RAJYA SABHA —— REVISED LIST OF BUSINESS

Friday, August 12, 2016

11 A.M. ———— PAPERS TO BE LAID ON THE TABLE I. Following Ministers to lay papers on the Table entered in the separate list: — 1. SHRI for Ministry of Finance; 2. SHRI RAMVILAS PASWAN for Ministry of Consumer Affairs, Food and Public Distribution; 3. SHRI SHRIPAD YESSO NAIK for Ministry of AYUSH; 4. SHRI for Ministry of Communications; 5. SHRI SANTOSH KUMAR GANGWAR for Ministry of Finance; 6. SHRI for Ministry of Rural Development; 7. SHRI for Ministry of Railways; 8. SHRI for Ministry of Agriculture and Farmers Welfare; 9. SHRI SUDARSHAN BHAGAT for Ministry of Agriculture and Farmers Welfare; 10. SHRI for ; 11. SHRI MANSUKH L. MANDAVIYA for Ministry of Chemicals and Fertilizers and Ministry of Shipping; 12. SHRI C.R. CHAUDHARY for Ministry of Consumer Affairs, Food and Public Distribution; and 13. DR. SUBHASH RAMRAO BHAMRE for Ministry of Defence.

II. SHRI to lay on the Table under clause (1) of article 151 of the Constitution, a copy each (in English and Hindi) of the following Reports:—

(i) Report No. 22 of 2016 of the Comptroller and Auditor General of India for the year ended March 2016 on Voluntary Compliance Encouragement Scheme, 2013 - Union Government, Department of Revenue, Indirect Taxes - Service Tax;

(ii) Report No. 23 of 2016 (Performance Audit) of the Comptroller and Auditor General of India on Performance Audit of Pradhan Mantri Gram Sadak Yojana - Union Government (Civil), Ministry of Rural Development;

(iii) Report No. 24 of 2016 of the Comptroller and Auditor General of India for the year ended March 2015 - Union Government (Civil), Union Territories without Legislatures, Compliance Audit Observations;

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(iv) Report No. 25 of 2016 (Compliance Audit) of the Comptroller and Auditor General of India on Implementation of PAHAL (DBTL) Scheme (Pratyaksh Hanstantrit Labh Yojana) for the year ended 31 March, 2016- Union Government (Commercial), Ministry of Petroleum and Natural Gas;

(v) Report No. 26 of 2016 (Compliance Audit) of the Comptroller and Auditor General of India on Administrative Functioning of Autonomous Bodies under Department of Science and Technology - Union Government (Department of Science and Technology); and

(vi) Report No. 27 of 2016 of the Comptroller and Auditor General of India on Compliance of Fiscal Responsibility and Budget Management Act, 2003 for the year 2014-15 - Union Government (Civil), Department of Economic Affairs (Ministry of Finance). ———— REPORT OF THE SELECT COMMITTEE OF THE RAJYA SABHA ON THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2013

SHRI BHUPENDER YADAV SHRI NARESH AGRAWAL SHRI SWAPAN DASGUPTA to present the Report (in English and Hindi) of the Select Committee of the Rajya Sabha on the Prevention of Corruption (Amendment) Bill, 2013.

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EVIDENCE TENDERED BEFORE THE SELECT COMMITTEE OF THE RAJYA SABHA ON THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2013

SHRI BHUPENDER YADAV SHRI NARESH AGARWAL SHRI SWAPAN DASGUPTA to lay on the Table, a copy of Evidence tendered before the Select Committee of Rajya Sabha on the Prevention of Corruption (Amendment) Bill, 2013. ———— REPORT OF THE DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON HOME AFFAIRS

SHRI P. BHATTACHARYA SHRI D. RAJA DR. V. MAITREYAN to present the One Hundred and Ninety Eighth Report (in English and Hindi) of Department-related Parliamentary Standing Committee on Home Affairs on Disaster in Chennai Caused by Torrential Rainfall and Consequent Flooding. ———— REPORT OF THE DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON URBAN DEVELOPMENT

SHRIMATI VANDANA CHAVAN SHRI PARVEZ HASHMI to lay on the Table, a copy (in English and Hindi) of the Twelfth Report of the Department-related Parliamentary Standing Committee on Urban Development (2015-2016) on the subject 'Modernisation of the Directorate of Printing, Government of India Stationery Office and Department of Publication' pertaining to the Ministry of Urban Development. ————

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STATEMENTS OF THE DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON INFORMATION TECHNOLOGY

SHRI MEGHRAJ JAIN MAHANT SHAMBHUPRASADJI TUNDIYA to lay on the Table, a copy each (in English and Hindi) of the following Statements of the Department-related Parliamentary Standing Committee on Information Technology (2015-16):—

(i) Action Taken by the Government on the recommendations contained in Chapter-I and final replies to the recommendations contained in Chapter-V of the Thirteenth Action Taken Report (Sixteenth ) on the recommendations of the Committee contained in Fifty-third Report (Fifteenth Lok Sabha) on the subject ‘Norms for setting up of telecom towers, its harmful effects and setting up of security standards in expansion of telecom facilities’ pertaining to the Ministry of Communications and Information Technology (Department of Telecommunications); (ii) Action Taken by the Government on the recommendations contained in Chapter-I and final replies to the recommendations contained in Chapter-V of the Fifteenth Action Taken Report (Sixteenth Lok Sabha) on the recommendations of the Committee contained in Third Report (Sixteenth Lok Sabha) on ‘Demands for Grants (2014-15)’ of the Ministry of Communications and Information Technology (Department of Telecommunications); (iii) Action Taken by the Government on the recommendations contained in Chapter-I and final replies to the recommendations contained in Chapter-V of the Fourteenth Action Taken Report (Sixteenth Lok Sabha) on the recommendations of the Committee contained in First Report (Sixteenth Lok Sabha) on ‘Demands for Grants (2014-15)’ of the Ministry of Communications and Information Technology (Department of Posts); (iv) Action Taken by the Government on the recommendations contained in Chapter-I and final replies to the recommendations contained in Chapter-V of the Twentieth Action Taken Report (Sixteenth Lok Sabha) on the recommendations of the Committee contained in Fifth Report (Sixteenth Lok Sabha) on ‘Demands for Grants (2015-16)’ of the Ministry of Communications and Information Technology (Department of Posts); (v) Action Taken by the Government on the recommendations contained in Chapter-I and final replies to the recommendations contained in Chapter-V of the Twelfth Action Taken Report (Sixteenth Lok Sabha) on the recommendations of the Committee contained in Forty-seventh Report (Fifteenth Lok Sabha) on the subject ‘Issues related to Paid News’ pertaining to the Ministry of Information and Broadcasting; (vi) Action Taken by the Government on the recommendations contained in Chapter-I and final replies to the recommendations contained in Chapter-V of the Sixteenth Action Taken Report (Sixteenth Lok Sabha) on the recommendations of the Committee contained in Fourth Report (Sixteenth Lok Sabha) on ‘Demands for Grants (2014-15)’ of the Ministry of Information and Broadcasting; and (vii) Action Taken by the Government on the recommendations contained in Chapter-I and final replies to the recommendations contained in Chapter-V of the Nineteenth Action Taken Report (Sixteenth Lok Sabha) on the recommendations of the Committee

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contained in Eighth Report (Sixteenth Lok Sabha) on ‘Demands for Grants (2015-16)’ of the Ministry of Information and Broadcasting. ———— STATEMENTS BY MINISTERS 1. SHRI RAMVILAS PASWAN to make a statement regarding Status of implementation of recommendations contained in the Tenth Report of the Department-related Parliamentary Standing Committee on Food, Consumer Affairs and Public Distribution on Demands for Grants (2016-17) pertaining to the Department of Food and Public Distribution.

2. SHRI SHRIPAD YESSO NAIK to make a statement regarding Status of implementation of recommendations contained in the Eighty-fourth and Ninety- first Reports of the Department-related Parliamentary Standing Committee on Health and Family Welfare on the Demands for Grants (2015-16) (Demand No.6) pertaining to the Ministry of AYUSH.

3. SHRIMATI to make the following statements regarding:— (i) Status of implementation of recommendations contained in the One Hundred and Seventeenth Report of the Department-related Parliamentary Standing Committee on Commerce and Industry on the Demands for Grants (2015-16) pertaining to the Department of Commerce. (ii) Status of implementation of recommendations contained in the One Hundred and Twentieth Report of the Department-related Parliamentary Standing Committee on Commerce and Industry on the Action Taken by the Government on the observations/recommendations contained in the One Hundred and Seventeenth Report on the Demands for Grants (2015-16) pertaining to the Department of Commerce.

4. DR. to make a statement regarding Status of implementation of recommendations contained in the Two Hundred and Eighth Report of the Department-related Parliamentary Standing Committee on Transport, Tourism and Culture on the Action Taken by the Government on the observations/recommendations contained in the One Hundred and Ninety-fifth Report on the Demands for Grants (2013-14) of the Ministry of Tourism.

5. SHRI MANSUKH L. MANDAVIYA to make the following statements regarding:—

(i) Status of implementation of recommendations contained in the Twelfth Report of the Department-related Parliamentary Standing Committee on Chemicals and Fertilizers on "Functioning of National Institutes of Pharmaceuticals Education & Research". (ii) Status of implementation of recommendations contained in the Fifteenth Report of the Department-related Parliamentary Standing Committee on Chemicals and Fertilizers on the Action Taken by the Government on the observations/recommendations contained in the Fourth Report on 'Jan Aushadhi Scheme'.

6. DR. SUBHASH RAMRAO BHAMRE to make the following statements regarding:—

(i) Status of implementation of recommendations contained in the Sixth Report of the Department-related Parliamentary Standing Committee on

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Defence on the Demands for Grants (2015-16) on Civil expenditure and Capital Outlay on Defence Services (Demand No. 21, 22 and 28). (ii) Status of implementation of recommendations contained in the Seventh Report of the Department-related Parliamentary Standing Committee on Defence on the Demands for Grants (2015-16) on Army (Demand No. 23). (iii) Status of implementation of recommendations contained in the Eighth Report of the Department-related Parliamentary Standing Committee on Defence on the Demands for Grants (2015-16) on Navy and Air Force (Demand No. 24 and 25). (iv) Status of implementation of recommendations contained in the Ninth Report of the Department-related Parliamentary Standing Committee on Defence on 'Ordnance Factories and Defence Research and Development Organisation' (Demand No. 26 and 27).

———— MOTION FOR ELECTION TO THE COMMITTEE ON OFFICIAL LANGUAGE

SHRI to move the following Motion:— “That in pursuance of sub-section (2) of Section 4 of the Official Languages Act, 1963 (19 of 1963), this House do proceed to elect, in accordance with the system of proportional representation by means of the single transferable vote, five Members from amongst the Members of the House, to be members of the Committee on Official Language.” ———— #QUESTIONS QUESTIONS entered in separate lists to be asked and answers given. ————

(FROM 2.30 P.M. TO 5.00 P.M.) PRIVATE MEMBERS' BUSINESS (RESOLUTIONS) 1. FURTHER DISCUSSION on the following Resolution moved by DR. T. SUBBARAMI REDDY on the 29th July, 2016:—

“Having regard to the fact that:- (i) India requires speedy economic development and higher growth rate to make it among the few large economies in the world with propitious economic outlook; (ii) infrastructure development is one of the key components for industrial development and engine of growth; (iii) road network is one of the essential parameters for economic development and communication; (iv) economic downturn seen in the last few years caused reduction in the growth of traffic and lower revenue realization for Build, Operate and Transfer (BOT) road projects; and (v) reduced revenue realization has adversely affected debt service concessionaires and caused widespread default in debt accounts;

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this House urges upon the Government- (a) to take immediate and concrete steps to remove all bottlenecks in the awarding of road projects under BOT and EPC (Engineering, Procurement and Construction); (b) to initiate measures to restore market confidence and to ensure that project execution does not suffer owing to cash flow constraints, rescheduling of premium payment under BOT projects; (c) to initiate early settlement of disputes and find amicable solutions since heavy amount is involved and the road projects are virtually stalled; and (d) to extend re-finance/soft loan to the operators in the road sector, at lower rate of interest, to revive the infrastructure industry.”

2. DR. K.V.P. RAMACHANDRA RAO to move the following Resolution:—

“Having regard to the fact that: (i) the Andhra Pradesh Reorganisation Act, 2014 has been enacted bifurcating the erstwhile State of Andhra Pradesh into States of Andhra Pradesh and Telangana; (ii) under section 90 (1) of the Act, the Polavram Project is declared as National Project to compensate the loss occurred to the State of Andhra Pradesh to some extent due to bifurcation; (iii) under section 90(2) of the Act, the Central Government was mandated to take under its control the regulation and development of Polavaram Irrigation Project in the expedient public interest; (iv) the Central Government has, however, not taken the project under its control even after the lapse of two years of the said enactment; (v) the Government of Andhra Pradesh is taking up lift irrigation works claiming to be part of the Polavaram Project without the consent of Central Government; (vi) the Central Government has not taken up Rehabilitation and Resettlement works under Polavaram Project till date and has also not allocated budget for its timely completion; and (vii) the Polavaram Irrigation Project is considered as the most important project for the economic stability of the State of Andhra Pradesh,

this House urges upon the Government to - (a) immediately take Polavaram Project under its control as mandated by section 90 of Andhra Pradesh Reorganisation Act ; (b) announce a fixed time frame for its completion; (c) allocate the sufficient budget for its completion; and (d) complete the Polavaram Project by 2018 and dedicate it to the nation."

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3. SHRI SHANTARAM NAIK to move the following Resolution:—

"Having regard to the fact that:

(i) the establishment of Bombay High Court Bench at Panaji opened a new chapter in the long and brilliant judicial history of this territory; (ii) just before the advent of the Portuguese to India, Goa was ruled by Adilshah, Sultan of Bijapur, who was the head of the Sultanate Judicial system, which had, at the top a Qazi and below the Qazi, there were Judicial Magistrates, such as Vazirs and Amirs vested with original and appellate powers within their territorial jurisdiction and there were also other subordinate Judicial Officers; (iii) the Portuguese, at the beginning, did not alter the Judicial system which was in vogue at the time of the conquest of Goa, but gradually, they introduced their Judicial system, at the beginning, somewhere in 1526, wherein the usages and customs of the Gaonkars were codified and a chapter was introduced and later on, a Chief Judicial Authority was appointed known as Tanador- mor and only in serious cases the Chief Captain and the Governor - General of the Portuguese possessions in India were looking into them; (iv) the Portuguese afterwards appointed a Judicial Officer known as Ouvidor - Geral or Auditor - General and finally, in the year 1544, a High Court was created and was designated as Tribunal de Relacao das Indias and the said High Court was headed by a Chancellor and had 3 sitting Judges; (v) in the year 1774, the Portuguese Prime Minister Marques of Pombal abolished the Tribunal de Relacao and reintroduced the office of the Auditor- General with all the powers of the High Court and the Tribunal de Ralacao (High Court) was re- established in 1776 and a Chancellor presided over the said Court with a Bench of 5 Judges; (vi) the situation continued to be in force with slight changes upto the time of the liberation when a Tribunal de Relacao (High Court) was functioning in this Territory with five Judges and had its territorial jurisdiction extending over the Territory of Goa, Daman and Diu as well as the Portuguese colonies of Macau and Timor; (vii) a Judicial Officer of the rank of a High Court Judge was also functioning in the said Tribunal de Relacao and he was known as Procurador de Rupublica, his duties were multiple, for, besides the duties corresponding to those of the Advocate General, he was also the Legal Advisor of the Government of Goa, Daman and Diu as well as he was a sitting member of the Legislative Assembly and of the Government Council; (viii) after the Liberation, Tribunal de Ralacao de Goa was abolished and was substituted by the Judicial Commissioner's Court, a Court which had lesser powers than a High Court under the Indian Judicial system; (ix) there had been a persistent demand for the extension of the jurisdiction of a High Court to the Union territory of Goa, Daman and Diu and for the establishment of a permanent Bench of that High Court in lieu of the existing Court of the Judicial Commissioner; 186

(x) although the Judicial Commissioner's Court functioning at those times in Union territory was given certain powers of a High Court under the provisions of the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963, it was not a full- fledged High Court and the Judicial Commissioner also did not enjoy those constitutional safeguards which protect the independence of a High Court Judge; (xi) it was further felt that the extension of jurisdiction of a High Court to the Union Territory including Goa would improve the tone of judicial administration in these Union Territories and would inspire greater public confidence and under those circumstance, jurisdiction of High Court of Judicature at Bombay was extended to the State of Goa and Union territories of Daman and Diu and the Court of the Judicial Commissioner was abolished and a permanent bench of High Court of Judicature at Bombay was established at Panaji (Goa) on 30th October, 1982 as per the provisions of The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu ) Act, 1981; (xii) with the passing of Goa, Daman & Diu Re-organization Act, 1987 and the Parliament conferring Statehood to Goa, the High Court of Bombay became the common High Court for the States of Maharashtra and Goa and the Union Territories of Dadra & Nagar Haveli and Daman & Diu w.e.f. 30-05-1987; and (xiii) the establishment of common High Court to serve two states may not be unconstitutional yet it is certainly against the spirit of the Constitution,

this House unanimously resolves that an independent High Court be established for the State of Goa."

4. SHRI RANGASAYEE RAMAKRISHNA to move the following Resolution:—

“Having regard to the fact that:

(i) from times immemorial, self governance by the institution of Panchayats was prevalent in the village-society; (ii) even the British respected this institution which catered to the basic needs of the society in which influential, affluent and wise men were nominated at the local level; (iii) post independence, in the formative years of the Republic, the office bearers in these institutions were sought to be elected and the caste panchayats were replaced by elected panchayats; (iv) based on the Balwant Rai Mehta Committee report, Prime Minister Shri Jawaharlal Nehru launched Panchayati Raj in Nagaur district in Rajasthan in 1959; (v) in the states such as Rajasthan, which adopted this model, the CD Block budgets comprising Public Works Department, public health, primary and secondary education, agriculture, animal husbandry, irrigation, etc., were transferred to Panchayati Raj institutions for being administered not by government officials but by elected Panchayati Raj representatives and the budgets were themselves created out of felt demands of the people and administered by the elected representatives of Panchayati Raj bodies; 187

(vi) had this system been allowed to take roots and continue for a longer time, the nation would have reaped the benefits of a truly decentralized democracy but unfortunately this experiment was short lived; (vii) however, Panchayati Raj institutions could have been saved by taking one more logical step in their path of evolution, viz., integrating directly elected people's representative into the scheme of Panchayati Raj hierarchy itself and one more alternative which could have been seriously considered was to make the Panchayati Raj functionaries to elect MLAs; (viii) Panchayati Raj continued on paper and Sarpanches got elected without any attendant charter of responsibilities and the financial powers that could have rendered their duties effective and meaningful; (ix) despite the detailed enumeration of allocable functions to Panchayats in Eleventh Schedule (article 243 G) of the Constitution, the non-devolution of financial powers to make these enumerated functions meaningful and the non-vacation of administrative space by concerned government departments, has resulted in rendering the Panchayati Raj a boneless wonder; (x) in the entire chronology of framing of the Indian Constitution, the segment that betrays a half hearted approach and the absence of consensus happens to be that concerning bicameral legislatures in the States; (xi) in the backdrop of diametrically opposed views on the need for a second chamber, more opposed and less favorably inclined, Dr. Ambedkar moved a compromise resolution proposing second chambers, purely as an experimental measure and article 169 of the Constitution resulted, which confined the bicameral set up only to states which already had a second house in the Government of India Act, 1935; (xii) functional representation, originally an Irish model, is indeed the genesis of an idea, which if properly understood in the right perspective, provides for strengthening Panchayati Raj institutions by integrating them into the framework of the Upper House; (xiii) the practice of MLAs constituting an electoral college for the Second House can be abandoned in favour of local bodies, both in rural and urban areas, viz., Panchayati Raj institutions and Municipalities to form an electoral college to send their representatives to the Upper House; and (xiv) simultaneously, the restriction of the facility of bicameral legislature only to Government of India Act, 1935 provinces can also be abandoned in favour of a uniform policy for all states to have· a Legislative Council, not dependent on an enabling resolution of the concerned assemblies, this House urges upon the Government to -

(a) initiate an amendment to article 169 of the Constitution such as to provide uniformly for an Upper House in all the States, to be composed of representatives to be elected by all Panchayati Raj institutions in rural areas and all municipalities and corporations in urban areas replacing the present system of substantial representation to the MLAs, and the teachers/graduate constituencies; and 188

(b) amend Part IX of the Constitution such as to provide for transfer of certain departments such as agriculture, animal husbandry, irrigation, public health, public works, primary and secondary education along with the concurrent transfer of the concerned budgetary outlays and real transfer of such areas to the Panchayati Raj institutions which will be possible only if the corresponding space is vacated by the concerned government departments.”

———— LEGISLATIVE BUSINESS Motion for reference of the Bill to Joint Committee

The Citizenship SHRI RAJNATH SINGH to move the following motion:— (Amendment) Bill, 2016. “That this House concurs in the recommendation of the Lok Sabha that this House do join in the Joint Committee of the Houses on the Bill further to amend the Citizenship Act, 1955 made in the motion adopted by the Lok Sabha at its sitting held on the 11th August, 2016 and communicate to the Lok Sabha the names of the Members so appointed by the Rajya Sabha to the Joint Committee and resolves that the following Members of the Rajya Sabha be nominated to serve on the said Joint Committee:— 1. Dr. Vinay P. Sahasrabuddhe 2. Shri Dilipbhai Pandya 3. Shri P. Bhattacharya 4. Shri Bhubaneswar Kalita 5. Shri Javed Ali Khan 6. Shri Derek O’Brien 7. Shri Harivansh 8. Shri Prasanna Acharya 9. Shri Satish Chandra Misra 10. Shri Swapan Dasgupta".

Bill for consideration and return

The Appropriation 1. SHRI ARUN JAITLEY to move that the Bill to authorise payment (No. 3) Bill, 2016. and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 2016-17, as passed by Lok Sabha, be taken into consideration.

ALSO to move that the Bill be returned.

Bill for consideration and passing

The Employee's 2. SHRI to move that the Bill further Compensation to amend the Employee's Compensation Act, 1923, as passed by Lok Sabha, be (Amendment) Bill, taken into consideration. 2016. ALSO to move that the Bill be passed.

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Bill for consideration and return

3. SHRI ARUN JAITLEY to move that the Bill further to amend the The Taxation Laws Income-tax Act, 1961 and the Customs Tariff Act, 1975, as passed by Lok (Amendment) Sabha, be taken into consideration. Bill, 2016.

ALSO to move that the Bill be returned.

Bill for consideration and passing

4. SHRI BANDARU DATTATRAYA to move that the Bill further The Factories to amend the Factories Act, 1948, as passed by Lok Sabha, be taken into (Amendment) consideration. Bill, 2016.

ALSO to move that the Bill be passed.

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SHORT DURATION DISCUSSION

FURTHER DISCUSSION on the draft National Education Policy - 2016, raised by Shri Sitaram Yechury on the 11th August, 2016.

NEW DELHI; SHUMSHER K. SHERIFF, August 11, 2016. Secretary-General.

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