into a single Regional Rural Bank namely the Purvanchal Gramin Bank with its head office at Gorakhpur

2 SO 1264 (E) dated the 12th September 2005 notifying the amalgamation of the Kashi Gramin Bank Gomti Gramin Bank and Samyut Kshetriya Gramin Bank into a single Regional Rural Bank namely the Kashi Gomti Samyut Gramin Bank with its head office at Varanasi

3 SO 1265 (E) dated the 12th September 2005 notifying the amalgamation of the GurdaspurmdashAmritsar Kshetriya Gramin Vikas Bank KapurthalamdashFerozpur Kshetriya Gramin Bank and Shivalik Kshetriya Gramin Bank into a single Regional Rural Bank namely the Punjab Gramin Bank with its head office at Kapurthala

4 SO 1266 (E) dated the 12th September 2005 notifying the amalgamation of the ValsadmdashDangs Gramin Bank Suralmdash Bharuch Gramin Bank and PanchmahalmdashVadodara Gramin Bank into a single Regional Rural Bank namely the Baroda Gujarat Gramin Bank with its head office at Bharuch

5 SO 1267 (E) dated the 12th September 2005 notifying the amalgamation of the Akola Gramin Bank Yavatmal Gramin Bank and Buldhana Gramin Bank in to a single Regional Rural Bank

223


namely the Vidharbha Kshetriya Gramin Bank with its head office atAkola

6 SO 1268 (E) dated the 12th September 2005 notifying the amalgamation of the Kutch Gramin Bank Banaskantha-Mehsana Gramin Bank and Sabarkantha Gandhinagar Gramin Bank into a single Regional Rural Bank namely the Dena Gujarat Gramin Bank with its head office at Gandhinagar

7 SO 1269 (E) dated the 12th September 2005 notifying the amalgamation of the Tungbhadra Gramin Bank Chitradurga Gramin Bank Kolar Gramin Bank and Sariyadri Gramin Bank into a single Regional Rural Bank namely the Pragathi Gramin Bank with its head office at Bellary

8 SO 1270 (E) dated the 12th September 2005 notifying the amalgamation of the Malaprabha Grameena Bank Bijapur Grameena Bank Netravati Grameena Bank and Varada Grameena Bank into a single Regional Rural Bank namely the Karnataka Vikas Grameena Bank with its head office at Dharwad

9 SO 1271 (E) dated the 12th September 2005 notifying the amalgamation of the Begusarai Kshetriya Gramin Bank Bhagalpur-Banka Kshetriya Gramin Bank and Monghyr Kshetriya Gramin Bank into a single Regional Rural Bank namely the Bihar Kshetriya Gramin Bank with its head office at Monghyr [Placed in Library for (1) to (9) See No LT 328605]

10 SO 1414 (E) dated the 28th September 2005 regarding dissolution of the Gorakhpur Kshetriya Gramin Bank and Basti Gramin Bank by reason of amalgamation

11 SO 1415 (E) dated the 28th September 2005 regarding dissolution of the Kashi Gramin Bank Gomti Gramin Bank and Samyut Kshetriya Gramin Bank by reason of amalgamation

12 SO 1416 (E) dated the 28th September 2005 regarding dissolution of the Gurudaspur-Amritsar Kshetriya Gramin Viksah Bank Kapurthala-Ferozpur Kshetriya Gramin Bank and Shivalik Kshetriy Gramin Bank by reason of amalgamation

224


13 SO 1417 (E) dated the 28th September 2005 regarding dissolution of the Valsad-Dangs Gramin Bank Surat-Bharuch Gramin Bank and Panchamhal-Vadodara Gramin Bank by reason of amalgamation

14 SO 1418 (E) dated the 28th September 2005 regarding dissolution of the Akola Gramin Bank Yavatmal Gramin Bank and Buldhana Gramin Bank by reason of amalgamation

15 SO 1419 (E) dated the 28th September 2005 regarding dissolution of the Kutch Gramin Bank Banaskantha-Mehsana Gramin Bank and Sabarkantha Gandhinagar Gramin Bank by reason of amalgamation

16 SO 1420 (E) dated the 28th September 2005 regarding dissolution of the Tungbhadra GraminBank Chitradurga Gramin Bank Kolar Gramin Bank and Sahyadri Gramin Bank by reason of amalgamation

17 SO 1421 (E) dated the 28th September 2005 regarding dissolution of the Malaprabha Grameena Bank Bijapur Grameena Bank Netravati Grameena Bank and Varada Grameena Bank by reason of amalgamation

18 SO 1422 (E) dated the 28th September 2005 regarding dissolution of the Begusarai Kshetriya Gramin Bank Bhagalpur-Banka Kshetriya Gramin Bank and Monghyr Kshetriya Gramin Bank by reason of amalgamation [Placed in Library for (10) to (18) See No LT 328705]

VII A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Economic Affairs) under sub-section (3) of section 48 of the Life Insurance Corporation Act 1956

(1) GSR 559 (E) dated the 5th September 2005 publishing the Life Insurance Corporation of India Class I Officers (Revision of Terms and Conditions of Service) Amendment Rules 2005

(2) GSR 560 (E) dated the 5th September 2005 publishing the Life Insurance Corporation of India Development Officers (Revision of Terms and Conditions of Service) Amendment Rules 2005

225


(3) GSR 561 (E) dated the 5th September 2005 publishing the Life Insurance Corporation of India Class-Ill and Class-IV Employees (Revision of Terms and Conditions of Service) Amendment Rules 2005

(4) GSR 562 (E) dated the 5th September 2005 publishing the Life Insurance Corporation of India (Special Area Allowance) Amendment Rules 2005

(5) GSR 563 (E) dated the 5th September 2005 publishing the Life Insurance Corporation of India Class-Ill Employees (Special Allowance for Passing Examination) Amendment Rules 2005

(6) GSR 564 (E) dated the 5th September 2005 publishing the Life Insurance Corporation of India (Special Allowance for In-House Development of Actuarial Capability) Amendment Rules 2005

(7) GSR 565 (E) dated the 5th September 2005 publishing the Life Insurance Corporation of India Class-Ill and Class-IV Employees (Promotion) Amendment Rules 2005

(8) GSR 573 (E) dated the 9th September 2005 publishing the Life Insurance Corporation of India (Daily Allowance and Hotel Charges to Employees on Tour) Amendment Rules 2005 [Placed in Library for (1) to (8) See No LT 312105]

Vlll Acopy(in English and Hindi) of the Ministry of Finance (Department of Economic Affairs) Notification SO 1261 (E) dated the 12th September 2005 publishing the Board for Industrial and Financial Reconstruction (Salaries and Allowances and Conditions of Service of Chairman and other Members) Amendment Rules 2005 under sub-section (3) of section 36 of the Sick Industrial Companies (Special Provisions) Act 1985 [Placed in Library See No LT 312205]

IX Acopy(in Englishand Hindi) of the Ministry of Finance (Department of Economic Affairs) Notification No NIL dated November 2005 exempting IDBI Ltd from the provisions of Sections 19(2) and 20(1)(b)(iii) of the Banking Regulation Act 1949 under sub-section (5) of section 3 of the Industrial Development Bank (Transfer of Undertaking and Repeal) Act 2003 [Placed in Library See No LT 291505]

226


X A copy each (in English and Hindi) of the following papers under Sub-section (1) of Section 619A of the Companies Act 1956

(a) Eighth Annual Report and Accounts of the Industrial Investment Bank of India Limited (IIBI) Kolkata for the year 2004-2005 together with the Auditors Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon

(b) Review by Government on working of the above Bank [Placed in Library See No LT 301505]

XI A copy each (in English and Hindi) of the Annual Report and Accounts of the following Banks for the year 2004-2005 together with the Auditors Report on the Accounts under sub-Section (3) of Section 43 of the State Bank of India (Subsidiary Banks) Act 1959

1 State Bank of Patiala [Placed in Library See No LT 3019 05]

2 State Bank of Hyderabad [Placed in Library See No LT 302005]

3 State Bank of Saurashtra [Placed in Library See No LT 302105]

4 State Bank of Indore [Placed in Library See No LT 3022 05]

XII A copy (in English and Hindi) of the Annual Report and Accounts of the State Bank of India for the year 2004-2005 together with the Auditors Report on the Accounts under sub-section (4) of section 40 of the State Bank of India Act 1955 [Placed in Library See No LT 301805]

XIII A copy (in English and Hindi) of the Annual Report and Accounts of the Punjab and Sind Bank for the year 2004-2005 together with the Auditors Report on the Accounts under sub-Section (8) of Section 10 of the Banking Companies (Acquisition and Transfer of Undertakings) Act 1980 [Placed in Library See No LT 3023 05]

227


XIV A copy (in English and Hindi) of the Annual Report and Accounts of the Industrial Development Bank of India (IDBI) Mumbai for the year 2004-2005 together with the Auditors Report on the Accounts under sub-Section (5) of Section 18 and sub-Section (5) of Section 23 of the Industrial Development Bank of India Act 1964 [Placed in Library See No LT 312605]

XV A copy each (in English and Hindi) of the following papers

(i) Annual Reports and Accounts of the following Regional Rural Banks for the year 2004-2005 together with the Auditors Report on the Accounts

1 Akola Gramin Bank Akola [Placed in Library See No LT 3025 05]

2 Alaknanda Gramin Bank Pauri (Garhwal) [Placed in Library See No LT 302605]

3 Aligarh Gramin Bank Aligarh [Placed in Library See No LT 3027 05]

4 Aravali Kshetriya Gramin Bank Sawai Modhopur Rajasthan [Placed in Library See No LT 302805]

5 Balasore Gramya Bank Balasore [Placed in Library See No LT 303005]

6 Ballia Kshetriya Gramin Bank Ballia [Placed in Library See No LT 303105]

7 Bastar Kshetriya Gramin Bank Jagdalpur [Placed in Library See No LT 303205]

8 Bhagirath Gramin Bank Sitapur [Placed in Library See No LT 303305]

9 Bhojpur-Rohtas Gramin Bank Ara [Placed in Library See No LT 303405]

10 Bikaner Kshetriya Gramin Bank Bikaner [Placed in Library See No LT 303505]

11 Bolangir Anchalik Gramya Bank Bolangir [Placed in Library See No LT 303605]

228


12 Buldana Gramin Bank Buldana [Placed in Library See No LT 303705]

13 Cachar Gramin Bank Silchar [Placed in Library See No LP3040 05]

14 Cauvery Grameena Bank Mysore [Placed in Library See No LT 303905]

15 Chaitanya Grameena Bank Guntur [Placed in Library See No LT 304205]

16 Chikmagalur-Kodagu Grameena Bank Chikmagalur [Placed in Library See No LT 303805]

17 Durg-Rajnandgaon Gramin Bank Rajnandgon Chhattisgarh [Placed in Library See No LT 304305]

18 Ellaquai Dehati Bank Srinagar [Placed in Library See No LT 311705]

19 Faridkot-Bhatinda Kshetriya Gramin Bank Bhatinda [Placed in Library See No LT 304505]

20 Gaur Gramin Bank Malda [Placed in Library See No LT 3052 05]

21 Godavari Grameena Bank Rajahmundry [Placed in Library See No LT 305005]

22 Golconda Grameena Bank Dilsukhnagar Hyderabad [Placed in Library See No LT 304705]

23 Gomti Gramin Bank Jaunpur [Placed in Library See No LT 3046 05]

24 Gopalganj Kshetriya Gramin Bank Gopalganj [Placed in Library See No LT 305105]

25 Gorakhpur Kshetriya Gramin Bank Mohaddipur Gorakhpur [Placed in Library See No LT 305305]

26 Gurgaon Gramin Bank Gurgaon [Placed in Library See No LT 304905]

27 Gwalior-Datia Kshetriya Gramin Bank Datia [Placed in Library See No LT 304805]

229


28 Himachal Gramin Bank Mandi [Placed in Library See No LT 305505]

29 Indore-Ujjain Kshetriya Gramin Bank Ujjain [Placed in Library See No LT 305605]

30 Jammu Rural Bank Jammu [Placed in Library See No LT 3057 05]

31 Jamuna Gramin Bank Agra [Placed in Library See No LT 3058 05] 32 Kakathiya Grameena Bank Warangal [Placed in Library See No LT

306205]

33 Kanakadurga Grameena Bank Gudivada Andhra Pradesh [Placed in Library See No LT 306805]

34 Kanpur Kshetriya Gramin Bank Kanpur [Placed in Library See No LT 306005]

35 Ka Bank Nongkyndong Ri Khasi Jaintia Shillong [Placed in Library See No LT 306505]

36 Kolar Gramin Bank Kolar [Placed in Library See No LT 3069 05]

37 Kraput-Panchabati Gramya Bank Jeypore Koraput [Placed in Library See No LT 306105]

38 Krishna Grameena Bank Gulbarga [Placed in Library See No LT 306605]

39 Kutch Gramin Bank Bhuj [Placed in Library See No LT 3064 05]

40 Madhubani Kshetriya Gramin Bank Madhubani [Placed in Library See No LT 308405]

41 Mahakaushal Kshetriya Gramin Bank Jabalpur [Placed in Library See No LT 307405]

42 Mallabhum Gramin Bank Bankura West Bengal [Placed in Library See No LT 307905]

43 Malwa Gramin Bank Sangrur Punjab [Placed in Library See No LT 307105]

230


44 Manipur Rural Bank Keisampat Imphal [Placed in Library See No LT 308205]

45 Manjira Grameena Bank Sangareddy Andhra Pradesh [Placed in Library See No LT 307505]

46 Marathwada Gramin Bank Nanded [Placed in Library See No LT 308105]

47 Marwar Gramin Bank Pali Rajasthan [Placed in Library See No LT 308005]

48 Mayurakshi Gramin Bank Birbhum West Bengal [Placed in Library See No LT 307605]

49 Mithila Kshetriya Gramin Bank Darbhanga [Placed in Library See No LT 307205]

50 Mizoram Rural Bank Aizawl [Placed in Library See No LT 3073 05]

51 Monghyr Kshetriya Gramin Bank Munger Bihar [Placed in LibraTy See No LT 307705]

52 Murshidabad Gramin Bank Murshidabad [Placed in Library See No LT 307805]

53 Nagarjuna Grameena Bank Khammam Andhra Pradesh [Placed in Library See No LT 308505]

54 Netravati Grameena Bank Mangalore [Placed in Library See No LT 308605]

55 North Malabar Gramin Bank Kannur Kerala [Placed in Library See No LT 308705]

56 Palamau Kshetriya Gramin Bank Palamau [Placed in Library See No LT 311805]

57 Parvatiya Gramin Bank Chamba [Placed in Library See No LT 308805]

58 Pinakini Grameena Bank Nellore Andhra Pradesh [Placed in Library See No LT 308905]

59 Pithoragarh Kshetriya Gramin Bank Pithoragarh [Placed in Library See No LT 309205]

231


60 Pragjyotish Gaonlia Bank Nalbari Assam [Placed in Library See No LT 309005]

61 Raigarh Kshetriya Gramin Bank Raigarh [Placed in Library See No LT 309305]

62 Ratlam-Mandsaur Kshetriya Gramin Bank Mandsaur Madhya Pradesh [Placed in Library See No LT 309405]

63 RayalaSeema Grameena Bank Chuddapah [Placed in Library See No LT 309505]

64 Sagar Gramin Bank Koikata [Placed in Library See No LT 3096 05]

65 Sahyadri Gramin Bank Shimoga [Placed in Library See No LT 310005]

66 Samastipur Kshetriya Gramin Bank Samastipur [Placed in Library See No LT 310605]

67 Santhal Parganas Gramin Bank Dumka Jharkhand [Placed in Library See No LT 310405]

68 Saran Kshetriya Gramin Bank Chapra [Placed in Library See No LT 310705]

69 Sarayu Gramin Bank Lakhimpur Kheri Uttar Pradesh [Placed in Library See No LT 310805]

70 Shahjahanpur Kshetriya Gramin Bank Shahjahanpur Uttar Pradesh [Placed in Library See No LT 310905]

71 Sharda Gramin Bank Satna Madhya Pradesh [Placed in Library See No LT 310505]

72 Sri Sathavahana Grameena Bank Karimnagar [Placed in Library See No LT 309705]

73 Shri Venkateswara Grameena Bank Chittoor [Placed in Library See No LT 312005]

74 South Malabar Gramin Bank Malappuram Kerala [Placed in Library See No LT 310105]

75 Sree Anantha Grameena Bank Anantapur Andhra Pradesh [Placed in Library See No LT 309805]

232


76 Surendranagar-Bhavnagar Gramin Bank Surendranagar Gujarat [Placed in Library See No LT 309905]

77 Surguja Kshetriya Gramin Bank Surguja Chhattisgarh [Placed in Library See No LT 310205]

78 Thar Aanchalik Gramin Bank Jodhpur [Placed in Library See No LT 311005]

79 Tripura Gramin Bank Agartala [Placed in Library See No LT 311105]

80 Uttarbanga Kshetriya Gramin Bank Cooch Behar [Placed in Library See No LT 311605]

81 Chambal Kshetriya Gramin Bank Morena Madhya Pradesh [Placed in Library See No LT 304105]

82 Etawah kshetriya Gramin Bank Etawah [Placed in Library See No LT 311905]

83 Howrah Gramin Bank Howrah [Placed in Library See No LT 305405]

84 Kamraz Rural Bank Sopore Jammu amp Kashmir [Placed in Library See No LT 307005]

85 Kashi Gramin Bank Varanasi [Placed in Library See No LT 3059 05]

86 Kosi Kshetriya Gramin Bank Purnia Placed in Library See No LT 306305]

87 Kshetriya Kisan Gramin Bank Mainpuri Uttar Pradesh [Placed in Library See No LT 306705]

88 Muzaffarnagar Kshetriya Gramin Bank Muzaffamagar [Placed in Library See No LT 308305]

89 Pandyan Grama Bank Virudhunagar Tamil Nadu [Placed in Library See No LT 309105]

90 Sangameshwara Grameena Bank Mahabubnagar [Placed in Library See No LT 310305]

91 Varda Grameena Bank Kumta Karnataka [Placed in Library See No LT 311205]

233


92 Vindhyavasini Gramin Bank Mirzapur [Placed in Library See No LT 311305]

93 Viveshvaraya Grameena Bank Mandya Karnataka [Placed in Library See No LT 311405]

94 Yavatmal Gramin Bank Yavatmal Maharashtra [Placed in Library See No LT 311505]

(ii) Consolidated Review of working of Regional Rural Banks (RRBs) for the year ended 31st March 2005 [Placed in Library See No LT 328905]

(iii) (a) Eighteenth Annual Report and Accounts of the Institute for Studies in Industrial Development (ISID) New Delhi for the year 2004-2005 together with the Auditors Reprot on the Accounts


(iv) (a) Annual Report and Accounts of the Centre for Policy Research (CPR) New Delhi for the year 2004-2005 together with the Auditors Report on the Accounts


(v) (a) Sixth Annual Report and Accounts of the Pratichi (India) Trust Delhi for the year 2004-2005 together with the Auditors Report on the Accounts


(vi) (a) Annual Report and Accounts of the Institute for Social and Economic Change (ISEC) Bangalore for the year2004-2005 together with the Auditors Report on the Accounts


(vii) (a) Annual Report and Accounts of the Indian Council for Research on International Economic Relations (ICRIER) New Delhi for the year 2004-2005 together with the Auditors Report on the Accounts

234



(viii) (a) Annual Report and Accounts of the National Council of Applied Economic Research (NCAER) New Delhi for the year 2004-2005 together with the Auditors Report on the Accounts


(ix)(a) Annual Report and Accounts of the Centre for Development Economics Delhi School of Economics Delhi for the year 2004-2005 together with the Auditors Report on the Accounts

(c) Statement by Government accepting the above Report [Placed in Library See No LT 301305]

_______

REPORT OF THE COMMITTEE ON ETHICS

DR KARAN SINGH (NCT OF DELHI) Sir I beg to present the Fifth Report (in English and Hindi) of the Committee on Ethics

_________

MOTION RE CONSIDERATION OF RECOMMENDATIONS CONTAINED IN FIFTH REPORT OF THE COMMITTEE ON ETHICS

DR KARAN SINGH (NCT OF DELHI) Sir I beg to move the following motion

That the Fifth Report of the Committee on Ethics Presented to the Rajya Sabha on the 13th December 2005 be taken into consideration

MR CHAIRMAN The question is


The motion was adopted

235


MOTION TO AGREE WITH RECOMMENDATIONS CONTAINED IN

FIFTH REPORT OF THE COMMITTEE ON ETHICS

DR KARAN SINGH (NCT OF DELHI) Sir I move

That this House agrees with the recommendations contained in the Fifth Report of the committee on Ethics presented to the Rajya Sabha on the 13th December 2005

The question was proposed

THE MINISTER OF STATE IN THE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI SURESH PACHOURI) Sir on behalf of the Government I support the motion moved by Dr Karan Singh for consideration(Interruptions)

ी सभापित माननीय सद य लीज टक योर सीट ( यवधान)

ी एसएसअहलवािलया आप मोशल को पढ़कर सना दीिजए ( यवधान)

ी सभापित एक िमनट एक िमनट ( यवधान) आप मोशन को पढ़कर सना दीिजए ( यवधान)

DR KARAN SINGH Sir I as the Chairman of the Committee on Ethics have been authorised by the Committee to present the Fifth Report to the hon House on its behalf

Hon Chairman Rajya Sabha on 12th December 2005 had made an announcement referring the matter pertaining to the telecasting of a programme entitled Operation Duryodhan by a private channel illustrating actions tantamount to a serious violation of the Code of Conduct by some Members of Parliament to the Committee on Ethics Rajya Sabha for examination investigation and report under Rule 303 of the Rules of Procedure and Conduct of Business in the Council of States Hon Chairman while making the announcement in the House inter-alia expressed his deep concern over the incidents depicted in the programme which have tarnished the image of the august institution of Parliament

The Committee in its sitting held on 12th December 2005 that is yesterday took up for consideration the reference made to it The Committee held preliminary discussions on the subject appreciated the deep concern expressed by the hon Chairman and resolved to act with

236


urgency in the matter The Committee took serious note of the situation arising out of the telecasting of the programme which has damaged the image of Parliament and brought this august institution into disrepute

The Committee noted that one of the Members shown in the programme is Dr Chhattrapal Singh Lodha of the Rajya Sabha Since the Member has been caught on tape accepting money for asking questions the Committee unanimously recommends that Dr Lodha should be suspended from the House pending the presentation of the final report of the Committee Meanwhile the Committee also decided that an opportunity be given to Dr Lodha to explain his position in the matter within forty-eight hours

The Committee considered and adopted this Report at its sitting held on 12 December 2005

I once again move the motion that the House agrees with the recommendations contained in the Fifth Report of the Committee on Ethics presented to the Rajya Sabha on 13th December


That this House agrees with the recommendations contained in the Fifth Report of the Committee on Ethics presented to the Rajya Sabha on the 13th December 2005


_________

REPORTS OF THE DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HUMAN RESOURCE DEVELOPMENT

SHRI VAYALAR RAVI (Kerala) Sir I present the following Reports (in English and Hindi) of the Department-related Parliamentary Standing Committee on Human Resource Developmentmdash

(i) One Hundred Sixty-Eighth Report of the Department-related Parliamentary Standing Committee on Human Resource Development on Action Taken by Government on recommendationsobservations contained in Hundred Fifty-Ninth Report on Demands for Grants (2005-2006) of Ministry of Youth Affairs and Sports

237


REPORT OF THE DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON INDUSTRY

PROF MM AGARWAL (Uttar Pradesh) Sir I present the One Hundred Seventy-Seventh Report (in English and Hindi) of the Department-related Parliamentary Standing Committee on Industry on The KVIC (Amendment) Bill 2005

_________

REPROTS OF THE JOINT COMMITTEE ON OFFICES OF PROFIT

PROF SAIF-UD-DIN SOZ (Jammu and Kashmir) Sir I lay on the Table a copy each (in English and Hindi) of the First and Second Reports of the Joint Committee on Offices of Profit

________

REPORTS OF THE DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON CHEMICALS AND FERTILIZERS

SHRI RAJU PARMAR (Gujarat) Sir I lay on the Table a copy each (in English and Hindi) of the following Reports of the Department-related Parliamentary Standing Committee on Chemicals and Fertilizers (2005-2006)mdash

(i) Eighth Report of the Committee on Action Taken by the Government on the Recommendations contained in its Fifth Report on Demands for Grants (2005-2006) of the Ministry of Chemicals and Fertilizers (Department of Chemicals and Petrochemicals) and

(ii) Ninth Report of the Committee on Action Taken by the Government on the Recommendations contained in its Sixth Report on Demands for Grants (2005-2006) of the Ministry of Chemicals and Fertilizers (Department of Fertilizers)

_________

REPORTS OF THE DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON FINANCE

SHRI C RAMACHANDRAIAH (Andhra Pradesh) Sir I lay on the Table a copy each (in English and Hindi) of the following Reports of the Department-related Parliamentary Standing Committee on Financemdash

(i) Twenty-sixth Report of the Comriee on the The Banking Regulation (Amendment) Bill 2005 and

238


(ii) Twenty-seventh Report of the Committee on The Taxation Laws (Amendment) Bill 2006)

MESSAGE FROM LOK SABHA

The Disaster Management Bill 2005

SECRETARY-GENERAL Sir I have to report to the House the following message received from the Lok Sabha signed by the Secretary-General of the Lok Sabhamdash

In accordance with the provisions of rule 120 of the Rules of Procedrue and Conduct of Business in Lok Sabha am directed to inform you that Lok Sabha at its sitting held on the 12th December 2005 agreed without any amendment to the Disaster Management Bill 2005 which was passed by Rajya Sabha at its sitting held on the 28th November 2005

_________

GOVERNMENT BILLS

The Criminal Law (Amendment) Bill 2003

THE MINISTER OF HOME AFFAIRS (SHRI SHIVRAJ V PATIL) The Criminal Law (Amendment) Bill is of a technical nature Lawyers are in a position to express their views on the clauses of the Bill with confidence and skill and others are in a position to speak about their impact on the number of cases on the complainant the accused and the people at large All the Members who spoke have made great contributions While making their own points they have replied to the points made by other Members and have made my task easier They have by and large supported the Bill But at the same time they have found fault with some of its provisions When a law is made interest of different parties are to be balanced Law is not a panacea It can help but it cannot solve all problems It can reduce severity of the problem It depends on the basic and unchanging principles as well as upon the situation of the time in which it has to be enforced


So there are certain parts of it which need not change and remained unaltered for centuries and are unalterable also There are other parts which have to be altered and modified to suit the demands of the changing

239


times That is why the Indian Penal Code the Indian Evidence Act the Criminal Procedure Code are very good pieces of law which have elements unalterable and also alterable a mix of the two According to some Members they should not be tinkered with According to others they need be amended to suit the situations in the present times and to some extent future times also I am of the view that the basic principles on which they are built remain constant but their outer form and other provisions can be changed if need be altered We are trying to do the same thing here We are not changing them lock slock and barrel We are amending some of the provisions contained in them to make them suitable to the present times The Bill was introduced in Rajya Sabha by the previous Government It was framed in accordance with the reports given by the Law Commission and the Commission appointed under the chairmanship of Justice Shri Malimath On the Reports given by these Commissions different views were expressed some rejecting the reports some accepting them some rejecting some of their recommendations and accepting others What happened to these reports generally happened to other reports also It is not very easy to have comments which are only favourable It is like our lives our parties and our fates The Bill was referred to the Standing Committee It gave many recommendations some of which have been accepted and others have been rejected by the present Government The Bill was commented upon by the Members of political organisations and groups of ladies On the basis of the recommendations and also to respect the views of independent organisations the amendments to the Bill have been introduced as suggested In the process many of the clauses of the Bill are likely to get deleted and some clauses are likely to get altered We have not accepted the Bill in toto as it was introduced We have not rejected the Bill just because it was introduced by the previous Government We have taken this stand to make it acceptable and capable to help in doing justice in a better manner We are not prejudiced against or enamoured of the Bill We have tried to be correct and objective On many occasions suggestions have been advanced to bring about changes in the criminal laws and to refine the judicial system to help in proper speedy and effective investigation and disposal of cases The time taken to achieve these objectives has also been quite long and inordinate Delays in making laws or amending the existing laws delays in investigations delays in deciding the cases in the courts delays in

240


helping the accused are not good and acceptable So to avoid delays we have taken steps to amend the existing laws even through phases It is for these reasons that amendments to the Bill need to be passed and approved by the House

Sir Clause 2 provides for punishment which can be imposed on a person who induces or threatens another person to give false evidence Sir this portion has to be examined a little carefully It does not provide for a punishment which can be awarded to a witness who gives false evidence There is somebody who is inducing the witness the witness who gives false evidence could not be punished but the person who was inducing the witness to give false evidence could not be punished This penal provision provides for that There are other provisions in the law under which the witness himself can be punished This distinction should be understood in clear terms

What is given in Clause 2 is a new penal provision It provides for a punishment which can extend up to seven years or fine or fine with imprisonment The Standing Committee has suggested that the punishment given under this clause should be more stringent If an accused is convicted for life because of the false evidence given by a witness under threat or inducement by any other person that other person should be given the same punishment of life imprisonment if it is proved maybe in appeal that the evidence given by the witness was a cooked-up piece of testimony given at the instance of the other person

In the trial court the occasion to use the provision in Clause 2 of the Bill may or may not arise It may arise in the court of appeal also It is wrong to ridicule the suggestion given by the Standing Committee and hence it has been tried to be incorporated in Clause 2 of the Bill

Shri Ram Jethmalani who poked fun at this provision is a lawyer who defends the accused and is a very kind hearted person who does not want even the accused and guilty to suffer enormously Hence it seems that he objects to the amendment suggested to Clause 2 and feels uncomfortable with the new proposal I leave this matter to the House to decide appropriately as per the original Bill or to accept the recommendations of the Standing Committee

Sir this amendment to the amending Bill that is coming here says that if a person is convicted of false evidence given by a witness induced

241


or threatened to give the evidence he should also be awarded the same punishment which was awarded to the innocent person by the court because of the false evidence Now this was suggested by the Standing Committee We respected the recommendations of the Standing Committee We have come out with an amendment to the amending Bill to bring about this change But Shri Jethmalani was finding fault with it and was asking when it could be done

Now if a person is convicted how can you say that he was innocent But a persons case can go to the trial court In the trial court the case could be tried by the judge and the judgement can be pronounced by him But the matter does not stop or end there It goes to the higher court of appeal If it is a judgement given by the Sessions Court it can certainly go to the High Court And from High Court there is second appeal to the Supreme Court and in many cases the High Courts and the Supreme Court have altered the judgements given by the Sessions Court saying that the accused was wrongly convicted and the accused was innocent The Judges have also said that because of the evidence given by a witness this could happen and the Judges could also come to the conclusion that that witness was induced or threatened and so he gave the evidence and so the person was convicted like that Sir that is why this kind of amendment to the Amendment Bill has been introduced and it should not be laughed at

Clauses 3 4 and 5 relate to the recording of the statement by the police and the judicial or Metropolitan Magistrate and the signatures to be put by the witness on the statement made by him and the statements made by him in the presence of the Judicial authority on oath and to forwarding of the copies of the statement to the Court trying the case and giving the copies of the same to the witnesses in serious matter The original Bill provides that the statement of the witness may be signed by the witness As the law stands today the statement recorded by the police has not to be signed by the witness But then it was suggested that let the statement be signed by the witness and let a copy of the same be given to the witness so that there is no opportunity available to the police officers to alter the statement made by the witness to suit the case or to suit the design of the police or the prosecutor and that is why it was suggested that the statement given by the police should be signed But when this matter was taken to the Standing Committee I think the

242


Standing Committee did not accept the recommendations given by the Law Commission and the Commission appointed under the Chairmanship of Justice Malimath and so the Standing Committee suggested that it is not necessary to obtain the signature of the witness on the statement made by him to the police Now these clauses also suggest that in serious cases in which the death punishment can be awarded or the life punishment can be awarded or a punishment of more than seven years can be awarded it was suggested that the witness should be material witness He should be taken to the Court to the Judge and the Judge should record his statement on oath It is not allowed it is not expected to be done under the existing law but the reports of the Commission suggested that and the previous Government had accepted those recommendations and they had introduced those kinds of amendments They were trying to introduce those kinds of amemdments to the Criminal Procedure Code But when the matter was taken to the Standing Committee the hon Members of the Standing Committee did not accept these provisions Now they said that let the law continue as it is and that is why clauses 3 4 and 5 have to be deleted Now the Standing Committee suggested that let the law continue as it is and let not the amendment suggested in the amending Bill be introduced in the Criminal Procedure Code and the Government has accepted the suggestions given by the Standing Committee and we are not pressing to see that the statements given by the witnesses are signed by them or the statements are recorded on oath before the Magistrate because enough number of Magistrates could not be available for this purpose

Sir clause 6 has not been commented upon and has been approved by the hon Members and I need not say anything more on this clause

On the plea bargaining almost all hon Members spoke have expressed their views Most of them have supported it Only a few have spoken against it Some of them have spoken against only one or two aspects of it and however it has received the support of the majority of the participants and I think it may obtain the handsome support of the entire House as such

Mr Jethmalani said that in USA and UK even in serious cases the plea-bargaining is allowed Even in murder case even in a case in which death sentence can be passed or life imprisonment can be passed or ten years imprisonment can be given the plea-bargaining is allowed

243


He was sceptical of the ability of the prosecutor the defence lawyer and the Judge to handle it as it should be done My assessment is that he was not opposed to the idea of plea-bargaining as such I assessed very carefully as to what he said and I think he was not opposed to the idea He was asking that it should be available to the parties even in serious matters in which serious sentence of imprisonment for more than seven years life or death can be awarded as it is done in USA and UK If we find it difficult to rely upon parties and judges in less serious matters should we take the risk of subjecting the serious cases to the concept of plea-bargaining That is really the question that we have to decide I think what we have done is not incorrect Plea-bargaining is not available in serious matters in cases in which women children and juvenile offenders are involved and in my opinion that is the correct stance to adopt

Some Members complained that the concept is western and it need not have been adopted Some others objected to it on the ground that it would help the well to do and affect the disadvantaged and the poor Many Members thought that Clause 265 (f) about which Mr Vayalar Ravi and other spoke would give extra benefit to the criminals trying to contest elections as the provision was of expiatory nature Mr Narayanasamy also spoke on that Some Members were of the view that the innovations and the modifications in laws do create problems for the weaker sections of the society and do not help them as much as they help the rich I think Mr Naik was saying this thing Some of these objections have been responded to by other Members who spoke in favour of plea-bargaining

Sir knowledge and ideas are common heritage of mankind Indian philosophy welcomes them from all parts of the world whether they come from the west or the east or from the north or the south If they are useful there is no wisdom in not adopting and using them In India also in the past even before the advent of British jurisprudence in the country the perpetrator of the crime was ordered to compensate the loss of the victims by serving under him or by giving his cattle or some money to the aggrieved party Now this is provided in the ancient as well as the medieval jurisprudence that was followed in India Even the existing criminal law allows simple cases to be compounded and some more serious to be compounded with the consent of the Judge It does not allow very serious cases to be compounded for the reason that they affect not only the

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victim but also the entire society and the people as a whole When the victim is poor and the accused is punished and the victim is not given the compensation what is done is not a very satisfactory justice If a rich man is a victim he may not need any compensation at all For him the punishment inflicted upon the offender is sufficient satisfaction But there are many in the society who suffer a great deal if their houses are burnt If their limbs are broken or if their near and dear ones are killed They suffer because of the crime committed against them for years sometime throughout their lives That is why in recent times the concept of providing compensation to the victim through court through trust through the Government or through the society as a whole is slowly getting accepted Under plea-bargaining something of the concept would become a reality and in cases which are not of simple nature which are of grave character but not of very grave character compensation would be given This aspect of plea-bargaining is of great value It should not be poked fun at and under-valued in the name of Western and advanced countries or in the name of the poor or on the pretext that we are not capable of using it properly All new concepts or systems are dreaded by persons who prefer the beaten track There-is no point in trying to be static and not adventuring into new areas of thinking and activities Let us experiment with it Our hands are not bound to disallow making changes if required On the basis of our experience we may refine the system later on It is also going to reduce the burden of pendency of criminal cases in the court The judge can decide if the plea of bargaining is resorted to with mala fide intention or bona fide intention If he comes to the conclusion that it is done with ill-conceived intentions he can proceed with the case in a regular manner and do the desired justice If we can rely upon him to do justice when he follows the regular procedure we can certainly depend upon him in cases of plea-bargaining The Bill was seen by the Prime Minister He has suggested through his office that if the plea-bargaining was not allowed by the judge the applications and the affidavits filed by the accused should not be allowed to be used against him and a provision to this effect may be provided in the law We are moving an amendment to the Bill to include this kind of a provision in the law I think this is a very salutary provision and should be welcomed It was apprehended Sir that if the accused gave an application and affidavit admitting that he had committed the guilt and if that plea of his was not accepted by the court what will happen to him Would the application and the affidavit

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be used by the court against him That was the kind of apprehension expressed By amending the law we are trying to provide that if the application and the affidavit are given and if they are not accepted by the court then that affidavit and that application shall not be used as a piece of evidence against the accused person to convict him That is specifically provided in the law and that will help

SHRIVAYALAR RAVI (Kerala) Does it stand by the test before the court Because once a person admits that he is guilty how can we say that we cannot take it as an evidence (Interruptions)

SHRI NK PREMACHANDRAN (Kerala) By means of an affidavit (Interruptions)

MR DEPUTY CHAIRMAN After the reply you can seek clarifications

SHRI SHIVRAJ V PATH I will reply (Interruptions) I will complete it Sir one of the provisions to which the objection was raised by many hon Members in the House related to expiatory nature expiatory character which was awarded to the accused If under the plea-bargaining provisions of the law a person is convicted it is provided in 265F that he would not be put under any disability as such

Now to this many hon Members objected and I think their objection was very valid The Government is accepting their objection and going to delete it from the law

Now there is Section 498A which provides for punishment that can be awarded to a husband or his relatives for the cruelty perpetrated against a women in the family This law was adopted in 1983 and was made quite stringent by declaring that the offence so perpetrated would be non-bailable and non-compoundable The Bill seeks to make the said offence bailable and compoundable in the name of creating goodwill and not disturbing the family Many hon Members have objected to the changes tried to be made the Gvoernment does not want to bring about any change in this respect also and wants to delete the amending provision from the Bill I am also accepting this change suggested by the hon Members and the advice given by the hon Members in this respect

On other provisions it is not necessay for me to comment for they are acceptable to hon Members There are two other provisions regarding

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whether a currency note is fake or a coin is fake only the experts from Nasik were allowed to comment on it Now we are increasing the ambit of the experts for coming forth and giving help in these matters Sir these are some of the salient features of the law I have tried to respond to the points which have been raised by hon Members If any doubts are there in the minds of hon members on this I shall be very happy to respond Thank you

SHRI N JOTHI (Tamil Nadu) Sir the hon Minister may clarify this When an affidavit is filed by an accused for plea-bargaining it is subject to the discretion of the Magistrate only It can be accepted or it cannot be accepted Mr Vayalar Ravi and several other hon Members have also pointed it out In such a case what will happen to the affidavit and the petition filed by the person It will be there on record of the court It will be used either in the same proceedings against him to prove the guilt by the prosecutor or in any other collateral proceedings it can be used by applying a certified copy because it then becomes a court property Under the Kar Vivad Samadhan Scheme total immunity is given it cannot be used anywhere Like that whether there would be a corresponding provision to indicate that the application filed for plea bargaining shall not be used anywhere for any proceedings either same proceedings or collateral proceedings or by anybody in any place There should be some codification to that extent Or it should be returned back to the party without any copy being taken by anybody Sir we need clarification on this

DR BIMAL JALAN (Nominated) Mr Deputy Chairman Sir I thank you for having given me this opportunity It was a very masterful presentation by the hon Home Minister I very much appreciate the open manner in which he has dealt with various suggestions made here I am not a lawyer I dont understand all the legal aspects But on clause 2 one question occurred to me when I was listening to him What happens if a witness has given false evidence induced by somebody else Now we are including the person who has induced somebody liable for punishment What happens if the person who has given the false evidence has been induced by the third party to allege that somebody has induced him or her to give the false evidence So there is a problem In our system supposing there are two people who are fighting One person has induced a witness to give false evidence Now that person

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who we are saying is liable for imprisonment or whatever alleges that there is a third party his opponent who has induced the witness to give false evidence

So where do we stop I think this is an important question and therefore I mean in many things you have to draw the line somewhere Sir I am not taking Mr Jethmalanis side I dont understand it I can assure you but as I was listening to you this question arose in my mind Following that and following the fact that so many interesting and important observations are made ultimately the best judge that would decide which is acceptable and which is not acceptable is really the Government because they have the whole evidence They can consult others Is it possible-because we are dealing with two Acts one was passed in 1872 more than 130 years ago and another was some 30 years agomdashthat the Home Ministry under the guidance of our Home Minister considers all the various suggestions takes further legal advice on various aspects and puts the amendments to the Act for passage in the next session rather than today It is 35 years since we accepted this particular thing and I will go by whatever he says because ultimately he is the authority He is in the best position to do so But since the matter is so important and the matter may be with our country for another 100 years or 35 years or 50 years whether he would consider these suggestions And on the first specific aspect I think there is an issue which requires further consideration Where do you draw the line

MR DEPUTY CHAIRMAN Shri Premachandran Just seek pointed clarifications

SHRI NK PREMACHANDRAN Sir I am thankful to the hon Minister for having accepted so many suggestions which have been raised yesterday I think Mr Ravi Shankar Prasad had first suggested regarding deletion of Section 265F And we had also suggested that though our lines are not on record in the reply of the hon Minister Sir I am on clause 2 that is amendment to Section 195A Mr Ram Jethmalani also spoke about it yesterday It is a question regarding innocent persons and if innocent persons are convicted and sentenced What is the definition of innocent person Whether this could be redrafted I do accept that we do not find any amendments Even then I would like to make a suggestion Suppose a person is convicted and sentenced as a

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consequence of such false evidence It means the court is finding guilty a person who is innocent So what is the definition of innocent person as per the criminal jurisprudence That is the only clarification which I am seeking Also regarding the plea-bargaining our apprehension is how far it will have an effect

in criminal jurisprudence This apprehension is still there The minister and the Government are ready to accept most of the suggestions We are agreeable to passing of the Bill

MR DEPUTY CHAIRMAN Prof Kurian

PROF PJ KURIAN (Kerala) Sir I am only worried about a small matter Sir even today it is possible to falsely implicate or drag any body into a court if there are one or two withnesses especially in private complaints Now because of plea-bargaining I am afraid the tendency to forcedly implicate people can increase If somebody implicates someone because of plea-bargaining there is a possibility of getting something as reward and compensation People may try to get out of the case by giving the compensation through plea-bargaining So I am afraid will the plea-bargaining provision not increase the possibility of such false implications and forcedly dragging innocent people to the court especially through private petitions

MR DEPUTY CHAIRMAN Shri Ravi Shankar Prasad

SHRI RAVI SHANKAR PRASAD (Bihar) Mr Deputy Chairman Sir I am greateful that the hon Home Minister has accepted my suggestion as that of my other friends with regard to Section 265R I have a few specific queries from the hon Home Minister Sir while initiating the debate from the Opposition I had raised certain larger issues of weakening capacity of investigation of the police and the need to modernise them It is a sine qua non I had also raised an issue of Directorate of Public Prosecutor to effectively insulate the institution of plea-bargaining from any extraneous influences I am afraid in the reply none of those issues have come about I had also raised a very specific issue as to how an illiterate rural victim is placed in this whole mechanism of plea-bargaining Because if the case is instituted by the police then only under Section 265C a notice is to go to him in the event of plea-bargaining What kind of safeguards are available to an illiterate innocent rural victim for a particular offence whose offender is seeking to take the benefit of the plea-bargaining (Interruptions)

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8


SHRI N JOTHI Sir I may be given one minute(Interruptions) This is very important

MR DEPUTY CHAIRMAN No no Mr Jothi everything which is discussed in the House is important I have already given you a chance

SHRI RAVI SHANKAR PRASAD Sir may I just assist you to assuage the concerns of many of my colleagues about the affidavit part If clause 265 (d) is seen if the plea-bargaining does not work out then the trial commences Nothing adverse is to be inferred That is all

ी अब आिसम आज़मी (उ तर परदश) सर मरा एक िपरिवलज मोशन ह एक पिलस आिफसर ( यवधान)

سر ميرا ايک پريوليج موشن ہے شری ابو عاصم اعظمی ايک پوليس آفيسر

ी उपसभाित नही यह िपरिवलज मोशन का समय नही ह ( यवधान)

ी अब आिसम आजमी सर यह उसी बात स जड़ा ( यवधान)

سر يہ اسی بات سے شری ابو عاصم اعظمی جڑامداخلت

ी उपसभापित नहीThis has nothing to do with it Please dorTt club it (Interruptions)

ी अब आिसम आजमी अ छा आप एक सिकड मरी बात सन लीिजए ( यवधान)

اچها آپ ايک سيکنڈ ميری بات شری ابو عاصم اعظمی سن ليجۓمداخلت

ी उपसभापित नही नही ( यवधान)

ी अब आिसम आजमी एक िमनट आप सन तो लीिजए मरी एक िरकव ट ह िक होम साहब क जान स पहल मरा यह िपरिवलज मोशन सन िवया जाए कय िक वह एक बहत ही सगीन मसला ह और मन बड़ी महनत स इसकी परिमशन आपस ( यवधान)

ميری -ايک منٹ آپ تو سن ليجۓ شری ابو عاصم اعظمی ايک رکويسٹ ہے کہ ہوم منسٹر صاحب کے جانے سے پہلے ميرا ايک پريوليج موشن سن ليا جاۓ کيوں کہ يہ ايک بہتہی سنگين مسئلہ ہے اور ميں نے بڑی محنت سے اس کی

پرمشن آپ سےمداخلت

daggerTransliteration in Urdu Script

250


ी उपसभापित दिखए आपन नोिटस िदया ह िक It is under the consideration

of the Chairman(Interruptions)

ी अब आिसम आजमी नही सर आज मझ कहा गया ह और मझ बोलना ह आज मझ बोलना ही ह चाह कछ भी हो जाए या िफर आप इस हाउस स आप मरा रिजगनशन ल लीिजए चाह आप मझ हाउस स िनकाल दीिजए लिकन आज मझ बोलना ह यह मरी इ जत का सवाल ह मर साथ बहत बड़ी इस ट हई ह ( यवधान)

نہيں سر آج مجهے کہا گيا ہے شری ابو عاصم اعظمی آج مجهے بولنا ہی ہے چاہے کچه -اور مجهے بولنے ہے

ؤس سے ميرا ريزگنيشن لے ۓ يا پهر آپ اس ہا بهی ہوجاچاہے آپ مجهے اس ہاؤس سے نکال ديجۓ ليکن آج -ليجۓ

ميرے ساته -يہ ميری عزت کا سوال ہےمجهے بولنا ہے بہت بڑی انسلٹ ہوئ ہےمداخلت

ी उपसभापित नहीनही आप दिखए ( यवधान)

ी अब आिसम आज़मी नही आज म हाथ जोड़ कर िमिन टर साहब स कहगा िक व मरी बात सन बगर यहा स नही जाए म भी इस स मािनत हाउस का एक मबर ह अपनी बात आपको सनान का मझ हक ह आपको इस बात को सनना ही पड़गा ( यवधान)

سر نہيں آج ميں ہاته جوڑ کر شری ابو عاصم اعظمی منسٹر صاحب سے کہوں گا کہ وه ميری بات سنے بغير وہاں

مبر ئيں ميں بهی اس سمانت ہاؤس کا ايک م سے نہيں جااپنی بات آپ کو سنانے کا مجهے حق ہے آپ کو اس -ہوں

بات کو سننا ہی پڑے گامداخلت

ी उपसभापित दिखए आप ( यवधान)

ी अब आिसम आज़मी नही लीज मन आपको नोिटस िदया था आपन मझ कहा ह िक म आपको बोलन दगा

ميں نے آپ کو نوٹس -نہيں پليز ظمی شری ابو عاصم اعديا تها آپ نے مجهے کہا ہے کہ ميں آپ کو بولنے دوں

-گا

ी उपसभापित आजमी साहब ( यवधान)

ी िदिगवजय िसह (झारखड) सन िलजीए ना य कया कह रह ह

ी उपसभापित आजमी साहब दिखए आप सिनए तो सही ( यवधान)

ी अब आिसम आज़मी अ छा आप अभी नही सनत ह तो ठीक ह मगर म ( यवधान)

اچها آپ ابهی نہيں سنتے ہيں تو شری ابو عاصم اعظمی ٹهيک ہے مگرميں مداخلت


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ी उपसभापित दिखए सनग लिकन अभी ( यवधान)

ी अब आिसम आजमी मर ऊपर हमला हआ ह मर सामन एक पिलस ऑिफसर ( यवधान)

ميرے اوپر حملہ ہوا ہے ميرے شری ابو عاصم اعظمی مداخلتسامنے ايک پوليس آفيسر

ी उपसभापित इस स जकट को इसक बाद लग ( यवधान)

ी अब आिसम आज़मी नही मतरी जी क जान स पहल मरा स जकट ल लीिजए نہيں منتری کے جانے سے پہلے شری ابو عاصم اعظمی ]-ميرا سبجيکٹ لے ليجۓ

ी उपसभापित नही लीज़ आप बिठए ( यवधान)

ी अब आिसम आज़मी नही आप यह कह दीिजए ( यवधान) आप पहल मझ आ वासन द दीिजए िक मतरी जी क जान स पहल मरा ( यवधान)

نہيں آپ يہ کہہ ديجۓ شری ابو عاصم اعظمی آپ پہلے مجهے آشواسن دے ديجۓ کہ مداخلت

مداخلتمنتری جی کے جانے سے پہلے ميرا

ी उपसभापित दिखए यह सही नही ह ( यवधान)

ी अब आिसम आज़मी नही यह िब कल सही आप पहल यह कह दीिजए िक मतरी जी क जान स पहल मरी बात यहा पर सनी जाएगी सर लीज मरी यह िरकव ट ह आपस ( यवधान

يح آپ پہلے نہيں يہ بالکل صح شری ابو عاصم اعظمی يہ کہہ ديجۓ کہ منتری جی کے جانے سے پہلے ميری يہاں

ۓ گی سر پليز ميری ايک ريکويسٹ ہے آپ پر سنی جا مداخلتسے

ी उपसभापित दिखए एक िमनट आप बात सिनए

ी िशवराज वीपािटल महोदय म उनकी बात सनन क बाद ही यह हाउस छोड़ कर यहा स जाऊगा

ी अब आिसम आज़मी बहत बहत ध यवाद Thank you very much Sir

سر بہت بہت دهنيواد تهينک يو شری ابو عاصم اعظمی -ويری مچ سر


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MR DEPUTY CHAIRMAN Mr N Jothi Mr Jothi please confine yourself to the clarification We should end somewhere

SHRI N JOTHI Sir this is the final one We are facing this problem all over the country The Home Minister may kindly see clause 4 (1) It says that the statement made by a witness to the police officer a copy of that statement will be given to the witness who has made the statement free of cost However when the same person is making the same statement before the Magistrate a copy of the statement will not be given to him It will be given only to the police officer If you look at clause 5(4) it says copies of such statements shall be furnished to the police officer referred to in sub-section (1) So if a witness gives a statement to the police officer he will get the copy of his statement If the same witness makes a statement before the Magistrate he will not get a copy It is not proper Let a copy of the statement be given by the police inspector as well as the Magistrate

SHRI SHIVRAJ V PATH Mr Jothi was suggesting that this law itself should have a provision which says that the application and the affidavit given to the Magistrate in the case of plea bargaining should not be treated as a piece of evidence Mr Jothi if I understood you correctly that is what you wanted to say Professor Kurian was also trying to say the same thing What happens if there is an application and affidavit in the record What kind of importance would be attached to the contents of the affidavit and the application We are moving an amendment and we are doing exactly what you have suggested

SHRI N JOTHI Thank you Sir

SHRI SHIVRAJ V PATH This was suggested by the Prime Minister himself I must give credit to him When this Bill was shown to him he said Supposing the accused person comes and gives an application and affidavit and the judge does not accept his request for plea bargaining he would be very easily convicted on the basis of the application and affidavit not only the application but also the affidavit And this will not be correct So he suggested that something should be done We are now introducing in the amending Bill which will form part of the Criminal Procedure Code a clause under which the application and the affidavit



shall not be treated as valid pieces of evidence to be relied upon by the judge for coming to a correct conclusion We have accepted that

Mr Jalan has asked what happens to a person who is inducing an inducer to induce the witness to give a false evidence If a person gives a false statement in the court of law implicating some other persons the Criminal Procedure Code provides that he can be punished There are provisions in the Criminal procedure Code and also in the criminal laws under which such a person that means a person given a false evidence can be punished That is one thing If someone else was inducing the witness to give a false evidence what kind of treatment should be given to him was not provided by the existing law That is why by having this clause 2 it is provided that such a person the inducer a person threatening the witness to give a false evidence shall also be punished And the punishment provided is quite heavy In the original amending Bill it was seven years Now by again amending this amending provision we are saying that that punishment shall be equal to the punishment which can be given to the accused person So this is also correct It is made severe Your question is what happens if that inducer is induced The inducer is an accused person here and if any offence is committed by a person and if that offence is abetted by any other person he also becomes responsible That provision already exist in the law If the inducer is induced If the inducer can be punished for having committed an offence any other person abetting him to do it can be punished So he becomes an abettor (Interruptions)

DR BIMAL JALAN Sir the question which I have raised is quite clear (Interruptions) The issue is that there is a witness who gives a false evidence

SHRI SHIVRAJ V PATH Yes

DR BIMAL JALAN Then the witness says I gave false evidence but I was induced by Mr X Therefore Mr X is liable for punishment If it is established that he actually induced the witness

SHRI SHIVRAJ V PATIL Both are accused

DR BIMAL JALAN Is that correct Sir

SHRI SHIVRAJ V PATIL Yes

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DR BIMAL JALAN Now the question is that Mr X who has been charged with having induced the witness when the case is brought says that the accused has alleged my inducement because Mr T has induced the witness who gave the false evidence to implicate him It is not that Mr V has induced Mr X but Mr V has induced the accused the original accused to charge Mr X for having induced him You see there are three partners There is the witness Now the witness who has given a false evidence is liable for punishment under our law if it is a false evidence and if it is established to be deliberate and intentional Then the witness said I gave false evidence I gave false evidence because I was induced by Mr X1 or Mrs X or Miss X When Mr X or Miss X is charged then he or she says that the witness has brought me into the picture because Mr T has induced to witness to charge him or her Mr X or Miss X You follow Sir

SHRI SHIVRAJ V PATIL Yes I have followed

DR BIMAL JALAN Sir this is not unimaginable (Interruptions) But everything is theoretical (Interruptions) Let us say there are two gangs One gang X has induced the witness to give false evidence The witness says that he was induced by X Then you charge X Then X says the reason why the witness has a lleged that he induced him or her is because his rival gang Y has induced the witness to implicate him What would you do then

SHRI SHIVRAJ V PATIL Sir it is not at all complicated It is not at all complicated because if a witness gives false evidence he is liable to be punished He cant escape the responsibility The existing law is there to punish him What is not acaukable is a provision about someone else inducing him to do it Suppose A who is a witness gives false evidence and B induces a to give false evidence This law says that B can-be punished and what punishment can be given is provided As far as Dr Jalans point is concerned suppose B says that he did not do it but C did it It was at the instance of C that A gave false evidence (Interruptions)

MR DEPUTY CHAIRMAN It is too complicated (Interruptions) Such a situation is very rare (Interruptions)

SHRI N JOTHI There is provision under section 109 of the IPC that abetment is an offence Abetment of an abetment is also an offence

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DR BIMAL JALAN No sir B says that it was at the instance of C that the original accused has implicated him (Interruptions)

MR DEPUTY CHAIRMAN It is the same

SHRI N JOTHI Abetment of an abetment comes under section 109 of the

lPC

SHRI SHIVRAJ V PATIL Please let me explain it Sir the Criminal Procedure Code is quite comprehensive It punishes the person who commits the offence A man may remain behind the curtain and may induce any other person to commit that offence He can be punished for conspiracy He can be punished for inducement Now this specific provision is relevant to the witnesses who are induced or threatened There are two things One is that he is induced with money to give false evidence Another is that he is threatened to give false evidence In these cases the person who is inducing or threatening can be punished If something else is going to occur in such cases that also will be examined by the court The court does not simply accept it just because the witness said that he was induced The statement given by the witness that he was induced is not being accepted by the judge It is to be established Even without a person accepting the guilt of having given false evidence If in the cross-examination and because of the evidence on record the judge comes to the conclusion that the evidence given by him is false and is not truthful he can be treated as an untruthful witness and he can be punished If there is something on record which says that he was induced or threatened to give that evidence by someone else that someone else can also be punished If there is a third person involved in this activity he can also be punished for abetment in these things This law is very comprehensive and there shall be no difficulty in doing justice

Sir Dr Bimal Jalan and Mr Jethmalani suggested that I should withdraw this Bill and come back Unfortunately the Reports given by the Law Commissions are on the shelves for years together We have to remove the dust which has been collecting on them for five years for ten years or for fifteen years Then there are reports given by the independent Commissions also The matter has not come before the court so easily This Bill was introduced in Parliament This Bill has been before Parliament since 2003 Anybody who wanted to consider this Bill could have considered it in the time available to him This Bill has not come directly

256


from the Home Ministers Office to the Parliament It had gone to the Standing Committee also The Committee has given its report and that report has also been considered So it would not be proper to withdraw this Bill at this stage

DR BIMAL JALAN Sir I want to say one thing just for the record I did not say that withdraw this Bill My suggestion was postpone it My suggestion was it should be passed in the next session If you think that this is the right thing then it can be passed It is only for the record I accept your verdict (Interruptions)

MR DEPUTY CHAIRMAN No After passing this Bill we will take up Special Mentions and then adjourn the House for lunch

SHRI SHIVRAJ V PATH What is the definition of innocent Well the law knows who is an innocent person who is an accused person and who is a guilty person Anybody who is not declared guilty is treated as innocent person or after having been convicted he can still be declared as innocent person

Prof Kurian was saying that plea bargaining will be used for earning money I do not know how it can be done it is the accused person who has to go to the court It is not the complainant who is going to the court It is the accused person who is going to the court and saying that he has committed the offence (interruptions) This kind of apprehension I think need not be entertained by us

Shri Ravi Shankar Prasad was taking about weakening capacity of the police and many other things

DR RADHAKANT NAYAK (Orissa) Sir I want to say one thing (Interruptions)

MR DEPUTY CHAIRMAN Why did you wait for so long to seek a clarification (Interruptions) Let him reply He is on his legs

DR RADHAKANT NAYAK Sir it is a very important point

MR DEPUTY CHAIRMAN The Minister is on his legs has not yielded

DR RADHAKANT NAYAK Sir I have a very small point

SHRI SHIVRAJ V PATH Sir so far as the investigating machinery is concerned I am one with Shri Prasad that it needs to be strengthened

257


and it should depend not only on oral evidence but it should also collect circumstantial evidence and it should use technological methods also for collecting evidence Technological and circumstantial method of collecting evidence would be more reliable than the oral evidence Sir last time when we amended the Criminal Procedure Code we had created the Directorate of Prosecution That has already been created The Criminal Procedure Code provides for it It has already been done I dont theI dont think (Interruptions)

SHRI RAVI SHANKAR PRASAD Sir I want to (Interruptions)

MR DEPUTY CHAIRMAN No more questions

SHRI RAVI SHANKAR PRASAD Mr Minister are you sure about it

DR RADHAKANT NAYAK Sir I have a small point

MR DEPUTY CHAIRMAN Why didnt you get up when other Members were seeking clarifications

DR RADHAKANT NAYAK Sir normally I do not stand up on minor matters

SHRI RAVI SHANKAR PRASAD Sir it is a very important point No information was given to the Standing Committee They did not tell us that the Directorate of Prosecution has been established

SHRI SHIVRAJ V PATIL Why should it be given It is a public record It was passed by Parliament You are expected to know it What do you mean by saying that it was not given

SHRI RAVI SHANKAR PRASAD The Standing Committee has also recommended it

SHRI SHIVRAJ V PATIL You cannot take a plea that you are unaware of that law

DR RADHAKANT NAYAK Sir the hon Minister may kindly explain to us the difference between inducement and abetment I would like to know whether the use of the word inducement here is proper because abetment means with an intention for a crime and inducement can be positively encouraging a person for a good dead I am having the Oxford Dictionary with me I am reading it before you to get at its etymology Giving medicine to a lady at the time of child birth is inducementmdash an

258


illustration for its usage given in this Dictionary Therefore the very use of the

word inducement palpably is improper

SHRI SHIVRAJ V PATH The law has to be interpreted in the Court not in

the legislation And J would simply say that abetment is a legal term used in a law

whereas inducement you can find the meaning of it in the dictionary

MR DEPUTY CHAIRMAN I shall now put the motion to vote The

question is

That the Bill further to amend the Indian Penal Code the Code of Criminal

Procedure 1973 and the Indian Evidence Act 1872 be taken into

consideration


MR DEPUTY CHAIRMAN We shall now take up clause-by-clause

consideration of the Bill Clause 2 There is one amendment (No 3) by the hon

Minister

CLAUSE 2

Insertion of new section 195A

THREATENING OR INDUCING ANY PERSON TO GIVE FALSE EVIDENCE

SHRI SHIVRAJ V PATIL Sir I move

That at page 2 for lines 5 to 12 the following be substituted namelymdash

195A Whoever threatens another with any injury to his person

reputation or property or to the person or reputation of anyone in whom

that person is interested with intent to cause that person to give false

evidence shall be punished with imprisonment of either description for a

term which may extent to seven years or with fine or with both

259


and if innocent person is convicted and sentenced in consequence of such

false evidence with death or imprisonment for more than seven years the

person who threatens shall be punished with the same punishment and

sentence in the same manner and to the same extent such innocent person is

punished and sentenced

The question was put and the motion was adopted

Clause 2 as amended was added to the Bill

MR DEPUTY CHAIRMAN We shall now take up clause 3 There is one

amendment (No 4) by the hon Minister

CLAUSE 3

Amendment of Section 161


4 That at page 2 lines 15 to 26 be deleted


Clause 3 was deleted

MR DEPUTY CHAIRMAN We shall now taken up clause 4 There are two

amendments (Nos 5 and 6) by the hon Minister

CLAUSE 4



(i) That at page 2 lines 27 to 46 be deleted

(ii) That at page 3 lines 1 and 2 be deleted

The questions were put and the motions were adopted




260


CLAUSE 5

Insertion of New Section 164A

EVIDENCE OF MATERIAL WITNESSES TO BE RECORDED BY MAGISTRATE IN CERTAIN CASES


(iii) That at page 3 lines 3 to 19 to be deleted



Clause 6 was added to the Bill

MR DEPUTY GHAIRMAN We shall now take up clause 7 There are three amendments (Nos 8 to 10) by the hon Minister

CLAUSE 7

Insertion of New Chapter XXIA


(iv) That at page 5 lines 7 and 8 the words brackets and figure under the Juvenile Justice (Care and Protection of Children) Act 2000 or be deleted

(v) That at page 5 line 13 the words brackets and figure under the Juvenile Justice (Care and Protection of Children) Act 2000 or be deleted

(vi) That at page 5 after line 48 the following be inserted namely

Statements of accused not to be used

265L Notwithstanding anything contained in any law for the time being in force the statements or facts stated by an accused in an application for plea bargaining filed under section 265B shall not be used for any other purpose except for the purpose of this Chapter

Non application of the Chapter

265M Nothing in this Chapter shall apply to any Juvenile or Child as defined in sub-clause (k) of section 2 of the Juvenile Justice (Care and Protection of Children) Act 2000 (56 of 2000)



261


MR DEPUTY CHAIRMAN We shaJI now take up clause 8 There are two

amendments (Nos 11 and 12)

CLAUSE 8


SHRI SHIVRAJ V PATH Sir I move

(vii) That at page 6 line 7 for the word Documents the word

Department be substituted

(viii) That at page 6 line 15 for the word Documents the word





amendment (No 18) by Shrimati Brinda Karat Are you moving your

amendment

SHRIMATI BRINDA KARAT (West Bengal) Since the hon Minister has

been kind enough to move it as an official amendment I withdraw my

amendment





CLAUSE 11



(ix) That at page 6 lines 30 to 32 be deleted



262

[ 13 December 2005] RAJYA SABHA

MR DEPUTY CHAIRMAN We take up Clause 12 There are two amendments (Nos 14 and 15) by the Minister

CLAUSE 12

Insertion of new section 344a


(ii) That at page 6 lines 33 to 50 be deleted

(iii) That at page 7 lines 1 to 9 be deleted



MR DEPUTY CHAIRMAN We take insertion of a New Clause 12A There is one amendment (No 16) by the Minister

NEW CLAUSE 12A

Omission of section 2 of Act 25 of 2005


(iv) That at page 7 after line 9 the following be inserted namely

12A Section 25 of the Code of Criminal Procedure (Amendment) Act 2005 shall be omitted


New Clausemdash12A was added to the Bill

MR DEPUTY CHAIRMAN We take up Clause 13 There is one amendment (No 17) by the Minister

CLAUSE 13

Amendment of the First Schedule


That at page 7 for lines 10 to 18 the following be substituted namely

13 In the First Schedule to the Code of Criminal Procedure under the heading ImdashOFFENCES UNDER THE INDIAN PENAL CODEmdash

after the entries relating to section 195 the following entries shall be inserted namelymdash

263


1 2 3 4 5 6

195A Threatening any imprisonment for Cognizable Non-bailable Court by

person to give 7 years or fine or which false evidence both offence of

giving false evidence is triable

If innocent person The same as for Ditto Ditto Ditto

is convicted and the offence sentenced in consequence of false evidence with death or imprisonment for more than seven years

in the 4th column in the entry relating to section 196 for the word Ditto the word Non-cognizable shall be substituted




MR DEPUTY CHAIRMAN We take up Clause 1 There is one

amendment (NO 2) by the Minister

CLAUSE 1

Short Title and commencement

SHRI SHIVRAJ V PATIL Sir I movemdash

2 That at page 1 line 5 for the figure 2003 the figure 2005 be substituted

The question was put and the motion was adopted Clause 1 as amended was

added to the Bill MR DEPUTY CHAIRMAN We take up Enacting Formula

There is one amendment (No 1) by the Minister

ENACTING FORMULA


That at page 1 line 1 for the word Fifty-fourth the word Fifty-sixth be substituted

264


The question was put and the motion was adopted Enacting Fonmula as

amended was added to the Bill The Title was added to the Bill SHRI

SHIVRAJ V PATIL Sir I movemdash

That the Bill as amended be passed The question was put and the

motion was adopted

________

MATTER RAISED WITH PERMISSION

Police misbehaviour against a member of parliament at Bandra-Kurla Police Station in Mumbai

ी अब आिसम आज़मी (उ तर परदश) उपसभापित महोदय आपन मझ बोलन का मौका िदया इसक िलए म आपका एहसानमद ह म अपन होम िमिन टर साहब की बड़ी इ जत करता ह हालािक मरी इनस पसरनल जान-पहचान नही ह लिकन मझ उ मीद ह िक व आज मरी बात सनकर मर साथ ज र इसाफ करग महोदय जब इसी हाऊस का मबर होम िमिन टर बनता ह तो पिलसी क लोग िकस तरह स सर-सर कहकर अपनी जबान िघसा दत ह िकस तरह स पाच-पाच दस-दस घट उनक िलए खड़ रहत ह लिकन इसी हाऊस का एक मबर मबई गया और मबई जान कत बाद मर कछ वकर सर क साथ िकसी की त-त म-म हो गई तो पिलस क सामन दीवाना िब डसर क एक आदमी न िप तौल िखचकर धमकी दी िक म भनकर रख दगा म वहा घड़ा था जब मरा िसकयोिरटी वाला थोड़ा आग बढ़ा तो उस पिलस वाल न अपन सािथय क साथ िमलकर मर िसकयोिरटी वाल आदमी की बदक ल ली और धकका मारकर उस नीच फक िदया वह िच लाता रहा उसक जत और कपड़ वगरह सब फट गए म अपनी गाड़ी म बठकर वापस जाना चाहता था मरी मिसरडीज कार वहा खड़ी थी लिकन मझ उसम बठन नही िदया गया इसक बाद मरा हाथ पकड़कर खीच करक पिलस की वन म िबठा िदया गया मरी च पल भी वही छट गई यह मामला बा दरा-कलार कॉ पलकस पिलस टशन का ह एक मामली सा पिलस इ पकटर मरा हाथ पकड़कर खीचकर मझ पिलस की वन म िबठाता ह और ल जाकर मझ पिलस टशन म िबठा दता ह उसक बाद जब म वहा बठा होता ह तो दीवान िब डसर क गड अदर आकर कहत ह िक हमन चिड़या नही पहनी ह तम वहा िकस तरह स आए मन कहा िक म वहा नही गया था हमार वकर सर न पहल ही शिनवार को पिलस टशन म एक application द रखी थी आप दख लीिजए application दी हई ह इ पकटर कहता ह िक हम कछ नही दखग आप बठो इधर पाच आदिमय को हमन बड़ी महनत स वहा िबठाया तो इ पकटर न उ ह

265


दसर कमर म ल जाकर िखड़की स भाग िदया हम वहा 4 घट तक बठ रह जब हमार वकर सर न यह सना िक हमार साथ बदतमीजी हई ह तो एक गरीब पान वाला िसगरट बचन वाला उ तर परदश म फटपाथ पर रहन वाला आदमी जो यह सनकर आ रहा था िक हम बा दारा-करला क पलकस पिलस टशन म बठ ह वह हमार पास आ रहा था उसकी मा हज क िलए जान वाली थी उसका हज का नबर नही आया था इसिलए वह हमस िमलन आ रहा था उसको इतना मारा गया िक उसकी आख सज गई इसक पट म ददर होन लगा वह कराहता रहा दसरा आदमी आ रहा था उसको भी मारकर भजा गया तीसरा आदमी आ रहा था उसको भी मारकर भजा गया पिलस टशन क बाहर दीवान िब डसर क गड खड़ थ और एक-एक आदमी को मारकर अदर भज रह थ लिकन पिलस वाल कोई काररवाही नही कर रह थ उसक बाद म बाहर िनकल कर फटपाथ पर बठ गया िक म रा ता रोक दगा जब तक डीसीपी नही आएग सर चार घट क बाद डीसीपी साहब आए और व िवलन की तरह आए उ ह न मझस कहा िक तम यहा पर रा ता रोक रह हो मन कहा िक आप तमीज स बात कीिजए उ ह न कहा िक तम मझ तमीज मत बताओ

तम उ तर परदश म जाकर तमीज बताओ तम उ तर परदश क एमपी हो त हारी हिसयत यहा कछ नही ह तम िद ली म जाकर कानन िदखाओ मझ कानन मत िदखाओ म न उसस बात िकया मरा सामन उस िकसी का फोन आया व उसस सर कह कर बात कर रह थ और मझ कहत ह िक तम वहा कस गए म कह रहा ह िक आप

ी उपसभापित दिखए आप यह िडटल म िलखकर द दीिजए भज दीिजए हम उस भज दग

ी अब आिसम आज़मी मर पास फोटो ह मर तीन आदमी को मारा गया और म िच लाता रहा िक क लन ल लीिजए उसका एफआईआर नही िलया गया मर साथ सपरीम कोटर क एक वकील वहा मौजद थ उ ह न कहा िक यह हमारा क टी यशनल राइट ह हमारी क लन कागज पर िलखी हई ह आप उसकी फोटो कॉपी िरसीव करक द दीिजएछ उ ह न कहा िक हम नही दग हमन कहा िक इन सब लोग को चोट लगी ह उ ह अ पताल भिजए उ ह न कछ नही िकया एक बज रात तक हम वहा िच लात रह लिकन उ ह न एक क लन नही िलया

ी उपसभापित आप य चीज िलख कर भज दीिजए

ी अब आिसम आजमी सर यह मामला ह िजसन िपछल ह त म बई क साताकरज एयरपोटर पर नर दर महाराज ( यवधान) सर मरी बात ख म नही हई

ी उपसभापित दिखए आप कब तक बोलत रहग ( यवधान)

ी अब आिसम आज़मी सर मझ बोलत अभी एक िमनट भी नही हआ ह ( यवधान)

Expunged as ordered by the Chair

266


ी उपसभापित आप बिठए ( यवधान) आप बिठए यह आपन जीरो ऑवर मशन द िदया िपरिवलज मोशन का नोिटस द िदया यह अभी एडिमट नही हआ ह िफर भी आप कछ बोलना चाहत थ तो आपको बोलन िदया िजतना आप बोलना चाहत थ आपन बोल िलया दिखए हाऊस म पर िडटल म बोलन की ज रत नही ह आपको िजतना कहना था आपन कह िदया अब होम िमिन टर साहब को भज दीिजए व कछ इ कवायरी करक आपको इ तला दग अब इसस यादा कछ नही कर सकत

ी अब आिसम आज़मी सर अभी मरी बात परी ख म नही हई ह म िसफर यह कहना चाहता ह िक ( यवधान)

मौलाना ओबद ला खान आज़मी (म य परदश) उ ह इसका जवाब दना चािहए और भी एमपीज़ क साथ हमशा इस तरह का तमाशा होता ह ( यवधान) एमपीज़ का अपमान करत ह ( यवधान)

ी उपसभापित दिखए ( यवधान)

ी अब आिसम आज़मी सर इसी न िपछल ह त नर दर महाराज ( यवधान) उसक ऊपर हमला िकया ( यवधान)

ी उपसभापित अगर आप एमपी क साथ पिलस क िबहिवयर क ऊपर िडसकस करना चाहत ह तो इसक ऊपर अलग स िडसकस करग ऐसी बात नही ह मगर अब जो िवषय ह इस पर हम ( यवधान) मौलाना साहब दिखए ( यवधान)

ी अब आिसम आज़मी सर म आपस िरकव ट क गा िक ऐस और ऐस इ पकटर क साथ सखत काररवाई की जाए उ ह ऐस पो ट पर रहन की ज रत नही ह एक एमपी क साथ इस तरह हो सकता ह तो गरीब पिलस टशन म कस जाएगा िकस तरह उसकी क लन िलखी जाएगी

ी उपसभापित आपन नोिटस िदया ह It has to be sent to the State Government Then the Government gets a report from the State Government एक परोिसडयोर होता ह ( यवधान)

ी अब आिसम आज़मी सर टट गवनरमट ( यवधान) म कया गलत कह रहा ह ( यवधान)मर पास इसका फोटो मौजद ह मरी एक क लन नही ली गई म आपको फोटो िदखाऊ ( यवधान)

ी उपसभापित होम िमिन टर साहब इस पर आप कछ

कहग


267


ी अब आिसम आज़मी सर अखबार म गलत िरपोिटरग की जा रही ह ( यवधान)

اپ سبها پتی مہودے اتر پرديششری ابو عاصم اعظمی آپ نے مجهے بولنے کا موقع ديا اس کے لۓ ميں آپ کا احسان

ميں اپنے ہوم منسٹر صاحب کی بڑی عزت کرتا ہوں -مند ہوںحالانکہ ميری ان سے پرسنل جان پہچان نہيں ہے ليکن مجهے

ميری بات سن کر ميرے ساته ضرور انصاف اميد ہے کہ وه آجؤس کا ممبر ہوم منسٹر بنتا مہودے جب اسی ہا -کريں گے

ہے تو پوليس کے لوگ کس طرح سے سر سر کہہ کر اپنی زبان گهسا ديتے ہيں کس طرح سے پانچ پانچ دس دس گهنٹے ان کے

ليکن اسی ہاؤس کا ايک ممبر ممبئ گيا -لۓ کهڑے رہتے ہيںممبئ جانے کے بعد ميرے کچه ورکرس کے ساته کسی کی تو اور

تو ميں ميں ہوگئ تو پوليس کے سامنے ديوان بلڈرے کے ايک آدمی نے پستول کهينچ کر دهمکی دی کہ ميں بهون کر رکه

ميں کهڑا تها جب ميرا سيکورٹی والا تهوڑا آگے -دونگاکر بڑها تو اس پوليس والے نے اپنے ساتهيوں کے ساته مل

ميرے سيکورٹی والے آدمی کے بندوق لے لی اور دهکا مار وه چلا تا رہا اس کے جوتے اور -کر اس کو نيچے پهينک ديا

ميں اپنی گاڑی ميں بيٹه کر واپس -کپڑے وغيره پهٹ گۓجانا چاہتا تها ميری مرسڈيز کار وہيں کهڑی تهی ليکن

را ہاته مجهے اس ميں بيٹهنے نہيں ديا گيا اس کے بعد ميپکڑ کر کهينچ کر کے پوليس کی وين ميں بٹها ديا گيا

يہ معاملہ باندره کمپليکس -ميری چپل بهی وہيں چهوٹ گئايک معمولی سا پوليس انسپکٹر ميرا -پوليس اسٹيشن کا ہے

ہاته پکڑ کر کهينچ کر مجهے پوليس کی وين ميں بٹهاتا ہے اس -ديتا ہے اور لے جا کر مجهے پوليس اسٹيشن ميں بٹها

کے بعد جب ميں وہاں بيٹها ہوتا ہوں تو ديوان بلڈرس کے غنڈے اندر آکر کہتے ہيں کہ ہم نے چوڑياں نہيں پہنی ہيں تم وہاں کس طرح سے آۓ ميں نے کہا کہ ميں وہاں نہيں گيا تها ہمارے ورکرس نے پہلے ہی شنيوار کو پوليس اسٹيشن

کهی تهی آپ ديکه ليجۓ دے ر apllicationميں ايک apllication دی ہوئ ہے انسپکٹر کہتا ہے کہ ہم

پانچ آدميوں کو ہم -کچه نہيں ديکهيں گے آپ بيٹهو ادهرنے بڑی محنت سے وہاں بٹهايا تو انسپکٹر نے انہيں دوسرے

گهنٹے 4ہم وہاں -کمرے ميں لے جاکر کهڑکی سے بهگا د يا-بيٹهے رہے


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جب ہمارے ورکرس نے يہ سنا کہ ہمارے ساته بدتميزی ہوئی ہے تو ايک غريب پان والا سگريٹ بيچنے والا اتر پرديش ميں فٹ پاته پر رہنے والا آدمی جو يہ سنکر آرہا

يٹهے تها کہ ہم باندره ٹونٹولا پوليس اسٹيشن ميں بہيں وه ہمارے پاس آرہا تها اس کی ماں حج کے لئے جانے والی تهی اس کا حج کا نمبر نہيں آيا تها اس لئے وه ہم سے ملنے آره تها اس کو اتنا مارا گيا کہ اس کی آنکه سوج گئی اس کے پيٹ ميں درد ہونے لگا وه کراہتا رہا دوسری آدمی آرہا تها اس کو بهی مار کر

جا گيا تيسرا آدمی آرہا تها اس کم بهی مار کر بهيبهيجا گيا پوليس اسٹيشن کے باہر ديوان بلڈرس کے غنڈے کهڑے تهے اور ايک ايک آدمی کو مار کر اندر بهيج رہے تهے ليکن پوليس والے کوئی کارروائی نہيں کر رہے تهے اس کے بعد ميں باہر نکل کر فٹ پاته پر بيٹه گيا

تہ روک دونگا جب تک ڈی سی پی نہيں آئيں کہ ميں راسگے سر چار گهنٹے کے بعد ڈی سی پی صاحب آئے اور وه ويلن کے طرح آئے انہوں نے مجه سے کہا کو تم يہاں پر راستہ روک رہے ہو ميں نے کہا کہ آپ تميز سے بات کيجئے انہوں نے کہا کہ تم مجهے تميز مت بتاؤ تم

ميز بتاؤ تم اتر پرديش کے ايم اتر پرديش ميں جا کر تپی ہو تمہاری حيثيت يہاں کچه نہيں ہے تم دہلی ميں جا کر قانون دکهاؤ مجهے قانون مت دکهاؤ ميں نے اس بات کی ميرے سامنے اس کے پاس کسی کا فون آيا وه اس سے سر سر کہہ کا بات کر رہے تهے اور مجهے کہتے ہيں

کہہ رہا ہوں کيا آپ کہ تم وہاں کيسے گئے ميں

ديکهۓ آپ يہ ڈٹيل ميں لکه کر دی شری اپ سبها پتی ديجئے بهيج ديجئے ہم اسے بهيج ديں گے

ميرے پاس فوٹو ہيں ميرے تين شری ابو عاصم اعظمی آدمی کو مارا گيا اور ميں چلاتا رہا کہ کمپلين لے ليجئے اس کا ايف آئی آر نہيں ليا گيا ميرے ساته سپريم کورٹ کے ايک وکيل وہاں موجود تهے انہوں نے کہا کہ يہ ہمارا کانسٹی ٹيوشنل رائٹ ہے ہماری کمپلين کاغذ پر لکهی ہوئی ہے آپ اس کی فوٹو کاپی ريسيو کر کر دے ديجئے انہوں نے کہا کہ ہم نہيں ديں گے ہم نے کہا کہ ان سب لوگوں کو چوٹ لگی ہے انہيں

نہوں سے کچه نہيں کيا ايک بجے رات اسپتال بهيجئے اتک ہم وہاں چلاتے رہے ليکن انہوں نے ايک کمپلين نہيں

ليا

آپ يہ چيزيں لکه کر بهيج ديجئے شری اپ سبها پتی

سر يہ معاملہ ہے شری ابو عاصم اعظمی جس سے پچهلے ہفتہ ممبئی


269


کے سانتا کروز ايئرپورٹ پر نريندر مہاراج سر ميری بات ختم نہيں ہوئی مداخلت

ديکهئے آپ کب تک بولتے رہيں گے شری اپ سبها پتی مداخلت

سر مجهے بولتے ابهی ايک منٹ شری ابو عاصم اعظمی مداخلتبهی نہيں ہوا ہے

آپ مداخلتآپ بيٹهئے ی اپ سبها پتی شربيٹهئے يہ آپ نے زيرو آور مينشن ديديا پريويليج موشن کا نوٹس ديديا يہ ابهی ايڈمٹ نہيں ہوا ہے پهر بهی آپ کچه بولنا چاہتے تهے تو آپ کو بولنے ديا جتنا آپ بولنا چاہتے تهے آپ نے بول ليا ديکهئے ہاؤس ميں

ٹيل ميں بولنے کے ضرورت نہيں ہے آپ کو جتنا پوری ڈيکہنا تها آپ نے کہہ ديا اب ہوم منسٹر صاحب کم بهيج ديجئے وه انکوائری کر کے آپ کو اطلاع ديں گے اب اس

سے زياده کچه نہيں کر سکتے

سر ابهی ميری بات ختم نہيں شری ابو عاصم اعظمی ہوئی ہے ميں صرف يہ کہنا چاہتا ہوں کہ

مداخلت

انہيں اس کا جواب دينا مولانا عبيد الله خان اعظمی چاہئے اور بهی ايم پی کے ساته ہميشہ اس طرح کا تماشہ

ايم پی کا اپمان کرتے ہيں مداخلتہوتا ہے مداخلت

مداخلتديکهۓ شری اپ سبها پتی

نے پچهلے ہفتہ ر اسیس شری ابو عاصم اعظمی اس کے اوپر حملہ کيا مداخلتنريندر مہاراج

مداخلت

اگر آپ ايم پی کے ساته پولس کے شری اپ سبها پتی برتاؤ کے اوپر ڈسکس کرنا چاہتے ہيں تو اس کے اوپر الگ

شے ہے سے ڈسکس کريں گے ايسی بات نہيں ہے مگر اب جو ومولانا صاحب ديکهئے مداخلتاس پر ہم

مداخلت

سر ميں ا سے درخواست کرونگا کہ شری ابو عاصم اعظمی اور ايسے انسپکٹر کے ساته ايسے


270

[13 December 2005] RAJYA SABHA کی سخت کارروائی کی جائے انہيں ايسی پوسٹ پر رہنے

ضرورت نہيں ہے ايک ايم پی کے ساته اس طرح ہو سکتا ہے تو غريب پوليس اسٹيشن ميں کيسے جائے گا کس طرح اس کی

It has to be sent to the State Government کمپلين لکهی جائے گیThen the

ايک پروسيجر آپ نے نوٹس ديا ہے شری اپ سبها پتی Governmentg مداخلتہوتا ہے r t s areportfrom the State

Government

سر اسٹيٹ گورنمنٹ شری ابو عاصم اعظمی ميں کی غلط کہہ رہا ہوں مداخلتميرے پاس اس کا فوٹو موجود ہے مداخلت

ميری ايک کمپلين نہيں لی گئی ميں آپ کو فوٹو دکهاؤں ہو منسٹر شری اپ سبها پتی مداخلت

صاحب اس پر آپ کچه کہيں گے

سر اخبار ميں غلط رپورٹنگ کی جا شری ابو عاصم اعظمی مداخلترہی ہے

ी उपसभापित हम िमिन टर साहब आपकी बात का जवाब द रह ह ( यवधान)

मौलाना ओबद ला खान आज़मी होम िमिन टर साहब जवाब द रह ह आप बिठए ( यवधान)

ہوم منسٹر صاحب جواب دے رہے مولانا عبيد الله خان اعظمی مداخلتہيں آپ بيٹهۓ

ी दरनारायण पािण (उड़ीसा) अगर सहयोगी सासद क साथ ऐसा होता ह तो हम लोग क साथ कया होगा

ी लिलत िकशोर चतवदी (राज थान) माननीय उपसभापित महोदय मरा एक छोटा सा िनवदन ह िक एमपी महोदय न जो बात यहा कही ह अगर गवनरमट का ममतरी महोदय का इसक ऊपर िरएकशन नही आएगा तो यह बात सार समाज म जाएगी

ी उपसभापित व िरएकशन द रह ह daggerTransliteration in Urdu Script

271


गह मतरी( िशवराज वीपािटल) ीमन जो कछ भी मझ बताया गया ह उसका कोई समथरन नही कर सकता ह अगर वह सही ह तो बहत िरिपरहिसबल ह म स मानीय सद य स दरखवा त क गा िक उ ह न जो बताया ह व परी तरह स िलिखत प म मझ द द म महारा टर सरकार तो यह मामला बता दगा और उ स परी तरह स िरपोटर मगाउगा और उनस कहगा िक जो भी काननी कायरवाई हो व पिलस क लोग ह या दसर ह िज ह न अगर गलती की ह उनक साथ होना चािहए

ी अब आिसम आजमी ध यवाद सर دهنيواد سر شری ابو عاصم اعظمی

_________

SPECIAL MENTIONS Non-curtailment of Flood Relief to Karnataka

SHRI BK HARIPRASAD (Karnataka) Sir the Government of Karnatakas righteous resentment over the Centres calling back a part of the rain relief fund it had released in response to the first memorandum of Karnataka amounting to Rs 357 crores calls for a more humane and compassionate review The Centres calling back a part of released funds Rs 15815 crores of the first disbursal dampens the spirit of magnanimity and compassion with which such relief funds are related The Centres

action prompted by the recommendations of the Central team of observers who surveyed the extents of calamity of the first phase of floods in Norther Karnataka fixed the extent damage at a much lower level

The State had already spent around Rs 304 crores out of the disbursal and is committed to adjust another Rs 100 crores it had obtained from Finance Department upon receipt of further disbursement from the Centre


272


There being two more disbursals from the Centre awaiting to be made in response to the second and third memorandum aggregating to Rs 1256 crores the Centre should have acted with more restraint in the matter of asking for the return of the excess funds purportedly released for the first phase of relief works The hon Minister of Home Affairs had admitted that the initial disbursal of Rs 357 crores released by the Centre not to insist on the return of funds released for relief work already done and speed up the disbursements for the subsequent two phases

SHRIMATI PREMA CARIAPPA (Karnataka) Sir I associate myself with the Special Mention

SHRIV NARAYANASAMY (Pondicherry) Sir I too associate myself with the

Special Mention

SHRIMATI BIMBARAIKAR (Karnataka) Sir I too associate myself with the Special Mention

Demand for compensation to the victims of bomb blasts in the Country

ी कलराज िम (उ तर परदश) उपसभापित जी िद ली म हए खलाबदध बम िव फोट म घायल और मतक क पिरजन को मआवज और िचिक सा िबल क भगतान क िलए दर-दर की ठोकर खानी पड़ रही ह दीवाली क क पवर हए खलाबदध बम िव फोट म जहा अ पाताल की िचिक सा यव थआ की पोल खल गयी वही आपदा परबध भी लचर सािबत हआ कई घायल आज भी अपन यय पर िचिक सा कहा रह ह

घायल दकानदार रहड़ी ताल आज भखमरी की ि थित म ह आिधकाश घायल की सनन की शिकत भी कषीण हो गई ह और काम करन लायक नही रह गए ह वही कई मतक क नाम ही मआवज का चक बहच रहा हलिलत की िवधवा लिलत क नाम का चक लकर अिधकािरय क चककर काद रही ह उ तर परदश क बदाय का प प िदस की आख की रोशनी चली गई ह अथवा िबहार क राज राज दर राजदव जस दजरन लोग मआवज क िलए भटक रह ह

273


म सदन क मा यम स माग करता ह िक सरकार िशधर ही मतक क पिरजन को मआवजा रािश िदलाए तथा उस क पिरजन को रोजगार क साधन मह या कराए(समा त)

परोराम दव भडारी(िबहार)सर म वय तो इस िवशष उ लोख स सबदध करता ह

मौलाना ओबद लाह खान आज़मी ( य परदश) सर म ऐसोिसएट करता ह سر ميں بهی مدهيہ پرديشمولانا عبيد الله خان اعظمی

ايسوسی ايٹ کرتا ہوں

ी अजय मा (झारखड) म भी एसोिसएट करता ह

[THE VICE-CHAIRMAN (SHRI KALRAJ MISHRA) in the Chan]

Demand to provide pure drinking water for controlling water borne diseases in the country

SHRIMATI SYEDA ANWARA TAIMUR (Assam) Sir pure drinking water is as much essential as air without air we cannot survive So water rs also an utmost necessary object for our livelihood Though our dountry attained Independence 58 years ago yet we do not get pure drinking water for ail the citizens of our country In some of the States like Rajasthan and Madhya Pradesh there is dearth of water but underground water is not available We are spending so much for petroleum import through pipeline from neighbouring countries Similarly to provide pure drinking water through pipeline everywhere where ground water is not available water should be made available through pipeline from abundant water resources

People below poverty tine are taking polluted water from ponds wells or rivers in most of the States In our country most of the diseases occur due to polluted water we are spending crores of rupees for constructing hospitals and medicines All the developed countries in the world are providing pure drinking water in a systematic and planned way If we provide pure drinking water we can eradicate many waterborne diseases

I feel the Planning Commission as well as the Central Government should pay more attention to this subject law Should be passed that every constituency every school every village hill area and every industry or factory should provide pure drinking water to all the employees and citizens so that India is able to have healthy people as its citizens Thank you


274


Demand for proper rehabilitation of rescued child labourers in the country

DR ALLADI P RAJKUMAR (Andhra Pradesh) Sir despite having laws prohibiting employment of children and more so in hazardous occupations it is a fact that millions of children are working in the country and many of the occupations are of course hazardous to name a few cracker factories carpets bangles zari beedi making etc leave aside the children working in households hotels dhabas ornament industries as vendors balloon sellers shoeshine boys and so on and so forth These children have no other option but to work for their survival as well as support their families Many of these hapless children are pledged to their employers by none other than their parents some of them are alcoholics and drug addicts But most of the children have no other option but to work When law is there raids and inspections to detect cases are also carried Recently the House was informed that in Maharashtra 916 children were rescued from embroidery units in the last few months These children were shown in the TV channels and most of them were pleading that they want to work At the age of school going and playing the children have to work which no doubt is a blot on our progress made during the last five decades

It is our solemn duty to extend welfare measures and properly rehabilitate the children withdrawn from working Rescuing them from work alone is not sufficient They have to be given proper education training and settlement in lives I demand from the Government to extend the requisite welfare measures to the children rescued from work and properly rehabilitate them A survey should be conducted about the economic conditions of the families of the rescued children and those needy and below the poverty line should be given financial assistance for subsistence and also work as per their caliber But the State has to take care of its future citizens Thank you

SHRI GIREESH KUMAR SANGHI (Andhra Pradesh) Sir I associate myself with this Special Mention

SHRI JAIRAM RAMESH (Andhra Pradesh) Sir I also associate myself with the views expressed by the hop Member

Demand to enact National Adoption Law

SHRI SHANTARAM LAXMAN NAIK (Goa) Sir recently in Mumbai

275


a Police Inspector was told by his lawyers that he cannot adopt a little girl he rescued recently from a life of abuse abandonment as he was a Muslim and the girl was a Hindu

Hindu Adoption and Maintenance Act has become a major hindrance for the kind and generous willingness shown by the inspector to adopt the girl The girl does not want to live with the parents or grandparents and the girl whose mind and heart know no religious or caste bars says that she wants to stay with uncle as she calls her savior

The heart-rending story of the girl is that her parents do not want her as she is their second daughter

India is a secular country and therefore our secular principles should not be restricted to preserve and protect the Constitution of India only when we take oath while filing nomination papers or while taking oath upon getting elected MPs or MLAs but we should endeavor to preserve and protect the Constitution in real sense

Can we therefore not enact a National Adoption Law which contains no such restrictions for adoption of children on grounds of caste or religious grounds Thank you

Revival of Hindustan Photo Films Limited

SHRI C PERUMAL (Tamil Nadu) Sir my Special Mention is pertaining to the revival of Hindustan Photo Films Company Limited

Sir the Hindustan Photo Films is the only public sector undertaking located in Nilgiris district in Tamil Nadu There have been many demands for revival of this undertaking Accordingly AF Ferguson Company Limited submitted a Report for revival of this enterprise A meeting was fixed on 24th August 2005 for discussion of the Report but on 23rd August 2005 a decision was taken to drop the idea of revival of HPF as it would require a huge amount for revival But at last the meeting was held on 18th October 2005 and after a detailed discussion it was decided that AF Ferguson and Company Limited might be asked to submit two detailed Reports on the revival or closure of the organisation

In this connection it may be mentioned that revival of loss-making public sector undertakings like Indian Drugs and Pharmaceuticals Limited has been revived at a cost of Rs 200 crores Several loss-making undertakings like Cement Corporation of India Bharat Wagon amp Engineering Company Braithwaite amp Company have been left untouched

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But the decision to close the Hindustan Photo Films Company is a real surprise It is probably the only company in the South Asia manufacturing photo films The organisation supplies X-ray films uised in hospitals films for cinema industry etc If any decision made to close down the important organisation it would definitely benefit private organisations like Kodak Konica and Fuji which are multinational companies Moreover a nominal amount would be required for revival of Hindustan Photo Films Company Therefore I demand that a revival package for the Hindustan Photo Films Company Limited should immediately be declared so that this unique organisation is savedThank you

SHRI S ANBALAGAN (Tamil Nadu) Sir I associate myself with the Special Mention made by my friend Thank you

SHRI R KAMARAJ (Tamil Nadu) Sir I also associate myself with the Special Mention made by my colleague on Hindustan Photo Films Thank you

Demand for speedy development of railways in Orissa

ी दरनारायण पािण (उड़ीस) ध यवाद उपसभा यकष महोदय मरा िवशष उ लख उड़ीसा म रलव क दरत गित स िवकास की मा को लकर ह उड़ीसा म अब तजी स औ योगीकरण हो रही ह काफी कपनीया िनवश क िलए रा य म आ रही ह ऐसी सरत म रा य म रलव का दरत िवकास होना चािहए वस भी दसर रा य की तलना म उिड़सा रलव की ि ट स काफी िपछड़ा हआ परात ह परदश क खरदा-बोलिगर अनगल-सिकदा वालचर- िबमलगढ़ लािजगढ़-जनागढ़ आिद पर तािवत पटिरय को अिधक मह व दकर शीधरितशीधर समा त िकया जाना चािहए आगामी रल बजट म रा य की की लाइन क िव यतीकरण क परित भी अिधक ग व िदया जाना चािहए यामाचरण-पर ढकानाल अनगल तालचर रोड आिद टशन क िवकास क िलए म इस िवशष उ लख क मा यम स सरकार न िनवदन करता ह

महोदय वषर 2005-2006 क बजट की कछ घोषणाओ का अभी तक अमल न होना अ य त दभारगयपणर हउसम 84078408- हीराकड एकसपरस क सपरसारण की बात कही गई थी उसी परकार भवन वर स सबलपर तक एक इदरिसटी एकसपरस क परवतरन की बातकी गई थी मातर इन दोन बात पर अभी तक अमल नही हआ ह पन गरोरकड एकसपरस एक ऐसी रलगाड़ी ह जो िक भवन वर स िद ली तक सबस कम दरी की था सबस कम समय म यातरा परी कर सकती ह उस गाड़ी क परित अिधक घयान िदया जाना चािहए तालचर टशन म गलत

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िडजाइन क कारण गािडय क इिजन को पन घमान पड़ता ह वहा पर पास म ि थित एलिमिनयम उ पादनकारी नालको क टाउनिशप तक एख लप-लाइन बना दन स बहत सारी सम या का समाधान हो सकता ह वषर 1999 स उस पर िवचार हो रहा ह आगामी बजट म तालचर-नालको नगर लप-लाइन पर अिधक यान िदय जान क साथ-साथ नालक नगर म एक पसजर हॉ ट िकए जान क िलए म परजोर माग करता ह भवन वर स जयपर जान वाली सा तािहक तथा भवन वर स कलार जान वाली सा तिहक टरन को रा य म एख िवकासमान गरामीण यापार क दरबोइडा म टॉपज करान क िलए भी म माग करता ह रा य क पि चमाचल क सबलपर राउरकला हो क बरा ता बोकारो एक राजधानी एकसपरस मतरी महोदय चलाए जान की सारी सभावना ह उस पर िदल स िवचार करन क िलए म माननीय मतरी महोदय स पराथरना करता ह ध यवाद

ी सर दर लाठ (उड़ीसा) उपसभा यकष जी म एसोिसएट करता ह

डा जञान परकाश िपलािनया (राज थान) सर म एसोिसट कर रहा ह

Demand for central grants to protect the interest of Karnataka Farmers

SHRIMATI PREMA CARIAPPA (Karnataka) Sir farmers and their occupation agriculture is the backbone of our economy and so is the case of my home State Karnataka It is the endeavour of the Central Government as well as the State Government of Karnataka to pay remunerative prices to the farmers for their produce Many a time when the farmers grow bumper crops there is glut in the wholesale market and the prices of the produce nosedive To protect the interests of the farmers at such times market intervention by the Government particularly by the State Government becomes inevitable In order to meet such eventualities the Government of Karnataka has established a Revolving Fund with a corpus of Rs 200 crores for compulsory market intervention in the State So far onion potato maize ragi ball copra tur arecanut gram tomato coffee jowar have been procured worth Rs 29614 crores This is for the first time in the history of any State that such huge procurement operations have taken place to help the farmers of Karnataka

However the Revolving Fund of Rs 200 crores established by the Government of Karnataka with the help of Agriculture Produce Marketing Committees in the State is too inadequate to meet such a noble and

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gigantic task The State Government has requested the Centre to release a matching grant to the Revolving Fund of the State

I therefore demand from the Central Government to release the matching grant of Rs 200 crores for the Revolving Fund of the State Government of Karnataka on priority basis so that the farmers of Karnataka are well protected and they need not go in for distress sale of any of their agricultural produce

Need to upgrade Nizams Institute of Medical Sciences and Sri Venkateshwara Institute of Medical Sciences in

Andhra Pradesh

SHRI RAVULA CHANDRA SEKAR REDDY (Andhra Pradesh) Sir the medical institutes namely Nizams Institute of Medical Sciences (NIMS) at Hyderabad and Sri Venkateshwara Institute of Medical Sciences (SVIMS) at Tirupati both in the State of Andhra Pradesh are in service of the poor people and are doing very good service so far as chronic and killer diseases are concerned They are equipped with many special equipments and are having many experienced doctors To further improve the status of these institutions the Government of Andhra Pradesh has sent a proposal to the Government of India for upgrading these institutions to the level of the All India Institute of Medical Sciences Delhi with an outlay of Rs 180 crores But it is pending for long with the Central Government The proposal under Pradhan Mantri Swasthya Suraksha Yojana (PMSSY) has been cleared by the Expenditure Finance Committee and the Committee of Secretaries (COS) and is being processed for placing before the Cabinet the Committee on Economic Affairs (CCEA) for approval It is a long-pending demand of the people of Andhra Pradesh

Hence I request the Government of India to sanction an amount of Rs 180 crores to improve the facilities at Nizams Institute of Medical Sciences and Shri Venkateshwara Institute of Medical Sciences and bring them to the level of the All India Medical Sciences Delhi

SHRI GIREESH KUMAR SANGHI (Andhra Pradesh) Sir I associate myself with what the hon Member Shri Ravula Chandra Sekar Reddy has said

SHRI JAIRAM RAMESH (Andhra Pradesh) Sir I associate myself with what the hon Member Shri Ravula Chandra Sekar Reddy has said

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Concern over terrorists having acquired High Technological Weapons and Communication System

ी अजय मा (झारखड) महोदय यह बात अब परमािणत हो चकी ह िक ज म-क मीर तथा अ य रा य म सिकरय आतकवािदय न अ च तकनीकी कषमता क हिथयार परा त कर िलए ह और व इस मामल म पिलस व सरकषा बल स बहत आग ह अ च सिनक अिधकािरय न भी समाचरारपतर म परकािशत साकषा कार म इस बात को वीकार िकया ह चिक आतकवािदय की सखया कम ह व अ च तकनीकी की मदद स आतकवादी घटनाओ को सफलतापवरक अजाम द दत ह इनिक सहायता स उनका सचना ततर भी बहत मजबत हो गया ह इस आतकवादी सगठन को पािक तान स सहायता िमलती ह इसिलए उनक पास पस की कमी भी नही ह इस पस स व आधिनक तकनीक क उपकरण जस कटरोल कािकर ट वहरह खरीद लत ह इस पर गह मतरालय तथा रकषा मतरालय को यान रखना चािहए


परोराम दव भडारी (िबहार) महोदय म िवशष उ लख क मा यम स एख अित मह वपणर िवषय की ओर सरकार का घयान आक ट करना चाहता ह पवर िबहार सरकार न कािमरक और परशासिनक सधार िवभाग क मा यम स पहल आठ जाितय नोिनया िबद म लाह कमारबढ़ई तरहा राजभर चदरवशी औऱ िफर तीन जाितय नाई कान और ताती कल 11 जाितय को अनसिचत जाित म शािमल करन की अनशसा क दर सरकार को भजी ह यह 11 जाितय अ यत िपछड़ा वगर की ह िजकनी सामािजक आिथरक शकषिणक राजनितक ि थित अनसिचतल जाती जसी ह िबहार सरकार की इस अनशसा पर कायरवाही म िवल ब करता इन जाितय क साथ याय म िव ब करना ह

म सरकार स अनरोध करता ह िक िबहा सरकार की अनशस पर त काल कायरवाही करत हए उि लिखत जाितय को अनसिचत जाित म शािमल करन की िदशा म शाधर आदश जािर कर

डा कमकम राय (िबहार) महोदय म इस पशल म शन का समथरन करती ह

ी िगरीश कमार सागी (आ धर परदश) महोदय म भी समथरन करता ह

Need to prevent girl child marriages aborting female foeticide and growing gender imbalance in the country

SHRI VIJAY J DARDA (Maharashtra) Mr Vice-Chairman Sir I am thankful to you for permitting me to raise the Special Mention concerning

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girl child marriage aborting female foetuses and growing gender imbalances The United Nations Population Fund Report 2005 says that allowing girls to marry before 18 years puts them at risk of domestic violence and death This situation is now further compounded with the Delhi High Court judgement saying that marriage of a minor girl above 15 years is not illegal if it is done under her own free will Although it is illegal to marry a girl before she is of 18 years 50 per cent girls get married before they are 18 years A survey in Madhya Pradesh reported that 14 per cent girls had got married between 10 and 14 years Young mothers are more likely to die with girls aged 10-14 years being five times more likely to die in pregnancy and childbirth than women aged 20 and above Even the Government Reports admit two million female foetuses being aborted each year Two two-child policy that promotes the idea that a perfect family involves one girl and one boy is partly to be blamed for the dwindling number of girls Resentment expressed by the National Commission for Women and other Womens organisations in this regard be seriously taken note of and immediate multi-pronged approach be adopted to ensure on the one hand strict enforcement through stringent penalties provisions relating to not allowing girls marriage below 18 years and on the other creating a realistic social awareness for not resorting to abortion of female foetuses and simultaneously not only fully protecting the girl child but giving maximum all round encouragement for their optimum development thereby correcting the growing gender imbalance

SHRIMATI KUM KUM RAI (Bihar) Sir I associate myself with the Special Mention made by the hon Member

SHRI DHARAM PAL SABHARWAL (Punjab) Sir I also associate myself with it

Concern over spread of dengue in Delhi

ी मोती लाल वोरा( छ तीसगढ़) माननीय उपसभा यकष महोदय दश की राजधानी िद ली म डग का परकोप प नही पा रहा ह उन थान पर डग का परकोप अिधक ह जहा गदनी बहत अिधक ह पालम गाव राजनगर साधनगर मध िबहार आिद ऐस कषतर ह जहा सफाई िवभाग औऱ वा य िवभाग क अिधकारी कभी जात ही नही ह म छर का परकोप तो लगभग सभी थान पर ह औऱ म छर को मारन क िलए शायद ही दवा का िछड़काव कही िकया गया हो म छर मार दवा का िछड़काब न होना पानी का जगह-जगह जमा रहना िकचड़ औऱ ग दगी

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की सफाई न होना आिद ऐस कारण ह िजनकी वजह स डग की रोकथाम नही हो सकी ह चाल वषर म डग क परकोप स 300 स अिधक लोग को जान गवानी पड़ी ह औऱ सकड़ लोग अ पताल म भरती ह िपछल वषर भी िद ली म डग का परकोप हआ था और काफी बड़ी सखया म लोग की मौत हई थी क दरीय व य िवभाग को इस िबमाली की रोकथाम क िलए साथरक कदम उठान की आव यकता ह तथा परशासन क अिधकािरय की डवाबदरी िनि चत करनी होगी

डाफागनी राम (िबहार) सर म भी अपन आपको इसस स बदध करता ह


SHRI SILVIUS CONDPAN (Assam) Sir I beg to draw the attention of the Ministry of Defence to the importance of the following roads in Assam bordering Bhutan and China through Arunachal Pradesh The roads in question fall under Assam PWD But the reasons are not known as to why Assam PWD does not undertake any repair work of these roads which are inter alia of public interest and they are also important from defence strategic point of view These roads refresh our memory about the Chinese agression of 1962 in these sectors as to how the Indian Army had to suffer hardships due to lack of proper road facilities I am sure the Defence officials and officials of the Border Roads Organisation stationed in these sectors will give their opinion about the importance of these roads They need to be taken care of by the Ministry of Defence by converting them into General Staff roads or roads to be taken by the Border Roads Organisation and maintained by its funds to keep them always fit for transportation from the defence strategic point of view

The roads are (1) Tihu-Doomni-Suban Khatta (2) Mangaldai-Bhutaichang-Samrang (3) Missing link between Missamari Military Cantonment-Rangapara-Balipara-Bhalupoong road (4) Orang-Mazbat-Rupa road covering Assam and Arunachal Pradesh portion and (5) Rowtacharali-Udalguri-Tamulpur road Thank you

SHRI DHARAM PAL SABHARWAL (Punjab) Sir I associate myself with the Special Mention made by the hon Member

Need to encourage Homoeopathy Medicines in the country

SHRI GIREESH KUMAR SANGHI (Andhra Pradesh) Sir homoeopathy is a specialized method of therapy aimed at curing the natural

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suffering of the patient and is being administered in India for the past 150 years Mahatma Gandhi said that homoeopathy was the latest and refined method of treating patients economically and non-violently I request that the Government should encourage and patronize it in the country

The merits of homoeopathy consists in its holistic and individualistic approach in tune with its dictummdashTreat the patient and not the disease Experiments have proved that Homoeopathy is a better and safer system of treatment which can be offered to the mankind compared to the allopathy medicine

Homoeopathy is in conformity with the natures laws Both Ayurveda and Homoeopathy except the role of surgery but in a few selective cases like minor ailments they provide relief without taking recourse to surgery These have the least side effects and ensure cure but slowly

Hence I request the Government to continue extending its unstinted support to both the systemsmdashAyurveda and Homoeopathy The Government should ensure that homoeopathy medicines are made available to the poor I also appeal to the Minister to increase the budgetary allocations to the two branches of medicine Thank you

Need for taking effective measures for production of Zetropha Crop in the country

डाजञान परकाश िपलािनया (राज थान) उपसभा यकष महोदय रतनजोत की पटरोिलयम इधन क थान पर वकि पक ईधन क प म िवकािसत िकए जान वाल बायोडीजल क िनमारण म परयकत िकया जाता ह रतनजोत (जटरोफा) की खती िव कल न क बराबर पानी एव िबना िकसी खाद क बजर एव उबड़-खाबड़ भिम म भी आसानी स हो सकती ह इसीिलए बायोडीजल क उ पादन क िलए बकार पड़ी जमीन क इ तमाल स गरीबी क इलाक म खती म करन स बकार पड़ जगल म लगन क कारण जटरोफा करकस की खती अिधकतम उपयोगी मानी गई ह राज थान म इसकी खती की िवपल सभावनाए ह दश म इस समय लगभग 639 लाख हकटयर भिम बजर ह कवल 30 लाख हकटयर म जटरोफा (रातनजोत) की खती म डीजल की वतरमान खपत का 5 परितशत लत परा त िकया जा सकता ह भारत म क च तल का आयात 85 स 145 िमिलयन टन ह भारत म यातायात-उजार का भारी िह सा इ तमाल िकया जाता ह खासतौर स िडजल िजसका पितर िवदश स आयात पर आि त ह इटली अमिरका जापान और मलिशया म बायोिडजल का यावसाियक उ पादन होन लगा ह भारत इस कषतर म दर स कदम रखन वाल दश म स एक ह भारत न वषर 2006 म दश म पौध स बनन वाल ईधन यानी बायोिडजल को

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यावसाियक उ पादन का ल य रखा हअत मरा आगरह ह िक क दर सरकार को रतनजोत की खती क िलए यदध तर पर िवशष कायर योजना बनानी चािहए

ी दरनारायण पािण (उड़ीसा) उपसभा यकष महोदय म इसस अपन आपको सबदध करता करता ह

ी अजय मा (झारखड) उपसभा यकष महोदय म इसस अपन आपको सबदध करता ह

ी ल मीनारायण शमार (म य परदश) उपसभा यकष महोदय म इसस अपन आपको सबदध करता ह

SHRI V NARAYANASAMY (Pondicherry) Sir I would like to associate myself with the Special Mention made by the hon Member

Shifting of the Regional Training Institute of the Central Board of Direct Taxes from Hazaribagh Jharkhand

SHRI YASHWANT SINHA (Jharkhand) Sir a Regional Training Institute of the Central Board of Direct Taxes was established in Hazaribagh Jharkhand It has functioned for seven years now According to my information it has functioned well The CBDT also approached the Jharkhand authorities for allotrnent of land for a permanent building for this Institute Land for this Institute was allotted and the Government of India deposited a sum of around Rs 4 crores for this purpose Seven years later the CBDT has suddenly decided to close down this Institute in Hazaribagh and its functions shifted to the RTIs elsewhere

Jharkhand is a backward State and Hazaribagh is a backward district of a backward State Location of institutions of this kind help in the progress of a place like Hazaribagh It is a matter of great concern therefore Sir that this Institute is sought to be closed down

Immediately on getting this information I wrote a letter to the Finance Minister Shri P Chidambaram on 28102005 I have received an acknowledgement from him through his letter dated 231120051 do not know where the matter stands now

I urge upon the Finance Minister through you Sir to reconsider this matter and recall this unjust order of the CBDT

डा जञन परकाश िपलािनया ( राज थान) उपसभा यकष महोदय म इसस अपन आपको सबदध करता ह

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ी दरनारायण पािण (उड़ीसा) उपसभाधयकष महोदय म इसस अपन आपको सबदध करता ह


Ensuring smooth movement of vehicles carrying animals in view

of the forthcoming festival of bakrid

ी अब आिसम आजमी (उ तर परदश) उपसभा यकष महोदय आपको यह मालम होगा िक ईद अझहा (बकरीद) मि लम मजहब का एक बहत अहम और पिवतर योहार ह इस योहार म हज परा होन क बाद जानवर की कबारनी करक एक मजहबी िज मदारी को िनभाया जाता ह हम अपन म क म अमन व शाित क साथ रहन और सभी धम को समभाव स दखत हए आपस म िम-जलकर एक दसर क योहार को मनान म यकीन रखत ह और हमन इस मामल म अपन दशवािसय क साथ परा-परा सहयोग िकया ह लिकन दभारगय स िपछल कछ साल स बकरीद क मौक पर कछ उपदरवकारी ज थ इस अवसर पर उपदरवी और भड़काऊ माहौल पदा करन का परयास करत ह य लोग तरह-तरह क बहान बनाकर कबारनी क जानवर लान वाली गािड़य को चक नाक पर या उसस पहल जबदर ती रोककर जानवर को छीन लत ह और गाड़ी चालक और उनक कमरचािरयो क साथ मारपीट भी करत ह ऐसी घटनाओ स शहर म सा परदाियक तनाव और कानन यव था का पर न उ पन होता ह

महोदय भारत क सिवधान क अनसार हर धमर क मानन वाल को अपनी मजहबी िज मदारी का पालन करन का हक हा महोदय मझ आपको यह जानकारी दत हए दख होता ह िक हर साल बकरीद क मौक पर जानवर लान वाली गािड़य को परशान िकया जाता ह सन 2006 क जनवरी माह म बकरीद का योहार मनाया जान वाला ह इसिलए सरकार स मरा अनरोध ह िक उपरोकत दी गयी जानकारी पर िवशष यान दत हए उपदरवी घटक को ऐसी हरकत स रोका जाए तािक मि लम मजहब मानन वाल को कबारनी क जानवर को लान म और अपन मजहबी फरीज को अदा करन म िकसी तरह की परशानी या द वारी का सामना ना करना पड़ म िनवदन करता ह िक तर त इस पर कदम उठाया जाए कय िक बकरीद िब कल करीब ह ध यवाद

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اپ سبها ادهيکش اتر پرديششری ابو عاصم اعظمی) بقرعيد(ا کہ عيد الاضحی مہودے آپ کم يہ معلوم ہوگ

مسلم مذہب کا ايک بہت اہم اور پوتر تہوار ہے اس تہوار ميں حج پورا ہونے کے بعد جانورں کی قربانی کر کے ايک مذہبی ذمہ داری کونبهايا جاتا ہے ہم اپنے ملک ميں امن و شانتی کے ساته رہنے اور سبهی دهرموں کو

ل کر ايک دوسر کے سمبهاؤ سے ديکهتے ہوئے آپس ميں مل جتہواروں کو منانے ميں يقين رکهتے ہيں اور ہم اس معاملے ميں اپنے ديش واسيوں کے ساته پورا پورا سہيوگ کيا ہے ليکن دربهاگيہ سے پچهلے کچه سالوں سے بقرعيد کے موقع پر کچه اپدروکاری جتهے اس اوسر پر اپدروی اور

ہيں يہ لوگ بهڑکاؤ کا ماحول پيدا کرنے کا پرياس کرتےطرح طرح کے بہانے بنا کر قربانی کے جانور لانے والی گاڑيوں کو چيک ناکوں پر يا اس سے پہلے زبردستی روک کر جانوروں کو چهين ليتے ہيں اور گاڑی چالکوں اور ان کے کرمچاريوں کے ساته مار پيٹ بهی کرتے ہيں ايسی گهٹناؤں سے شہروں ميں سامپردائک تناؤ اور قانون

ويوستها کا پرشن اتپن ہوتا ہے

مہودے بهارت کے سنودها کے مطابق ہر دهرم کے ماننے والوں کو اپنی مذہبی ذمہ داری کا پالن کرنے کا حق ہے مہودے مجهے آپ کو يہ جانکاری ديتے ہوئے دکه ہوتا ہے کہ ہر سال بقرعيد کے موقع پر جانور لانے والی گاڑيوں

کے جنوری ماه ميں 2006سن کو پريشان کيا جاتا ہےبقرعيد کا تہوار منايا جانے والا ہے اس لئے سرکار سے ميرا انوروده ہے کے اپروکت دی گئی جانکاری کا وشيش دهيان ديتے ہوئے اپدروی گهٹکوں کو ايسی حرکتوں سے روکا جائے تاکہ مسلم مذہب ماننے والوں کو قربانی کے

ی فريضہ کو ادا کرنے جانور کو لانے ميں اور اپنے مذہبميں کسی طرح کی پريشانی يا دشواری کا سامنا نہ کرنا پڑے ميں نويدن کرتا ہوں کہ فورا اس پر قدم اٹهايا

جائے کيوں بقرعيد بالکل قريب ہے دهنيواد ختم شد

उपसभा यकष ( ी कलराज िम ) सदन की कायरवाही तीन बज तक क िलए थिगत की जाती ह

The House then adjourned for lunch at fifty-seven minutes past one of the clock

The House re-assembled after lunch at three of the clock


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MR DEPUTY CHAIRMAN in the Chair

GOVERNMENT BILLS (Contd)

The Chartered Accountants (Amendment) Bill 2005

The Cost and Works Accountants (Amendment) Bill 2005

and

The Company Secretaries (Amendment) Bill 2005

MR DEPUTY CHAIRMAN We shall now take up the Chartered Accountants (Amendment) Bill 2005 the Cost and Works Accountants (Amendment) Bill 2005 and the Company Secretaries (Amendment) Bill 2005

SHRI C RAMACHANDRAIAH (Andhra Pradesh) Sir the entire House wants to know your view

MR DEPUTY CHAIRMAN I declare my interest that I am a Chartered Accountant

THE MINISTER OF STATE OF THE MINISTRY OF COMPANY AFFAIRS (SHRI PREM CHAND GUPTA) Sir I beg to move

That the Bill further to amend the Chartered Accountants Act 1949 be taken into consideration

That the Bill further to amend the Cost and Works Accountants Act 1959 be taken into consideration

That the Bill further to amend the Company Secretaries Act 1980 be taken into consideration

Sir the Chartered Accountants the Cost and Works Accountants and Company Secretaries are the three professions which play very important role in the corporate sector These professions are regulated by three statutory Institutes - the Institute of Chartered Accountants of India the Institute of Cost and Works Accountants of India and the Institute of Company Secretaries of India which have been set up under the Chartered Accountants Act 1949 the Cost and Works Accountants Act 1959 and the Company Secretaries Act 1980 respectively Sir the regulatory measures regarding these three Institutes were introduced

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many years ago when India had just emerged from its colonial past and stepped into the modern era As we have progressed over the years and as India has transformed from a poor Third World country to an emerging economic power house need for new arrangements has been felt This is particularly so during the last 15 years during which significant changes have taken place at the national and international level Based on these experiences consensus has evolved for the need of further reforms to be brought in the economy in general and the professions in particular Sir the regulatory mechanism available today for the three professional Institutes is considered deficient in certain respects more particularly in the following areas

(i) taking corrective action wherever required

(ii) enabling full utilisation of capacities of the Indian professionals to provide services in the international arena

(iii) providing guidance for the growth of the professions in line with changed requirements of stakeholders and providing avenues for growth of institutions in a well-administered and transparent fashion

With these objectives in mind and based on the recommendations of the Joint Parliamentary Committee on Stock Market Scam and the high level Committee on Corporate Audit and Governanes-set up under the Chairmanship of Shri Naresh Chandra Amendment Bills to this effect were introduced in the Rajya Sabha on 23rd December 2003 The Bills were thereafter referred to the Parliamentary Standing Committee on Finance whose reports were presented to Parliament in February 2005 Taking into account the recommendations of the Committee extensive changes were required in the original Amendment Bills Hence they were permitted to be withdrawn by the House on 6th December and new Amendment Bills were introduced on the same day incorporating the proposed amendments Sir changes which were envisaged in the Bill are aimed at ensuring credibility of the Financial Information System which is largely prepared on the advice of the professionals and which is crucial to investors and stakeholders This would become more important in the light of review of Company Law taking place with the aim of bringing in self-regulation with accountability This accountability would come through credible disclosure which can be ensured only through high level of accountability and professionalism amongst the Chartered Accountants

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35


Similarly the ICWAI having been set up during the era of closed economy needs to be reoriented to meet the challenges of a growing competitive market economy domestically and internationally And in case of ICSI there is a need to develop its professional perspective to match the need for better compliance with law by corporates in the interest of all stakeholders

Further Sir I would like to state that our professionals are very competent and can compete with the best at the international level We need to provide an enabling atmosphere that would make it possible for them to grow into multi-professional firms and compete commercially in the international arena Provision of a transparent and independent disciplinary mechanism so as to make them accountable for their actions is part of the same exercise There is also a need to continuously upgrade the quality of the profession and the professionals through an institutional mechanism in which not only the professionals themselves but also other stakeholders are involved In the increasing global competition new opportunities are opening up in the services sector Our professionals are very competent With the proposed amendments our professionals will be able to form multi-disciplinary firms and face the global competition in a much stronger and more effective manner

Sir the proposed amendments are aimed at fulfilling the above objectives The present Bills are a result of long and continued efforts of the Government to respond to the changing needs of the society taking into account the interests of all stakeholders I hope that the hon Members of the House would welcome these Bills and support these Bills wholeheartedly

The questions were proposed

ी अजय मा (झारखड) उपसभापित महोदय Chartered Accountants

Cost and Works Accountants तथा Company Secretaries सबिधत यो तीन िबल दो वषर पवर त कालीन NDA सरकार की ओर स त कालीन िव त मतरी ी जसवत िसह जी न पश िकए थ इसका कारण यह था िक इन तीन परोफशन म काम करन क तरीक म काफी बदलाव आया था और पहल क िबल outdated हो चक थ ससद की थायी सिमित म िवचार-िवमशर क बाद इन तीन िबल को सशोिधत प म इस सदन म आज पश िकया जा रहा ह

उपसभापित जी म इन तीन िबल क पीछ की भावना स सहमत ह और म यह मानता ह िक परान िबल म सशोधन करन की आव यकता थी एक ओर जहा आज हम इन तीन िबल

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पर बात कर रह ह म यह कहना चाहता ह िक िपछल चार-पाच वष म िव व तर पर corporate governance क कई म सामन आए िजसस Chartered Accountants

Cost and Works Accountants और Company Secretaries की कायर-परणाली पर हमल होन आरभ हो गए और हमारा दश भी इसस अछता नही रहा इसिलए समय रहत NDA गवनरमट न पवर किबनट सिचव ी नरश च दरा की अ यकषता म एक उ च तरीय कमटी का गठन िकया जो आिडट और कपनी सबिधत मामल पर िवचार करक उपरोकत तीन परोफशनल स थान पर अपनी राय द ी नरश च दरा कमटी और टॉक घोटाल पर बनी JPC की अनशसा क बाद य तीन िबल वषर 2003 म ससद म लाए गए

महोदय चाटरडर एकाउटट अिधिनयम ससद न 1949 म पािरत िकया था उस वकत दश म चाटरडर एकाउट स की सखया मातर 1600 थी और आज यह बढ़कर 130000 क करीब हो गई ह महोदय इस सदन क भी दो स मािनत सद य चाटरडर एकाउटट ह- सौभागय स आप पदासीन उपसभापित महोदय भी सीए ह तथा तलग दशम क ी सी रामच दर या जी भी चाटरडर एकाउटट ह महोदय परित वषर चाटरडर एकाउटट का एकजाम दकर हमार दश म 7-8 हजार ब च इसकी परीकषा पास करत ह और तीन लाख स यादा ब च इस चाटरडर एकाउटट की पढ़ाई कर रह ह इसस यह अदाज लगाया जा सकता ह

िक इस पश का िकतना िव तार हआ ह यही ि थित कपनी सकरटरी तथा कॉ ट एड वकर स अकाउटट की भी ह

य तीन िवधयक अपन आपम मह वपणर ह लिकन म सबस पहल चाटरडर एकाउटट िबल क स ब ध म अपनी राय रखना चाहगा सशोिधत िवधयक म जो सशोधन िदए गए ह म उसका िवरोधी नही ह पर त सशोधन ऐसा होना चािहए िजसस चाटरडर एकाउटट जस मह वपणर पश की वततरता बनी रह इस पश म लग परोफशन स का आ म-स मान बना रह तथा सरकार का ह तकषप कम-स-कम हो यहा याद रखन की ज रत ह िक इ टी यट ऑफ चाटरडर एकाउटट एक मह वपणर स थान ह िजसक सचालन क िलए ससद न कई कायद-कानन बनाए ह लिकन इस एक सरकारी स था की तरह नही चलाया जा सकता ह कय िक इसक सद य ऐस परोफशन स ह जो कड़ी परीकषा पास करन क बाद सीए बन ह तथा अपनी िज मदािरया समझत ह

महोदय िवधयक का परा प तयार करत समय एसोचम सीआईआई तथा इ टी यट ऑफ चाटरडर एकाउटस स उनकी राय मागी गई थी लिकन ऐसा लगता ह िक अि तम मसिवदा तयार करत समय उनकी कछ मह वपणर राय को नजरअदाज कर िदया गया इसी वजह स िवधयक म कई ऐसी बात आई जो उिचत नही ह उदाहरण क िलए इ टी यट की पिरष क कायरकाल का पर न ह वतरमान म इ टी यट की पिरष का कायरकाल 3 वषर का ह इ टी यट न इस बढ़ाकर 4 वषर करन का अनरोध िकया था तािक काम की िनर तरता कटी यटी बनी रह एनडीए वारा पर तत सशोधन िवधयक म पिरष

का कायरकाल 4 वषर िकया गया था लिकन अब सरकार न

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इस 3 वषर कर िदया ह यानी यथि थित बनी रहगी ससदीय थायी सिमित भी 4 वषर क कायरकाल स सहमत थी िफर भी इस बात पर यान नही िदया गया इसिलए मतरी महोदय स मरा सझाव होगा िक पिरष की कालाविध 4 वषर की जाए ऐसा होन पर पिरष दीघरकालीन कायरकरम बना सकगी और उ ह तरीक स लाग कर सकगी

महोदय इस िवधयक क िविभ न परावधान को लाग करन क िलए पिरष वारा कई तकनीकी सिमितय का गठन िकया जाता ह मल िवधयक म यह परावधान था िक पिरष वारा गिठत सिमितय क िनवारिचत सद य पिरष की सहमित स अपनी सिमित म इ टी यट क कछ स य को शािमल कर सकत ह िज ह िनवारिचत सद य क समान अिधकार परा त ह ग इन को-ऑ टड सद य की सखया सिमित की कल सखया क दो-ितहाई स अिधक नही होगी अब जो सशोधन इस िबल क वारा िकया जा रहा ह उसम को-ऑ टड सद य की सीमा दो-ितहाई स घटा कर एक-ितहाई कर दी गई ह इस सशोधन की कोई आव यकता नही थी कय िक िवशषजञ तथा इ टी यट का मानना ह िक पहल जो िस टम था वह अ छी तरह काम कर रहा था और इसम फरबदल की कोई आव यकता नही थी महोदय इस सशोधन का सबस बड़ा नकसान यह होगा िक सिमित क कायरकलाप म इ टी यट क सद य तथा बाहर क िवशषजञ की भागीदारी कम हो जाएगी इ टी यट क पास बहत सार सद य ऐस ह जो चनाव म भाग नही लना चाहत उनम अनक िवशषजञ और अलग-अलग मामल क जानकार भी ह इनकी कशलता का लाभ तभी उठाया जा सकता ह जब इ ह सिमितय म सहयोिजत या मनोनीत िकया जा सक इन की सखया कम कर दन स िनवारिचत सद य क अितिरकत अ य सद य की भागीदारी कम हो जाएगी िजसका िवपरीत परभाव इ टी यट क कामकाज पर पड़गा इसिलए मरा सझाव ह िक सशोिधत िवधयक की धारा 14 क उपबध 2 को य -का- य रखा जाए महोदय यहा यह बताना आव यक ह िक इ टी यट ऑफ चाटरडर अकाउटट न पहल की धारा को कायम रखन का सझाव िदया था दसरी बात इसी स सबिधत यह ह िक सिमितय म मनोनयन क वारा शािमल िकए जान वाल सद य क बार म यह अिनवायर नही होना चािहए िक वह इ टी यट क सद य ह यानी इ टी यट क बाहर क िवशषजञ को भी सहयोिजत करन की छठ हो उदाहरण क िलए सीबीडीटी आईआरडीए क अ यकष रा टरयकत बक क अ यकष अथवा परमख कपिनय क परबध िनदशक िरटायडर हाईकोटर क जज तथा सबी क परितिनिध इन सिमितय क सद य क प म चाटरडर अकाउटट इ टी यट म मह वपणर योगदान कर सकत ह इसम सभवत इ टी यट को एतराज हो सकता ह िक बाहर क सद य को पिरषद की सिमितय म कय शािमल िकया जाए मरी जानकारी यह ह िक इ टी यट ऑफ चाटरडर अकाउटट यानी आईसीएआई न खद अनरोध िकया ह िक सिमितय बोड म ऐस िवशषजञ को सहयोिजत िकए जान की छट हो जो सिमित स सबिधत िवषय क जानकार ह भल ही व इ टीटयट क सद य ह या नही जब इ टी यट की यह राय ह तो िफर सरकार को इसम कोई एतराज नही होना चािहए

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उपसभापित महोदय म आपक मा यम स सदन का यान सशोधन िवधयक क एक अ य परावधान की ओर भी आकिषरत करना चाहता ह वह मल िवधयक की धारा 18 जो पिरषद क िव तीय मामल स सबिधत ह म सशोधन का पर ताव ह सशोिधत परावधान म कहा गया ह िक यिद पिरषद क यान म यह बात आती ह िक पिरषद का िव तीय लखा-जोखा सही त वीर पश नही करता तो पिरषद पशल ऑिडट यानी िवशष लखा परीकषा करा सकती ह इसक अितिरकत यिद यह बात क दर सरकार क यान म आती ह िक पिरषद का अकाउट सही िव तीय ि थित सामन नही रखता ह तो वह पिरषद को सिचत कर सकती ह ऐसी ि थित म पिरषद ऑिडट कर सकती ह और पशल ऑिडट करान क बाद वह उठाए गए कदम की जानकारी क दर सरकार को द यह एक नया परावधान ह जोिक मल िवधयक म नही था सवाल यह ह िक इसकी आव यकता कय पड़ी कया सरकार को यह लगता ह िक चाटरडर अकाउटट जसी स था खद अपना अकाउट सही ढग स ऑिडट नही कर सकती या ऐसी कोई मामला क दर सरकार क सामन आया ह इ टी यट ऑफ चाटरडर अकाउटट ऑफ इिडया एक स मािनत स था ह जो िक ऑिडट क मामल म मानक थािपत करती ह और दशभर म फल अपन सद य क कामकाज पर नजर रखती ह यिद खद पिरषद क अकाउ स क पशल ऑिडक का परावधान िकया जाए तो इसकी परित ठा म कमी आएगी और दशभर म गलत सदश जाएगा िफर पिरषद म सरकार वारा मनोनीत 6 परितिनिध होत ह खद पिरषद एक िनवारिचत इकाई ह जो िकसी भी तरह की ि थित का समाधान करन म सकषम ह यिद पिरषद क अकाउ स स सबिधत कोई भी बात यान म आती ह तो इसस िनपटन का दािय व पिरष पर छोड़ िदया जाना चािहए इसक अलावा जो पर तािवत परावधान ह उसका इ तमाल क दर सरकार हमशा एक लटकती हई तलवार क प म कर सकती ह अत मरा सझाव होगा िक इस सबध म यथा-ि थित बनायी रखी जानी चािहए

महोदय एक और सशोधन जो नए िबल म िकया गया ह उस पर म मतरी जी का यान आक ट करना चाहगा जो िक िवधयक की मल-धारा 18 म ही ह यह परावधान मल िवधयक म नही था पिरषद का annual budget तथा अपना उिचत लखा तथा ऑिडट सरकार वारा िनधारिरत मापदड पर िकया जाएगा ऐसा इस िवधयक म ह महोदय यह बड़ा ही हा या पद लगता ह एक ओर सरकार जब कोई नया अकाउिटग िस टम लाती ह और उसस सबिधत कोई कानन बनाती ह तो वह कपनी लॉ बोडर तथा इस इ टी यट क सझाव को परा तकर अकाउिटग पॉिलसी बनाती ह वही इस इ टी यट की अकाउिटग पॉिलसी ऑिडट को समय-समय पर सरकार िनधारिरत कर यह ठीक नही ह इसक िलए मतरी महोदय स मरा सझाव ह िक इस स ब ध म भी व यधाि थित बनाए रख

महोदय नशनल एडवाइजरी कमटी ऑफ अकाउिटग टडडर कपनी एकट क अधीन इसी मतरालय स स बि धत ह इसका एख मतलब यह भी होता ह िक जब भी व नए अकाउिटग िस टम

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को लाए और कोई अकाउिटग िस टम लाना हो तो व इ टी यट ऑफ चाटरडर अकाउ टट स सलाह-मशिवरा ज र कर इसिलए महोदय म मतरी महोदय स कहगा िक इस इ टी यट की अकाउिटग पॉिलसी को थोपा न जाए और गवनरमट बार-बार अपना िदशा-िनदश न द यह इ टी यट अपन आप म सकषम ह और काफी कशल ह और इसक अकाउिटग ट डडर को पर दश न सराहा ह

इस सशोधन िवधयक म एक और कमी जो ह वह अनशासन सिमित क परावधान म की गई फरबदल की ह अनशासन बोडर तथा िनदशक (अनशासन) को कछ मामल म िसिवल कोटर क अिधकार परदान िकए गए ह एक तो िनदशक (अनशासन) का नया पद बनाया गया ह िनदशक (अनशासन) इ टी यट का ही एक अिधकारी होता ह िजसका मखय कायर अनशासन-स ब धी िशकायत को परोसस करना होगा इसिलए जो भी अिधकार िनिहत ह इ टी यट की पिरषद तथा अनशासन सिमित म होना चािहए िकसी एक यिकत की अगर यह अिधकार िदया जाएगा तो यह ठीक नही होगा इसिलए बहतर यह होगा िक परिकरया-स ब धी अिधकार या िसिवल कोटर जस अिधकार अनशासन सिमित म ही िनिहत ह िनदशक म नही इस पर भी यान िदया जाना आव यक ह

उपसभापित महोदय चाटरडर अकाउ टट का पशा डॉकटर अिधवकताओ की तरह ही एक स मािनत परोफशनल कायर ह इनक िलए जो आचार सिहता ह उसम अपना िवजञापन करना या कायर क िलए परवी करना ठीक नही माना जाता और यह होना भी नही चािहए यह एक परोफशन ह यापार नही जो अपन परोफशन म मािहर ह उनकी खयाित होती ह और कलाय स उनक पास खद आत ह यही ि थित रहनी चािहए अपनी परितभा या अपनी सवा क तर की जानकारी दना अनिचत नही ह इसकी छट होनी चािहए पर यह कायर बहत सतिलत और मयारिदत तरीक स होना चािहए और आचार सिहता क अ दर होना चािहए इस सशोधन िवधयक म परोफशनल काय का िवजञापन करन की परी छट दी गई ह इसका एक असर तो यह होगा िक जो सद य या फमर अिधक सिवधा-स प न ह या जो िवजञापन पर अिधक खचर कर सकत ह व कलायट को अिधक परभािवत कर लग और जो लोग अपकषाकत कम साधन-स प न ह व बहत पीछ रह जाएग म इस बात को मानता ह िक व वीकरण क इस दौर म और परित पधार क कारण अपन बार म जानकारी दन का अिधकार होना चािहए लिकन मयारदा और आचार सिहता क अदर इसिलए इस मामल म मापदड थािपत करन का काम इ टी यट पर छोड़ िदया जाना चािहए

उपसभापित महोदय यह सच ह िक इ टी यट ऑफ अकाउ ट स ससद क एक अिधिनयम क तहत गिठत की गई ह और ससद तथा सरकार क परित इसकी जवाबदही ह लिकन साथ ही यह एक परोफशनल सगठन ह इसिलए सरकार का ह तकषप तथा िनयतरण कम-स-कम होना चािहए हम अपन अनभव स जानत ह िक िजस स थान म सरकार का ह तकषप अिधक

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होता ह उसकी कायरकशलता उतनी ही कम हो जाती ह म इस बात को भी मानता ह िक हाल क वष म चाटरडर अकाउ ट स क काय म कछ िगरावट आई ह और कछ बड़ घोटाल

म सीएकी भिमका भी दखन को िमली ह यह दभारगयपणर ि थित ह वतरमान सशोदन िवधयक की आव यकता भी इसी क िलए पड़ी अनशासन औऱ िनयतरण ज री ह पर यह ऊपर स थोपा हआ नही होना चािहए अ याथा इसका असर नही होगा िकसी परोफशनल को अनाव यक काननी तथा परिकरया- स प धी पचीदगीय म नही उलझाया जाना चािहए सथा ही म चाटरडर आकाउ टट क सद य तथा दश भर म चाटरडर अकाउ ट स स भी अपकषा क गा िक व अपना उ च परोफशनल तर बनाए रख जो सद य िवधारिरत मापदड स हट जात ह उनक िखलाफ कायरवई भी हो पहल अनशासन की काररवाई म बहत समय लग जाता था और िनयम भी ढील थ सशोधन िवधयक म अनशाशना मक काररवाई क िनि चत मापदड िनधारिरत िकए गए ह अत म इस िवधयक क िलए म िसफर इतना कहना चाहगा िक आिथरक उदारीकरण तथा व वीकरण क इस दौर म चाटरडर एकाउट स की भिमका बहत मह वपणर हो गई ह उनक कायर करन का दायरा भी बहत बढ़ गया ह और वट लाग होन क बाद तो उन पर आिधक िज मदारी आ गई ह

महोदय हमार दश क चाटरडर एकाउट स परितभा और कायरकशलता क मामल म िकसी स पीछ नही ह लिकन आज क इस दौर म परित पधार म पहल स अिधक मकाबल बढ़ गए ह हम अपन अनभव स जानत ह िक जब परित पधार बहत जाती ह तो उसक साथ ही समझौत की भावना भी बढ़न लगती ह जब िकसी परोफशन का तर कम होन लगता ह तभी सखत कायद-कानन की ज रत पड़ती ह औऱ सरकारी ह तकषप भी बढ़ता ह चाटरडर एकाउट स क तर म भल ही कमी आई हो मगर हमारा यह मानना ह िक व अपनी सम याओ का सामना करन क िलए सकषम ह

महोदय यहा पर एक और िवषय की ओर म माननीय मतरी महोदय का यान आक ट करना चाहगा िक हमार चाटरडर एकाउट स को जो िवदश म मा यता ह वह बहत कम दश म ह इस व वीकरण क दौर म करीब दस हज़ार स अिधक भारतीय सीए िव य क कई दश म अपनी शकषिणक योगयता क आधार पर जो उनका परोफशन ह एकाउट स उसम िविभ न कषतर म अपनी काबिलयत थािपत कर चक ह यह व भारतीय सीए ह जो अपन बलबत पर वहा पर कायर कर रह ह लिकन व वहा पर एकाउटट कहलात ह चाटरडर एकाउटट नही कहलात ह इसका िवपरीत अतरार टरीय तर पर WTO तर पर इस योगयता को मा यता िमलन म बहत किठनाइया आ रही ह कय िक िवकािसत दश इस बार म पणरतया उदासीन ह जबिक भारत सरकार तथा इ टीटयट ऑफ चाटरडर एकाउट स ऑफ इिडया इस बार म िनरतर परयास कर रह ह तदिप इसम सफलता नही िमल पा रही ह यिद भारतीय चाटरडर एकाउटट की शकषिणक योगयता को पणर मा यता िमल जाए तो हमार चाटरडर एकाउट स िवदश म भारत की साख को और आग

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बढ़ाएग और िजस तरह आज आईटी की फी ड म हमार नौजवान िव व म अपना िसकका जमाए हए ह उसी परकार चाटरडर एकाउटट भी एकाउिटग क कषतर म भारत का परचम लहराएग लिकन इसम कई किठनाइया आ रही ह जस हमार सीए को दसर दश का वीसा नही िमलता ह इस सबस ऐसा लगता ह िक हमार सीए िव व बाजार म परित पधार क िलए पणर सकषम ह लिकन दसर दश नही चाहत िक भारत क चाटरडर एकाउटट वहा जाकर अपनी काबिलयत कायरकषमता िदखाए यह दो दश क बीच क यचअल िरकॉगिनशन का मामला ह अभी शायद मलिशय स यह पकट ह वहा पर हमार चाटरडर एकाउट स कायर कर सकत ह म चाहगा िक सरकार एपरोिपरएट अथिरटीज स सपकर कर तथा कॉमसर िमिन टरी तथा कपनी अफयसर मतरालय इसम िदलचसपी ल और हमार चाटरडर एकाउट स को भी दसर दश म कायर करन का मौका द

महोदय इसम एक और उदाहरण म दना चाहगा िक आज भी हमार दश क कई ऐस चाटरडर एकाउट स ह जो इगलड क चाटरडर एकाउट स स उनका काम बीपीओ क मा यम स कॉल सटसर क मा यम स भारत म लात ह और उनक एकाउ स को ऑिडट करक वापस इगलड भज दत ह वहा क जो चाटरडर एकाउट स ह व िसफर मोहर लगा दत ह और साइन कर दत ह िजसस वह एकाउट ऑिडट हो जाता ह कहन का मतलब यह ह िक इगलड जस दश म हमार एकाउिटग िस टम को तो ि वकार कर रह ह लिकन हमार चाटरडर एकाउट स को व ि वकार नही कर रह ह िजसका खिमयाजा हम यह भगतना पड़ता ह िक िजस कायर क िलए िजस एकाउिटग क िलए बीपीओ की माफर त एक फमर की ऑिडट क िलए हमार चाटरडर एकाउटट को 1000 स 1200 पाउड िमलत ह उसी काम क िलए वहा क चाटरडर एकाउट स अगर अपनी टाप लगा दत ह और साइन कर दत ह तो उनको 3000 पाउड स अिधक िमलत ह म सरकार स यह गजािरश क गा िक हमार चाटरडर एकाउट स को दसर दश म भी मा यता िमल और इसक िलए दसर दश स रिसपरोकल अरजमट हो इसकी यव था की जानी चािहए

महोदय इस सशोधन िवधयक म कछ अ छ परावधान ह जो किमया ह उनकी ओर मन मतरी महोदय का यान आक ट िकया ह और म आशा करता ह िक इन किमय

को दर िकया जाएगा

चाटरडर एकाउटट िवधयक क अलावा जो और दो अ य िवधयक ह िजनम स एक िवधयक The Cost and Works Accountants सशोधन िवधयक 2005 ह आज इस स थान का मखय कायारलय कोलकाता पि चमी बगाल म ह और आज पर दश म इसक सद य की सखया 37000 क करीब ह और दश भर म इनक टड स की सखया तकरीबन 130000 ह काफी पहल Cost and Works Accountants की थापना इगलड म हई थी और हमार दश न एक कानन लाकर 1959 म इस इस ससद स पास करवाया गया था 45 वष बाद इसक परावधान को और भी द त करन की आव यकता हई और टिडग कमटी न इस बार

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म जो सझाव िदए थ उ ह इस सशोधन िवधयक म लाया गया ह म इसका वागत करता ह Cost and Works Accountants न अपना नाम बदलकर इस Institute of Cost and

Management Accountants करन की माग कई वष स सरकार क समकष रखी थी उनका कहना ह िक परी दिनया म मनजमट एकाउटट की ही उपािध दी जाती ह और उ ह इसी नाम स जाना जाता ह हमार बगल क दश जस पािक तान बगलादश और ीलका म भी यही नाम इ ह िदया गया ह िसफर हमार दश म इ ह Cost and Works Accountants

कहा जाता ह टिडग कमटी न भी अपनी िरकमडशस म नाम बदलन की वीकित दी ह इसिलए हम दिनया म परचिलत मापदड को अपनाना चािहए तािक हम अलग-थलग नही पड़ महोदय इस सबध म मझ स कछ चाटरडर एकाउट स िमलन आए थ और उ ह न नाम पिरवतरन का िवरोध िकया था िजसक आधार पर मन मतरी महोदय को एक पतर िलखा था पर त अब इस िबल क मा यम स तथा टिडग कमटी क सझाव को पढ़न क बाद नाम बदलन क पीछ क तकर पर िवचार िकया जाना चािहए यिद परी दिनया म इ ह Management Accountants क नाम स जाना जाता ह तो िफर हमार यहा भी ऐसा ही होना चािहए अत म इस सशोधन का भी समथरन करता ह

महोदय अत म The Company Secretaries सशोधन िबल2005 क सबध म म कछ कहना चाहगा यह कानन Company Secretaries Act 1980 म ससद वारा पािरत िकया गया था और िपछल 25 वष म आए पिरवतरन का असर इस परोफशन पर भी पड़ा ह आज इसक सद य की सखया हमार दश म करीब 16000 ह और परित वषर करीबन 150200 छातर इसकी परीकषा म उ तीणर हो पात ह और करीब 15 स 20 हजार छातर इसकी िशकषा परा त कर रह ह टिडग कमटी क सझाव का भी इस िबल म समावश िकया गया ह म उनकी धाराओ क बार म िव तार स नही जाना चाहता लिकन िफर भी यही बात कहगा िक परोफशनल स थान क काम-काज म सरकार का िनयतरण कम स कम होना चािहए

महोदय म एक और मामल पर माननीय मतरी जी का यान आक ट करना चाहगा काफी पहल एक िवषय इस सदन म भी उठा था िक Institute of Chartered Accountants of

India क लोग समय-समय पर हम सासद स िमलत रहत ह और व अपन सझाव दत ह लिकन आप ही क िवभाग क एक वाइट सकरटरी न उ ह एक पतर िलखा िजसम Institute of Chartered Accountants of India को यह िहदायत दी गई िक आप सासद क पास अपनी िशकायत लकर नही जाए हालािक बाद म जब हम सासद न आपको पतर िलखा तो उसी वाइट सकरटरी न अपन उस पतर को वािपस ल िलया था मरा कहना ह िक इस परकार का पतर िलखा ही नही चाहए था िजस बाद म हम सबक दबाव क कारण वािपस िलया गया इस परकार की अगर िजिटठया एक वाइट सकरटरी क मा यम स जाती ह तो इसस यह पता लगता ह िक इस इि ट यट म यरोकरसी िकस तरह स हावी होना चाहती ह

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महोदय इ ही श द क साथ म अपन वारा सझाए गए सशोधन क साथ इन तीन

िवधयक को पािरत िकए जान का समथरन करता ह ध यवाद

SHRI RP GOENKA (Rajasthan) Sir I rise to support these Bills The previous speaker gave many suggestions and I was trying to find out whether I have followed them or not It is for the Minister to reply to them and not for me But I was trying to understand the logic behind them All the three Institutes are well known and well established and the Government is bringing these amendments to make them more effective The previous speaker asked as to why the accounts are being scrutinised or audited I would like to remind him that on one occasion the funds of the institute were diverted to some university Such things should not take place The Chartered Accountants are responsible people So such things should not happen Of course I agree with the previous speaker on the question of Naresh Chandra Committees recommendations What has been followed and what has not been followed perhaps the Minister would touch those points Up-till now the experience of outside experts was not well taken With these amendments we will have the advantage of various experts so that we can be more effective

On the question of quality review we are making it more effective so that we can keep reviewing our own actions What is wrong with that Then comes the question of three years or four years term for a member on the board We are forgetting that a member can be elected for three consecutive terms which make it nine years Mr Deputy Chairman you dont expect to be sitting there for 20 years (Interruptions)

SHRI JAIRAM RAMESH(Andhra Pradesh) Somebody sat there for 18 years (Interruptions)

SHRI V NARYANASAMY(Pondicherry) Somebody sat there for 18 years (Interruptions)

ी एस०एस० अहलवािलया (झारखड) आप इ ह तग कय कर रह हो इतन सीिनयर म बर बोल रह ह

ी आरपी गोयनका आप लोग चप ह तो य लोग बोलन लग

I do not wish to make a comment on 18 years That is far too long a period This much I can say But I do not want to make a comment on that

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Previously it was between the elected members and the nominated members They were controlling it That is not good We have to bring a change so that the nominated members are less That is the basic criteria Why should we have a few elected members What they do is they nominate more members in order to get their own people This is not proper

Sir I have already talked about transfer of funds to the university Therefore accountability is very important I compliment the Government for coming forward with this amendment Now nobody will be able to take advantage of it The previous speaker mentioned about co-option We had discussed this in the Standing Committee We took strong exception to it We said that co-option should be less and elected members should be more That is what is being done It is not purely the wish of the Department The Standing Committee has recommended very strongly about it Correct

SHRI JAIRAM RAMESH A hundred percent (Interruptions) They went against the Ministrys recommendation They wanted their own control (Interruptions)

SHRI RP GOENKA Sir I am not associating with the statement of Shri Jairam Ramesh (Interruptions)

SHRI V NARAYANASAMY Do you agree that they should have autonomous status

SHRI RP GOENKA Yes

PROF PJ KURIAN (Kerala) Sir Mr Jairam Ramesh sitting there is doing a mischief (Interruptions)

MR DEPUTY CHAIRMAN I will ask to go to his seat

SHRI RP GOENKA Whether Mr Jairam Ramesh is doing it to make it more lively I don not know

ी राजीव शकल (उ तर परदश) सर यह तय हो गया ह िक इनकी पीच इ ह न नही िलखी ह

ी आरपीगोयनका यह तो मरी पीच ही नही ह I wish I could have come to you

Sir I would like to make one criticism There was a Naresh Chandra

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Committee about which the previous speaker has just now mentioned Due to paucity of my own knowledge I could not make out from your amendments as to what recoomendations he made and what you have accepted The Committee made very good recommendations The Naresh Chandra Committee did a very good work We should at least know that

Now I would like to make one suggestion In this regime of WTO are you sure that by these amendments the professional bodies would be able to bring down their total cost I would request the hon Minister to reply to this point

There was always a criticism that discipline and disciplinary action of the professionals are not implemented fully We should make sure through our nominated Members that discipline prevails whether we like it or not Sir fifty years ago in 1949 originally the Chartered Accountants Act had been passed I compliment the hon Minister for bringing forward these amendments I compliment the Minister for doing an excellent job With these words I support these three Bills and wish that all other Members would also extend their support

SHRI PRASANTA CHATTER JEE (West Bengal) Sir I support all the three Bills namely the Chartered Accountants (Amendment) Bill 2005 the Cost and Works Accountants (Amendment) Bill 2005 and the Company Secretaries (Amendment) Bill 2005 I agree with their objectives in general I will suggest some amendments also All the three Bills of 2005 are amended Bills of 2003 They were introduced in the Rajya Sabha and thereafter referred to the Standing Committee All the Bills have come in a revised form But some new issues which were absent in the 2003 Bills have been included and so those issues had not been discussed in the Standing Committee I will come forward with some of the points later Some amendments have also been circulated here The Chartered Accountants Act was enacted in 1949 and since then the membership has increased from a mere 1600 to 130000 We all know that the number of students has been increasing The whole environment is changing Even the United Nations held a convention in 1995 This has worldwide importance Sir the profession of CA is today interlinked with the economy of the country And the economy has changed a lot since 1990 Sir in view of the large-scale scams cases of bribery large-scale corruption accumulation of black money which is running a

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parallel ecomony the role of audit financial cheking etc have great importance The JPC while probing the Stock Market Scams in 1992 and in 2001 observed and commented on the slow disciplinary proceedings against the erring members of the Institute The JPC have also stated that the auditors have great responsibilitiesmdashif they become a part of the malaisemdashthus checks and balances would collapse They have also observed like that The JPC have further observed that individual cases of financial fraud in themselves may not constitute a scam but persistent and pervasive misappropriation of public funds falling under the purview of statutory regulations and involving issues of governance become a scam The role of financial institutions regulatory bodies besides the Chartered Accountants are also important They observed like that

Now Sir while dealing with the Bill in particular and the amendment we must keep in mind that the Institute enjoys very special autonomy and that autonomy should not be disturbed or taken away in the name of strengthening the regulatory process

Sir on page numbers 6 and 7 though the Minister has circulated a revised form while dealing with the special audit incorporated on page number 7 it was not in 2003 Bill and thereby not discussed in the Standing Committee thereby But this has been included in 2005 Bill Why The Council is an elected body and it has the Government nominees in it It should be left to the Council to deal with extreme contigency if any The Institute has a mechanism of internal audit as well as audit committee within the Institute We should not take any steps Sir to interfere with the autonomy of such an Institute Though the Minister has just now circulated a paper which states The Council may wherever in appropriate case a special audit or take such other action as it considers necessary and shall furnish He has suggested substitution of these words But in my opinion Sir this is not necessary the Clause on special audit as on page number 7 be deleted

Sir on page number 6 Clause 15 it has been written The Bill requires the Institute to keep proper accounts preparation of budget and preparation of account in the manner to be prescribed It was in the 2003 Bill So it was not discussed in the Standing Committee also Now it has come

As I observe Sir this Institute is a creation of our Parliament and why should this provision be there So in such manner some amendment

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has been placed here I support that amendment My suggestion is this clause should be deleted from the Bill

Sir on page number 9 while dealing with the constitution of the Appellate Authority 22A(1) of the Chartered Accountant Act says that it will be headed by a person who is or has been a judge of High Court to deal with appeal arising from decision of disciplinary authorities The 22A(1)b further says Two members to be appointed from amongst the persons who have been members of the Council for at least one full term and who is not a sitting member of the Council The Central Government will appoint them My point is that Sir the Central Government can constitute it but from amongst a panel of five and that to be prepared by the Council for that purpose So who have been members of the Council for at least one full term or who is a sitting member of the Council So my suggestion is that the Council has the liberty to form a panel of five and from amongst that panel two will be appointed by the Central Government as members of the Council for at least one full term and who is not a sitting member of the Council So my suggestion is that this should not be totally taken away from the Council So a revised orovision should be there The appellate authority is a very important body It will deal with remedial measures Even in section C why should not other members be selected by the Central Government in consultation with the Council If you could add in consultation with the Council the Central Government will select it will serve the purpose Then Sir Section 30 of the principal Act in sub-section the words and the copy of such regulation shall be sent to each member of the institute have been omitted Why Sir What was the harm in keeping that a copy of the regulation to be circulated to each member of the institute

My final point of observation is that the institutes enjoy a very special status a special autonomy and that should not be disturbed But in spite of that some regulatory measures will have to be taken some regulatory clauses will have to be enacted

With these few words I support all these Bills with certain modifications Thank you

SHRI C PERUMAL (Tamil Nadu) Mr Deputy Chairman Sir I wish to express my views on the Bill This is an important aspect considering economic liberalisation Now that there is globalisation in every field the

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importance of Cost Accountants Chartered Accountants and Company Secretaries has increased Even as multi-national companies compete with each other in establishing business in our country I think these categories of persons are an important link

Now that new vista is open like Business Process Outsourcing Knowledge Process Outsourcing the Cost Accountants should be given training in this sector also They should also be trained in the new regulations of World Trade Organisation The awareness of the country in the new patent regime is very poor compared to China and other developed countries In India only 17000 patent applications have been filed against more than one lakh patent applications have been filed in China Therefore I think that these categories of persons should be trained about patent regime also

There are several companies which cheat general public and the Chartered Accountants should be careful about them Now thai our economy is open Cost Accountants etc may come from abroad for practice here Our men should excel themselves in their fields to meet any challenge or competition

Last but not the least the Institutes of Cost Accountants Chartered Accountants and Company Secretaries may enter into agreements with colleges and other institutions for imparting basic training to students in thisfield so as to prepare them to meet global challenges

With these words I thank you for giving me an opportunity to participate in this discussion

SHRI C RAMACHANDRAIAH Sir I congratulate the Minister for bringing these three BillsmdashThe Chartered Accountants of India (Amendment) Bill 2005 The Cost and Works Accountants (Amendment) Bill 2005 and The Company Secretaries (Amendment) Bill 2005 And I support these Bills subject to the amendments which I have introduced Sir the role of the regulator in this capital market is very very important There are other regulators also like the RBI for banking SEBI for capital market and the Institution of Chartered Accountants of India for achieving the high excellence in accounting and auditing standards etc

Sir one important aspect has to be taken into considerationmdashat any point of time no Government should lower the autonomy of the

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institutions It is very very important and under the guise of making the Council more effective and more functional we should not erode the autonomy or independence of the Institute Sir I expect the Government to be a watchdog the egulator but not a bloodhound I fully oppose some of the provisions that have been made in these Bills because they do not warrant their introduction and which ultimately erode the autonomy of the Institute Sir I would concentrate more on the Institute Chartered Accountants of India It was constituted in 1949 when the Indian economy was being controlled by the State Then this Institute itself had got very good autonomy Now we have opened up the economy to the market forces Liberalisation is taking place We have become the champion of liberalisation and globalisation and such is the case that the autonomy of the professional institutes like the Institute of Chartered Accountants of India is very very necessary It is more relevant today than 1949 This is what I wanted to bring to the notice of the Government Sir this is more accountable because the scams are arising The only reason is that the regulators are not accountable If you erode the autonomy you cannot make them more accountable They will be functioning at the whims and fancies of the persons who are controlling from administrative offices That should not happen Sir some Members have mentioned the stock market scam of 2002 and JPCs observations Nowhere the role of auditors was pointed out Nowhere The only observation made by the JPC is that disciplinary cases are being disposed of with undue delay The disciplinary mechanism has to be strengthened and the cases should be disposed of expeditiously Sir today the Institute has 130000 members When it was originally established it had got 1600 members So errors of commission may be there by some members I cannot vouchsafe for the conduct of every member No institute can do it Nobody can do it But Sir I want to refer to the JPC on banking scam of 1992 The JPC had identified 17 cases and the Janakiraman Committee which was constituted exclusively to inquire into this had identified 32 cases whereas the Institute of Chartered Accountants of India had ordered for an inquiry into 65 cases Without any mention from anybody the Institute itself had pointed out 62 cases and ordered for an inquiry This is the independence and scrupulous the Council has got and how this Institute has been functioning I wanted to bring it to the notice of the Minister Sir one of the provisions which has been introduced in this Bill is co-option Sir in order to carry out the purposes of the Act and in terms of the

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provisions of the Act the Council will form committees has to form certain

committees such as Accounting Standards Board Auditing and Assurances

Standards Boards Review Committee Financial Reporting Review Board

Corporate and Fiscal Loss Board and so many other Boards It has to

constitute all these committees For the efficient functioning of these boards or

committees experience expertise and excellence available in respective fields

have to be roped in The services of eminent persons in these disciplines have to

be utilised Sir all elected members may not have that eminence in ail walks of life

or in all disciplines Sir the services the expertise and the wisdom of those

persons have to be utilised therefore cooption is a must to utilise their services

Sir the funniest thing is that the elected body should oppose for more nominations

for more cooption from outside The elected body that is the Council should

oppose more cooption from outampide the members (Interruptions) Huge

one (Interruptions) But whereas in this case the Council itself wants two-

third of the elected component to be nominated so that they can invite persons

like those who have served in taxation Central Board of Driect Taxes Customs

IDBI SBI Chairmen Insurance companies Chairmen etc So experience from

so many companies and from so many disciplines has to be gained The

Council itself is asking for two-thirds cooption I dont know why the Government

wants to reduce it to one-third At one point of time they want to increase the

strength of the Council from 30 per cent to 40 per cent It actually increases

the expenditure of the institute In this aspect where the services of the

outside members are necessary the Government wants to reduce this cooption

to one-third It is totally unjustified I moved an amendment to this Earlier it was

two-thirds The existing practice is that the Council can co-opt two-thirds of the

members from outside though they are not the members of the institute The

PAC has not made any recommendation in this regard The PAC was very

cautious In the proposed Bill there is a provision for one-third cooption So my

request to the hon Minister is this aspect has to be considered I also moved an

amendment in this respect To make the Committees more effective to achieve

the objectives for which the Committees have been constituted and to make

them function in a more effective manner two-thirds cooption is necessary

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Sir one more provision has been made in this Bill The provision says in the manner preserved or in such manner as may be prescribed does not arise Sir this is the institute to which we have given a mandate As has been said by an hon Member it is the creation of an Act of Parliament It has been given a mandate It will guide the format in which accounts have to be presented It will decide how accounts have to be formulated It will guide the members as to how audit has to be conducted It will guide the members how the defalcations or misappropriations have to be plugged This body enjoys the international reputation When such is the case how will a person sitting in the Department of Company Affairs guide this institute and in what form the accounts have to be presented Or how the audit has to be done It is ridiculous It is highly ridiculous This is one way to make inroad into the independence of the institute This is one way to encroach upon the autonomy of the institute We fully oppose these things It is a very reputed institution in the world It is the third biggest institute in the world with one-lakh-and-thirty-thousand members One or two black sheep may be there Some members may comit errors That does not mean that the entire profession is wrong Yesterday we have seen some of the Members of Parliament taking money for putting questions in Parliament That does not mean that the entire polity in this country is corrupt We cannot generalise it So my request to the hon Minister is let us not encroach upon the wisdom of the institute and the members of the Council Let them form their own form as to how it is to be formulated and how it is to be presented In one particular sentence I have seen the words fair and actual That shows their wisdom Can the accounts be actual It is not a cash system that we are following Some wisdom has prevailed on those people and they have introduced an amendment mdash actual fair Sir fair is a wide embracing concept It is not actual We are following a different system of accounting It is accrual system that we are following When such is the system a layman at a glance has to understand the financial position of the company in which he wants to invest If that is the case this aspect has to be taken into consideration I am openly saying that it is an affront to the profession itself It is degrading to the profession which enjoys the international reputation in the comity of nations And it pertains to special audit The Council can call for special audit Who has to do the audit Will the Secretary Department of Company Affairs will go and do the audit It has to be audited by the members of the institute Then why

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should there be directions from the Government These thirty members who are elected from different parts of the country are persons of eminence and character And we sitting in the administration are questioning their character It is highly objectionable And you always want to keep Damocles sword hanging over their heads and erode their autonomy and according to the whims and fancies of a Joint Secretary or a Secretary of the Ministry For Gods sake dont do it You are eroding their autonomy There will be more scams if you do it I am openly telling you Once you erode the autonomy of the institute and the independence of the Members in doing the audit you will be inviting more scams

The Government nominees are there from CAG mdash one from the Ministry of Finance one from the Department of Company Affairs Had there been any dissent note in any of the committee meetings Had there been any objections from them about the functioning of the institute Never Then what made you to suspect them now It is exclusively to make the inroads into the functioning of the institute More than that I cant deduce anything So I want to say that the elected council is wise enough One person can indulge in corruption one person can indulge in irregularities But thirty persons cannot connive It is very difficult It is a question of commonsense Thirty persons cannot connive to grab money or to do some irregularity And if that is the case if that is possible God only can help us No statute which we are going to do can prevent them from indulging in irregularities Except when some malafide intention is there kindly dont encourage the bureaucracy to have such intentions to erode the autonomy of the institution

Sir I dont have strong objections But I dont know why the Standing Committee against the wishes of Parliament alsoThe present position is that the term of tenure will be three years And one can be there for any number of terms Presently there is no limitation One can get elected for any number of terms The Bill of 2003 had recommended for a tenure of four years with a limitation of three terms And the PAC had recommended two consecutive terms of four years each But the present proposal is totally against the recommendations The three terms of three years each So we may question as the elder Member was asking mdash you should not be permanently there I wish you should be elevated mdash why should we have five years tenure We can have three years tenure (Interruptions) Oh sorry We are in the Rajys Sabha (Interruptions)

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MR DEPUTY CHAIRMAN You have forgotten your own tenure (Interruptions)

SHRI C RAMACHANDRAIAH Sir I am making all these practical suggestions because I am a member of that institute I have been more privileged to serve that institute in different capacities Sir the last six months will be wasted in election procedure and the first six months will be required by the member to know the administration So he will be left with hardly two years to function And the elections I am openly saying are costlier even than the parliamentary elections The institute itself is incurring crores of rupees to conduct the elections When such is the case a longer tenure is advisable So request the Minister to kindly consider this And with regard to the disciplinary mechanism a very vibrant mechanism is being introduced I fully appreciate it But why should you give more powers to a particular individual Director He is called Director You are giving all judicial powers which are needed also When such is the case why these powers should be vested in a single individual that is called Director Sir that has to be removed Let there be a Committee or a group of persons who can enjoy the powers I think more the persons more judiciousness it will have A single person will have arbitrary powers One single person should not be vested with such wide sweeping powers So it is very good On the recommendation of the Naresh Chandra Committee and on the recommendation of the JPC also an attempt is being made to make the disciplinary mechanism more vibrant That is the only deficiency in the functioning of the Institute Much of the time of the Council members was being taken in the disposal of the disciplinary cases Now that this mechanism is being built there is no necessity for increasing the strength from 30-401 am openly telling this There is absolutely no necessity So you be confined to 30 only and make the functioning of the mechanism of disposal of cases more vibrant The authoritarianism of Director should not be there Entrust all these powers to a committee

Sir my last suggestion in this This is a request from the students community The students who are undergoing training or who are studying under Chartered Accountants will be called Article Clerks Naturally the world clerk gives a subordinate feeling to them Their request has been there all along because this has been used since the inception of the Institute The words should be Article Assistant They

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want to be called Assistants That is why I am introducing this amendment My request is to kindly consider this amendment I can assure the Government that if these amendments are accepted more autonomy will be conferred on the Institute and the bureaucracy will never try to make inroads into the functioning of the Institute With all these amendments I support the Bill

SHRI MANOJ BHATTACHARYA (West Bengal) Thank you very much Sir Particularly after hearing my friend Mr Ramachandraiahs observations I myself am quite enriched

Sir I will just start my short deliberation by putting a question to the hon Minister In his opening remarks he has said that this Amendment Bill has a relation with the opening of the economy of ours Considering that the Government is a continuous entity naturally I am entitled to say this to the present Minister also that the countrys economy was not opened only yesterday or some 3-4 years ago it was opened in 1991 The original bill was enforced with effect from if I remember correctly 1st July 1949 and the concept came long back in 1913 In 1949 the State economy did not also consider it much It was not even two years of our independence So the countrys economy had not taken any shape the Five Year Plans were not initiated And over a period of time it has functioned Some loopholes were there some discriminations were there May I ask the hon Minister as to what are the reasons for delaying this regulatory measures so much From the Left we have been telling for a very long time that you have opened the market without placing the regulatory authorities in place or without correcting the regulatory authorities So on 24th of July 1991 it was officially declared that our economy is being opened to liberalisation The LPG - liberalisation privatisation and globalisation - was accepted on 24th July 1991 if I remember correctly Thereafter the country had to undergo the agony of rigmarole in so many scams Bank Scam of 1992 a very unprecedented bank scam of 1992 Harshad Mehta scam-share market scam then in 1999 some scam was there then in 2002 there was some scam then cooperative bank scam was there They opened the economy but delayed this regulatory mechanism to be operative or to be amended or to be corrected for such a long time It is long after almost 16 years that we are trying to regulate the regulaory authorities So would the hon Minister be kind enough to respond to this query of mine that why have you so

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long tolerated for the cart to be put before the horse That is our standing criticism We are not only against neo-liberalism but at the same time we are also against your mechanism of neo-liberalisation You have not put the regulatory authorities in place

Sir now I come to certain points certain observations even though I stand here to support these three Bills The Chartered Accountants (Amendment) Bill 2005 The Cost and Works Accountants (Amendment) Bill 2005 and also the Company Secretaries (Amendment) Bill 20051 would implore upon the hon Minister to consider that I have also moved certain amendments and the Minister has somehow changed the language However I am not coming to that now but I will come to that afterwards Sir I am for these amendments I am for this Bill But would you please tell us that correcting the loopholes of the regulatory authorities like a very important regulatory authority the Chartered Accountants Institute would you go for more bureaucratisation Because bureaucracy in this country unfortunately did not produce the worth that they were supposed to I do not accuse all the bureaucrats but the bureaucracy in general I would say I know that there are very very good bureaucrats very very good administrators but all are not alike did not produce the worth that they were supposed to But if you over-bureaucratise the autonomous institute if the democratically elected autonomous institutes are put into place for bureaucratic scrutiny then the democratic process of functioning of the institute will be jeopardised it will hampered So I shall implore upon the hon Minister - he must be a conscientious person ~ that you must look into this Dont over-bureaucratise this autonomous institute My hon Colleague Shri Prasanta Chatterjee has also pointed out that it is becoming an over-bureaucratisation This bureaucratisation is not sought for

Sir I understand that the affairs of the Institute of Chartered Accountants of India are governed by a Council of 30 members Twenty-four are elected from amongst the Chartered Accountants Their headquarter is in Delhi They have five regional centres in five metropolitan cities or semi-metro cities Now they are asking for this Because the situation is so peculiar that corporate mismangementmisgoverance is rampant in the world -- it is not confined to our territory only - it is a corollary of the neo-liberalism that these scams and the corporate misgovernance have become a fashion of the day It is going along with

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the system It has become a system now The Institute of Chartered Accountants functions alongwith the Ministry of Company Affairs with the Reserve Bank of India with SEBI with Comptroller and Auditor General with Central Board of Pirect Taxes and they are also holding discussions with IRDA They are also given inputs through a Trade policy division Ministry of Commerce the Government of India under GATS and WTO for negotiation with the Working Party on the Professional Services (WPPS) of the WTO My submission to the hon Minister for consideration is is it a fact my friend from the other side Shri Ajay Maru was also pointing out that the problem of reciprocity is there

We are thinking of opening our services sector A number of American firms may come Already some of the foreign nationals are demanding the national recognition They are demanding it One of the important components of the WTO negotiation which is starting from today is that in the services sector they are seeking they are demanding that they must be given a national identity there should be no discrimination between these two Now what steps the Government has initiated particularly the Ministry of Company Affairs has initiated to enter into a reciprocity agreement with the countries of European Union and America Many of the professionals many of the Chartered Accountants are working abroad I know that a number of Chartered Accountants professionals have migrated to America They are working there either under H1B visa or otherwiseAnd Sir unfortunately they are not recognised as Chartered Accountants It is very unfortunate and it is continuing since a very long time The most bright students of our country the talents of our country are doing subordinate jobs in the advanced developed countries So what initiative the Department of Company Affairs has taken for these long fifteen years when they have experienced this sort of discrimination in the advanced developed countries They are of course discriminating We have always said that countries like America or European Union countries are always discriminating against the Third World Countries or the developing countries Nowadays we have been glamorously called developing countries They are discriminating against our professionals Now what steps the Government of India is initiating towards this reciprocity to the Chartered Accountants of our country Instead of doing that you are trying to unnecessarily tinker with the democratic functioning of the organisation Now I do not really understand To cope up with the pressure of the present-day

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economy they require some outside experts to be co-opted in the Committee My friend Shri Ramachandraiah rightly said that usually -1 have also added the word usually - no elected body wants that somebody from outside should be co-opted in the Committee But this Institute for its better functioning for its formidably better functioning has sought for co-option of the experts from outside Why are you standing as an embargo Because if more experts from different fields are taken into the Committee or taken into the Council it will be functioning better So what is the objection What is the great point that you have that you are objecting to the two-thirds co-option I do not really understand I am sure that the hon Minister will be glad enough to respond to this

Sir my another point is this Institute sets a standard of auditing This Institute sets a standard of auditing Even it decides the curriculum For the students it decides the curriculum The students who are fortunate to pass this Chartered Account Examination have to follow the curriculum as set by the Institute It is almost like an educational Institute It is not only an accounting Institute it is also an educational Institute It formulates the curriculum for the students and it has got a credibility Over a period of time it has got the credibility I also understand It is the third largest Institute in the world (Time bell) Why are you denigrating this Institute My point is why are you denigrating this Institute The image of this Institute should not be denigrated as such As such the First World countries or the advanced developed countries have got a peculiar vision They try to took down on us Now if we start looking down on ourselves then they will be at liberty to look down on us further They will continue to do it Now today they call them Accountants not Chartered Accountants Tomorrow they will start calling them clerks They will not even call them Accountants Because we have doubted the Councils functioning the Councils auditing Now what is the reason of special auditing for them Because they are only setting the standards So I shall implore upon the hon Minister not to insist on special auditing By whom will you go for special auditing Because already the standards are being set by them So I think we are unnecessarily tinkering with this and I am sure that you will think twice Before the Bill gets a final passage I hope you will certainly consider these points As you know I need not move the amendments now I will move the amendments with a particular purpose and you have also accepted In some place you have peculiarly changed

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Instead of authorities it should be authority I told that it should not be authorities it should be authority It should not be plural it should be singular Now you have accepted that But you have changed it to some other language What for I do not understand Who is interested in this I hope the hon Minister would certainly clarify these points

Finally I would like to once again tell the Minister - kindly give authority to yourself You are also a competent person Even though you are not a chartered Accountant I am sure you are competent enough to think about the whole problem the entire gamut of the problem Our hon Deputy Chairman is also a Chartered Accountant he is more than a Chartered Accountant If required we could have taken his opinion also He could also have opined on this like all of us The passage of the Bill would have been easier it would have been smoother

I wish that all the regulatory mechanisms are further strengthened We are late but better late than never Also the Government should look into other matters so that our country is not held for ransom by the advanced developed countries

With these few words I conclude my speech Thank you Sir

ी मगनी लाल मडल (िबहार) माननीय उपसभापित महोदय म इस िबल का समथरन करन क िलए खड़ा हआ ह और िबल लान क िलए यपीए की सरकार और भार साधक और िवभागीय माननीय मतरी जी को ध यवाद दना चाहता ह भारतीय जनता पाटीर क माननीय सद य ी अजय मा ी रामच दर या और ी मनोज भटटाचायर जी को मन सना ह िबल का भी इन लोग न समथरन िकया ह लिकन कई िब दओ पर इन लोग न ऐतराज जताया ह य जो तीन िवधयक ह य बहत परान कानन ह उनम सशोधन करन क िलए य लाए गए ह िजस समय यह कानन बना था जस चाटरडर अकाउटट एकट 1949 म बना था आजादी क बाद तो हम एक िपछड़ा म क थ कॉ ट एड वकर स अकाउटट एकट 1959 म बना था उस समय भी हम िपछड़ा म क थ क पनी सकरटरी एकट 1980 म बना था तो उस समय भी हम िपछड़ा म क थ सारी दिनया म हमारी यही गणना होती थी िक हम िपछड़ रा टर ह बकवॉडर रा टर ह अभी हमारी िगनती िवकासशील दश म होती ह यह जो भमडलीकरण ह ड लटीओ ह िव व यपार सगठन ह इसक िलए हमन वार खोल िदए ह तो लखा क मामल म अककषण क मामल म भी एक अतरार टरीय मानक होना चािहए और इस अतरार टरीय मानक क िलए ही इसम सशोधन आव यक हो यापक सशोदन हो इसक िलए कई तर स आवाज उठती रही ह परामशर आता रहा ह कग न भी यह आवाज उठाई थी िक इन तीन कानन म एक पता होनी चािहए जो िभ नता ह उसम सम पता हो और समय क साथ जो पजी बाजार ह और अतरार टरीय तर पर यिद हमको क पीट

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करना ह तो इन तीन कानन म हम जो बढ़त हए िवकासशील दश ह और यिद हम आिथरक समिदध को परा त करना चाहत ह तो इनम सशोधन होन चािहए और लखा क सदभर म एक अनशासन कायम हो इसक िलए भी इसम सशोदन होना चािहए सबी न भी एक तरह स अपना परामशर िदया था और महोदय सबस बड़ी बात 1992 म और 2001 म यहा घोटाला हआ ह हमन दखा ह और जो वाइट पािलरयामटरी कमटी बनी थी तो वाइट पािलरयामटरी कमटी न एक यापक जाच की और उसम जो जानकारी िमली िक लखा क सदभर म कहा-कहा गड़बड़ी हो रही ह तो वाइट पािलरयामटरी कमटी न भी सझाव िदया था अब य जो तीन िवधयक आए ह य एनडीए सरकार न लाए थ और तीन लाए थ तो इनकी कई तर पर अिगन पिरकषा भी हई ह जो अिगन परीकषा हई ह इसम िजतन परोफशन स ह चाह व चाटरडर अकाउटट वाल ह कॉ ट अकाउटट वाल ह क पनीज वाल ह इनकी जो स था ह सार परोफशन स को बलाया गया ह टिडग कमटी ऑन फानइसस हो उसम उनको परा मौका िदया गया ह और उसक बाद किबनट म गया किबनट म जान क बाद गरप आफ िमिन टसर म भी इसका अकजािमल हआ और उसम भी सभी परोफशन स को मौका िदया गया िक आपको कया आपि त ह कया कहना ह त प चात एक लोकताितरक व प िदया गया ह तीन िवधयक को सशोधन करक और लोकताितरक व प दन क बाद साथ-साथ जो इसम एक टरासपरसी आनी चािहए पारदिशरता आनी चािहए इसका खयाल रखा गया ह इसिलए महोदय म समझता ह िक िजतन इसम सशोधन ह नरश चनदरा कमटी की चचार इन लोग न की ह नरश च दरा कमटी न भी िरकमडशन िकया िक तीन

कमटी म समय क दौर क साथ यापक सशोधन िकया जाए इसिलए इसम जो सशोधन िकए गए ह म इन तमाम सशोधन क साथ इस िवधयक का समथरन करता ह महोदय मर मन म इसम एख बात की शका ह िजसका अभी तक समाधान नही हो सका ह यह ठीक ह िक पहल का िवधयक जो चाटरडर अकाउटट का ह उसम 24 सद य थ और 6 सद य सरकार वारा नािमनट होत थ अब कछ लोग यह कह रह ह िक उनकी अटॉनामी ख म हो रही ह अब जो यव था इसम की गई ह उसक अनसार 32 सद य इलकशन स और 8 सद य नॉिमनशन स आयग कल िमलाकर इसम 40 सद य ह ग अब इसम 8 सद य नॉिमनशन स आयग इनको वोिटग राइ स होगा या नही होगा हमन जो िवधयक दखा ह अवलोकन िकया ह उसस इसक बार म आभास ही नही होता ह हो सकता ह िक कही हो हम नही जानत ह कही इसक बार म िजकर हो म चाहगा िक माननीय मतरी जी इसको प ट कर हमन कही दखा था िक कारपोरट जगत स बात पहल भी थी िक सरकार हमारी अटॉनामी को ख म नही कर सकती ह कय िक नामािकत सद य को मतािधकार नही होगा हालािक सरकार का अटॉनामी ख म करन का कोई इटशन नही ह इसको एक लोकताितरक व प िदया गया ह और पारदिशरता लान की कोिशश की गई ह जो अकाउिटग िस टम ह उसको इटरनशनल तर पर ठीक करन की बात कही गई ह मरा िनवदन ह िक अगर उनका वोिटग राइ स नही रहगा तो व कछ नही कर सकत ह

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RAJYASABHA [13 December 2005] महोदय इसम कई सशोधन ह नय अ याय जोड़ गय ह नई धाराए जोड़ी गई ह और एक नया च टर और एक नया अ याय भी जोड़ा गया ह इसम नया अ याय 7 (ए) जोड़ा गया ह म इन सारी चीज का समथरन करता ह लिकन म मतरी जी स कछ कलिरिफकश स चाहगा एक कलिरफकशन तो मन यह पछा ह िक नॉिमनट ममबसर को वोिटग का राइट होगा या नही होगा इसक अलावा भी म कछ कलिरफकश स मतरी जी स लना चाहगा जब व अपना जवाब द तो इनको ज र प ट कर यो अगरजी म ह और म अपन वभाव क िवपरीत बोल रहा ह

(i) The professional Institutes of Chartered Accountants Company Secretaries and Cost and Works Accountants are rendering good services Why does the Government want to amend the Acts governing these Institutes

(ii) What were the recommendations of the Naresh Chandra Committee for improving the functioning of the professional Institutes of Chartered Accountants Company Secretaries and Cost and Works Accountants To what extent is the Government acting upon these recommendations

(iii) In the increasing global competition and the WTO regime what steps does the Government propose to help professionals to become more competitive

(iv) Two securities scams had taken place in the country The JPC made strong observations against the auditors etc It was felt that disciplinary system against the defaulting professionals was inadequate In other countries such as USA when accounting Frauds such as अभी अजय मा जी और रामच दर या साहब कह रह थ Arthur Anderson were noticed quick action was taken by them What steps does the Government propose to take to address the concerns expressed by the JPC

(v) There were reports and allegations against the Institute of Chartered Accountants of diversion of funds for establishing some private university Does the Government propose to bring provisions ensuring transparency in the financial affairs of the Institute If so what are these steps

(vi) The Common Minimum Programme of the UPA Government promises to ensure that all institutions of higher learning and professional education retain their autonomy It is seen from the Chartered Accountants (Amendment) Bill that the

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Government is taking power to issue directions to the Council We know that the Chartered Accountants Act has been in existence since 1949 and the Chartered Accountants Institute has been working very well In such a situation why the Government at this state wants to take the power to issue directions to the Council

(vii) The Minister has said that through the new provisions the disciplinary mechanism is going to be improved in the Chartered Accountants Company Secretaries and the Cost and Works Accountants Institutes How and in what way these objectives are going to be achieved

महोदय इ ही बात क साथ म इस िबल का समथरन करता ह और अपकषा करता ह िक माननीय मतरी जो हमार मन म शका और सशय ह उसका समाधान अपन उ तर म करग ध यवाद

SHRI SANTOSH BAGROOIA (Rajasthan) Mr Deputy Chairman Sir I rise to support these tri-Bills- MrGoenka said it very well-but the hon Minister has made it absolutely I guess bureaucratic The Bills are namely The Chartered Accountants (Amendment) Bill 2005 The Cost and Works Accountants (Amendment) Bill 2005 and The Company Secretaries (Amendment) Bill 2005 And of course Sir I would like to support them but with the kind of reservation on number of provisions which have been made in the Bill Sir everybody has been talking about the scams of 1992 and 2001 But as rightly said by Ramachandraiahji no individual Chartered Accountant or a group of Chartered Accountants were part of these scams There were no allegations of that kind Of course the Chartered Accountants cannot escape the responsibility completely because the books of all these organisations were also audited by some Chartered Accountants and they failed in their duties to find out the intentional fraud which was happening in those books To that extent these professionals cannot escape their responsibility

Under those circumstances a number of expert committees were formed on corporate governance and company laws Many high-level committees were formed on corporate audit and governance and finally a committee was formed under the Chairmanship of Shri Naresh Chandraji It was also underscored that the highest standards of accountancy and probity must be adhered to in-order to strengthen the

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corporate culture in India Sir the economy of the country is jumping by leaps and bounds It is expected that by 2020 India will be the leading economy in the world Obviously the supporting institutions like the Institute of Chartered Accountants of India Institute of Cost and Works Accountants Institute of Company Secretaries of India etc have to be strengthened And in case the standards of accountancy are improved it will also help the management to monitor the activities of the managerial staff much better

On the recommendations of the Naresh Chandra Committee the Chartered Accounts (Amendment) Bill was first brought forward in 2003 in Rajya Sabha It was referred to the Standing Committee The report has come to the Rajya Sabha in February 20051 understand that most of the important recommendations have been incorporated in these Amendment Bills of 2005 and therefore I compliment the Government for bringing the Bill which will streamline the corporate culture and provide much heeded legal infrastructure to establish corporate governance in the country This is essential for current economic reforms to succeed more and more The present Government the UPA Government under the leadership of hon Prime Minister Dr Manmohan Singhji and under the guidance of Shrimati Sonia Gandhi is committed to provide firm legal framework for the healthy corporate growth in the country And in this Session itself it has brought several special legislative measures before the Parliament for this concern like the Taxation Tribunal Act etc At this stage it will be apt to quote a recent observation made by the Price Waterhouse Coopers a very old and well-known audit firm It said Corporate frauds are unearthed very accidentally in our country There is no process by which corporate frauds can be unearthed in a regular way Just by chance somebody points out and it is unearthed We have to have a process This underlines the lack of an institutional mechanism to prevent scams In the absence of such a mechanism the recurrence of corporate scams will only undermine the health of our economic reforms It is therefore important that this House gives its considered approval to these Bills but with some amendments As Indian corporates join the big league of global corporates they are becoming multinationals It will be essential that they adopt highest accounting standards and in-house mechanism to ensure more probity In this connection the Naresh Chandra Committee and other expert committee have recommended that the audit comnaittees of the Board of Directors should be headed by

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independent Directors I am sure that the Indian corporate would pay a sincere heed to the recommendations of the expert committee voluntarily so that the Government is not forced to bring forward more laws and more controls on the independence of the Indian corporate world and the Government brings enabling laws to ensure their compliance simple laws to ensure the compliance of these recommendations Coming to the Bill Sir what I hear and what I experienced since the time I joined my business in the family if you go to the Government for any import licence which was very difficult those days one certificate from the chartered accountant was enough That was the basis Once the certificate is given the Government Department will not object to it They will just issue the orders based on that certificate Even now there are most departments in the Government where the credibility of the chartered accountants certificate is well-established It is taken authenticated It is taken that it is fine We are talking of an institution of these individuals whose credibility I should say is the highest The Institute of Chartered Accountants is one of the premier bodies of the chartered accountants in the country which has earned acclaim for its professionals excellence globally It is the third largest body of the chartered accountants in the world with one lakh thirty thousand members today The Institute perhaps the earliest regulatory body in the country was responsible to ensure adherence to the prescribed accounting standards by the companies all these years The institute has attained its professional excellence and ethics The Bill proposes greater teeth to the Institute to discipline its erring members I am fully in support of that The disciplinary mechanism that has been proposed in this Bill shall have the President or the Vice-President of the Council as its presiding officer and two members shall be elected from among the members of the Council The Committee shall also have two members nominated by the Central Government who should be eminently experienced in the law economics business finance or accountancy So the Disciplinary Committee shall be drawn from a wider spectrum of professionals I am sure this will go a long way in disciplining erring members of the Institute

At this stage sometimes I also believe - because I was a Member of the Public Accounts Committee - that members or officers of the Accountant General of Audit should be drawn from chartered accountants Then only they will be able to audit complicated accounts of different departments of the State Governments and the Central Government

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With whatever experience they have they cannot really audit without the experience of an auditor and without the experience of learning under an auditor Sir the provision that the verdict of the Disciplinary Committee could be challenged in the Appellate Authority to be headed by a sitting or retired High Court Judge is well taken because in a democratic set up we have to have more provisions so that affected parties can go to higher authorities The Bill also provides for the Quality Review Board That will monitor the quality of service provided by the members of this institute including the audit (Interruptions)

SHRI SS AHLUWALIA (Jharkhand) How many more speakers are there Sir

MR DEPUTY CHAIRMAN According to my list there are three more speakers

SHRI SANTOSH BAGRODIA This will help the Institute to adopt highest auditing and accountancy standards as prevalent globally Sir I dont mind sitting if Rajeevji wants to speak first I will speak after him

MR DEPUTY CHAIRMAN No Why How it could be done First you have to conclude

SHRI SANTOSH BAGRODIA I dont mind I can wait

MR DEPUTY CHAIRMAN Then you will lose your chance

SHRI SANTOSH BAGRODIA Sir would like to seek some clarifications on the following points of the Act regarding the duration of the Council Ramachandraiahji and some other friends have also mentioned it The Bill proposes three terms of three years each for the Council Members Sir I would like to tell for the information of this House through you that this is such a professional organisation that the tenure of the President of this organisation is only for one year the Vice-President is also for one year and Council Members take as long as about nine years to become Vice-President and the same Vice-President becomes the President It takes nine years to become Vice-President or President If that is so then these three terms of three years are I guess too little We should have no objection either to make four terms of three years each or three terms of four years each This is a necessity to maintain the high standards of professionalism in this organisation That is why I said Dont bureaucratise it Those people who have suggested this I dont think they understand what is the importance of this particular

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500 PM

organisation I dontt think they understand what is the significance of these terms for 12 years - 4x3 or 3x41 think Members across the House support this and the hon Minister will not stand on prestige and do something about it We have been given to understand that the Council has an inbuilt tradition to rotate the presidency zonally and the Vice-President automatically graduates to assume the Presidency This is done zonally One zone also comes forget about one person Therefore we cannot have more democratic set up In order to facilitate this inherent tradition we should retain four terms of three years each Or at the most we can change it to three terms of four years each Sir the next clause which I want to refer to is clause 15 on page 6 lines 34 35 38 and 39 The Bill requires the Institute to keep proper accounts I think these are very general statements Any institute or institution will have to keep proper accounts whether the Bill requires or it doesnt Then about preparation of budget Any institution would like to do it and will have to do it Then it says Preparation of Accounts in such manner as may be prescribed Who is going to prescribe the manner Manner will be given by the Government Sir are you going to advise the advisers Is the Government going to form a manner or a format for an institution which is controlling the format for every accounting system in the country Either Government public or private sector small or big whatever it is it is their recommendations and they have to take the advice of the Government I cant find any logic in it I would like to know (Interruptions) Ahluwaliaji doesnt have the autonomy of speaking freely in his own party (Interruptions) So he has a problem We have complete independence (Interruptions)

SHRI SS AHLUWALIA Are you supporting this Bill or opposing

MR DEPUTY CHAIRMAN Somebody said that it is a very dry subject He is making it a very lively subject

SHRI SS AHLUWALIA Sir the whole House is supporting the Bill Now it is five oclock we should pass this Bill Thats all We need to pass this Bill The whole House supports this Bills

SHRI SANTOSH BAGRODIA I have not yielded If you want me to yield I dont mind If he wants to speak something I will yield (Interruptions) Sir it is for this reason this Institute is a creation of Parliament On the Council of Institute there are very important and learned chartered accountants and accounting experts of the country

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I dont think they need any advice from the Government and this clause should be completely completely deleted because it sounds to me like this Jagadguru Shankaracharya or Pope or any Maulavi should be told how to know about their own religion by some non- experts This sounds like this I dont think this clause being retained will be meritorious It should be completely withdrawn

Now Sir coming to clause 15 on page 7 lines 1 to 7 it says provided also that if such information that the accounts of the Council do not represent a true and actual view of its finances What is a true and actual view is all vague Then it says is sent to the Council by the Central Government the Council shall cause a special audit Who will do it The Council itself will do it But the Council has already done it I cant understand why this clause has been there at all For fifty years this Council never needed this kind of clause For fifty years not a single time any kind of such a special audit was required Some friends have mentioned about some transfer of fund for a college or a university I dont know if it has happened I dont know if it has happened legally or if it has happened illegally If it has happened illegally there are a number of laws in the country we can take care of it Simply by having a special audit you cannot prevent this kind of transfer of funds Transfer of funds is not because of the audit Transfer of funds is known this is in the books How is the Special Audit further going to improve the situation That fact is already known It is not hidden If it is illegal if sombody has committed a fraud there are a number of laws in the country to deal with that situation Sir I strongly recommend that there is no case for the Government to seek a special audit of the accounts of the Institute and requires the Council to send the Action Taken Report This should be completely deleted

DR T SUBBARAMI REDDY (Andhra Pradesh) It is a good suggestion

MR DEPUTY CHAIRMAN If Dr T Subbarami Reddy says it is a good point it should be a good point

SHRI SANTOSH BAGRODIA Sir generally speaking I am not going to take very long There is an acute shortage of the chartered accountants Just now sumebody referred to this point We all know that their number is 130000 today For a country like India and for a developing economy like ours 130000 chartered accountants are

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nothing The way the economy is doubling and trebling rather we should give this Institute more push so that we can have more chartered accountants every year many more chartered accountants Otherwise there will be a problem We will go on making losses and these chartered accountants being over-burdened will go on signing papers without proper investigations So it is necessary that we should have more chartered accountants How do we do it I do not know It is for them to decide

Sir some hon Member mentioned about article assistant I fully support him We do not have to call them clerks who are learning the chartered accountancy who are the students of chartered accountancy and I have been always mentioning about it A few days ago we had the WTO discussion in this House and we discussed about the free movement of natural persons I dont think any country in the world should have any objection to the free movement of chartered accountants Sir the chartered accountants are the most capable and educated lot of the country I do not want them to go outside because we need tham here But still their right to go out their right for free movement should be well established and I will request the hon Minister to discuss this issue with the Commerce Minister and coordinate and this must happen as quickly as possible

Sir coming to the Cost and Works Accountants I want to make only one point very quickly The number of the cost and works accountants is again not more than 35000 It is nothing Why do a number of companies go sick This is because of the fact that we have shortage of cost and works accountants Most companies cannot afford the services of these cost and works accountants these experts So here also I will request the hon Minister to find ways and means to have more cost and works accountants double and treble their number every year so that many cost and works accountants are available and even a small industry can afford to hire them for better services

Similarly in the case of Company Secretaries there is a law that we have to have company secretaries But I can tell you that most of the company secretaries have been allowed to go to more then one company Why is it so It is for the simple reason that we do not have enough company secretaries Their number is 16000 or 17000 or something like that If you have made a law you have to provide for them if there is

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non-availability of company secretaries Search for them with searchlights to get company secretaries So please find out as to how we can have more company secretaries in the country

Some hon Member mentioned about co-option one-third or two-third He mentioned that most of the people dont want to be co-opted No no This not right These elected members who really control the group of people they want to have more co-opted members because in that case their strength increases I will strongly suggest that one-third is the right thing to do If we still need more experts you can use them in some capacity You do not need them necessarily in this capacity only If you still need more experts you can use them in some other capacity You dont need them necessarily in this capacity only

Sir I do support it But what the hon Minister has brought in this amendment on page 7 line 6mdashThe Council shall cause a special audit and shall furnishmdashall these things should be completely removed I request the hon Minister please for Gods sake dont bureaucratise this Dont be on a prestige issue Dont think that by simply changing these words the problem will be solved We dont need it This should be completely deleted and you bring out this amendment Or somebody might have brought this amendment Please accept that amendment

With these words I thank you Sir once more for giving me this opportunity to speak

ी उपसभापित ी राजीव शकल

ी राजीव शकल (उ तर परदश) ध यवाद उपसभापित जी ( यवधान) यह मरा स जकट कय नही ह चाटरडर एकाउ टट स हम भी डील करना पड़ता ह ( यवधान) हा म इस िबल को समथरन दन क िलए खड़ा हआ ह ( यवधान) आप हमारी बात सन तो लीिजए ( यवधान) अ छा आप िजतना बोलत ह हम यान स सनत ह न ( यवधान) आप इतना बोलत ह ( यवधान) कई बार िबना ज रता क भी बोलत ह िफर भी हम सनत ह ( यवधान)

महोदय म सबस पहल मतरी जी को इस बात क िलए यवाद दना चाहता ह िक व इस तरह का िवधयक लकर आए ह मा यवर यिद सही कहा जाए तो क पनी अफयसर की कोई न िमिनि टर होती ह हम लोग को इसका बहत कम अहसास होता था जब स वहा परम ग ता जी आए ह रोज कछ-न-कछ ऐसा होता ह िक लगता ह िक हा क पनी अफयसर िमिन टरी कछ काम कर रही ह उसक िलए म सबस पहल इनको नयवाद दना चाहता ह िक उ ह न कछ लान

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का परयास िकया और हम उसक बार म बतान की कोिशश ककी ह

इसम कोई शक नही िक जो चाटरडर अकाउ टट इ टी यशन ह जो स था ह इस दश म बहत िगरमामयी ह सभी उसका स मान करत ह उसम एकस-स-एक अ छ लोग ह परितभावान लोग ह और उनका एक परवन टरक िरकॉडर ह लिकन सर मझ लगता ह िक वकत आ गया ह िक उनकी भी अकाउ टिबिलटी िफकस करनी चािहए जब इस दश म एक चपरासी की भी अकाउ टिबिलटी ह जवाबदही ह रा टरपित की भी जवाबदही ह तो चाटरडर अकाउट स की भी जवाबदही होनी चािहए इस सरकार न उस िदशा म यह पहला परयास िकया ह िक चाटरडर अकाउट स की भी अकाउ टिबिलटी जवाबदही तय की जा रही ह इसक िलए म इनको बधाई दता ह I dont think much is left after the elaborate speeches made by

Mr Santosh Bagrodia and Mr C Ramachandraiah (Interruptions)

DR MAHENDRA PRASAD (Bihar) He has written a book

SHRI RAJEEV SHUKLA Still I would like to make some observations

सर टॉक माकट म दो बड़ कडल हए ह जब तक ऐसी क पिनय की ऑिडट िरपोटर सबिमट नही की जाती िजसक आधार पर बलस शीट बनती ह उसक अपरव नही िकया जाता तब तक व क पिनयाय न अपनी बलस शीट बना सकती ह और न ही उस सबिमट कर सकती ह व ऑिडट रोपोटर व फजीर ऑिडट कस हए ह अगर उनम चाटरडर एकाउ ट स की connivance नही थी ठीक ह य कह रह ह िक शकराचायर होत ह पोप होत ह मौलवी होत ह म मानता ह लिकन सार चाटरडर एकाउ ट स न तो शकराचायर ह न पोप ह और न ही मौलवी ह शयर माकट म इतना ( यवधान) हा म वही कह रहा ह इ टी यट ठीक ह लिकन इ टी य स म अगर इिडवीजअ स ह तो उनकी जवाबदही होनी चािहए इतन बड़ दो-दो कड स हए ह उनम चाटरडर एकाउ ट स का ऑिडट करन वाल का कया रोल था यह सबक सामन जािह ह लाख इ व टसर को िकतनी सम याओ का सामना करना पड़ा कस लट गय सब को पता ह इसिलए म मतरी जी स पछना चाहता ह िक आप उन इ व टसर को परोटकशन दन क िलए कया परोिवज़न कर रह ह िजसस िक आग कोई फरॉड न हो चाटरडर एकाउ ट टस की और जो बलस शीट ऑिडट करत ह उनकी कया अकाउटिबिलटी होगी

दसरा सर गवनरमट न काउि सल को िडज़ॉ व करन की पावर अपन पास ली ह इस पर कई लोग को आपि त ह कई लोग ऑटोनॉमी की बात करत ह म तो समझता ह िक यह िब कल सही काम ह कछ-न-कछ अिधकार िकसी-न-िकसी तरीक स भल ही इनडायरकटली हो गवनरमट क पास रहना चािहए िकसी भी सगठन को एकदम व छ दता स छोड़ दना मर खयाल स उिचत नही ह उसम बहत स परोिवजन ह िजनक आधार पर ऑटॉनॉमी दी गई ह

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लिकन िब कल इन सबक ऊपर छोड़ दना मझ लगता ह िक उिचत नही ह यह जो कॉिसल म 32 और 8 यानी 40 म बसर का परोिवजन िकया गया ह इतन म बसर कय ह म मतरी जी स इसका ज टीिफकशन चाहगा मझ नही लगता िक इतन म बसर की ज रत ह कय िक इसस खचार भी बढ़गा जब उ ह न इस िकया ह तो म इसका ज टीिफकशन मतरी जी स ज र चाहगा एक और बात जो बड़ी इ पोटट ह वह म उठाना चाहता ह यहा पर हाउस म भी दो बहत स मािनत चाटरडर एकाउटट ह वरी ऑनरिबल चाटरडर एकाउट स एक तो आप ह और दसर रामच दर या जी ह म इन चाटरडर एकाउटट की बात नही करताbut there are certain Chartered Accountants who have got a nexus with the income-tax officers They pass on the information of their clients to the income-tax officers get the notice served on their clients and then settle the matters through those officers for financial consideration They become conduits of the income-tax officers What provisions is the Government making to curb this kind of a practice There are certain Chartered Accountants who are doing this kind of a job in connivance with the income-tax officers So what measures is the Government taking to prevent this kind of a thing

Secondly in Bollywood most of the raids are being conducted on the information given by the Chartered Accountants There is one Chartered Accountant firm which is looking after the work of 7 or 8 Bollywood stars On the same day when the raids took place at the premises of 7 or 8 Bollywood actors and actresses they came to know that the Chartered Accountant passed on the information I dont want to go into its merits He must have done a good job But the provisions regarding giving awards or rewards should not be for the Chartered Accountants but for others Others can give the information and get the rewards If the reward or the money is being given to the Chartered Accountants I think it is not a healthy tradition This should be stopped

There is another suggestion which I want to make to the Minister उपसभापित महोदय मतरी जी न िडिसिपिलन अथोिरटी बनाई ह बहत अ छी बात ह उसम उ ह न एकाउटिबिलटी िफकस करन क िलए जवाबदही िफकस करन क िलए सार परोिवजन िकए ह लिकन उसम मर खयाल स इ व टीगटीग अथोिरटी का नही ह इ व टीगिटग पावर नही ह व भी दन चािहए िफर उसका कोप एलोबरट करक उसम बाहर क म बर भी रखन चािहए म तो कहता ह िक गवनरमट का िडसिपिलन डायरकटर हो तो कोई हजर नही होगा आईएएस ऑफीसर भी हो सकता ह अगर अ छा हो उसको िब कल इ टी यशन पर छोड़ दना मर खयाल स उिचत नही ह और अगर ह तो कम स कम इ व टीगिटग पावर उनको दनी चािहए और उसकाi

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कोप वाइडन करक उसम और लोग को भी लाना चािहए Powers for whistle-blowing should

also be given to the members This is another suggestion which I want to make और अपीलट अथोिरटी जो बनाई ह it is a welcome step because the load on the High Courts

will be reduced नरश च दर कमटी की िसफािरश की बात उ ह न की ह I am also for that It should be implemented

महोदय आिखर म म मतरी महोदय को एक बात कहना चाहगा िक आपन जो बोडर ऑफ डायरकटर कपनी क बनाए ह उसम आपन डायरकटर क ऊपर कड़ाई और सखती कर दी ह हर चीज क िलए उसकी र प िसिबिलटी िफकस कर दी ह इसस उनका काम करना मि कल हो गया आपको इस तरह गला घ टन का काम नही करना चािहए आप यह मानकर मत चिलए िक सभी कपिनया गलत ह अप ऐस परोिवज स बनाइए ऐसा मकिन म बनाइए िजसस जो गलत कपिनया गलत काम कर रही ह उनको पकड़ा जा सक लिकन सबका इस तरह स िब कल गला दबा दना ठीक नही लगता आप िकसी भी बोडर म जाइए सब लोग उसम जान स डरन लग ह कोई भी िकसी भी बोडर म नही जाना चाहता सब डरत ह िक पता नही कब छोटी सी चीज पर आप पकड़ लग उ ह जल हो जाएगी उनक िखलाफ यह हो जाएगा वह हो जाएगा मझ लगता ह िक आपको इतनी सखती नही करनी चािहए हर जगह सखती भी ठीक नही ह यह दरोगा का डडा हर जगह नही चलना चािहए यही म आपस दरखवा त करता ह

बाकी आपक इस िबल का म समथरन करता ह आपन यह बहत अ छा कदम उठाया ह ध यवाद

MR DEPUTY CHAIRMAN Mr Natchiappan I think the time of all the parties is exhausted So kindly take the minimum possible time

SHRI EM SUDARSANA NATCHIAPPAN (Tamil Nadu) Mr Deputy Chairman Sir the Chartered Accountants Act 1949 and the Cost and Works Accountants Act 1959 and the subsequenl Act that is the Company Secretaries Act 1980 all the three Acts have been evolved on the basis of the necessity at that time

During the nascent period of Independence we needed Chartered Accountants People from remote areas and villages also came forward to study the Chartered Accountancy course Hence the Government was in a position to control the entire organisation and rake the people to participate in this new venture In the same way when it was the period of specialisation during the period of 1980 to 198 it came out with

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more Acts and more amendments Cost Accountancy was one of the specialised fields Subsequently the Company Secretaries Act also came into force because Company Secretaries were needed for the proper adminstration of companies We all know very well that the hon Minister is a very farsighted person But this Bill was conceived during the period of the so-called Harshad-Scam Therefore in the guise of giving protection this amendment has been brought forward Although I support all the three Bills I would like to draw the attention of the Government to the fact that when we are going to make the services sector to compete with the world economy and market-driven economy we have to think not only in terms of selling the PSU shares and equities to the private sector but also in terms of the services which are going to be part of the competition at the international level I was reading a news item in the newspaper where the hon Finance Minister stated that we were going to allow Chartered Accountants from other countries to come to India Though they consider us to be well-educated well prepared well focused and specialised in this particular field the companies which are coming here and investing money and those which are having branches here want to have their own Chartered Accountants What will happen to those Chartered Accountants who are well-versed who are experts and who have already migrated to other countries They are well trained even though those degrees were not recognised in certain countries They go to other countries and specialise in certain fields from certain universities and join companies to earn money They reverse should not happen Now this amendment will help the Government to have a grip on this institution What is the financial commitment the Government is going to make Here there is no financial commitment made Whether a Joint Secretary becomes a member of the Council or whether he becomes one of the members of the Governing Body the TA and DA and other perquisites and everything are going to be borne by this Institute Then it is easy for them

Here I see a very funny thing in the First Schedule ie the prohibition part which prohibits advertisements Advertising a professional attainments or servic es or using any designation or expression other than Chartered Accountant etc is prohibited In the same way they should not solicit clients or professional work either directly or indirectly by a circular advertisement personal communication or interview or any other means That means a Chartered Accountant who is sitting in his office

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has to find out the clients on his own divine power not by advertisements or by his proficiency to show that he is available for this particular excellence Why should this prohibition clause be there even now At that time in 1950s or 1980s it was needed Now it is market-driven economy Services are nedeed competitive services are needed New people are coming enthusiastic youngsters are joining this force They should be allowed to compete with others especially the foreigners who are coming here to have their own companies in different names They are coming with a simple name of consultancy They have got the management consultancy They have got their own Chartered Accountants Cost Accountants and Company Secretaries They are deputing them But there is not law to prohibit that Here the people the educated people are the suffered lot As you know it is a very strenuous task to pass the preliminary and final exams They have to have an apprenticeship for a certain period Then only after about five years they can become members of the association They are doing such a strenuous work But we are not allowing them to do out and earn more Now the hon Minister is a very farsighted person He should see to it that the Government control is reduced and more and more liberalisation is there But so far as the constitution of the committees is concerned I want to say that the Secretaries want to remain occupied even after retirement Clause 10B says A person shall not be qualified for appointment as a Presiding Officer of the Tribunal unless he has been a member of the Indian Legal Service and has held a post in Grade I of the Service for at least three years What is his experience of deciding on an election dispute An officer sitting in the chamber wants to become a member of that particular Tribunal In the same way here they are having a separate website for every company But we are not allowed to have the website We could not show what is his excellence in a particular field In the same way I would like to draw the attention to the fact that normally the Indian Constitution itself gives the mandate about the qualification for a High Court JudgemdashA person who is or has been a judge of the High Court to be its chairperson That is the new clause to be added as clause 22A But here that part namely qualified to be is left out That is a part of the Constitution The Constitution itself says that a person who is qualified to be a High Court Judge can also occupy that particular post This should be amended properly and the people who are in the Bar who have specialised in this field should also occupy these positions

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Finally I would like to conclude with the remark that the provision pertaining to the Quality Review Board is all right because it will guide the members of the Institute to improve the quality of services and ensure adherence to the various statutory and other regulatory requirements This is sufficient for the Government to interfere Then I think giving an appellate authority is also unnecessary because again it will go to the High Court the Supreme Court and there will not be any end There should be a domestic body to decide about the discipline and it should be settled at that level

ी िवजय ज दडार (महारा टर) उपसभापित महोदय ध यवाद य जो तीन िबल आए ह चाटरडर अकाउट स (एमडमट) िबल क पनी सकरटरीज़ (एमडमट) िबल और तीसरा कॉ स एव वकसर अकाउट स (एमडमट) िबल इनम स म चाटरडर अकाउट स सशोधन िवधयक पर बोलन क िलए और इस िवधयक का समथरन करन क िलए खड़ा हआ ह

आज समगर िव व म आिथरक बदलाव काफी ती गित स हो रहा ह इस भमडलीय पिरवश म िव व आिथरक पटल पर भारत को अहम भिमका अदा करनी ह आज क यग म चाटरडर अकाउटट दश म हो रह आिथरक बदलाव की परिकरया का एक अिभ न अग बन चक ह इस समय पर दश म लगभग 120000 स अिधक चाटरडर अकाउटट ह और लगभग 300000 स अिधक छातर इसकी पढ़ाई म सलगन ह

आज जबिक िव व यापार सगठन क मा यम स सवा क कषतर म उदारीकरण हो रहा ह ड यटीओ क मा यम स सिवरिसज़ का जो यग श हआ ह इस यवसाय म अकाउिटग सवाओ को िनयिमत िकए जान की काफी सभावनाए ह इसिलए इस बदल हए पिरपर य म यह आव यक ह िक िशकषण और परिशकषण क साथ-साथ लखाकरण और लखा परीकषा एव कषमता िनमारण क उपाय क तर को भी िनरतर ऊचा उठाया जाए वषर 1992 और 2001 म हए शयर बाजार घोटाल क बाद हई दो सयकत सिमितय क गठन स पहल चाटरडर अकाउट स की भिमका सदह क घर म आ गई थी

सयकत सिमितय म यह वीकार िकया गया था यिद स परीकषक भर ट यव था का अग बन जात ह तो आिथरक िनयतरण और सतलन धराशायी हो जात ह इन सिमितय न स परीकषणो म गणव ता और विरत अनशासना मक कायरवाही को सिनि चत करन क िलए वततर बोडर गिठत िकए जान की आव यकता पर बल िदया ह िपछल कछ वष म िव व की कछ जानी-मानी क पिनया भी घोटाल का िशकार बनी ह इन तमाम घोटाल स काप रट परशासन अकाउिटग परणाली और परकटीकरण म सधार क एक और चरण का सतरपात हआ ह पर तत तीन िवधयक िव त सबधी थायी सिमित को भज गए थ इन िवधयक पर सिमित न यापक सझाव िदए थ

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यह वषर की बात ह िक अिधकतम सझाव वीकार करन क प चात तीन िवधयक को पन पर थािपत िकया गया ह इसक अलावा इसम सयकत सिमितय और नरश च दरा सिमित की िसफािरश को भी वीकार िकया गया ह इस िवधयक क मा यम स अनशासन सिमित को और स ढ़ बनान का काम िकया गया ह िजसस एक स अिधक अनशासना मक सिमितय का गठन िकया जा सकगा कया सरकार क पास आकड़ ह िक इस समय अनशासना मक कायरवाही क िकतन मामल लि बत ह तथा िवधयक क आन क बाद उ ह िनपटान म िकतना बल िमलगा इस िवधयक म 21 (A) (B) (C) और (D) क मा यम स िजस तरह की अनशासना मक िकरयािविध का उपबध िकया गया ह वह बहत ही ल बी परतीत होती ह मामल क विरत िनपटान क िलए कोई समय सीमा नही िनधारिरत की जा सकती ह नरश च दरा सिमित न वततर अनशासना मक सिमित की िसफािरश की थी आपन ससदीय सिमित की िसफािरश मानकर कारबार िशकषा और लोक परशासन कषतर स हटाकर इसका परितिनिध व िविध िव त और लखाकमर तक सीिमत रखकत अ छा काम िकया ह लिकन इसम यह प ट नही ह िक सद य िकस तर क ह ग तथा क दर क वारा पर तािवत नाम िनिदर ट सद य िकस तरह वततर प स कायर करग यह सभी लोग

को पता ह िक िकस तरह अिधकािरय म नाम िनदशन क िलए होड़ लगती ह इसी तरह स पर तािवत नई धारा 21(क) क सबध म ससदीय सिमित न िसफािरश की थी िक छोट अपराध क िनपटान क िलए त तर का परावधान करन हत बहसद यीय िनकाय बनान क िलए उपयकत सशोधन होना आव यक ह तथा इसका परमख िवधायी सवा स जड़ सयकत सिचव क तर स नीच का यिकत नही होना चािहए लिकन पर तत सशोधन म इसक परमख क तर क बार म कछ भी प ट नही िकया गया ह मतरी जी बताए िक इस अनशासना मक सिमित का परमख तथा सद य िकस तर क ह ग इनक सद य की योगयता तथा अनभव क मानद ड भी िनधारिरत होन चािहए

इसक अलावा म इस स थान और यवसाय क कछ दरगामी पहलओ पर भी मतरी जी आपका यान आकिषरत करना चाहगा अभी माननीय रा टरपित जी न भी इस सबध म कछ सझाव िदय थ चाटरडर अकाउटट दश क िव तीय परबधन म एक मह वपणर भिमका का िनवारह कर रह ह अभी ससद न रोजगार गारटी िवधयक पास िकया ह िजसम 200 गरामीण िजल को कम स कम 100 िदन क रोजगार की गारटी दी गई ह भारत िनमारण क तहत एकीकत गरामीण िवकास कायरकरम को इस िवधयक क साथ समािव ट करक यह स थान इस योजना क परबधन और सफल सचालन म मह वपणर भिमका अदा कर सकता ह ( समय की घटी)

मरा पहला सझाव ह िक आज गराम सभाओ और पचायत तर पर थानीय लोग

को लखा परीकषण और अकाउिटग का परिशकषण दन की आव यकता ह जो िक पचायित यव था लाग होन क बाद एक नई चनौती ह

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मरा दसरा सझाव ह िक अकाउिटग क कषतर म नई सचना परणानी का परयोग करना आज एक छोट स लकर बड़ यवसायी क िलए अित मह वपणर हो गया और इस पदधित का और सरलीकरण करक गाव क कषतर म लाग करना ( यवधान)

ी जय राम रमश सर इनका पचायत वाला पाइट बहत अ छा ह ( यवधान)

ी िवजय ज दडार मरा तीसरा सझाव ह िक अथर का परबधन अ नयन अित मह वपणर ह इसिलए हम परबधन म अपन नितक म य का यस नही होन दना ह म माननीय रा टरपित जी की इस बात स अपनी बात समा त करता ह िजसम हर परिशकषण परा त लखा परीकषक को शपथ लन की बात कही गई ह रा टरपित जी न अपनी पीच म कहा ह

I realise the profession I am entering is the trusteeship of financial management and I will assist whichever institutions I audit keeping in view of the social obligations I will not only bring out the problems of financial management for protecting the interest of all the stakeholders of the enterprise but also suggest possible solutions with ethics as a way of life ध यवाद

SHRI S S AHLUWALIA He should move that the Bill be passed (Interruptions) That is all

THE MINISTER OF STATE OF THE MINISTRY OF COMPANY AFFAIRS (SHRI PREM CHAND GUPTA) I will make a very short reply (Interruptions) Sir I am not only thankful to Shri Ahluwalia but all the hon Members for participating in this debate This debate has been very healthy useful and very informing Sir our professionals are very competent and they can compete at international and national fora with the best in the world However Sir we have to provide them an atmosphere to grow for multi-professional firms so that they can compete commercially in the international arena Sir as I said earlier in my opening remarks there is now an IT boom and our professionals would have an important role to play So we in consultation with various chambers of commerce and the concerned professional institutes decided to bring this amendment Bill There is a misnomer on certain issues That is what I have seen We have to understand the necessity of the amendments why do we need these amendments Sir earlier till 1990 the Controller of Capital Issue used to control the stock market securities market

And this office was abolished afterwards and our economy was further opened up The role of the Chartered Accountants became

330

[13 December 2005] RAJYA 8ABHA

absolutely important because an Investor would only see a balance sheet certified by an auditor or by a Chartered Accountant That is the only thing that is available to an investor You would appreciate that Chartered Accountants Bill was passed in 1949 At that time the priorities were different The necessity of controlling the system was different than what we have today When the Cost and Works Accountants Bill was passed in 1959 and the Company Secretaries Bill was passed in 1980 a need was felt that there should be some control It is not that the Government wishes to have some control over our professionals who are considered to be the best in the world But the thing is that there has to be checks and balances This is the basic reason with which we have brought about these changes in the relevant Acts so that we have a systematic change in the institutions governed by these Acts including disciplinary procedures to deal with the cases of professional misconduct We have had two Stock Market Scams Mr Ahluwalia had the honour to be a Member of both the JPCs and I used to be his colleague sitting in the second JPC Sir you were also a Member of the JPC You were also with us We all know that some checks and balances are required and that is the need of the day There is no intention of Interfering with the autonomy of the institutions But freedom and accountability go together The professional institutions are the creation of law They owe a public duty While maintaining their autonomy they need to be more accountable and that is the whole idea behind these amendments We have not reduced the autonomy of the institutions Rather some of the proposals in the amendments go towards increasing the autonomy For example the institutions had to come before the Government for every revision in the fee But now in the new proposal in contrast to the earlier position the power of revision in the fee structure is with the Council having powers to fix up to specific limits itself without coming to the Government for seeking approval Even we have put a restriction on the Government The Government cannot increase the fee structure more than two times So this is the idea and what I am trying to explain is this We have no intention of playing with the autonomy of the institutions There was a general feeling among the hon Members that powers have been retained to give directions to the institute Sir there are certain as I explained to you earlier things The Chartered Accountants Act was passed in 1949 and at that time the situation was different But gradually the circumstances changed and by the time the Cost and Works Accountants

331

RAJYA 8ABHA [13 December 2005]

Act and the Company Secretaries Act were enacted In 1959 and 1980 respectively need for this power was felt and that led to this provision being included in those Acts As I said earlier the capital market was regulated by the Controller of Capital Issues The situation has changed since

Here I would like to draw the kind attention of the House to the JPC Report Shri C Ramachandraiah said that JPC did not comment negatively as far as this thing is concerned The JPC of 2000 Scam had commented that of the 27 firms against whom disciplinary proceedings were started based on their role in 1992 Scam four were exonerated while cases against 23 were still pending

That revealed a total lack of urgency on the part of the institute The Enron scam which took place in the United States ended up with the dissolution of one of the biggest institutions Arthur Anderson in the world So some sort of checks and balance are required (Interruptions)

SHRI S S AHLUWALIA Mr Ketan Parikh himself was a Chartered Accountant

SHRI PREM CHAND GUPTA You know that better I dont need to comment on this The JPC had urged the Government to bring amendments at the earliest to rectify the situation Further the ICAI is performing the role of the State under the Chartered Accountants Act which allows it to collect fees from members and regulate the profession

Sir under the Right to Information Act ICAI would be equally responsible for implementing the Act as other autonomous bodies of the Government So you know how important these institutes are for the Government They are a part of the system Sir in such a scenario the Government cannot simply passively watch and not take any action if there are serious violations so far as the Chartered Accounts Institute or any other institute is concerned

In 2003 the Government had introduced a stronger provision in the Chartered Accountants (Amendment) Bill in order to ensure fulfilment of the objective of the Act The Parliamentary Standing Committee on Finance felt that the scope of this provision was very wide and reduced it for specific cases in order to ensure the highest quality of audit and to ensure an expeditious action against the defaulters While this reduced the scope of directions to be given as compared to the Bill this was still

332


felt to be quite open-ended and liable to varying interpretations in future Hence based on the consultations with the principal stakeholder namely the ICAI it is now proposed to further restrict the powers to issue directions in cases of non-compliance with the provisions of the Act Only noncompliance Mr Bagrodia you will appreciate that if there is a noncompliance the Government cannot simply sit and watch (Interruptions)

Sir the power to issue directions is not something specific to the Chartered Accountants Institute alone As I told you as I explained earlier the Cost and Works Accountants and Company Secretaries Act (Intermptibns)

SHRI SANTOSH BAGRODIA He has mentioned my name but I am not reacting

SHRI PREM CHAND GUPTA Sir the next point is this I have already gone through the comments of the JPC With the new disciplinary mechanism being put in place it is expected that the disciplinary cases would be tried in an expeditious and unbiased manner That was observation of the JPC And we have followed that

A reference was made to the Naresh Chandra Committee on the functioning of the ICAI Here I would like to say that subsequent to the stock market scams the Government had appointed the Naresh Chandra Committee on Corporate Audit and Governance The Naresh Chandra Committee in its report of December 2002 had commented adversely on the quality of audit and slow disciplinary mechanism It had noted the general reluctance of the professional councils to expeditiously carry out disciplinary actions against its members and had made several suggestions in this regard Some of the important suggestionsmdashI think Shri RP Goenka had asked for itmdashwere Setting up of an independent quality board to review the quality of audit new disciplinary mechanism with a Prosecution Directorate a disciplinary committee and an appellate body So these were the suggestions A new provision has been proposed in each of the three Acts to provide for an independent Quality Review Board consisting of council members and outside experts to review and guide the quality of services being provjded

The Naresh Chandra Committee recommendations on the disciplinary mechanism have been modified after taking into consideration the recommendations of the Parliamentary Standing Committee orf Finance

333


Sir I have the position regarding the issue of directions There are statutes relating to other regulatory bodies like the IRDA (Sections 18 and 19 of the Insurance Regulatory and Development Act 1999) SEBI (Sections 16 and 17 of the Securities and Exchange Board of India Act 1992) TRAI (Section 25 of the Telecom Regulatory Authority of India Act 1997) and the Electricity Regulators (CEA CERC amp SERC Sections 75 107 and 108 of the Electricity Act 2003) which have provisions for directions by the Central Government So this Institute is not the only one where the Government has retained this power(Interruptions)

SHRI C RAMACHANDRAIAH But those regulatory services are different(Interruptions) The services are entirely different

SHRI PREM CHAND GUPTA Sir the directions are issued only in case of non-compliance I think there is nothing wrong in it (Interruptions)

SHRI SANTOSH BAGRODIA Obviously only when there is non-compliance there will be a direction (Interruptions) It is very obvious But the fact remains referring to the Electricity Regulator they are accountable to the Parliament (Interruptions)

SHRI PREM CHAND GUPTA Sir under the Medical Council Act 1956 (Interruptions)

MR DEPUTY CHAIRMAN Mr Ramachandraiah let the Minister complete No no let him complete (Interruptions)

SHRI C RAMACHANDRAIAH Sir umpteen times he has referred to non-compliance (Interruptions) I am not objecting to this (Interruptions)

MR DEPUTY CHAIRMAN Mr Ramachandraiah (Interruptions) Let the Minister complete (Interruptions)

SHRI PREM CHAND GUPTA Sir I am trying to explain (Interruptions) As per my understanding Sir (Interruptions) Sir under the Indian Medical Council Act 1956 the Government has the power to include or remove any medical qualification further if the Medical Council does not comply with the provisions of the Act the Central Government may refer the matter to a Commission of Inquiry and is empowered to take any measures necessary to implement the recommendations However Sir in our case there is no such intention We have not kept any provision like that

334


Sir there are certain problems in the disciplinary mechanism which is prevalent at the present moment We have made some suggestions in line with the Naresh Chandra Committees recommendations and the recommendation of the Parliamentary Standing Committee on Finance Separate bodies have been suggested The Board of Discipline (for minor offences) and a Disciplinary Committee (for major offences) are being set up for dealing with the disciplinary cases In addition Sir there would be an appellate authority to hear appeals I can give the composition of these bodies but I do not think it is necessary here

Sir one apprehension has been raised by most of my friends here about the special audit of the Institute Sir professional institutes are the creation of law and they discharge very important duties affecting a large section of the public Therefore their actions and the state of their finances need to be above board There is a saying Sir Caesars wife should be above suspicion (Interruptions) However the Government is (Interruptions)

MR DEPUTY CHAIRMAN Mr Narayanasamy let the Minister complete (Interruptions) No no let him complete (Interruptions) Mr Narayanasamy see you should give an opportunity to the Minister to say what he wants to say (Interruptions) Mr Narayanasamy (Interruptions)

SHRI V NARAYANASAMY Whether he is justified in (Interruptions)

SHRI PREM CHAND GUPTA I am coming to that(Interruptions)

MR DEPUTY CHAIRMAN Mr Darda please sit down (Interruptions)

SHRI PREM CHAND GUPTA Sir the Government is Interruptions)

SHRI MANOJ BHATTACHARYA Sir(Interruptions)

MR DEPUTY CHAIRMAN Please sit down Interruptions) Please sit down (Interruptions) I will give you an opportunity to seek clarifications later

SHRI PREM CHAND GUPTA Sir the Government is not trying to assume powers to audit the accounts of the Institute Rather it is proposed to empower the Councils if they find it appropriate to direct special audit

335


of their accounts in the event is brought to their notice that the accounts of the Council do not represent a true and fair view of the state of affairs of the Councils finances It would thus be seen that the Government is not taking any additional power to issue directions to the Council in respect of the special audit It is entirely left to their discretion depending upon the facts and circumstances of each complaint If such information is provided by the Government then the Council would submit only an Action Taken Report saying that we have received this complaint we have looked into it but we have found nothing What is wrong in that I dont know(Interruptions)

MR DEPUTY CHAIRMAN Please let him complete (Interruptions)

SHRI C RAMACHANDRAIAH Sir the Chair should permit us to seek clarifications

MR DEPUTY CHAIRMAN Definitely

SHRI PREM CHAND GUPTA Sir one issue regarding the term of the Council was raised In the case of ICAI the Standing Committee had suggested two consecutive terms of four years each The 2003 Bill had suggested three consecutive terms of four years each We have decided that we should not disturb the existing system We decided to allow three consecutive terms of three years each and after one break they can seek re-election for nine years So I think that is fair enough In case of ICWAI 2003 Bill had suggested three consecutive terms of four years each The Standing Committee had recommended two consecutive terms of four years each In the 2005 Bill there is a provision of two consecutive terms of four years each Similar is the case with ICSI Sir limiting of terms would prevent domination of one group of professionals administering the system continuously A four-year term would allow greater time to contribute to the job However there have been representations from the ICAI for restoring the number of consecutive terms to three As you know Sir after a three years term one can take one break and then can seek re-election

SHRI C RAMACHANDRAIAH Is this provision prospective

600 PM

MR DEPUTY CHAIRMAN Let him finish

SHRI PREM CHAND GUPTA Sir with regard to changing the name

336


of ICWAI we have given a great thought to this It is a very complicated and very controversial issue Both the institutions both the Councils provide similar type of services So if we add Management to that institute then other institutes will feel left out in the cold So we decided not to change the name and we maintain the status quo

Sir with regard to the issue of improving quality of work of the professionals as far as Quality Review Board is concerned presently ICAI has a Peer Review Committee consisting of Council Members which goes into the quality of audit done by individual auditors selected on a sample basis This is not sufficient for following reasons This is reviewed only by the Council Members other stakeholders such as business industry and investors are not involved in the process

So its recommendations remain in the Council So it is proposed to introduce a new provision in each of the three Acts to provide for independent Quality Review Board The Quality Review Board will consist of council members and outside experts to review and guide the quality of services being provided I think there is no harm in that

The question of university came Shri RR Goenka had raised this issue Sir the ICAI Council decided in principle to set up an ICAI University in 1994 Following legal opinion against setting up the University on its own it decided to set up the University through ICAI-Accounting Research Foundation a Section 25 company set up by the ICAI The ICAI decided to set up the University ir Rajasthan utilising its enabling legal framework and promise of land allotment at concessional price The project cost estimated to be Rs 80 crores to be financed mainly from financial support of ICAI ICAI-ARF and voluntary contributions from members The ICAI has advanced Rs 5 crores so far towards this University The objections are as follows

Setting up of ICAI-ARF is disputed since its functions go beyond the mandate of research provided for in the CAAct Sir you know the issue Sir advancing of funds for University is aqainst the law since ICAI can do so only for research purposes and activities of Universities are much beyond research

Sir our friends Prasantababu and Shri Manojji talked about the WTO regime Sir at present the Indian professionals are unable to adopt modern competitive practices such as forming of multi-disciplinary

337


firms or advertising or bidding for tenders because the Schedule of Offences treat such activities as miscondusts Because of this they are unable to grow and compete with foreign firms such as Price Water house coopers or ernst amp Young These Schedules are proposed to be amended so as to enable formation of multi-disciplinary firms participation in tenders and allow limited advertising to make professional firms more competitive However Mr Ajay Maroo had expressed his apprehension about opening up for allowing advertisements which would benefit the big firms only and not the small firms But there has to be a beginning Somewhere someone has to start So I think we should open it up in a limited manner as per the guidelines of the ICAI

Sir now I come to the status of our negotiations under WTO In case of services negotiations are done through a system of offers and requests A country makes an offer to other countries on the level of opening up the sector and also makes requests to other countries on their opening of corresponding sectors This offer and requests are made in four Modes of trade in services namely Mode I Mode II Mode III and Mode IV Mode I is Cross-border supply Mode II is Consumption Abroad Mode III is Commercial Presence and Mode IV is Movement of Natural Persons

Sir we are taking care We know that our professionals are very capable They can provide the best services world over So we have this thing in our mind

Sir the sector of Accounting Auditing and Book-keeping services is one of the identified sectors in WTO negotiations

Sir apprehension was raised about the co-option of outsiders into Committees The present provisions allow co-option of members in the committees constituted by the Council such as Committees on Accounting Standards and Committee on WTO up to two-thirds of the strength of the committee with full rights as other elected members

Sir the principle of co-option which is to an extent greater than the strength of the elected member in the committee goes against the democratic principles and would lead to nominated members having a greater say than the elected members So we have decided to restrict their number of one-third

Sir these were the common points raised by all the hon Members

338


Then there were certain issues which were not related For instance Shri Ajay Maroo had raised an issue that a letter was written by an official of the Ministry directing members of the ICAI not to respond to the hon Member of Parliament That letter has since been withdrawn The other point that you made was that the manner of maintaining accounts should not be regulated by the Government It is not so Government is not going to decide on how the accounts should be maintained It is the Council which shall frame its regulations Page 6 Clause 15 and Subclause 3 of the Chartered Accountants Bill use the word prescribe So you should not have any reservation on this

Sir one issue was raised about advertising which I have already dealt with Shri RP Goenka had asked for some general information and also whether the cost could be reduced Sir once there is competition there would be transparency and the cost would automatically come down

Sir Shri Prasanta Chatterjee had raised an issuemdashwhy copy of regulations framed by the Council are not required to be sent to every member The objective can be achieved by publishing the regulations in the journals of the Institute which are published regularly More effective is the way of electronic media such as website This will also result in reducing the cost

Sir Shri Prasanta Chatterjee had suggested that members of appellate authority should be from a panel suggested by the Council If this were to be accepted there may be conflict of interests as the disciplinary proceedings are against the members of the institute Therefore it is not desirable

Sir Shri Perumal had made some suggestions about cost accountants to be trained in the new global trends Training is an ongoing process being taken care of by the Institute of Costs and Works Accountants and other institutes Improvements in the process are taking place

Co-option was also an issue which was raised by various colleagues The objective of co-option is to enable the committees of the Council to have experts from various fields so that they can deliberate upon issues of importance The Government does not wish to prevent this in any manner But this has to be in accordance with the democratic norms which require that co-opted members should not be more than

339


the elected members in the committees Even after the amendments the committees are free to involve special invitees in their deliberations in their meetings So they can always invite experts from outside

Shri Ramachandraiah had raised an issue about judicial powers to Director Discipline Director Discipline has to collect evidence before putting up the case to Board of Discipline in the case of minor offence and to the Disciplinary Committee in the case of major misconduct In absence of these powers the Director (Discipline) will not be able to discharge the responsibility in a proper and desired way One issue was raised by Shri Manoj Bhattacharya that why there is a delay in amendment Process of consultation has been completed recently Sir our Government is there in place for the last one year and a few months and immediately thereafter we have taken all the steps Hon Member should appreciate that Sir an apprehension was raised how accounts would be maintained The manner of preparing accounts is not going to be dictated by the Government The Institute will frame regulation and they will themselves prescribe the manner of preparing accounts In this process there is no intention to interfere with the autonomy of the Institute I have already dealt with this issue of at length Shri Santosh Bagrodia has raised the issue of tenure which I have already dealt with Shri Rajeev Shukla had raised the issue that the Chartered Accountants caused such and such things on film industry Well I dont want to make a comment on any specific issue but Sir in case of Chartered Accountants doing so this is a case of misconduct

MR DEPUTY CHAIRMAN It comes under disciplinary provisions Mr Rajeev Shukla can write to the Chartered Accountants Institute in this matter

SHRI PREM CHAND GUPTA Mr Natchiappan had raised the issue why there are restrictions on advertisement The reason why we have restriction on advertisement is that we want to provide a level-playing field to the small professionals If we leave it uncontrolled then there can be no limit Sir my last point considering the sentiments of the House I agree that students should not be called clerks Accordingly I propose that in clause 2 of the Chartered Accountants (Amendment) Bill an additional amendment be inserted on page 2 after the line 12 by which the word clerks shall be substituted with the world assistants in the

340


explanation to clause IV of sub-section (2) of section 2 of the principal Act

Further in clause 11 of the Bill it is proposed to substitute the word clerks with the word assistants in line 2 of page 5 of the amendment Bill Thank you very much

MR DEPUTY CHAIRMAN After ascertaining from the precedent I was informed that the Chair can also seek some clarifications There are precedents I would like to seek few clarifications You are right when you said that the intention of the Government is not to direct that the Institute should conduct an audit You are only bringing it to the notice of the Institute if any inconsistencies were found by the Government The Institute will act accordingly That is what the intention of the Government is But regarding the provision ofspecial audit by reading the proposed amendments from the very word special audit it seems that your intention is not to conduct audit but your intention is to set right what the Institute should do If there is any inconsistency that will be informed by the Government or any other agency and the Institute will act accordingly and not conduct a special audit because when audit is conducted a true and fair certificate is given by the auditor But the very language looks to be for example provided that if such information of account do not represent true and fair view then nobody can come to the conclusion that it is not true and fair just because certain inconsistencies were found So it cannot be true and fair

Once it is certified it is true and fair and if it is not true and fair the auditors take the responsibility whoever certifies That is the concept of true and fair

Now the Council shall seek a special audit On what A special audit is redoing the whole thing The intention of the Government what you said may not be that Whether it could be looked into is one clarification that I would like to seek

Another thing is that there was an impression by the ICAI university as you rightly clarified that the Council took the decision of establishing the university it is not a fraud it is not a diversion The council took the decision according to you to establish the university It may not be that it is an interpretation So a message should not go that there is diversion of funds or the institute had done something wrong Interruptions)

341


SHRI PREM CHAND GUPTA There is no such feeling (Interruptions)

MR DEPUTY CHAIRMAN From the debate some impression came So a Bodys image should not be spoiled (Interruptions)

SHRI PREM CHAND GUPTA Sir it is clarified that there is no diversion of funds There is no such feeling Sir as far as the special audit is concerned I would like to read the proposed amendments in Clause 15 of the Chartered Accountants (Amendment) Bill 2005

Provided further that in the event it is brought to the notice of the Council that the accounts of the Council do not represent a true and fair view of its finances then the Council may itself cause a special audit to be conducted

MR DEPUTY CHAIRMAN That is there (Interruptions)

SHRI PREM CHAND GUPTA So Sir let us not make it a problem (Interruptions)

SHRI C RAMACHANDRAIAH Sir the Minister is totally misleading the House (Interruptions)

SHRI MANOJ BHATTACHARYA Sir this is confusing (Interruptions)

MR DEPUTY CHAIRMAN Anyhow the Minister can look into it (Interruptions)

SHRI C RAMACHANDRAIAH Sir if you permit me I will read out (Interruptions) Sir the proviso which the Minister has read out is already there

SHRI PREM CHAND GUPTA Sir the issue was discussed in many consultations discussions that we had I am not supposed to say that the Group of Ministers had taken a view on this The Cabinet had taken a decision (Interruptions) No no Listen please

MR DEPUTY CHAIRMAN No no We are not questioning that (Interruptions)

SHRI PREM CHAND GUPTA Sir we consulted the institute we consulted many times and Sir we consulted everyone who requested

342


so I think Sir there is no confusion on this Sir you are our guardian You are not only our old friend you are our guardian With these words I request you to go ahead and have the Bills passed

SHRI C RAMACHANDRAIAH Sir this is pertaining to special audit I want to draw the attention of the hon Minister The Minister read out a proviso Sir on page 7 Clause 15 the proviso says provided further that in the event it is brought to the notice of the Council that the accounts of the Council do not represent a true and actualmdashof course it has been changed to fairmdashview of its finances that the Council may itself cause a special audit to be conducted It is existing there What you have added is the 3rd proviso Provided also that if such information that the accounts of the Council do not represent a true and actual view of its finances is sent to the Council by the Central Government the Council shall cause a special audit and furnish an action taken report on it to the Central Government

SHRI PREM CHAND GUPTA No Sir It is not shall it is may I would like to correct that the word is may (Interruptions) Sir Ramachandraiahji is my old friend we have been together in committees Interruptions) Sir I would like to make it correct that the word is may The word shall has been deleted

SHRI C RAMACHANDRAIAH Sir as far as my knowlede goes the world may will be treated as shall in legal aspects Sir already the Council has got the power to cause a special audit The second proviso is totally redundant What is the intention of the Government

MR DEPUTY CHAIRMAN That is the point on which I sought a clarification Interruptions)

SHRI C RAMACHANDRAIAH Sir this is what I am trying to say Interruptions)

SHRI SANTOSH BAGRODIA Sir when all the Members are saying that it should not be done why is it being done

MR DEPUTY CHAIRMAN It is for the Government to decide

SHRI C RAMACHANDRAIAH Sir what is happening is I stood for the elections I got defeated I thought I would write to the Company Affairs Minister that something was going wrong and he would send directions to the Council But where is the end to it (Interruptions)

343


SHRI MANOJ BHATTACHARYA Sir the very nomenclature is wrong (Interruptions)

SHRI N JOTHI (Tamil Nadu) Sir I may suggest one thing in this If the word may means shall we can say the Central Government for the reasons recorded in writing (Interruptions) that will be safer That can be done

SHRI MANOJ BHATTACHARYA Sir I would request the hon Minister through you that the clarification is extremely valid (Interruptions) and the very nomenclature has to be changed (Interruptions) It must be changed (Interruptions)

ी उपसभापित जी हा आपका कया ह

SHRI VIJAY J DARDA Sir the hon Minister has replied to each and every Members doubts except (Interruptions) He has singled me out Sir (Interruptions)

ी एस०एस० अहलवािलया सर यह हीट िवकट कया हो रहा ह सम साइड गोल कर ही ह यह तो िहट िवकट हो रहा ह

SHRI PRASANTA CHATTERJEE Sir this point (Interruptions) in the Standing Committee Why the Ministers is (Interruptions)

SHRI VIJAY J DARDA Sir I need your protection (Interruptions) I need your protection Sir (Interruptions)

MR DEPUTY CHAIRMAN Now I shall put the Motion regarding consideration of the Chartered Accountants (Amendment) Bill 2005 to vote The question is


The Motion was adopted

MR DEPUTY CHAIRMAN We shall now take up clause-by-clause consideration of the Bill In Clause 2 there is one Amendment by the Minister

CLAUSE 2


SHRI PREM CHAND GUPTA Sir I beg to move That at

page 1mdash

344

[13 December 2005] RAJYA SAB HA

(xi) in line 10 omit in sub-section (1)_

(xii) after line 10 insert () in sub-section (1)

Page 2 after line 12 insertmdash

(II) in sub-section (2) in the Explanation for the words training of articled clerks the words training of articled assistants shall be substituted



MR DEPUTY CHAIRMAN There is one Amendment (No 1) for insertion of new clause 2A by Shri C Ramachandraiah Are you moving the Amendment

SHRI C RAMACHANDRAIAH I am not moving Sir

MR DEPUTY CHAIRMAN Now we shall take up clauses 3 to 5 for consideration The question is

That clauses 3 to 5 stand part of the Bill


Clauses 3 to 5 were added to the Bill

MR DEPUTY CHAIRMAN Now we shall take up clause 6 for consideration There are two amendments (Nos 13 and 14) by Shri Ram Jethmalani Are you moving the Amendments

SHRI RAM JETHMALANI (Maharashtra) Sir I am not moving the Amendments

MR DEPUTY CHAIRMAN I shall now put clause 6 to vote The question is

That clause 6 stands part of the Bill

The Motion was adopted Clause

6 was added to the Bill

MR DEPUTY CHAIRMAN Now we shall take up clause 7 for consideration There is one amendment (No2) by Shri C Ramachandraiah Are you moving the Amendment

SHRI C RAMACHANDRAIAH This is only to request the Minister to make it clear that this will come into force after the commencement of

345


this Amendment Act He has stipulated a cap on tenure Those stipulations of capping of tenure will come into force after the passing of this Bill

MR DEPUTY CHAIRMAN The Amendment is prospective or retrospective

SHRI PREM CHAND GUPTA Sir it is prospective

SHRI C RAMACHANDRAIAH Sir I am not moving the Amendment






MR DEPUTY CHAIRMAN There is one Amendment (No3) for insertion of New Clause 10A by Shri C Ramachandraiah Are you moving the Amendment

SHRI C RAMACHANDRAIAH I am not moving

CLAUSE 11

Substitution of new section for section 15

MR DEPUTY CHAIRMAN We shall now take up clause 11 for consideration There is one Amendment (No4) by Shri C Ramachandraiah Are you moving the Amendment


MR DEPUTY CHAIRMAN There is one Amendment by the Minister

SHRI PREM CHAND GUPTA Sir I beg to move

That at page 5 in line 2 for clerks substitute assistants




346


CLAUSE 13


MR DEPUTY CHAIRMAN We shall now take up clause 13 for consideration There is one Amendment (No24) by the Minister


24 That at page 5 line 43 for the words Secretary of the Council the word Secretary be substituted



CLAUSE 14


MR DEPUTY CHAIRMAN We shall now take up clause 14 for consideration There are two Amendments (Nos5 and 6) by Shri C Ramachandraiah Are you moving the Amendments

SHRI C RAMACHANDRAIAH Sir again I make an appeal to the Minister He said while giving his reply to the debate that one-third co-option would be more democratic Sir the earlier practice was that two-thirds of the elected component used to be co-opted This was with the noble intention of utilising the services of so many experts My request is to kindly consider this If he does not want to consider it it is for him l am not moving the Amendments

MR DEPUTY CHAIRMAN Now I shall put clause 14 to vote The question is




CLAUSE 15


MR DEPUTY CHAIRMAN In Clause 15 there are eleven amendments Amendments (Nos 7 to 10) by Shri C Ramachandraiah Amendments (Nos 15-18) by Shri Ram Jethmalani and Amendments (Nos25 to 27) by the Minister Mr Ramachandraiah are you moving the Amendments

347


SHRI C RAMACHANDRAIAH Sir this is to give a direction by the Government to prepare a format in the manner prescribed Who has to prescribe it Sir Sir there are certain things which have to be clarified by the Government Who has to prescribe it Who has to formulate the format When the Institute is formulating the format for the entire country for all the industries and the accounting firms the Government has got the expertise to formulate the format This is unfair Sir

MR DEPUTY CHAIRMAN They can prescribe the regulation

SHRI RAM JETHMALANI Sir the word prescribed is det ned as prescribed by rules made by the Government That creates the problem Therefore either you drop the word prescribed or you say that in such form as the Council may decide (Interruptions)

SHRI PREM CHAND GUPTA Sir the word prescribed refers to regulations framed by the Council (Interruptions)

SHRI C RAMACHANDRAIAH Sir I am not moving the Amendments

MR DEPUTY CHAIRMAN Then Amendments (Nos 15 to 18) by Shri Ram Jethmalani

SHRI RAM JETHMALANI Sir I am not moving the amendments

MR DEPUTY CHAIRMAN Amendments (Nos25 to 27) by the Minister

SHRI PREM CHAND GUPTA Sir I move

25 That at page 7 line 2 for the word actual the word fair be substituted


27 That at page 7 line 6 for the words the Council may cause a special audit and shall furnish the words the Council may wherever appropriate cause a special audit or take such other action as it considers necessary and shall furn sh be substituted



Clauses 16 and 17 were added to the Bill

348


CLAUSE 18

Substitution of new Section for section 21

MR DEPUTY CHAIRMAN Now we shall take up clause 18 for consideration There are two Amendments Amendment (Nc19) by Shri Manoj Bhattacharya and Amendment (No28) by the Minister Shri Manoj Bhattacharya are you moving the amendment

SHRI MANOJ BHATTACHARYA Sir I am in a peculiar confusion (Interruptions) I have said that instead ofauthorities let it be a Jthority (Interruptions)What is the meaning of that (Interruptions)

SHRI PREM CHAND GUPTA We will discuss it

MR DEPUTY CHAIRMAN He will discuss it

SHRI MANOJ BHATTACHARYA Sir I am not moving

MR DEPUTY CHAIRMAN Now there is one Amendment (No28) by the Minister


28 That at page 8 line 11 for the word authorities the words Board or Committee be substituted



MR DEPUTY CHAIRMAN Now we shall take up clause 19 for consideration There are two Amendments (Nos11 and 12) by Shri Ramachandraiah Are you moving the Amendments



That clause 19 stands part of the Bill The motion was adopted

Clause 19 was added to the Bill Clauses 20t( 28 were added to the Bill

CLAUSE 29

substitution of new schedules for first schedule and Sec on J Schedule

349


MR DEPUTY CHAIRMAN We shall now take up clauslt 29 for consideration There are five Amendments Amendments (Nos20 to 23) by Shri Manoj Bhattacharya and Amendment (No29) by the Minister Shri Manoj Bhattacharya are you moving the Amendments

SHRI MANOJ BHATTACHARYA I am not moving Sir

MR DEPUTY CHAIRMAN Amendment (No29) by the Mi lister

SHRI PREM CHAND GUPTA Sir I beg to move 29 That at page 15 line

29 for the words as provided the words or anything as provided be

substituted



Clause 1 the Enacting Formula and the Title were added to the Bill


That the Bill as amended be passed


MR DEPUTY CHAIRMAN I shall now put the motion regarding consideration of the Cost and Works Accountants (Amendment) E II 2005 to vote The question is



MR DEPUTY CHAIRMAN We shall now take upclause-by -clause consideration of the Bill


CLAUSE 16


MR DEPUTY CHAIRMAN Now we shall take up clause 16 for consideration

There are three Amendments (Nos 1 to 3) by the Minister SHRI PREM CHAND

GUPTA Sir I beg to move



350


3 That at page 7 line 17 for the words the Council may ause a special audit and shall furnish the words the Council may wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish be sut stituted




CLAUSE 19


MR DEPUTY CHAIRMAN Now we shall take up clause 19 for consideration There is one Amendment (No4) by the Minister






CLAUSE 32

Substitution of new schedules for first schedule and Second Schedule

MR DEPUTY CHAIRMAN There is one amendment (N gt 5) by the Minister

SHRI PREM CAND GUPTA Sir I beg to move

5 That at page 15 line 42 for the words as provided the words or anything as provided be substituted

The question was put and the motion was adopted Clause 32

as amended was added to the Bill SHRI PREM CHAND

GUPTA Sir I move


motion was adopted MR DEPUTY CHAIRMAN Now I shall put the motion

realting to the Company Secretaries (Amendment) Bill 2005 to vote

351


Now the question is

That the Bill further to amend the Company Secretaries Act 1i 90 be taken into consideration


MR DEPUTY CHAIRMAN Now we shall take up Clause-by Clause consideration of the Bill


CLAUSE 16


MR DEPUTY CHAIRMAN There are three amendments Nos 1 2 and 3) by the Minister








CLAUSE 19


MR DEPUTY CHAIRMAN There is one amendment (No4) by the Minister


4 That at page 8 line 30 for the word authorities the word9 Board or Committee be substituted

m The question was put and the motion was adopted Clause 19 as amended was added to the Bill


352


CLAUSE 32

Substitution of new schedules for First Schedule and Second Schedule

MR DEPUTY CHAIRMAN There is one amendment (No 5) by the Minister





Clause 1 the Enacting Formula and the Title were a Ided to the Bill




MR DEPUTY CHAIRMAN I adjourn the House till 11 am tomorrow

The House then adjourned at thirty-nine minutes past six of the clock till eleven of the clock on Wednesday the 14th December 2005

353

Motion to Agree with recommendations contained in Fifth Report of the Committee on Ethics (pages 236-237)

Report of the Department Related Parliamentary Standing Committee on Human Resource DevelopmentmdashLaid on the Table (page 237)

Report of the Department Related Parliamentary Standing Committee on IndustrymdashLaid on the Table (page 238)

Report of the Joint Committee on Offices of ProfitmdashLaid on the Table (page 238)

Reports of the Department Related Parliamentary Standing Committee on Chemicals and Fertilizers mdash Laid on the Table (page 238)

Reports of the Department Related Parliamentary Standing Committee on Finance mdash Laid on the Table (pages 238-239)

Message from Lok Sabhamdash

The Disaster Management Bill 2005 mdash Reported (page 239)

Government Billsmdash

The Criminal Law (Amendment) Bill 2003 mdash Passed (page 239mdash265)

The Chartered Accountants (Amendment) Bill 2005mdashPassed

(pages 287mdash353)

The Cost and Works Accountants (Amendment) Bill 2005mdashPassed

(pages 287mdash353)

The Company Secretaries (Amendment) Bill 2005 mdashPassed (pages 287mdash353)

Matter raised with permission-Police misbehaviour against a Member of

Parliament at Bandra-Kurla police station in Mumbai (pages 265mdash272)

Special Mentionsmdash

Non-curtailment of flood relief to Karnataka (pages 272-273)

Demand for compensation to the victims of bomb blasts in the country (pages 273-274)

Demand to provide pure drinking water for controlling water borne diseases in the country (page 274)






(pages 278-279)




(page 280)




(page 282)


(pages 282-283)






RAJYA SABHA























__________






2








__________






3










4





5









6











7




PROF RBS VARMA






Statement







8








9








10












11














12








بنايۓ








13




Statement

(a) Yes Sir






14









15








16












17





Statement





18







19








20














21




Statement


Statement-I


(Rs in lakhs) 2002-03 2003-04 2004-05

SI No


Amount Sancd

Amount Released

No of Project Sancd

Amount Sancd

Amount Released

No of Project Sancd

Amount Sancd

Amount Released

1 2 3 4 5 6 7 8 9 10 11

1 Andhra Pradesh

2 50750 19500 6 94650 89644 16 282719 224068

2 Assam 9 76813 61885 3 31346 31306 8 98603 76622

3 Arunachal Pradesh

5 4130 3250 6 104460 70000 9 132550 92796

4 Bihar 8 50500 50500 6 101942 91389 7 190143 152771

5 Chattisgart 9 30800 9850 6 100500 36400 6 111794 89793

6 Goa 1 050 050 2 3676 3476 3 11000 3800

raquo7 Gujarat 2 19712 5913 8 92051 81582 2 13893 11114

8 Haryana 8 33225 31100 16 121538 87923 6 69355 51364

9 Himachal Pradesh

30 77932 76038 4 18232 8500 12 268000 216100

10 JampK 3 9438 8947 5 89500 89500 5 81925 69904

22


1 2 3 4 5 6 7 8 9 10 11

11 Jharkhand 0 0 0 2 1109 00 77460 2 94591 75672

12 Karnataka 6 90249 62549 14 93266 79251 12 246176 193737

13 Kerala 11 86136 82986 6 608 50 56415 10 228363 182033

14 Madhya

Pradesh 18 71118 57479 10 621 90 39451 11 159519 94221

15 Maharashtra 8 62346 54625 10 931 83 91458 10 162062 92530

16 Manipur 2 524 262 1 8244 2473 0 000 000

17 Meghalaya 3 7035 2120 2 4022 2492 2 96330 80791

18 Mizoram 6 14116 4846 5 56770 18675 6 108635 38238

19 Nagaland 5 36050 32343 4 71100 22080 7 225069 141340

20 Orissa 2 4750 1575 5 41955 138 50 8 132074 105938

21 Punjab 3 2300 1460 2 9600 1230 7 72468 58147

22 Rajasthan 13 1098 70 109620 14 164481 141425 13 251661 137507

23 Sikkim 13 34624 26976 8 115109 68149 8 66081 53133

24 Tamil Nadu 5 55900 31610 14 133982 850 53 7 130892 70583

25 Tripura 5 21613 6778 6 45017 13516 1 2000 1600

26 Uttaranchal 3 54800 41800 4 23044 20394 7 219998 175073

27 Uttar Pradesh

3 29500 295 00 7 111580 91626 9 104493 83119

28 West Bengal 5 20110 6000 10 71744 38434 10 51304 40743

29 Andaman amp

Nicobar 0 0 0 0 0 0 0 000 000

30 Chandigarh 3 775 663 2 1000 800 3 46700 373 60

31 Dadar and

Nagar H li

2 807 646 0 0 0 O 000 000

32 Delhi 14 50400 44902 17 331628 322213 8 62885 51100

33 Daman

amp Diu 3 4950 1690 1 26507 23856 0 000 000

34 Lakshadweep

0 0 0 0 0 0 0 000 000

35 Pondicherry 2 787 630 1 24517 7355 2 45100 36000

TOTAL 212 1112110

868093 207 2418584

1807376 217 3766383 2737197


23


Statement-ll






2 Assam 7 207720 164345


4 Bihar 0 000 000


6 Goa 0 000 000

7 Gujarat 3 125331 56264

8 Haryana 2 16645 13365


10 JampK 15 351537 280841


12 Karnataka 2 58252 46600

13 Kerala 4 261200 209100

14 Madhya Pradesh 8 150694 119554

15 Maharashtra 6 111491 88891

16 Manipur 0 000 000


18 Mizoram 6 146949 104729

19 Nagaland 7 133365 91692

20 Orissa 0 000 000

21 Punjab 0 000 000

22 Rajasthan 2 59358 48778

23 Sikkim 10 94284 68937

24 Tamil Nadu 11 312311 215928

25 Tripura 3 71626 56943

26 Uttaranchal 7 103977 83172

27 Uttar Pradesh 11 245600 184865

24


SI No 2005-06 (as on 8122005)



28 West Bengal 2 97500 78000




32 Delhi 0 000 000

33 Damand amp Diu 3 18270 14495



TOTAL 122 2763115 2069651








25









26





27








28










29











Pension commitments


30













31

















32



From To From To

1 Delhi 3799 4049 4049 4349

2 Kolkata 4089 4379 4379 4690

3 Mumbai 4323 4593 4593 4916

4 Chennai 4125 4426 4426 4749




(RSP)

duty amp

sales tax

taxes of RSP

Rs per litre

DELHI

1 Petrol 4349 1493 708 2201 2148 51

2 Diesel 3045 507 332 839 2206 28

KOLKATA

1 Petrol 4690 1497 900 2397 2293 51

2 Diesel 3287 508 456 964 2323 29

MUMBAI

1 Petrol 4916 1500 1192 2692 2224 55

2 Diesel 3757 509 1015 1524 2233 41

CHENNAI

1 Petrol 4749 1496 1076 2572 2177 54

2 Diesel 3372 507 664 1171 2201 35

(c) Yes Sir


33











Crores)






34













35



Statement






Percolation tank 25


275


Percolation tank 24


Percolation tank 22


Percolation tank 29



300


Percolation tank 30


Check dam 157


Check dam 175

10


275

36














37














38
















39











40







(d) Does not arise








(c) No Sir

41









Statement-I



No 1992-93 1993-94 1994-95 1995-96 1996-97 Total VIll

Plan

1 2 3 4 5 6 7 8

1 Andhra Pradesh 13484 11984 18291 19081 9940 72780


3 Assam 20799 20261 13789 6200 000 61049

4 Bihar 39968 135196 66612 10000 000 251776

5 Chhattisgarh 000 000 000 000 000 000

6 Goa 7904 9037 4266 1381 3900 26488

42


1 2 3 4 5 6 7 8

7 Gujarat 20019 20965 55868 55014 44438 196304

8 Haryana 54957 93438 108229 106000 124718 487342



11 Jharkhand 000 000 000 000 000 000

12 Karnataka 66278 53891 27903 68180 84559 300811

13 Kerala 102395 62973 72290 77446 46696 361800

14 Madhya Pradesh 38987 28916 16266 7000 6500 97669

15 Maharashtra 131513 70454 173162 144669 143992 663790

16 Manipur 305 4175 13533 10204 13069 41286

17 Meghalaya 000 000 3589 000 000 3589

18 Mizoram 000 000 000 000 000 000

19 Nagaland 000 1000 000 000 000 1000

20 Orissa 26494 38381 35112 36282 35399 171668

21 Punjab 000 000 000 000 000 000

22 Rajasthan 233282 295869 199002 292557 394817 1415527

23 Sikkim 000 000 000 000 000 000

24 Tamil Nadu 89306 73065 976 50 121294 208199 589514

25 Tripura 035 154 000 000 000 189

26 Uttar Pradesh 167114 196173 283926 220413 202260 1069886

27 Uttaranchal 000 000 000 000 000 000

28 West Bengal 11112 12150 10834 20657 11219 65972

TOTAL 1042217 1153546 1222087 1224539 1359331 6001720

43




SI State IX Plan

No 1997-98 1998-99 1999-2000 2000-01 2001-02 Total IX

Plan

1 2 3 4 5 6 7 8

1 Andhra Pradesh 383957 000 000 000 000 383957


3 Assam 12400 000 000 3345 3500 19245

4 Bihar 000 000 000 000 30000 30000

5 Chhattisgarh 000 000 000 000 4632 4632

6 Goa 2000 000 000 000 000 2000

7 Gujarat 9711 32419 65000 1867 000 108997

8 Haryana 111685 129463 84174 50302 232179 607803



11 Jharkhand 000 000 000 000 000 000

12 Karnataka 43787 66800 88537 186373 342384 727881

13 Kerala 20000 80604 78811 74562 50794 304771

14 Madhya Pradesh 625 24599 16720 12341 15 86 55871


17 Meghalaya 000 000 1840 000 000 1840

18 Mizoram 000 000 000 500 688 1188

19 Nagaland 000 643 1500 000 13316 15459

20 Orissa 23147 77440 36528 103592 50476 291183

21 Punjab 000 50000 335206 213349 000 598555

22 Rajasthan 222665 3834587 270000 159219 265466 1300837


TOTAL 1264824 1733443 1629508 1421531 1467268 7516574

44


Statement-Ill





1 2 3 4 5


















45










(c) No Sir

(d) Does not arise







46
















47














48


















49













50















51
















52












53
















54













(e) Does not arise






55


















56














57



58









(c) Yes Sir





59


















60








(b) Yes Sir


(d) NQ Sir









61












62



(b) No Sir

(c) Does not arise












63









future


64














65














66














67








Statement


2001-2002 2002-2003 2003-2004

2430

43

2804

51

2665

58

68



E-Governance mode










69














70















71


Money laundering













72



(c) No Sir









73



Security






(c) No Sir

(d) Does not arise







74












75







(e) Does not arise



SHRI HARISH RAWAT






76




2002-2003 30200000 17940000

2003-2004 30000000 28355000

2004-2005 30000000 16337684










77














78












79



(c) and (d) Yes Sir












80





SHRI HARISH RAWAT











81













82











SSI Finance Centres




83









SHRI KRIPAL PARMAR




84















85











86














87











Involved

(Rs in Crores)


if any

2002-03 88 4093 Nil

2003-04 249 11588 Nil

2004-05 280 13508 Nil

2005-06 54 1812 Nil

(Upto Oct 05)

88


Statement





1 2 3 4




4 Ms SampS 028

International


Imaging

6 Ms Max 006

Photocopier

7 Ms Venkatesn 016

Enterprises


Techologies Ltd




amp Rohit Impex



System (1) Ltd

14 Ms Rangrays 010


89


1 2 3 4

16 Ms Elegant

International

003





21 Ms Manchanda 007

International Corp








Corporation



Mumbai

042 010


of Rs 5 Lakhs

Furnished





90


1 2 3 4


Ahmedabad

006



Chennai

004






Bhagalpur

011


Bangalore

005


001



Chennai

011





81


1 2 3 4





Chennai

1122



Hyderabad

003 003










67 MampDM Ltd 511



70 KrunalCorpn 005



73 Ashish 7 Co 021

74 Manish Impex 050

92


1 2 3 4









83 Ace India 006














97 Ms D K Impex 048




93


1 2 3 4


102 Soni Impex 018

103 VK Impex 001







110 Ms ITI Ltd 0184 0184


112 Ms COM Data 002













Ms Prafic Holding


Trading

94


1 2 3 4







Enterprises

0414 005





Elegent Industries

0335 009





Bakti Prem

289









Enterprises

039 011



95


1 2 3 4























Cases)

069 005




174 Ms Sidharth 034

96


1 2 3 4

















97








2003-04 50000 44575

2004-05 100000 24801

200506 100000 16906








98










(c) Does not arise







99














100







(Rs in crore)










101













102













103














104












105








106











107













108












(b) Does not arise

109














110












111












112








1 2 3 4


2003-04

DEPB

DRAWBACK






113


1 2 3 4


suspension






issued









114














115












116













117












118













119




(b) Does not arise








Year Credit Flow

(Rs Crore)

2002-03 69560

2003-04 86981

2004-05 115242

120
















121



2003-04 (open for all) 416668




31102005)

50872







122











123


(Rs in crore)





(2000-05) 84924 66109

244879 168709

(b) Yes sir


Statement


SINo Purpose (Rs

Amount in crore)

1 2 3 4



28700


6800


5000



16100



60900

124


1 2 3 4


6400


10



11


20000

12



30000

13



14


15



42200

16


8000

17



56500



9300

19


185000


72500

21


39000


86500

TOTAL 900300


125


FDI inflows










(April-March)

1 Mauritius 5141

2 USA 3055

3 Netherlands 1217

4 Japan 575

5 UK 458

6 Germany 663

7 France 537

8 Singapore 822

9 South Korea 157

10 Switzerland 353


126












(c) Yes Sir


127










PSUs in Punjab



128














129













130


Statement



2003-04 2002-03 2q03-04 2002-03

1 2 3 4 5 6



3 Gail (India) Ltd 1194253 1133156 186934 163911





Corporation Ltd

1887123 1904755 526077 360757


Ltd


GRAND TOTAL 31356377 29431247 3071859 2569564






Petrochemicals Ltd

258040 172081 30374 17845


131


1 2 3 4 5 6



176443 148344 36759 27285






(Travancore) Ltd

93002 110901 -16722 -19993






18 HSCC (India) Ltd 2010 1724 1024 936



Organisation

10381 8839 4003 2193



456 328 28 4




25 MMTC Ltd 914178 625920 5062 2504

26 M S T C Ltd 330954 205881 1875 905


132


1 2 3 4 5 6

28 Mecon Ltd 27075 28310 -1072 -7083





145369 121423 44617 31220



35 Oil India Ltd 314503 289683 94970 91673

36 PEC Ltd 585362 385988 2436 1333




5303 4578 196 214


229896 202427 16779 -4807

41 Rites Ltd 26696 25438 4770 9503






4122 4122 84 84

GRAND TOTAL 9770559 7755368 1067692 847609

133












134


Statement


SI

No


MinistryDepartment

1 2 3







subsidiaries









Ltd

Deptt of Shipping








135


1 2 3




Petrochemicals


Petrochemicals











136









137







Employees under VRS







138














139













140





141





Strengthen OF PRIs





142





143










144











145











146










SHRI DATTA MEGHE






147









148










149





Demand for LPG







150



2002-03 8351

2003-04 9305

2004-05 10245



2002-03 8143

2003-04 9089

2004-05 9938



2005-06

2006-07

11123

11966





151








Statement






1958

173

(4)

152




(34)

4 Sales Tax 725

(17)


(2+3+4)

2391

(55)




RsLitre



components

2018


(6)


(17)

4 Sales Tax 339

(11)


(2+3+4)

1027

(34)



153





RsLtr


154



26197 000 0


4 Sales Tax 3275 (11)







4 Sales Tax 035 (4)


















155















156













157









158









159











160










161


(c)YesrSir


Statement


JOINT STATEMENT



162










technology areas

163









164







165













166





Delhi

Kolkata

Mumbai

Chennai

3175056

3597832

3256427

3466410

2427465

2540518

2388000

2362612



2002-03 2925163

2003-04 3201133

2004-05 3652379









167












Delhi 138



Maharashtra 115



168




Use of LPG in cars





Statement


ALDS







Kerala Trivandrum 1



169





Maharashtra Nasik 1

Rajasthan Jaipur 2




Kerala Ernakulam 1

TOTAL 119







170



New oil refineries











171

























173




Statement






Assam 258007

Bihar 647430

Chandigarh 13067

Chattisgarh 146938


Daman and Diu 2118

Delhi 168484

Goa 19212

Gujarat 743759

Haryana 145619



Jharkhand 211175

Karnataka 461478

Kerala 216308

174



Lakshadweep 795


Maharashtra 1276876

Manipur 19907

Meghalaya 20401

Mizoram 6217

Nagaland 13312

Orissa 314977

Pondicherry 12257

Punjab 237192

Rajasthan 398913

Sikkim 5582

Tamil Nadu 558929

Tripura 30832


Uttaranchal 89849

West Bengal 752103

TOTAL 9163712







175






Andhra Pradesh 4228


Gujarat 8949

Nagaland 012

Rajasthan 412

Tamil Nadu 2957

Tripura 2783








176
















177













178










179









180











181



Statement






Assam 258007

Bihar 647430

Chandigarh 13067

Chhattisgarh 146938


Daman and Diu 2118

Delhi 168484

Goa 19212

Gujarat 743759

Haryana 145619



Jharkhand 211175

Karnataka 461478

Kerala 216308

Lakshadweep 795


Maharashtra 1276876

Manipur 19907

182



Meghalaya 20401

Mizoram 6217

Nagaland 13312

Orissa 314977

Pondicherry 12257

Punjab 237192

Rajasthan 398913

Sikkim 5582

Tamil Nadu 558929

Tripura 30832


Uttaranchal 89849

West Bengal 752103

TOTAL 9163712









183













(c) No Sir


184









(c) Yes Sir



185










186




Pradesh



Pradesh

IOC HPC BPC IBP

3601 2021 1542 635

74 22 34 21

159 357

80 0

0 4 0 0

Total 7799 151 596 4

LNG Terminals











187












Oilgas discovery


RIL 662000 45299 34011 33 19


188




2D API LKM


Km


1671998

2391994

962

113

35

641

4

19

1 2

Premier Oil

3061998 351 0 1 0


1921999 157 0 1 0


30102000 742004

2108 2227

530 278

0 0 0

fl

1242000 422003

201 0 171 50

3 0

mdash



Provision of PNG





189





(b) Yes Sir






190














(c) Yes Sir


191















192



(c) Does not arise



2002-03 30800 24959

2003-04 100500 38940

2004-05 111794 88485







193















194














195








(Rs in lakh)





196


1

2



















197



(7) Onam Festival











198






scheme

100000














199



(Rs in lakhs) SI No


Amount Released

2004-05


50000 40000





2000 1600






2005-06

1500 1500








200










(6) Hampi festival










201







Statement


1 Andhra Pradesh 74138729 89440272


3 Assam 2156675 2288093

4 Bihar 6044710 8097456

5 Goa 1725140 2085729

6 Gujarat 7640479 7748371

7 Haryana 5903196 5399099



10 Karnataka 11175292 27194178

11 Kerala 5871228 5972182

12 Madhya Pradesh 5968719 8619486

13 Maharashtra 11272906 13392212

14 Manipur 92923 93476

15 Meghalaya 371953 433495

16 Mizoram 35129 38598

202



17 Nagaland 5605 10056

18 Orissa 3701245 4125536

19 Punjab 1150015 361568

20 Rajasthan 12545135 16033896

21 Sikkim 179661 230719

22 Tamil Nadu 40213060 42279838

23 Tripura 257331 260907

24 Uttaranchal 10835241 11720570

25 Uttar Pradesh 80020000 88360000

26 Chattisgarh 1256407 1897200

27 Jharkhand 398342 461486

28 West Bengal 11300763 12380389


30 Chandigarh 567259 599448

31 Daman amp Diu 447825 399800

32 Delhi 1430546 1866552



35 Pondicherry 500111 558445

TOTAL 309038335 366221248

provisional





203





(b) Yes Sir












204










205











206











Himalayan Component




4



207










208








Himalayan Component

1 Brahmputra 42825


1 Mahanadi 12220

2 Godavari 15020





(d) Does not arise









209












210



Statement




Crore)


3 Assam 4228 40226

4 Bihar 253194 798757


6 Goa 2313 49957

7 Gujarat 1045 1954600

8 Haryana 13892 160785



11 Jharkhand 74202 492927

12 Karnataka 24779 1433657

13 Kerala 21422 182162


15 Maharashtra 184673 1717493

16 Manipur 9318 85705



20 Orissa 62737 427352

21 Punjab 110297 442132

22 Rajasthan 100001 543974

23 Sikkim 990 2807

24 Tamil Nadu 2355 54664

25 Tripura 8617 97142



28 West Bengal 10835 73003

211










Statement









Major Medium

River Basin

District Benefitted

Date of Receipt

Benefits (Thousand

hectare)




22001 13000 647 A





694 13000 19544 A


Major Sutlej Beas


1105 26549 10856 A



Major

Medium

Medium


0994

52001

22000

8330 60125 B

137543 A

4902 B






213





214


1200 NOON















215











216














217














218






314605]








219

















220











221









222










223










224











225










226












227
















228


















229






306205]












230


















231


















232


















233















234







_______



_________







235














236









_________




237




_________



________





_________




238







_________

GOVERNMENT BILLS





239



240








241





242






243





244



245










246





247






248








249

8


















250
















-گا







251




















252

















254








255





lPC



256














257














258








question is



consideration




Minister

CLAUSE 2










259











CLAUSE 3








CLAUSE 4









260


CLAUSE 5









CLAUSE 7












261




CLAUSE 8











amendment



amendment





CLAUSE 11






262



CLAUSE 12








NEW CLAUSE 12A








CLAUSE 13






263


1 2 3 4 5 6












CLAUSE 1







ENACTING FORMULA



264






motion was adopted

________




265











266












कहग


267




















268











ليا




269









مداخلت





مداخلت



مداخلت



270





Government











271




_________






272





Special Mention





273













274









275











276








277








278





Andhra Pradesh





279











280







281










282








283













284








285















286






and










287







288

35









289









290




291





292






293






294







295








296











297







SHRI RP GOENKA Yes







298






299







300







301









302



303


































304



305





306





307





308





309




310




311







312




313








314







315




316




317










318


500 PM






319







320






321









322









323





324










325




326



327







328







329









330



331









332








333











334












335








600 PM



336








337









338








339






340








341















342











343














CLAUSE 2



page 1mdash

344




after line 12 insertmdash


















345













CLAUSE 11










346


CLAUSE 13







CLAUSE 14








CLAUSE 15



347

















348


CLAUSE 18

















CLAUSE 29


349







substituted












CLAUSE 16







350






CLAUSE 19








CLAUSE 32







GUPTA Sir I move




351


Now the question is





CLAUSE 16










CLAUSE 19







352


CLAUSE 32













353






(pages 278-279)




(page 280)




(page 282)


(pages 282-283)






RAJYA SABHA























__________






2








__________






3










4





5









6











7




PROF RBS VARMA






Statement







8








9








10












11














12








بنايۓ








13




Statement

(a) Yes Sir






14









15








16












17





Statement





18







19








20














21




Statement


Statement-I


(Rs in lakhs) 2002-03 2003-04 2004-05

SI No


Amount Sancd

Amount Released

No of Project Sancd

Amount Sancd

Amount Released

No of Project Sancd

Amount Sancd

Amount Released

1 2 3 4 5 6 7 8 9 10 11

1 Andhra Pradesh

2 50750 19500 6 94650 89644 16 282719 224068

2 Assam 9 76813 61885 3 31346 31306 8 98603 76622

3 Arunachal Pradesh

5 4130 3250 6 104460 70000 9 132550 92796

4 Bihar 8 50500 50500 6 101942 91389 7 190143 152771

5 Chattisgart 9 30800 9850 6 100500 36400 6 111794 89793

6 Goa 1 050 050 2 3676 3476 3 11000 3800

raquo7 Gujarat 2 19712 5913 8 92051 81582 2 13893 11114

8 Haryana 8 33225 31100 16 121538 87923 6 69355 51364

9 Himachal Pradesh

30 77932 76038 4 18232 8500 12 268000 216100

10 JampK 3 9438 8947 5 89500 89500 5 81925 69904

22


1 2 3 4 5 6 7 8 9 10 11

11 Jharkhand 0 0 0 2 1109 00 77460 2 94591 75672

12 Karnataka 6 90249 62549 14 93266 79251 12 246176 193737

13 Kerala 11 86136 82986 6 608 50 56415 10 228363 182033

14 Madhya

Pradesh 18 71118 57479 10 621 90 39451 11 159519 94221

15 Maharashtra 8 62346 54625 10 931 83 91458 10 162062 92530

16 Manipur 2 524 262 1 8244 2473 0 000 000

17 Meghalaya 3 7035 2120 2 4022 2492 2 96330 80791

18 Mizoram 6 14116 4846 5 56770 18675 6 108635 38238

19 Nagaland 5 36050 32343 4 71100 22080 7 225069 141340

20 Orissa 2 4750 1575 5 41955 138 50 8 132074 105938

21 Punjab 3 2300 1460 2 9600 1230 7 72468 58147

22 Rajasthan 13 1098 70 109620 14 164481 141425 13 251661 137507

23 Sikkim 13 34624 26976 8 115109 68149 8 66081 53133

24 Tamil Nadu 5 55900 31610 14 133982 850 53 7 130892 70583

25 Tripura 5 21613 6778 6 45017 13516 1 2000 1600

26 Uttaranchal 3 54800 41800 4 23044 20394 7 219998 175073

27 Uttar Pradesh

3 29500 295 00 7 111580 91626 9 104493 83119

28 West Bengal 5 20110 6000 10 71744 38434 10 51304 40743

29 Andaman amp

Nicobar 0 0 0 0 0 0 0 000 000

30 Chandigarh 3 775 663 2 1000 800 3 46700 373 60

31 Dadar and

Nagar H li

2 807 646 0 0 0 O 000 000

32 Delhi 14 50400 44902 17 331628 322213 8 62885 51100

33 Daman

amp Diu 3 4950 1690 1 26507 23856 0 000 000

34 Lakshadweep

0 0 0 0 0 0 0 000 000

35 Pondicherry 2 787 630 1 24517 7355 2 45100 36000

TOTAL 212 1112110

868093 207 2418584

1807376 217 3766383 2737197


23


Statement-ll






2 Assam 7 207720 164345


4 Bihar 0 000 000


6 Goa 0 000 000

7 Gujarat 3 125331 56264

8 Haryana 2 16645 13365


10 JampK 15 351537 280841


12 Karnataka 2 58252 46600

13 Kerala 4 261200 209100

14 Madhya Pradesh 8 150694 119554

15 Maharashtra 6 111491 88891

16 Manipur 0 000 000


18 Mizoram 6 146949 104729

19 Nagaland 7 133365 91692

20 Orissa 0 000 000

21 Punjab 0 000 000

22 Rajasthan 2 59358 48778

23 Sikkim 10 94284 68937

24 Tamil Nadu 11 312311 215928

25 Tripura 3 71626 56943

26 Uttaranchal 7 103977 83172

27 Uttar Pradesh 11 245600 184865

24


SI No 2005-06 (as on 8122005)



28 West Bengal 2 97500 78000




32 Delhi 0 000 000

33 Damand amp Diu 3 18270 14495



TOTAL 122 2763115 2069651








25









26





27








28










29











Pension commitments


30













31

















32



From To From To

1 Delhi 3799 4049 4049 4349

2 Kolkata 4089 4379 4379 4690

3 Mumbai 4323 4593 4593 4916

4 Chennai 4125 4426 4426 4749




(RSP)

duty amp

sales tax

taxes of RSP

Rs per litre

DELHI

1 Petrol 4349 1493 708 2201 2148 51

2 Diesel 3045 507 332 839 2206 28

KOLKATA

1 Petrol 4690 1497 900 2397 2293 51

2 Diesel 3287 508 456 964 2323 29

MUMBAI

1 Petrol 4916 1500 1192 2692 2224 55

2 Diesel 3757 509 1015 1524 2233 41

CHENNAI

1 Petrol 4749 1496 1076 2572 2177 54

2 Diesel 3372 507 664 1171 2201 35

(c) Yes Sir


33











Crores)






34













35



Statement






Percolation tank 25


275


Percolation tank 24


Percolation tank 22


Percolation tank 29



300


Percolation tank 30


Check dam 157


Check dam 175

10


275

36














37














38
















39











40







(d) Does not arise








(c) No Sir

41









Statement-I



No 1992-93 1993-94 1994-95 1995-96 1996-97 Total VIll

Plan

1 2 3 4 5 6 7 8

1 Andhra Pradesh 13484 11984 18291 19081 9940 72780


3 Assam 20799 20261 13789 6200 000 61049

4 Bihar 39968 135196 66612 10000 000 251776

5 Chhattisgarh 000 000 000 000 000 000

6 Goa 7904 9037 4266 1381 3900 26488

42


1 2 3 4 5 6 7 8

7 Gujarat 20019 20965 55868 55014 44438 196304

8 Haryana 54957 93438 108229 106000 124718 487342



11 Jharkhand 000 000 000 000 000 000

12 Karnataka 66278 53891 27903 68180 84559 300811

13 Kerala 102395 62973 72290 77446 46696 361800

14 Madhya Pradesh 38987 28916 16266 7000 6500 97669

15 Maharashtra 131513 70454 173162 144669 143992 663790

16 Manipur 305 4175 13533 10204 13069 41286

17 Meghalaya 000 000 3589 000 000 3589

18 Mizoram 000 000 000 000 000 000

19 Nagaland 000 1000 000 000 000 1000

20 Orissa 26494 38381 35112 36282 35399 171668

21 Punjab 000 000 000 000 000 000

22 Rajasthan 233282 295869 199002 292557 394817 1415527

23 Sikkim 000 000 000 000 000 000

24 Tamil Nadu 89306 73065 976 50 121294 208199 589514

25 Tripura 035 154 000 000 000 189

26 Uttar Pradesh 167114 196173 283926 220413 202260 1069886

27 Uttaranchal 000 000 000 000 000 000

28 West Bengal 11112 12150 10834 20657 11219 65972

TOTAL 1042217 1153546 1222087 1224539 1359331 6001720

43




SI State IX Plan

No 1997-98 1998-99 1999-2000 2000-01 2001-02 Total IX

Plan

1 2 3 4 5 6 7 8

1 Andhra Pradesh 383957 000 000 000 000 383957


3 Assam 12400 000 000 3345 3500 19245

4 Bihar 000 000 000 000 30000 30000

5 Chhattisgarh 000 000 000 000 4632 4632

6 Goa 2000 000 000 000 000 2000

7 Gujarat 9711 32419 65000 1867 000 108997

8 Haryana 111685 129463 84174 50302 232179 607803



11 Jharkhand 000 000 000 000 000 000

12 Karnataka 43787 66800 88537 186373 342384 727881

13 Kerala 20000 80604 78811 74562 50794 304771

14 Madhya Pradesh 625 24599 16720 12341 15 86 55871


17 Meghalaya 000 000 1840 000 000 1840

18 Mizoram 000 000 000 500 688 1188

19 Nagaland 000 643 1500 000 13316 15459

20 Orissa 23147 77440 36528 103592 50476 291183

21 Punjab 000 50000 335206 213349 000 598555

22 Rajasthan 222665 3834587 270000 159219 265466 1300837


TOTAL 1264824 1733443 1629508 1421531 1467268 7516574

44


Statement-Ill





1 2 3 4 5


















45










(c) No Sir

(d) Does not arise







46
















47














48


















49













50















51
















52












53
















54













(e) Does not arise






55


















56














57



58









(c) Yes Sir





59


















60








(b) Yes Sir


(d) NQ Sir









61












62



(b) No Sir

(c) Does not arise












63









future


64














65














66














67








Statement


2001-2002 2002-2003 2003-2004

2430

43

2804

51

2665

58

68



E-Governance mode










69














70















71


Money laundering













72



(c) No Sir









73



Security






(c) No Sir

(d) Does not arise







74












75







(e) Does not arise



SHRI HARISH RAWAT






76




2002-2003 30200000 17940000

2003-2004 30000000 28355000

2004-2005 30000000 16337684










77














78












79



(c) and (d) Yes Sir












80





SHRI HARISH RAWAT











81













82











SSI Finance Centres




83









SHRI KRIPAL PARMAR




84















85











86














87











Involved

(Rs in Crores)


if any

2002-03 88 4093 Nil

2003-04 249 11588 Nil

2004-05 280 13508 Nil

2005-06 54 1812 Nil

(Upto Oct 05)

88


Statement





1 2 3 4




4 Ms SampS 028

International


Imaging

6 Ms Max 006

Photocopier

7 Ms Venkatesn 016

Enterprises


Techologies Ltd




amp Rohit Impex



System (1) Ltd

14 Ms Rangrays 010


89


1 2 3 4

16 Ms Elegant

International

003





21 Ms Manchanda 007

International Corp








Corporation



Mumbai

042 010


of Rs 5 Lakhs

Furnished





90


1 2 3 4


Ahmedabad

006



Chennai

004






Bhagalpur

011


Bangalore

005


001



Chennai

011





81


1 2 3 4





Chennai

1122



Hyderabad

003 003










67 MampDM Ltd 511



70 KrunalCorpn 005



73 Ashish 7 Co 021

74 Manish Impex 050

92


1 2 3 4









83 Ace India 006














97 Ms D K Impex 048




93


1 2 3 4


102 Soni Impex 018

103 VK Impex 001







110 Ms ITI Ltd 0184 0184


112 Ms COM Data 002













Ms Prafic Holding


Trading

94


1 2 3 4







Enterprises

0414 005





Elegent Industries

0335 009





Bakti Prem

289









Enterprises

039 011



95


1 2 3 4























Cases)

069 005




174 Ms Sidharth 034

96


1 2 3 4

















97








2003-04 50000 44575

2004-05 100000 24801

200506 100000 16906








98










(c) Does not arise







99














100







(Rs in crore)










101













102













103














104












105








106











107













108












(b) Does not arise

109














110












111












112








1 2 3 4


2003-04

DEPB

DRAWBACK






113


1 2 3 4


suspension






issued









114














115












116













117












118













119




(b) Does not arise








Year Credit Flow

(Rs Crore)

2002-03 69560

2003-04 86981

2004-05 115242

120
















121



2003-04 (open for all) 416668




31102005)

50872







122











123


(Rs in crore)





(2000-05) 84924 66109

244879 168709

(b) Yes sir


Statement


SINo Purpose (Rs

Amount in crore)

1 2 3 4



28700


6800


5000



16100



60900

124


1 2 3 4


6400


10



11


20000

12



30000

13



14


15



42200

16


8000

17



56500



9300

19


185000


72500

21


39000


86500

TOTAL 900300


125


FDI inflows










(April-March)

1 Mauritius 5141

2 USA 3055

3 Netherlands 1217

4 Japan 575

5 UK 458

6 Germany 663

7 France 537

8 Singapore 822

9 South Korea 157

10 Switzerland 353


126












(c) Yes Sir


127










PSUs in Punjab



128














129













130


Statement



2003-04 2002-03 2q03-04 2002-03

1 2 3 4 5 6



3 Gail (India) Ltd 1194253 1133156 186934 163911





Corporation Ltd

1887123 1904755 526077 360757


Ltd


GRAND TOTAL 31356377 29431247 3071859 2569564






Petrochemicals Ltd

258040 172081 30374 17845


131


1 2 3 4 5 6



176443 148344 36759 27285






(Travancore) Ltd

93002 110901 -16722 -19993






18 HSCC (India) Ltd 2010 1724 1024 936



Organisation

10381 8839 4003 2193



456 328 28 4




25 MMTC Ltd 914178 625920 5062 2504

26 M S T C Ltd 330954 205881 1875 905


132


1 2 3 4 5 6

28 Mecon Ltd 27075 28310 -1072 -7083





145369 121423 44617 31220



35 Oil India Ltd 314503 289683 94970 91673

36 PEC Ltd 585362 385988 2436 1333




5303 4578 196 214


229896 202427 16779 -4807

41 Rites Ltd 26696 25438 4770 9503






4122 4122 84 84

GRAND TOTAL 9770559 7755368 1067692 847609

133












134


Statement


SI

No


MinistryDepartment

1 2 3







subsidiaries









Ltd

Deptt of Shipping








135


1 2 3




Petrochemicals


Petrochemicals











136









137







Employees under VRS







138














139













140





141





Strengthen OF PRIs





142





143










144











145











146










SHRI DATTA MEGHE






147









148










149





Demand for LPG







150



2002-03 8351

2003-04 9305

2004-05 10245



2002-03 8143

2003-04 9089

2004-05 9938



2005-06

2006-07

11123

11966





151








Statement






1958

173

(4)

152




(34)

4 Sales Tax 725

(17)


(2+3+4)

2391

(55)




RsLitre



components

2018


(6)


(17)

4 Sales Tax 339

(11)


(2+3+4)

1027

(34)



153





RsLtr


154



26197 000 0


4 Sales Tax 3275 (11)







4 Sales Tax 035 (4)


















155















156













157









158









159











160










161


(c)YesrSir


Statement


JOINT STATEMENT



162










technology areas

163









164







165













166





Delhi

Kolkata

Mumbai

Chennai

3175056

3597832

3256427

3466410

2427465

2540518

2388000

2362612



2002-03 2925163

2003-04 3201133

2004-05 3652379









167












Delhi 138



Maharashtra 115



168




Use of LPG in cars





Statement


ALDS







Kerala Trivandrum 1



169





Maharashtra Nasik 1

Rajasthan Jaipur 2




Kerala Ernakulam 1

TOTAL 119







170



New oil refineries











171

























173




Statement






Assam 258007

Bihar 647430

Chandigarh 13067

Chattisgarh 146938


Daman and Diu 2118

Delhi 168484

Goa 19212

Gujarat 743759

Haryana 145619



Jharkhand 211175

Karnataka 461478

Kerala 216308

174



Lakshadweep 795


Maharashtra 1276876

Manipur 19907

Meghalaya 20401

Mizoram 6217

Nagaland 13312

Orissa 314977

Pondicherry 12257

Punjab 237192

Rajasthan 398913

Sikkim 5582

Tamil Nadu 558929

Tripura 30832


Uttaranchal 89849

West Bengal 752103

TOTAL 9163712







175






Andhra Pradesh 4228


Gujarat 8949

Nagaland 012

Rajasthan 412

Tamil Nadu 2957

Tripura 2783








176
















177













178










179









180











181



Statement






Assam 258007

Bihar 647430

Chandigarh 13067

Chhattisgarh 146938


Daman and Diu 2118

Delhi 168484

Goa 19212

Gujarat 743759

Haryana 145619



Jharkhand 211175

Karnataka 461478

Kerala 216308

Lakshadweep 795


Maharashtra 1276876

Manipur 19907

182



Meghalaya 20401

Mizoram 6217

Nagaland 13312

Orissa 314977

Pondicherry 12257

Punjab 237192

Rajasthan 398913

Sikkim 5582

Tamil Nadu 558929

Tripura 30832


Uttaranchal 89849

West Bengal 752103

TOTAL 9163712









183













(c) No Sir


184









(c) Yes Sir



185










186




Pradesh



Pradesh

IOC HPC BPC IBP

3601 2021 1542 635

74 22 34 21

159 357

80 0

0 4 0 0

Total 7799 151 596 4

LNG Terminals











187












Oilgas discovery


RIL 662000 45299 34011 33 19


188




2D API LKM


Km


1671998

2391994

962

113

35

641

4

19

1 2

Premier Oil

3061998 351 0 1 0


1921999 157 0 1 0


30102000 742004

2108 2227

530 278

0 0 0

fl

1242000 422003

201 0 171 50

3 0

mdash



Provision of PNG





189





(b) Yes Sir






190














(c) Yes Sir


191















192



(c) Does not arise



2002-03 30800 24959

2003-04 100500 38940

2004-05 111794 88485







193















194














195








(Rs in lakh)





196


1

2



















197



(7) Onam Festival











198






scheme

100000














199



(Rs in lakhs) SI No


Amount Released

2004-05


50000 40000





2000 1600






2005-06

1500 1500








200










(6) Hampi festival










201







Statement


1 Andhra Pradesh 74138729 89440272


3 Assam 2156675 2288093

4 Bihar 6044710 8097456

5 Goa 1725140 2085729

6 Gujarat 7640479 7748371

7 Haryana 5903196 5399099



10 Karnataka 11175292 27194178

11 Kerala 5871228 5972182

12 Madhya Pradesh 5968719 8619486

13 Maharashtra 11272906 13392212

14 Manipur 92923 93476

15 Meghalaya 371953 433495

16 Mizoram 35129 38598

202



17 Nagaland 5605 10056

18 Orissa 3701245 4125536

19 Punjab 1150015 361568

20 Rajasthan 12545135 16033896

21 Sikkim 179661 230719

22 Tamil Nadu 40213060 42279838

23 Tripura 257331 260907

24 Uttaranchal 10835241 11720570

25 Uttar Pradesh 80020000 88360000

26 Chattisgarh 1256407 1897200

27 Jharkhand 398342 461486

28 West Bengal 11300763 12380389


30 Chandigarh 567259 599448

31 Daman amp Diu 447825 399800

32 Delhi 1430546 1866552



35 Pondicherry 500111 558445

TOTAL 309038335 366221248

provisional





203





(b) Yes Sir












204










205











206











Himalayan Component




4



207










208








Himalayan Component

1 Brahmputra 42825


1 Mahanadi 12220

2 Godavari 15020





(d) Does not arise









209












210



Statement




Crore)


3 Assam 4228 40226

4 Bihar 253194 798757


6 Goa 2313 49957

7 Gujarat 1045 1954600

8 Haryana 13892 160785



11 Jharkhand 74202 492927

12 Karnataka 24779 1433657

13 Kerala 21422 182162


15 Maharashtra 184673 1717493

16 Manipur 9318 85705



20 Orissa 62737 427352

21 Punjab 110297 442132

22 Rajasthan 100001 543974

23 Sikkim 990 2807

24 Tamil Nadu 2355 54664

25 Tripura 8617 97142



28 West Bengal 10835 73003

211










Statement









Major Medium

River Basin

District Benefitted

Date of Receipt

Benefits (Thousand

hectare)




22001 13000 647 A





694 13000 19544 A


Major Sutlej Beas


1105 26549 10856 A



Major

Medium

Medium


0994

52001

22000

8330 60125 B

137543 A

4902 B






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214


1200 NOON















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314605]








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306205]












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_______



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________





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_________

GOVERNMENT BILLS





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8


















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-گا







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lPC



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question is



consideration




Minister

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amendment



amendment





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NEW CLAUSE 12A








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1 2 3 4 5 6












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ENACTING FORMULA



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motion was adopted

________




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कहग


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ليا




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مداخلت





مداخلت



مداخلت



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Government











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_________






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Special Mention





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Andhra Pradesh





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and










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SHRI RP GOENKA Yes







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500 PM






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600 PM



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page 1mdash

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substituted












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350






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GUPTA Sir I move




351


Now the question is





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352


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353