Parliament of India Rajya Sabha
SECTIONAL MANUAL OF OFFICE PROCEDURE (SMOP) HOUSE COMMITTEE SECTIONS
Rajya Sabha Secretariat (House Committee Sections) July, 2010 Parliament of India Rajya Sabha
SECTIONAL MANUAL OF OFFICE PROCEDURE (SMOP) HOUSE COMMITTEE SECTIONS
Rajya Sabha Secretariat House Committee Sections July, 2010 First Edition: July, 2010
©Rajya Sabha Secretariat http://rajyasabha.nic.in Email: [email protected]
Price: Rs. 70/- PREFACE Sectional Manuals of Office Procedure (SMOPs) for various Sections/Units in the Rajya Sabha Secretariat are being brought out for the first time to provide an overview of the working of different Sections/Units in the Secretariat and of the Section-specific procedure, adopted for disposal of work in a user-friendly format. This publication provides the procedure followed in disposal of various items of work dealt by the six House Committee Sections (Subordinate Legislation, Petitions, Government Assurances, COPLOT, Ethics and MPLADS) and Committee Co-ordination Section. The publication is intended to serve as a guide for the staff and officers dealing with day-to-day functioning of the concerned Committee Sections. 2. Adequate care has been taken to make the Manual comprehensive and up-to-date in all respect. It is hoped that the publication would be found useful by all those who are associated with various aspects of the working of the Sections of the Secretariat. 3. This publication is primarily for internal use in the Secretariat. Suggestions for improvement of this publication are welcome.
NEW DELHI; V. K. AGNIHOTRI July, 2010 Secretary-General. CONTENTS Page Chapter-I: Committee Section (Subordinate Legislation) 1.1 Introduction and Functions 1.1.1 Genesis of the Committee ...... 1 1.1.2 Constitution/Composition ...... 1 1.1.3 Functions/Mandate of the Committee ...... 1-2 1.2 Responsibilities and Working Procedure 1.2.1 Responsibilities ...... 2 1.2.2 Laying of Rules and Notifications ...... 2-3 1.2.3 Selection of Rules, Regulations, Orders, etc. for examination ...... 3 1.2.4 Session-wise Reports...... 3 1.2.5 Examination of the Rules etc. and Representations ...... 3 1.2.6 Preparation of Index ...... 3 1.3 Record Management 1.3.1 Record Keeping ...... 3 1.3.2 Closing, Recording and Classification of Records ...... 3-4 1.3.3 Preparing of File for Record ...... 5 1.3.4 Retention Period for various types of Files ...... 5 Annexures ...... 6—22 Chapter-II: Committee Section (Petitions) 2.1 Responsibilities, Main Functions and System of working 2.1.1 Main Responsibility ...... 23 2.1.2 Work Relating to Representations ...... 23 2.1.3 Work Relating to Petitions...... 23—24 2.1.4 Work Relating to General Purposes Committee ...... 24 2.1.5 Disposal of RTI applications ...... 24 2.2 Common Procedure 2.2.1 Membership ...... 24 2.2.2 Notices of Meetings of Committee ...... 25 2.2.3 Arrangements at meeting venue...... 25 2.2.4 Cancellation/Postponement ...... 25 2.2.5 Procedure during Meetings ...... 26
(i) (ii)
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2.2.6 Evidence of officials and non-officials...... 26 2.2.7 Evidence of State Governments’ officials ...... 26 2.2.8 Recording of Evidence ...... 26 2.2.9 Drawing up of Minutes...... 27 2.2.10 On-the-spot Study Tours by Committee...... 27—29 2.2.11 Preparation, Publication and Printing of Report ...... 29-30 2.2.12 Action Taken Reports...... 30 2.2.13 TA/DA Bills of Committee and Secretariat ...... 30 2.2.14 Allocation of Budgetary Grant and Updating of Budgetary position ...... 30-31 2.2.15 Miscellaneous Work ...... 31 2.3 Internal Rules ...... 31-32 2.4 Practice and Precedents ...... 32-33 2.5 Record Management 2.5.1 Register of Reports ...... 33 2.5.2 Register of Meetings ...... 33 2.5.3 Guard File of Committee and Sub-committee Membership ...... 33 2.5.4 Guard Files of Tours...... 33 2.5.5 Guard Files on Settlement of Tours’ Bills ...... 33 2.5.6 Guard File of Minutes ...... 33 2.5.7 Register for Refreshments Ordered ...... 33 2.5.8 Register for weeding out of old files and records ...... 33 2.5.9 Register for TA/DA for non-official witnesses ...... 33 2.5.10 Precedent Register ...... 33 2.5.11 Quarterly Statement on Petitions ...... 33-34 2.5.12 Use of Committee Software ...... 34 Annexures ...... 35—44 Chapter-III: Committee Section (Government Assurances) 3.1 Constitution and Functions 3.1.1 Constitution and Quorum ...... 45 3.1.2 Functions/Mandate ...... 45-46 3.2 Working Procedure 3.2.1 Culling out of Assurances ...... 46 3.2.2 Transfer of Assurances ...... 46 3.2.3 Extension of time for fulfilment of Assurances ...... 46-47 3.2.4 Meetings of the Committee ...... 47-48 (iii)
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3.2.5 Evidence of the Representatives of Ministries and Organisations ...... 48 3.2.6 Laying and Examination of Implementation Reports ...... 48-49 3.2.7 Requests for dropping of Assurances...... 49 3.2.8 Drafting of Committee Report ...... 50-51 3.2.9 Adoption and Presentation of Committee Report ...... 51 3.2.10 Miscellaneous Work ...... 51-52 3.2.11 Records ...... 52 3.2.12 Committee Software ...... 52 3.2.13 Assurance Software ...... 52 3.2.14 Review of Assurances...... 52-53 3.2.15 Weeding out of Records ...... 53 3.2.16 Channels and Levels of Decision-making ...... 53 Annexures ...... 54—72 Chapter-IV: Committee Section (COPLOT) 4.1 Introduction ...... 73 4.2 Procedure for the internal working ...... 73-74 4.3 Registers, Reports and Returns ...... 74-75 4.4 Retention period for various types of files ...... 75 Chapter-V: Committee Co-ordination Section 5.1 Responsibilities ...... 76 5.2 Committee Coordination ...... 76-77 5.3 Re-constitution of Standing Committees of the Rajya Sabha ...... 77-78 5.4 Constitution of Department-related Committees and ad hoc Committees ...... 78 5.5 Other cases of nomination to Parliamentary Committees ...... 78 5.6 Nomination of Members to various Parliamentary Fora ...... 79 5.7 Election and Nomination of Members 5.7.1 Election arrangements ...... 79-80 5.7.2 Nomination to Statutory bodies/Committees ...... 80-81 5.8 Operational responsibility for Committee Software ...... 81 5.9 Operational responsibility for MIS Software ...... 81-82 5.10 Laying/Presentation of the Reports of Joint Parliamentary Committees including DRSCs coming under the administrative jurisdiction of Lok Sabha Secretariat ...... 82 5.11 Allotment of Committee Rooms for meetings ...... 82 5.12 Maintenance and publication of information ...... 82 (iv)
Page Chapter-VI: Committee Section (Ethics) 6.1 Introduction 6.1.1 Origin ...... 83 6.1.2 Constitution ...... 83 6.2 Rules ...... 83-84 6.3 Functions 6.3.1 Main functions ...... 84 6.3.2 Record Keeper and Overseer of the Declaration of Assets and Liabilities of Members ..... 84 6.3.3 Preparation of Register of Declaration of Assets and Liabilities...... 84 6.3.4 Register of Members' Interests ...... 84 6.3.5 Procedure for making complaint ...... 85 6.3.6 Procedure for inquiry ...... 85 6.3.7 Sanctions ...... 85 6.3.8 Power of Chairman to refer a question of ethical and other misconduct to Committee ...... 85 6.4 Committee Section (Ethics) 6.4.1 Common Procedures ...... 86—91 6.4.2 Miscellaneous Work ...... 91 6.4.3 Records ...... 91-92 6.4.4 Use of Committees Software...... 92 6.5 Examination of a matter referred to the Committee on Ethics pertaining to alleged unethical behaviour or any other conduct 6.5.1 Case studies of 'Operation Duryodhan' and 'Operation Chakravyuh' ...... 93-94 6.6 Public access to information of 'Register of Members' Interests' ...... 94 6.7 Making available the information contained in the 'Register of Declaration of Assets and Liabilities of Members' under the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004 and Right to Information Act, 2005 ...... 94 Annexures ...... 95—122 Chapter-VII: Committee Section (MPLADS) 7.1 Member of Parliament Local Area Development Scheme 7.1.1 The Genesis ...... 123 7.1.2 Evolution ...... 124 7.1.3 Monitoring Mechanism ...... 124-25 7.1.4 Release of Fund...... 125 7.2 Origin and Role 7.2.1 Membership ...... 125-26 7.2.2 Role of the Committee ...... 126 (v)
Page 7.3 Committee Section (MPLADS) 7.3.1 Main functions of the Committee Section (MPLADS) ...... 126-27 7.3.2 Work assigned to Committee Section (MPLADS) ...... 127—36 Annexures ...... 137—50 CHAPTER - I COMMITTEE SECTION (SUBORDINATE LEGISLATION) 1.1 Introduction and Functions of the Committee on Subordinate Legislation 1.1.1 Genesis of the Committee The Rules of Procedure and Conduct of Business in the Council of States, made under clause (1) of article 118 of the Constitution, came into force on the 1st July, 1964. Under Rule 204 of the said Rules, the first Committee on Subordinate Legislation was nominated by the Chairman, Rajya Sabha, on the 30th September, 1964. 1.1.2 Constitution/Composition The Committee consists of fifteen members, who are nominated by the Hon'ble Chairman and they hold office until a new Committee is nominated. Casual vacancies in the Committee are also filled by the Hon'ble Chairman. 1.1.3. Functions/Mandate of the Committee Rules 204 to 212 of the Rules of Procedure and Conduct of Business in the Council of States relate to the composition, constitution and functions of the Committee on Subordinate Legislation. Rule 204 states that there shall be a Committee on Subordinate Legislation to scrutinise and report to the Council whether the powers to make rules, regulations, bye-laws, schemes or other statutory instruments conferred by the Constitution or delegated by Parliament have been properly exercised within such conferment or delegation as the case may be. The Committee's internal Rule (Annexure-1.1) and its important recommendations ((Annexure-1.2) govern detailed procedure. Rule 209 of the Rules of Procedure and Conduct of Business in the Council of States lays down that after each rule, regulation, bye-law, scheme or other statutory instrument framed in pursuance of the Constitution/Act and which is required to be laid before Parliament, is so laid before the Council, the Committee shall, in particular consider: 1. Whether the Order is in accord with the provisions of the Constitution/Act pursuant to which it is made; 2. Whether the Order contains matter which in the opinion of the Committee should more properly be dealt within an Act of Parliament; 3. Whether the Order contains imposition of taxation; 4. Whether the Order directly or indirectly bars the jurisdiction of the Courts; 5. Whether the Order gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power; 6. Whether the Order involves expenditure from the Consolidated Fund of India or the public revenues; 7. Whether the Order appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made; 8. Whether there appears to have been unjustifiable delay in its publication or laying before Parliament; and 9. Whether for any reason, the form or purport of the order calls for any elucidation. Besides the functions enumerated above, the Committee also goes into matters, where the rules, regulations, etc. have not been framed or the framing thereof has been inordinately delayed. Besides, the Committee is also guided by the following directions issued by the Hon'ble Chairman, Rajya Sabha (i) The Committee on Subordinate Legislation may examine all 'Orders', whether laid before the Council or not, framed in pursuance of the provisions of the Constitution or a statute delegating power to subordinate 2
authority, to make such orders. (ii) The Committee may examine provisions of Bills which seek to:— (a) delegate powers to make 'Orders', or (b) amend earlier Acts delegating such powers, with a view to see whether suitable provisions for the laying of the 'Orders' before the Council have been made therein. (iii) The Committee may examine any other matter relating to an 'Order' or any question of Subordinate Legislation arising therefrom. 1.2 Responsibilities and Working Procedure of Committee Section (Subordinate Legislation) 1.2.1 Responsibilities of Committee Section (Subordinate Legislation) Committee Section (Subordinate Legislation) deals with the following items of work: (i) Laying of statutory notifications on the Table of the Rajya Sabha. (ii) Circulation of Notifications laid on the Table of the Rajya Sabha to the Members of the Committee. (iii) Examination of Rules, Regulations, Schemes, Order, etc. i.e. various forms of subordinate legislation, and drafting of memoranda thereon for consideration of the Committee. (iv) Examination of representations Presented to the Committee or its Chairman by associations, individuals, etc. having a bearing on rules/regulations. (v) Drafting of Reports, preparation of subject-wise indices and examination of Action Taken replies. (vi) Record of Rules/Regulations etc. framed under various Acts of Parliament. 1.2.2. Laying of Rules and Notifications Rules, Orders and other Notifications required to be laid by Ministries on the Table are received by the Section along with proforma to be filled-in by the Ministry. 35 copies each of the English and Hindi version (at least 3 clear working days in advance) of the papers are required to be sent of which two copy each is to be authenticated by the Minister. As per instructions, statutory rules, regulations and bye-laws are required to be framed within a period of six months from date on which the statute came into force and in case the rules have not been framed within the prescribed time, extension has to be sought from the Committee on Subordinate Legislation after taking approval of the Minister. At the time of laying of the rules, statement of reasons for delay has also to be attached. In cases of inordinate delay the Ministry may be asked to tender evidence to explain the delay and the matter may be brought to the special attention of the House by the Commitee in its report. Rules are entered as soon they are received in a Register maintained in the format given at Annexure-1.3. Papers are generally laid on the day allotted to the Ministry; except in the case of taxation matters where it is laid on the same day, before the House rises. A list of papers to be laid is prepared and sent to Table Office, for inclusion in the List of Business at least one and a half clear days in advance, and a copy of the list along with a copy of the Hindi version of the notifications shall be sent to Translation Section at the same time. Guidelines have been issued to Ministries etc. that: (a) Papers for laying should be sent along with prescribed proforma giving laying details at least 3 clear days before the proposed laying date. (b) Ministries should stagger paper laying so that it does not accumulate in the last few days of a Session. (c) Papers must be grouped laying provision-wise and authenticated copies must be provided. (d) Whenever there is a delay in laying, a statement of reasons for delay duly authenticated by the Minister should be attached. If Hindi version of the paper is not simultaneously being laid, reasons, duly authenticated by the Minister may be given. Papers not received 3 clear working days in advance shall not be accepted. Papers not grouped laying provision- wise shall be returned. 3
Seven copies of the papers to be laid along with the authenticated copies thereof are sent to Table office. After the papers are laid, as checked from the Parliamentary Bulletin Part-I for the day, authenticated copies are sent to Parliament Library by Table Office. During the currency of a Session, at the end of each week, a complete list of Rules/Regulations/Orders laid during the week is brought out as a Part-II Bulletin and the data is also placed on the Rajya Sabha website. This is to enable any Member to give notice of his intention to move a motion for modification of that Order. Notices received are examined to determine admissibility and the admitted text is issued as an item in the Part-II Bulletin. Thereafter the item is sent to Table Office for inclusion in the List of Business. 1.2.3. Selection of Rules, regulations, orders, etc. for examination After each Session, the Committee Officer/ Assistant Director will cause to be prepared, a List of Subordinate Legislation tabled during the Session and shall obtain orders for selection of Rules, etc. for detailed examination. This list will be put up to the Committee. Members may also give their suggestions and the list is then finalised. 1.2.4 Session-wise Reports In addition to reporting on the rules. etc. selected for detailed examination, the Committee also presents a Session-wise comprehensive report on all Rules tabled, generally examining issues of non-framing, delay, failure to seek extension in time, Constitutionality and appropriateness of the Rules in overall terms. The Committee Section will, as soon as a Session is over, start drafting the report so that it is approved before the next Session commences. 1.2.5 Examination of the Rules etc. and Representations Each dealing Assistant is responsible for maintaining the information and record in respect of Rules/Regulations allotted to him. After the Rules/Notifications are laid, the dealing Assistant, on the basis of Rules selected for examination, as communicated by the Committee Officer/Assistant Director will draft the questionnaire and get it approved by the Joint Director/Director. He shall examine the reply received, and on the basis of instructions of the Joint Director/Director, draft a Memorandum for consideration of the Committee on Subordinate Legislation. In case representations are received, these will also be dealt and referred to in the Memorandum. 1.2.6 Preparation of Index On the basis of recommendation of the Committee as contained in its Reports, the dealing Assistant will prepare a subject index containing the recommendation and Report wherein it is made. The items will be compiled under instructions of the Committee Officer from time to time and printed as Index of Subject-wise Recommendation of the Committee. 1.3 Record Management 1.3.1. Record Keeping (i) To record the receipt of Subordinate Legislation, entry is made in the Register of Subordinate Legislation maintained Ministry-wise in the format which is given at Annexure-1.4. (ii) Annual Return Files (Ministry-wise): Each Ministry is required to send Annual Return of Subordinate Legislation required to be framed under Act of Legislature in the format given at Annexure-1.5. This will be based on the Register maintained in the Ministry under para 11.10 and the quarterly report sent to the Legislative Department under para 11.13 of the Manual for Handling Parliamentary Work in Ministries, published by the Ministry of Parliamentary Affairs. (iii) Quarterly Report: Quarterly report is submitted by the Section for information of the Secretary-General in the format given at Annexure-1.6. 1.3.2 Closing, Recording and Classification of Records
After action on all the issues under consideration has been completed and no further correspondence is anticipated, a file is closed through an order recorded on the note portion of the file by the Section in-charge. Before passing the order the Section in-charge will ensure that all part files are merged into the main file and will personally verify that all orders passed on the file have been complied with and no action is pending. He 4 will record his finding to this effect while ordering closure of the file. Thereafter the dealing hand will put up the case to the Section in-charge for his approval to the file being closed and recorded under one of the following classes:
Class I to be retained for one year. Class II to be retained for 3 year. Class III to be retained for upto 8 year.
Class IV to be retained for upto 15 year. Class V to be retained permanently. The Section in-charge will exercise his discretion as to the period of retention of the files in any of the categories cited above, according to the importance of the subject dealt within the files and the material contained therein.
The following illustration of different classes will provide a guide, as it is difficult to provide an exhaustive list:— (i) Class I: includes cases such as miscellaneous circulars, applications for copies of papers, petitions of a petty nature, informatory statements, and returns of temporary interest, ordinary accident reports, casual leave, files on functions, meetings, conferences etc., files regarding allotment of roster duties etc. (ii) Class II: includes cases such as suits, audit and inspection reports finally settled, retention or retirement of officers, answers to questions asked in the legislature, results of departmental examination, leave, postings, resignation and transfers of officers other than those which form part of the personal file of the officers maintained by the appointing authority.
(iii) Class III: includes cases such as appeals against disciplinary action, corrections and amendments in manuals and service rules, sale of movable property, OTA, TA, contingent Bills cases, training programmes and annual reports, etc. (iv) Class IV: includes cases such as alteration in the dates of birth of officers, special reports relating to the conduct and work of officers and acquisitions of immovable property. (v) Class V: includes cases of importance such as construction of buildings, opinion on proposed legislation, rules framed under laws, delegation of powers.
It also includes: (i) File of historical importance such as papers related to origin of Secretariat, (ii) Policy decisions,
(iii) Aspects of scientific or technical research and development, (iv) Lasting precedents for important procedures, (v) Files containing rules and regulations, department instructions or guidelines of general application,
(vi) Litigation files of importance nature, (vii) Rulings/decisions of Chairman or the Secretary-General, (viii) Material likely to be required frequently for reference in future.
All files to be included in Class V will require approval of Secretary-General, for further classification as to whether it should be classified as V-A (for printing/scanning also) or V-B (preservation only). Class V-A files will be got printed/microfilmed/optically scanned by the Record Room on receipt. 5
1.3.3 Preparing of file for Record After a file has been ordered to be closed and marked for record, proper arrangement for recording becomes necessary. This will involve the following action in the Section: (i) Amendment or revision, if necessary, of the title of the file in order to describe adequately its contents, (ii) Completing references i.e. paging of notes and correspondence, removal of alphabetical slips and giving permanent identification marks to the references quoted in the notes and correspondence, (iii) Incorporating all the papers relevant to the file, including separated part files, (iv) Removal of routine notes and papers from the file which are to be weeded out, (v) Marking of numbers of previous and later files, (vi) Noting the date of recording, classification and the year of destruction etc. In the file register. After action as above is completed, the files classified in categories I, II, III, IV and V shall be entered in the Register of Files for Record and the classification will be recorded on the top left corner of the file cover in bold red ink. The Section Register of Files for Record will be maintained in the proforma (Annexure-1.7) with a separate page for each minor head, as given below. To make it easy to locate a file on a given subject sent to the record room, the record room serial no. (written by the Record Keeper on the copy of the challan of files sent for Record) will be entered in the register on receipt of the challan back. 1.3.4 Retention Period for various types of Files The following miscellaneous files and records will be weeded out after the lapse of the period mentioned against each:
Sl. No. Subject of file Retention period 1. Files of routine nature 1 year 2. Parliamentary Bulletins and Circulars (stitched file) Permanent 3. Peon Books 2 years 4. Attendance Register 3 years 5. Casual Leave Register 3 years 6. Leave applications (stitched file) 3 years 7. Casual Leave Applications (stitched file) 1 year 8. Reports and files pertaining to examination of rules Permanent 9. Files relating to framing of rules 3 years 10. Files relating to laying of notifications on the 10 years Table of the House by the Ministries/Departments Annexure-1.1 INTERNAL RULES FOR THE WORKING OF THE COMMITTEE ON SUBORDINATE LEGISLATION 1. Examination of Orders and Bills etc.—Every 'Order' Bill containing provisions regarding delegation of legislative powers and suggestions from Members on subordinate legislation shall be first examined by the Rajya Sabha Secretariat and , if necessary, a memorandum prepared which, after approval by the Chairman of the Committee, shall be placed before the Committee on Subordinate Legislation. 2. Notice of sitting and circulation of agenda papers—When the date and time of a sitting of the Committee has been fixed, notice thereof along with agenda shall circulated to the members of the Committee. 3. Special invitees—A Member who is not a member of the Committee may be invited to attend a sitting of the Committee under the orders of the Chairman of the Committee but he shall not have a right to vote. 4. Report of proceedings—A record of the proceedings of each sitting of the Committee shall be kept. 5. Minutes of sittings—The Secretariat shall prepare draft minutes of the sitting of the Committee for approval of the Chairman of the Committee or the member who presided at the sitting, as the case may be. 6. Mention of evidence in minutes—The fact that evidence was given before the Committee shall be mentioned in the minutes of the relevant sitting. 7. Circulation of minutes—The minutes of each sitting of the Committee shall be circulated to the members of the Committee. 8. Minutes to be appended to report—The minutes of the sittings of the Committee shall be appended to the relevant report of the Committee and Presented to the Council along with the report. 9. Report of Committee—The Secretariat shall prepare draft report of the Committee containing their recommendations which, after approval by the Chairman of the Committee, shall be placed before the Committee. 10. Presentation of report—The report of the Committee shall be Presented to the Council by the Chairman of the Committee or, in his absence, by any member of the Committee. 11. Circulation of report—As soon as possible after presentation of the report to the Council, copies thereof shall be circulated to the Members of the Council and the Ministries concerned.
6 Annexure-1.2 IMPORTANT RECOMMENDATIONS OF THE COMMITTEE MAKING OF RULES AND REGULATIONS "In order that such long and inordinate delays do not take place in future, the Committee recommend that rules and regulations required to be made under a statute should be made as soon as possible but in no case later than six months from the date on which the statute comes into force." (Para 48 of 9th Report) (Presented on 24.3. 1971) "To avoid delays the Ministries could, to start with, frame broad but clear rules; they need not wait to frame all the rules on a particular subject in one go especially when various authorities/bodies have to be consulted in the matter. Such rules could be amended or new rules added subsequently on the basis of experience. It is recognised that rules should be as perfect as possible, but this perfection should not be at the cost of expedition. The Ministries should also establish the practice that if rules are not framed within this period of six months the Secretary or the Head of the Department at the Secretary's level should be informed accordingly who in turn should by means of a comprehensive note inform the Minister concerned and obtain his orders thereon. Such a note should invariably refer to the fact whether the particular matter had come within the knowledge or comment of a Parliamentary Committee or not. The Committee is persuaded to make this suggestion for the simple reason that for any non-compliance or excessive delay in compliance with the provision of a statute the Minister is answerable to the House. The Committee trust that if such a course is adopted, the cases of such abnormal delays will definitely lessen." (Para 56 of 10th Report) (Presented on 24.5. 1971) II EXTENSION OF TIME FOR MAKING RULES AND REGULATIONS "In regard to the request of the Ministries for extension of time for making rules and regulations under various enactments, the Committee observes that of late such requests have almost become a routine and the Ministries have not been adhering to the time-limit of six months for making the rules as earlier recommended by the Committee. In some cases the Committee has noticed that while requesting for extension of time, the Ministries do not disclose full facts and advance inadequate reasons for seeking such an extension. "The Committee in its Ninth Report recommended that rules and regulations required to be made under a statute should be made as soon as possible but in no case later that six months from the date on which the statute comes into force." (Extract from 31st Report) (Presented on 13.3. 1979) "The Committee feels that the rule-making process could well have been completed within the time-limit of six months which the Committee has laid down for making of rules under an Act after coming into force of that Act. Where however a Ministry does not find it possible to adhere to the time-limit, they should inform the Committee of the reasons why they cannot make rules within the time-limit and seek extension of time for completing the rule- making process." (Para 29 of the 47th Report) (Presented on 14.9. 1981) III USE OF PROPER AND PRECISE LANGUAGE WHILE FRAMING RULES/REGULATIONS "The Committee would also like to take this opportunity to express its unhappiness on the way the Government
7 8 went on issuing clarifications after clarifications under F.R.22-C, some of which nullified the earlier ones. These clarifications as a matter of fact, restricted the scope of the rule as it was originally introduced with effect from 1.4.61. The rule was a liberal piece of subordinate legislation but its scope was restricted with the issue of instructions from time to time. The Government has a right of amending the rules as and when it comes to the conclusion that the same is required to be done for whatever reasons it may be. But instead of formally amending the rules it was done through executive instructions and clarifications, which is not the proper thing to do. The Committee, therefore, impresses upon all concerned that while making rules the executive Ministries as also the Law Ministry should ensure the use of proper and precise language so that not many clarifications have to be issued. In the case of the subordinate legislation, the intention of the makers of the rules should be clear from the language used as there is no other way for the courts and others to know about it, as against in the case of primary legislation where it may be possible to know about the intention of the framers from the 'Statement of Objects and Reasons' appended to the Bills at the introduction stage as also from the debates in the legislatures." (Para 2.21 of 86th Report) (Presented on 7.8. 1991) IV LAYING OF STATUTORY RULES BEFORE THE HOUSES OF PARLIAMENT (i) Formula for incorporation in the Central Acts The Committee approve the following draft revised formula for laying of Statutory Rules before both Houses of Parliament which the Ministry of Law and Justice propose to incorporate in all future legislation which provide for making of rules by the Central Government:— "Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule." The Committee recommend that the revised formula should be incorporated not only in new legislation but also in the existing Acts as and when Bills to amend them are brought before Parliament. The Ministry should be incorporate the new formula in the Bills pending before Parliament. This will, in the opinion of the Committee, bring about uniformity in the matter expeditiously. (Paras 57-58 of the 10th Report) (Presented on 24.5.1971) (ii) Laying of all 'Orders' before Parliament "The Committee agrees with the view of the Committee on Subordinate Legislation Lok Sabha (Seventh Lok Sabha) expressed in its 20th Report, that laying on the Table of all Orders' in pursuance of powers delegated by Parliament is very significant, as it affords an approtunity to Members of Parliament if they so desire to move any amendment or modification to such 'order'; including a Motion for their annulment.” (Para 2.5 of 75th Report) (Presented on 29.3.1988) (iii) Laying of Rules framed under Article 309 of Constitution of India "The Committee is unable to accept the plea of that Ministry that it is not mandatory upon the administrative Ministries/Departments to lay the rules framed under Article 309 of the Constitution on the Table of each House of Parliament. The Recruitment and Conditions of Service Rules are made by the Government either under Article 309 of the Constitution or under various Acts of Parliament. Whereas the Rules made under various Acts of Parliament are laid before Parliament, those made under Article 309 are not normally laid. There is no reason why the Rules made under 9
Article 309 of the Constitution should not be laid before Parliament. There have been some cases where the Rules made under Article 309 of the Constitution have been laid before the Parliament. The Committee, therefore, strongly feels and recommends that in order to maintain a uniform practice all the Rules made under delegated authority whether under various Acts of Parliament or Article 309 of the Constitution should be laid before Parliament. In case, however, Government feels that the non-existence of the laying provision in Article 309 is the reason for not laying the Rules made thereunder, the Committee recommends that Article 309 of the Constitution be suitably amended, so as to ensure that all the Rules made thereunder are laid before Parliament.” (Para 4.31 of 82nd Report) (Presented on 1.6.1990) (iv) Laying of statutory Rules on the Table of the Rajya Sabha "The Committee now recommends that Orders required to be laid before the House should be laid (i) if the House is not in Session, during the Session immediately following the date of publication of the Order in the Official Gazette and (ii) if the House is in Session, on the date of the publication of the Order, during its continuance and in case the time lag between the date of publication and the date of the closing of the Session is less than 15 clear days, before the expiry of the Session immediately following the said Session. All the Ministries/Department of Government of India should henceforth comply with this schedule in the matter of laying of the orders issued under various Acts of Parliament on the Table of the Rajya Sabha.” (Para 7 of 131st Report) (Presented on 15.12.2000) V DELAY IN LAYING OF RULES/ORDERS/REGULATIONS ETC. "The Committee at its meeting held on the 31st March, 1986, considered the delay statement laid by the Ministry and observed that the reasons advanced, namely, delay in availability of printed copies of the notifications was not convincing and time of more than one year take in procuring printed copies was wholly unconvincing. The Committee does not approve of the inordinate delay in the instant case and expresses its concern in the matter and directs that such an instance should not recur." (Paras 7.2 and 7.3 of 71st Report) (Presented on 5.5.1987) "The Committee noted the explanation given by the representatives of the Department of Environment on various points including that for inordinate delay in laying the rules. The Committee takes exception to the lapse on the part of the Ministry and recommends that Ministries should take enough care in future so as to avoid unjustifiable delay in placing the rules on the Table of the Houses of Parliament." (Paras 6.7 and 6.8 of 76th Report) (Presented on 20.12.1988) VI RETROSPECTIVE OPERATION OF RULES AND ORDERS "During the course of scrutiny of Rules, it was observed that in a number of cases, retrospective effect was given to Rules although the statutes under which they have been framed did not authorise giving of such retrospective effect. In this connection the Committee noted the opinion tendered by the then Attorney-General of India to the Public Accounts Committee in 1970-71 in connection with Exemption Notification issued under the Central Excises and Salt Act, 1944 and the rules made thereunder to the effect that without a law empowering sub-ordinate legislation to be operative retrospectively, no such legislation could have any retrospective effect. The Committee agrees with the Attorney-General's opinion and after considering the matter in all its aspects 10 feels that no retrospective effect can be given to any subordinate legislation unless the law under which subordinate legislation is made specifically gives such a power. The Committee recommends:— (1) that if in a particular case, the rules have to be given retrospective effect due to unavoidable circumstances, Government should take immediate action to clothe it with legal sanction for the purpose; (2) that even when a statute empowers giving of retrospective effect the rule should be accompanied by an Explanatory Memorandum setting out therein the reasons and circumstances which necessitated giving of such retrospective effect." (Paras 99-101 of 15th Report) (Presented on 3.12.1973) "The Committee notes with satisfaction the opinion of the Secretary, Ministry of Law and Justice that the Department concerned should comply with the recommendation of the Committee on Subordinate Legislation that where the statute itself confers authority to give the Order retrospective effect, such orders should also indicate the reasons for giving such retrospective effect. In such cases where only errors of designation, etc. in the original order were to be rectified, Government should have no difficulty in indicating the precise reasons for which the retrospective effect was being given thereto and also that none was adversely affected by the issuance of those orders. The Committee also notes with satisfaction that the Secretary, Ministry of Law and Justice also agreed with its views that rules and orders, issued in pursuance of the powers under the Statute, had the status of subordinate legislation and that there was no legal objection to the appending of an 'Explanatory Memorandum' to the Orders which were given retrospective effect. The Committee, therefore, recommends that an Explanatory Memorandum, stating the reasons and circumstances which necessitated giving of retrospective effect to the rules, must be appended to the Orders, issued in pursuance of the powers under the Statute as in the present case. Every care should be taken to ensure that nobody is adversely affected...... " (Paras 4.10 to 4.12 of 81st Report) (Presented on 1.6.1990) "The Committee, by the above observations/recommendations*, modify its earlier recommendation contained in the Fifteenth Report, so as to include therein the requirement of appending Explanatory Memorandum even to the orders issued in individual cases under the various statutes including those having a provision for issuing orders with retrospective effect and also the requirement of ensuring that no person is adversely affected by such retrospective orders." (Para 3.12 of 103rd Report) (Presented on 13.5.1994) *Refer Paras 4.10 to 4.12 of 81st Report VII DELAY IN REPLYING TO COMMUNICATIONS SENT TO MINISTRIES/DEPARTMENTS ON BEHALF OF THE COMMITTEE "...... immediately on receipt of a reference on Subordinate Legislation, if a final reply is not possible within a month or so. Ministries must send a preliminary or interim reply to the Rajya Sabha Secretariat. The Ministries should finalise their replies on all cases referred to them within six months from the date of receipt of the first communication. If a final reply is not received within the aforesaid period then in such a case the Secretary of the Ministry in which the delay has taken place should be called to appear before the Commitee to explain the delay. If a Ministry persists in the delay, the matter should be brought to the special attention of the House." (Para 48 of 8th Report) (Presented on 30.3.1970) 11
"The Committee once again reiterates its earlier recommendation on the subject as contained in para 48 of its English Report and impresses upon all the Ministries/Departments of the Government of India that the communications sent to them on its behalf should be replied promptly. The Committee also recommends that these instructions should be given wide publicity in the Ministries/Departments so as to avoid delays in future." (Item VII of 80th Report) (Presented on 11.5.1990) "...... The Committee is also greatly concerned over delays on the part of Ministries and Departments of the Government in responding to the communications sent on its behalf. Quite often when the delay aspect is inquired into at the level of Joint Secretary/Secretary, it transpires that the matter was not placed before him. The Committee has also been informed that quite often comments/requests are sent by junior officers such as Section Officer/Desk Officer and sometimes unsigned endorsements are sent. The Committee therefore takes this opportunity to lay down specific directions/guidelines in these matters so as to ensure prompt disposal of the cases. On receipt of a reference from the Committee, an acknowledgement should be sent within a week and be brought to the notice of Joint Secretary concerned, who should monitor the same to ensure that no undue delay is caused in sending comments etc. The Joint Secretary shall be personally responsible for any undue delay in responding to the Committee. The comments should be sent preferably within a month. In case it is not possible to send comments within three months of the receipt of the reference in the Ministry, the Committee may be informed of the reasons for delay and specific request be made to the Committee for grant of extension of time. The comments and the request for extension of time etc. should be sent by an officer not below the rank of Under Secretary. During the Committee's study visits, an officer not below the rank of Deputy Secretary conversant with the subject matter of the discussion should be present to assist the Committee. The above guidelines may be brought to the notice of all the Ministries etc. of the Government, lower formations and autonomous bodies under their control for information and compliance." (Paras 2.11 to 2.13 of 88th Report) (Presented on 16.9.1991) VIII ACTION BY THE MINISTRIES ON THE RECOMMENDATIONS OF THE COMMITTEE "In order to ensure prompt action by Ministries on the recommendations made by it, the Committee would like to lay down the following time-bound procedure and directions to be followed in future:— (1) After a recommendation of the Committee is communicated to the Ministry, it should within a month of such communication intimate to the Committee the acceptance or otherwise of the recommendations. (2) In cases of accepted recommendations, or assurances and undertakings given to the Committee, the Ministry should implement them within three months from the date of intimation of the recommendations. (3) In case where preliminary procedures like consultations with other bodies, inviting of public comments etc. have to be gone through under a statute or otherwise, this period may be extended by another three months. (4) In any case, all accepted recommendations should be implemented within six months. (5) In a case where the Ministry is definitely of the view that the period of six months is insufficient for finalisation of action it should approach the Committee within three months of the date of intimation of the recommendation so that the Committee may consider its difficulties, if any. (6) In case the Ministry has some views to offer on recommendations or in case a recommendation could not be implemented for any reason, the Ministry should communicate the same to the Committee within three months. The Committee trusts that Ministries will strictly adhere to the procedure and directions laid down in the preceding paragraph in order to avoid undue delay in implementing its recommendations. (Paras 31-32 of 13th Report) (Presented on 12.5.1972) 12
"The Committee, however, expresses its unhappiness over the fact that the Ministry took nearly three years in intimating about the action taken by them. The Committee takes this opportunity to impress upon the Ministries/Departments of Government of India to ensure that the Committee is kept informed of the developments in the matters pending with the Ministries/Departments without awaiting reminders.'' (Paras 5.6 to 5.7 of 91st Report) (Presented on 28.11.1991) IX PUBLICATIONS OF NOTIFICATIONS IN THE GAZETTE OF INDIA "The Committee feel that like all other law, delegated legislation ought not only to be certain but also to be ascertainable. Publication of such legislation is, therefore, a vitally important factor both for the protection of the public affected and for the purpose of keeping the Government agency in line with democratic principles. The Committee, therefore, recommended— (i) that rules framed by Government should be published in the Official Gazette, even though the Statutes under which these are framed to not specifically provide for such publication; (ii) that when Government bring forward a Bill to amend the Industrial Finance Corporation Act, 1948, provision should be made therein for publication of the rules framed under the Act in the Official Gazette; and (iii) that pending such Statutory provision, the Rules of 1965 and any such rules of amendments thereto made subsequently should be published without delay in the Official Gazette.'' (Paras 22 and 23 of 1st Report) (Presented on 15.3.1966) "The Committee observes that no uniform practice is followed in this regard. The Committee also feels that it would defeat the very objective underlying the requirement of previous publication of a draft 'Order' if that requirement is treated merely as a formality and adequate opportunity is not given to the persons likely to be affected by that 'Order' to go through it and offer comments thereon. To ensure that this legal requirement is fulfilled both in letter and spirit, the Committee is of the opinion that a minimum period of 30 clear days from the date of the Gazette in which the draft is published should be given to the public to send their comments on such a draft.'' (Para 8 of 6th Report) (Presented on 20.2.1969) X SCRUTINY OF NOTIFICATION BEFORE PUBLICATION "The Committee is not happy at the casual and belated manner in which the Ministries concerned had treated the communications sent to them on behalf of the Committee. They recommend:— (i) that Ministries should ensure that Notifications are properly scrutinised before these are sent to the press for publication in the Gazette; (ii) that steps should be taken to detect errors, clerical or otherwise as soon as 'orders' are published in the Gazette and no time should be lost in rectifying them by issuing suitable corrigenda; and (iii) that Ministries should expeditiously reply to the references made to them on behalf of the Committee.'' (Para 6 of 2nd Report) (Presented on 6.4.1967) "In the opinion of the Committee, every Notification should be assigned a distinctive number in order to give 13 it a separate identity and similarly, no notification should be published/laid which does not carry a notification number. The Committee expects all Ministries/Departments of Government of India to exercise caution in this regard. In case where there are more than one notifications under a single file, the Ministries/Departments should ensure that the file number on each notification should be suitably distinguished from one another. The Committee also impresses upon the Ministry of Urban Development to take care of these aspects and ensure that all rules/regulations published by them in the Gazette of India do carry distinct notification/file numbers so that they are identifiable at a later stage.'' (Para 5 of 152nd Report) (Presented on 26.8.2004) XI INCORPORATION OF CORRECTIONS IN THE AUTHENTICATED COPIES OF NOTIFICATIONS INTENDED FOR LAYING ON THE TABLE OF THE HOUSE "It has been observed that on many occasions, Ministries of the Government of India send to the Rajya Sabha Secretariat copies of Statutory Rules etc. duly authenticated by the Ministers concerned, for laying on the Table of the Rajya Sabha, along with copies of corrigenda to such rules. The corrigenda are also duly authenticated. Although corrigenda are not required to be laid on the Table under the relevant provision of the Act pursuant to which the Rules are made, the same are nonetheless laid along with the original rules; and a separate entry is also made to that effect in the List of Business of the day. The Committee desires that for the convenience of the public and Members, Ministers should henceforth send copies of 'order' duly authenticated by the Ministers concerned, incorporating therein all the corrections and amendments issued till the date of laying such 'orders' instead of laying the uncorrected copy along with corrigenda. The Committee feels that to obviate any legal or technical difficulty, Ministries should examine whether there is any necessity of assigning a separate G.S.R. No. to a corrigendum at the time of its publication in the Gazette and whether such a corrigendum should not be published without assigning any G.S.R. no. The Committee would, therefore, like to impress upon all Ministries of the Government of India that the present practice of laying the rules without incorporating corrigenda in the body of the rules is not a healthy one. The Committee hopes that the Ministries will ensure supply of only corrected copies of the rules for laying on the Table so that they depict a true and correct picture and serve the desired purpose.” (Paras 48 and 53 of 17th Report) (Presented on 21.12.1974) XII FUNCTIONING OF DEPARTMENTAL PROMOTION COMMITTEES "The Committee finds that the Departmental Promotion Committees play significant role in the career of the service personnel. The Committee is astonished to learn that the Departmental Promotion Committees which are generally required to meet every year do not meet for years as a result of which service personnel suffer as these cases are not regularized. The Committee feels that the Ministry of Home Affairs should take such steps as it may deem proper to ensure that all the Ministries and Departments of the Government of India including the Union Territory Administrations adhere to the guidelines issued by them in regard to the meetings of Departmental Promotion Committees and in case of failure, strong 'action should be taken against the erring Department/Ministry' or the Union Territory Administration. Strict compliance of the guidelines and instructions issued by the Department of Personnel and Administrative Reforms should not be left to the concerned Ministries/Departments. A constant vigil is needed in this regard. At the same time the Committee would like to stress that the role of the Departmental Promotion Committees in various Ministries/Departments should be periodically reviewed to ensure that they do not go into tasks not assigned to them or assume powers that might come in the way of the smooth discharge of duties by service personnel. The burden on the Government, particularly the Department of Personnel is thus heavy to ensure that the service personnel work in an atmosphere free from fear and favour.” (Para 17 of 38th Report) (Presented on 28.3.1980) 14
XIII POSTING OF SUBORDINATE LEGISLATION ON THE WEBSITE OF RESPECTIVE MINISTRY/DEPARTMENT "The Committee would like to take this opportunity to recommend that Ministries, as part of their e-governance initiative, put all subordinate legislation on their websites, preferably bilingually. The Committee further recommends on that the Ministry of Information Technology immediately develop standard application software with an Internet interface for use in all Ministries, which will provide a searchable database of subordinate legislation linked to the principal Acts administered by the respective Ministry.'' (Para 10 of 135th Report) (Presented on 27.7.2001) XIV GENERAL OBSERVATIONS AND RECOMMENDATIONS (i) "The Committee observes from their study of the various factors contributing to delay in making rules and regulations under the various Acts of Parliament, that the one main factor for the delay has been the involvement of various Ministries/Bodies/Departments for consultation in framing, vetting and finalisation of the rules, etc. It has been brought to the notice of the Committee by the concerned Ministries that correspondence between different departments consumes lot of time. In this context, the Committee recommends that in such cases where multiple agencies are involved in the matter of finalisation of rules, the practice should be to call the representatives of all the concerned Ministries, Departments etc., simultaneously, round the table, for discussion instead of writing to one authority or the other. Such a meeting may be repeated, if necessary, for speedy decisions and expeditious finalisation of the rules and regulations. The Committee has also observed that some of the Ministries, such as, the Ministry of Defence come with the plea that rules and regulations under various provisions of the Acts are not framed as they are not considered necessary because substantive alternative provisions are available in the respective Acts themselves. This, to an extent, attributes redundancy to the provisions in the Acts requiring the Government to frame rules and regulations to carry out the purposes of law. On a thorough examination of such cases, it transpires that the various substantive provisions in the Acts in several cases are not adequate so as to do away with the need for rules. No legislation can be comprehensive enough so as to provide for each and every situation. The rule making provisions are placed in the acts to provide for detailed procedure for dealing with such contingencies, in the absence of which discretion is left at the disposal of the regulating authority. The Committee strongly detests this attitude of the Ministries/Departments and recommends that rules and regulations as specifically provided under the various Acts should invariably be made at the earliest and in no case later than the prescribed period of six months of the enactment of the law.” (Paras 116 to 119 of 57th Report) (Presented on 22.12.1983) (ii) IMPLEMENTATION OF RECOMMENDATIONS MADE BY THE COMMITTEE INSTRUCTIONS ISSUED BY THE MINISTRY OF HOME AFFAIRS ON 21.5.1980 The Ministry of Home Affairs compiled instructions with a view to avoiding delay in framing of rules/regulations etc. under a statute and in implementations of recommendations made by the Committee. The said instructions were circulated to the various sections in that Ministry for guidance. The Ministry's circular dated the 21st May, 1980 was as follows:— "The Committee on Subordinate Legislation is appointed by the Speaker/Chairman of Lok Sabha/Rajya Sabha and its main function is to scrutinise and report to the House whether the powers to make rules/regulations etc. conferred by the Constitution or delegated by Parliament are being properly exercised within such delegation. 15
The Committee also scrutinizes all 'orders' made by the Government of India or by any other subordinate authority ultimately responsible to the Government and which are published in the Gazette or laid on the Table of the House. Recommendations of the Committees on Subordinate legislation of both Houses of Parliament regarding:— (i) delay in framing of rules/regulations under a statute and (ii) delay in implementation of recommendations made in their various reports Presented to Parliament have been circulated from time to time. For facility of ready reference, these recommendations have been consolidated and are circulated for information and guidance as under:— I. Framing of Rules/Regulations: (i) The rules/regulations required to be made under a Statute should be framed as soon as possible but in no case later than six months from the date from which the Statute comes into force. (ii) In case the rules/regulations have not been framed under a Statute within the time prescribed, the Committee on Subordinate Legislation (of both Houses of Parliament) should be approached for extension of time. While seeking extension of time full facts should be given justifying the extension asked for. (iii) Very often delay occurs in framing of the recruitment rules for service/posts. At times the different service/posts continue to be regulated by draft recruitment rules or executive order for a long time. The draft recruitment rules or executive instructions are no substitute for statutory recruitment rules framed under proviso to article 309 of the constitution as unlike statutory rules they are not published in the gazette and do not come to the notice of public at large. The Committee are also unable to examine draft recruitment rules or executive instructions with a view to see whether any provisions therein can be so used by the executive as to favour or discriminate against an individual. The absence of statutory rules may also lead to discontentment among the persons who may be or are likely to be adversely affected as a result of such absence. (iv) To avoid delay in framing of recruitment rules the sections could, to start with frame broad but clear rules; they need not wait to frame all the rules on a particular subject in one installment especially when various authorities/bodies have to be consulted in the matter. Such rules should be amended early subsequently on the basis of experience. It is recognised that rules should be as perfect as possible, but this perfection should not be at the cost of expedition. If the rules are not framed with in a period of six months, the Home Secretary is to be informed accordingly by the Parliament Section who in turn is to inform the Minister and obtain his orders thereon. It may be mentioned that for any non-compliance or execessive delay in compliance with the provisions of a Statute the Minister is answerable to the House and if this course is adopted, the cases of abnormal delay will definitely lessen. (v) In order to enable the Parliament Section to keep a watch on framing of rules, a quaterly report as in proforma pertaining to the period ending 31st March, 30th June, 30th September and 31st December should be sent to the Parliament Section by the 5th of the following month. II. Retrospective effect to Rules: (i) As a general rule, retrospective effect should not be given to any subsidiary legislation unless the Act under which it is made either expressly or by necessary implication permits. (ii) If owing to unavoidable circumstances, it is necessary to give restrospective effect to any particular rule, a Memorandum explaining the reasons which necessitated the restrospective operation of the rule should be published separately along with the notification whereby the rule is made. But such explanatory memorandum should not from part of the rule. The explanatory memorandum should state that the interest of no one would be prejudicially affected by reasons of the retrospective operation of the rule. The recommendation regarding giving of explanatory note in cases of retrospective effect, had been made not because of any legal necessity but because of propriety and check on abuse of power. (iii) In cases, where the original rules do not provide for giving of retrospective effect but retrospective effect is to be given due to unavoidable circumstances immediate action should be taken to clothe it with legal sanction for the purpose. 16
III. Publication of Statutory Rule under various Acts: (i) The notification containing statutory rules and other should be published in appropriate part and section of the Gazette. Each notification should bear separate S.R.O. number.The notification should be serially numbered from year to year with a distinctive prefix. (ii) Short title to the rules, whether principal or amending is very essential for facility of reference and framing by all concerned and should be given. (iii) All amendments to rules etc. should be serially numbered and the short title of each amendment should show the relevant serial number and the year of making. Whenever there are extensive amendments to any rules, the rules should be reprinted in full as amended. (iv) Amendments to the same rules should be published in the Gazette bearing the order number in the same sequence as assigned to the amendments. (v) When an amendment is proposed to meet the objection raised by the Committee on Subordinate Legislation, such an amendment should be issued only after the committee have finaly cleared the case. (vi) The authority giving power to make rules should be specifically cited in the preamble to the rules. (vii) Corrigenda to statutory rules etc. should be published within 30 days of the publication of rules. After the rules/regulations etc. have been published in the Gazette, Sections should take immediate steps to examine whether the same have been correctly printed and if necessary, to issue corrigendum thereto. (viii) Whenever rules framed by Government under any act are laid on the Table of the House, explanatory notes may be attached to the more complicated and important rules without their forming part of the rules. Simple and self-explanatory rules do not require any explanatory notes. When new rules amending the original rules are laid on the Table of the House, the relevant extracts from the original rules should also be appended to such rules. (ix) For removal of lacunae in Acts, recourse should not be taken to achieve the objects by amending the rules. (x) The statutory rules and orders of concern and importance to the general public and particularly those of local importance should be published in the State Gazette as soon as possible after their publication in the Central Gazette. The State Government may be requested to translate and publish such rules in regional languages whenever they think it useful to do so. Press communiques should be issued to explain the general purport and effect of the more important rules and orders. (xi) Where rules are subject to the condition of previous publication, the sections should allow 45 days (30 days in the case of Rajya Sabha) from the date of publication of Gazette for inviting comments/ objections from the public. The particulars regarding (a) the date of the Gazette in which draft rules were published, (b) the date on which the Gazette copies containing the draft rules were made available to the public, and (c) the last date fixed for receipt of public comments thereon, should specifically be mentioned in the preamble to the final rules. (xii) While framing Subordinate Legislation, if it is necessary to refer to other rules, they should invariably mention the precise names of such rules, so that the public are not kept gussing as to the identity of the rules to which a reference has been made. IV. Implementation of the Recommendations of the Committee: (i) After a recommendation of the Committee is communicated to the section, it should, within a month of such recommendation intimate to the Committee the acceptance or otherwise of the recommendation. (ii) In case of accepted recommendations or assurances and undertakings given to the Committee, the Section should implement them within three months from the date of intimation of recommendation. (iii) In case where preliminary procedure like consultation with other bodies, inviting public comments etc. have to be gone through within three months under a Statute or otherwise, this period may be extended by another three months. 17
(iv) In a case, all accepted recommendations should be implemented within six months. (v) In a case where the Section is definitely of the view that the period of six months is insufficient for finalisation of action, it should approach the Committee within three months of the date of intimation of the recommendation so that the Committee may consider its difficulties, if any. (vi) In case the Section has some views to offer on recommendation or in case a recommendation could not be implemented for any reason, the Section should communicate the same to the Committee within three months. V. Communications addressed to the Committee: (i) Communications furnishing information on points raised by the Committee should ordinarily be signed by an officer not below the rank of Deputy Secretary. (ii) Communications intimating action taken on the recommendations of the Committee should be signed by an officer not below the rank of Joint Secretary. (iii) In cases where the recommendations of the Committee are not accepted by Government, the reply of the Ministry/Department should have the approval of the Minister concerned and it should be so stated in the said reply." The Committee notes that as a result of its exercise pinpointing instances of delay in various Ministries, the Ministry of Home Affairs have issued exhaustive instructions concerning elimination of delays in framing of rules and implemention of the recommendations made by the Committee. The Committee hopes that all other Ministries will also follow suit. (Paras 48-49 of 41st Report) (Presented on 7.7.1980) SCRUTINY OF RULES FRAMED UNDER REGULATIONS MADE BY THE PRESIDENT UNDER ARTICLE 240 (iii) "The Committee notes that the Ministry of Law shares the view of the Committee on the need for scrutiny of rules framed by the Union Territory Administrations in pursuance of regulations made by the President under Article 240 of the Constitution. The Committee also notes with satisfaction that the representatives of the Ministry of Home Affairs also concurred in the view and offered to make copies of rules available for scrutiny by the Committee. The Committee, therefore, decides that the rules framed under the regulations made by the President under Article 240 will henceforth be subject to its scrutiny." (Para 11 of 41st Report) (Presented on 7.7.1980) Annexure-1.3 REGISTER FOR LAYING OF RULES/NOTIFICATIONS
Sl. No. SR/SO No. & Short Ministry/Department Laying Date of Date Title Provision laying
18 Annexure-1.4 REGISTER OF SUBORDINATE LEGISLATION (MINISTRY-WISE) Ministry
Folder Name Sections Date & No. of Date on Report No. & Date No. of Act under Notification of which laid of Presentation if which rules reported rules to be framed
19 Annexure-1.5 NAME OF MINISTRY Report for the year
Sl. Name of Section under No. & Date of Reason for not notifying No. Act (Act which Rule Rule alongwith Rules within 6 months No. & making short title period in case Rules Year) powers given not notified
20 Annexure-1.6 QUARTERLY REPORT OF THE COMMITTEE SECTION ON SUBORDINATE LEGISLATION
Sl. No. Name of Title of Administrative Date of Action Progress of Current Rule under Principal Ministry/ Identifi- Taken Action Status examination Act Department cation during the quarter
21 Annexure-1.7 REGISTER OF FILES FOR RECORD No. & Name of Head No. & Name of Sub-head
Sl. File No. Subject Date of Retention Date of sending Record No. & Year Closing File Category to Record Room Room S. No.
22 CHAPTER-II COMMITTEE SECTION (PETITIONS) 2.1 Responsibilities, Main Functions and Systems of Working 2.1.1 Main Responsibility: Committee Section (Petitions) is responsible for the following items of work:— (i) Providing Secretarial assistance to the Committee on Petitions, General Purposes Committee and such other ad-hoc Committees as may be assigned to this Section from time to time, which involves issuance of notices for convening their meetings, preparation of agenda papers/memoranda/background notes/ questionnaire/opening remarks for the Chairman of the Committee/minutes/draft reports, etc. for the respective Committees; (ii) Examination of petitions received for presentation or reporting to the Rajya Sabha, in accordance with the provisions contained in Chapter X of the Rules of Procedure and Conduct of Business in the Council of States; and (iii) Processing of representations received from different quarters and wherever required forwarding the same to the Ministries/Departments and Chief Secretaries of the States concerned for necessary action. 2.1.2 Work Relating to Representations: This Section scrutinizes representations received from individuals/organizations on their individual/collective concerns and in cases where it is considered that the matter(s) raised in the representations is fit to be brought to the notice of the concerned Ministry/Department/State Government; it is forwarded to that Ministry/Department/State Government for appropriate action thereon, under intimation to the individual concerned. 2.1.3 Work Relating to Petitions: The functions of the Committee on Petitions are (i) to examine every petition referred to it; (ii) to report to the House on specific complaints made therein after taking such evidence as it deems fit and to suggest remedial measures either in a concrete form applicable to the case under review or to prevent such cases in future. The petitions are examined with a view to determine their admissibility in accordance with Chapter X (Rules 138-143) of the Rules of Procedure and Conduct of Business in the Rajya Sabha. Initially, the first level of scrutiny with regard to format, description of petitioner, his/her signature, address and scope of petition and admissibility, is done soon after receipt of petition. After ensuring that a petition conforms to these basic parameters, the same is forwarded to the concerned Ministry for their comments. This is done essentially to ascertain whether (a) it raises matters not primarily the concern of the Government of India and (b) it falls within the cognizance of a court of law. After comments of concerned Ministry/Department are received, the petition is processed in the light of comments and its merit and submitted to Hon'ble Chairman through the Joint Secretary and Secretary-General after examination on file, for obtaining his consent under Rule 137 or otherwise. If the petition is admitted by Hon'ble Chairman, Rajya Sabha, and he grants his consent, the Member who has countersigned the petition, presents it in the House on a date convenient to him and an item to that effect is included in the List of Business of the day for the presentation of the petition. The presentation item is listed immediately after papers are laid on the Table. Under Rule 145, a petition may also be forwarded to the Secretary-General in which case the fact has to be reported by Secretary- General to the Rajya Sabha after the petition is admitted by Hon'ble Chairman under Rule 137. In case, a petition is not admitted, the petitioner is informed of the reasons in brief and in case it is countersigned by a Member, an intimation is also sent to him. As soon as a petition is Presented or submitted to the Council, it stands referred to the Committee. Thereafter the Petition is entered in the Petitions Register and allotted a number. The format of the Register is as follows: Sl. No. Name of Countersigned Subject in Date of Report No. & of Principal by M.P. (Rajya brief admission Date of Petition Petitioner Sabha) presentation of and Year Report
23 24
After entry of a Petition in the Petitions Register, the date and time of a sitting of the Committee on Petitions is fixed in consultation with the Chairman of the Committee and notice thereof along with the agenda, is circulated to the Members of the Committee. A copy of the petition, together with facts or comments on the petition, wherever obtained from the Ministry concerned, is circulated to the Members of the Committee. As per the practice, the petitioner(s) is given the first opportunity to depose before the Committee. Witnesses, including the representatives of the Ministries/Departments concerned with the subject matter of the petition and other stakeholders may then be called for tendering oral evidence in the subsequent meetings. A verbatim record of oral evidence in each of the meetings is kept. The Section also prepares Minutes covering major issues deliberated upon and important decisions taken in respect of each sitting of the Committee. The procedure for Committee meetings, study visits, drafting of reports, etc. is mentioned in Chapter 2 of this SMOP under the head 'Common Procedure'. As soon as possible, after presentation of the Report to the House, copies thereof (in English and Hindi) are circulated to the Members of the House through the Publications Counter of the Rajya Sabha. A copy of the Report is forwarded to the petitioner concerned. Copies of the Reports are also forwarded to the Ministry concerned, which is required to furnish to the Secretariat, within a period of six months from the date of presentation of the Report, a statement showing action taken by them on the recommendations made by the Committee in its Report. For this the Section has to monitor and if need be, send reminders to the Ministry concerned to submit the action taken by the scheduled time. Thereafter, the Action Taken Note/Statement so received is placed before the Committee for consideration in the form of a Memorandum prepared by the Section. Where a Ministry is not in a position to implement or express any difficulty in giving effect to any recommendation(s) made by the Committee, the views of the Ministry are placed before the Committee, which may, in necessary, present a fresh Report to the House, after considering the views of the Ministry and the merit of the issues in the petition. If the Committee feels that action has been taken satisfactorily by the Government on the recommendations by the Committee, it treats the matter as closed. 2.1.4 Work Relating to General Purposes Committee: Under Rule 278 of the Rules of Procedure, the General Purposes Committee is constituted from time to time. Hon'ble Chairman, Rajya Sabha is the ex-officio Chairman of the Committee and its Members include the Deputy Chairman, Members on the Panel of Vice-Chairmen, Chairmen of all Standing Parliamentary Committees of the Rajya Sabha, Leaders of recognized Parties and Groups in the Rajya Sabha and such other Members, as may be nominated by the Chairman. The Committee considers a variety of subjects of procedural, ceremonial and functional nature concerning the affairs of the Council is may be referred to it by the Chairman, Rajya Sabha, from time to time, which do not appropriately fall within the purview of any other Parliamentary Committee. This Section issues notices of meetings of the General Purposes Committee, coordinates the agenda and places the Memoranda received from various Sections before the Committee. The Committee may if it thinks fit, present a special report on any matter to the House. The Minutes of the meetings of the Committee, incorporating the decisions of the Committee are drawn up by the Section. After obtaining approval of Hon'ble Chairman, the Minutes are circulated to the Members of the Committee. Relevant extracts of the Minutes are also forwarded to Divisional Heads of the concerned Sections, for necessary follow up action on the observations/directions of the Committee. 2.1.5 Disposal of RTI applications: Committee Section (Petitions) receives several RTI applications which are to be examined and processed in accordance with the RTI Act, 2005 and Parliamentary Practice and Procedure and suitable replies forwarded to the CPIO, Rajya Sabha Secretariat in respect of each application. 2.2. Common Procedure Some practices, applicable to Committee Section (Petitions) and other House Standing Committee Sections are given below:— 2.2.1. Membership: The Committee on Petitions consists of 10 Members of the House while there is no fixed number of Members in the General Purposes Committee. Both Committees hold office until new Committees are constituted. Vacancies in the Committees are filled up by the Hon'ble Chairman. After nomination of Members by Hon'ble Chairman, the Committee Coordination Section issues a Parliamentary Bulletin Part-II and informs the Committee Section concerned which in turn inform the individual Members about their nomination to the Committee, both at their local and permanent addresses, through letters issued at the level of Deputy Director/Joint Director (specimen of letters at Annexures-2.1 & 2.2). 25
2.2.2. Notices of Meetings of Committee: Meetings of the Committees are fixed and agenda decided upon in consultation with the Chairman of the Committee. After the date and time of a meeting are decided, booking of the venue is done through Committee Coordination Section (Rajya Sabha Secretariat)/ General Works Branch (Lok Sabha Secretariat) which are the nodal Sections in both Secretariats for the purpose. After the date, time and venue are decided, the Members of the Committees are informed about the same at both local and permanent addresses by sending notices, e-mails and SMSs. A standard text as given in Annexure-2.3 is used while issuing notices. Time, date and venue of the meetings are also given on Rajya Sabha website through Committee Software. In case a meetings has been called at short notice, telegrams/SMSs are issued promptly. Members are also contacted over telephone. Meetings are not held between the hours of 11.00 AM to 3.00 PM on days when the House is sitting. During the Session, as far as possible meetings are held in Parliament House. On the day of the meeting, scrolls are run repeatedly on DD-Rajya Sabha for information of Members. Unless the Chairman, Rajya Sabha permits otherwise, a meeting of the Committee is held in the precincts of Parliament House. The notice in English and Hindi is issued, at local as well as permanent addresses in case the House is not in Session. The notice is also endorsed to all those agencies/offices involved in the arrangement of the meeting. A list of endorsements is given at Annexure-2.4. As soon as new Committee is constituted or a member nominated, the Committee Section obtains the details of local and permanent addresses, telephone numbers etc. from the intranet and Distribution Section and keep an updated list at all times. After the agenda is finalized, a detailed notice (specimen at Annexure-2.5) is issued a few days before the meeting indicating the agenda and enclosing therewith connected papers (in English and Hindi) at their local addresses. The Committee Section has to coordinate with the Translation Section to get the Hindi version of the papers ready in time. In exceptional cases, with the approval of the Chairman of the Committee, agenda papers or supplementary material may be handed over to members in the meeting itself. 2.2.3. Arrangements at meeting venue: On the day of the meeting, the Deputy Director/Committee Officer is required to reach the venue at least one hour before the start of the sitting and ensure that:— (i) The meeting venue is open and cleaned and all supporting systems (lighting, acoustics etc.) are functioning; (ii) Security Personnel is deployed at the main door of Committee Room to regulate authorized entry to the venue; (iii) Display board is put up at the entrance to the venue, for the convenience of members and the witnesses who may be deposing before the Committee so that they face no problem in gaining access to and locating the venue; (iv) Reporters/Interpreters are available (if their presence is required); (v) Nameplates of members, additional copies of agenda papers, supplementary material including Constitution of India, rules manuals, acts, reports etc. are available; (vi) The list of confirmation of members and official/non-official witnesses attending, is ready; (vii) The attendance sheet for members has been prepared, so that the signatures of members are obtained as soon as they arrive for the meeting; and (viii) Arrangements for refreshment are made. The Joint Director/Director will visit the venue half-an-hour before the meeting to check that all arrangements have been made satisfactorily. 2.2.4 Cancellation/Postponement: In case a scheduled meeting is cancelled or postponed, notice thereof shall be issued to all members with copies to all functionaries to whom the original notice was endorsed. In case a fresh date and time has been decided and the venue booked, the new date, time and venue may be indicated in this notice itself. In case the cancellation/postponement takes place at short notice, the Committee Officer/Staff shall inform all members telephonically and also sends SMSes. If the cancellation/postponement takes place at very short notice i.e. a few hours before the scheduled time, due to certain unforeseen circumstances, in addition to informing members and others through the standard procedure, information on that behalf shall also be displayed at the venue of the meeting and an official of the Section shall be present there at the appointed time in order to guide members who may not have received intimation. During Session period such cancellation/postponement are displayed on scrolls which are run repeatedly in DD-Rajya Sabha. The requests received from members for grant of TA/DA in the event of such cancellation/postponement are to be put up for orders of Hon'ble Chairman, as per procedure laid down. 26
2.2.5 Procedure during Meetings: Senior officers of the Secretariat will be in position at the venue of the meetings before its commencement and will take their places as soon as the Chairman arrives. Before and during the meeting it will be ensured that:— (i) Members are supplied with copies of agenda papers, if so requested; (ii) Chairman is briefed of particulars of witnesses and of important issues, if any; (iii) Chairman, and if required, the concerned member is advised of the factual, the Constitutional, or legal position, on any matter that may arise during discussion or evidence, in a discrete manner; and (iv) Before the conclusion of the sitting, directions of the Committee to the Secretariat have been adequately spelt out, which may help it in preparation of Minutes/Report. 2.2.6 Evidence of officials and non-officials: The Committee shall have to require the attendance of persons or the production of papers or records, if such a course is considered relevant and necessary for the discharge of its duties. Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purpose of the Committee, the question shall be referred to the Chairman whose decision shall be final. Subject to the above provisions, a witness may be summoned by the Committee and he shall produce such document as are required for the use of the Committee and it shall be the absolute discretion of the Committee to treat any evidence, oral or documentary, tendered before it as secret or confidential. 2.2.7 Evidence of State Government officials: Whenever it is felt necessary to invite an official of a State Government to appear as a witness before a Committee or to ask the State Government to produce a document or paper before the Committee, the orders of the Chairman, Rajya Sabha shall be obtained before the official or the State Government is asked to comply with the request. In case the Chairman decides that it is not necessary to summon a particular State Government official as a witness, or that the State Government need not be asked to produce a paper, document or record, the Chairman of the Committee concerned may, if he thinks necessary, apprise the Committee of the Chairman's decision (Direction of Chairman, Rajya Sabha published vide Rajya Sabha Bulletin Part-II dated 10.4.1984 & 28.1.1999). 2.2.8 Recording of evidence: Arrangements are made through the Verbatim Reporting Service of the Secretariat to record the verbatim proceedings of the Committee's deliberations whenever oral evidence of a witness is taken by the Committee. It is the discretion of the Committee to treat any evidence tendered before it as secret or confidential. When a witness appears before a Committee to give evidence, the Chairman makes it clear to him/her that the proceedings of the Committee are confidential and he/she should not divulge any part of the deliberations to an outsider unless the Committee has Presented its report and the relevant portion of the evidence given or any document presented, in the concerned meeting, has been included in report Presented to the House or laid on the Table separately. A witness appearing before a Committee is expected to behave in a dignified manner. Official witnesses in particular are required to observe the decorum specified in para 12.15 of the Manual of Parliamentary Procedures in the Government of India brought out by the Ministry of Parliamentary Affairs. Attention of all witnesses is invited to the requirement of decorum by either sending a copy of the points or explained to them when they personally come for evidence. The Committee may direct a Ministry/Department for the production of papers or record, if such a course is considered necessary for the discharge of its duties. However, Government may decline to produce a document on the ground that its disclosure would be prejudicial to the safety or interest of the State. A Committee may take evidence of experts or interested parties on its own initiative or on requests made. The witnesses who express their desire to appear before the Committee, shall supply at least two copies each in English and Hindi of written memoranda for circulation to the members of the Committee who may decide whether such witnesses should be called to appear before the Committee or not. A copy of the relevant portions of the verbatim proceedings of the sitting is forwarded to witnesses for confirmation and return by a fixed date. In case corrected copy of the proceedings is not returned by the specified date, the proceedings as recorded are treated as final. A witness may make neat and legible corrections in the verbatim proceedings in his own handwriting before returning them to the Committee Section in original within the specified time. Such corrections should, however, be confined to factual inaccuracies, which might have occurred in the process of reporting, but not for the purpose of changing the substance by addition and deletion or for improving the literary form of the deposition. Subject to the provisions of the Rules of Procedure, the Committee determines its own procedure in connection with all matters before it. A Statistical Abstract of the meetings is included in the Administrative Report for the year, giving the date, time, agenda and time taken in each meeting and the oral evidence, if any taken. 27
2.2.9 Drawing up of Minutes: As soon as possible after the meeting has concluded, the minutes thereof will be drawn up. To enable this to be done accurately, the officers/officials of the Committee Secretariat shall, during the meeting, record the points/ conclusions/decisions in respect of each item. The Minutes should normally record in brief the important points discussed and the decisions taken. Even if verbatim record is taken by the Reporters, the minutes should while mentioning this, nevertheless give the gist of the evidence and the conclusions/decisions. Draft minutes should normally be put up within five working days. The format of the minutes will be as follows:— (i) Recitation of the date, time, venue of the meeting and meeting number. (ii) Members present, witnesses present (if any) and Secretariat officials. (iii) Agenda , item-wise gist of discussion, ending with the conclusion/decision on each item. (iv) Time of adjournment and also the date of future meeting, if decided by the Committee. After approval of the minutes by the Committee Chairman, they are translated into Hindi and circulated to all members, generally along with notice of the next meeting. Minutes are to be considered confidential till such time as the Report on the matter (alongwith the minutes) is Presented to the House. The minutes of the meeting of the Committee are submitted to Hon'ble Chairman, Rajya Sabha as and when issued to the members, for his perusal. In case a meeting adjourns without transacting any business due to lack of quorum, only a Record Note of Discussion will be prepared, giving the names of members, Secretariat officials present, gist of discussion held and time of adjournment. 2.2.10 On-the-spot study tours by Committee: The Committee may undertake, with the approval of Hon'ble Chairman, Rajya Sabha, on-the-spot Study Tours of the institutions or bodies. The Committee undertakes such visits to provide an opportunity to the members of the Committee to have first hand knowledge about the affairs of the institutions/organizations and to interact with all stakeholders to enable them to appreciate the issues in a proper perspective so as keeping in view ground realities at the time of examining the subject-matter referred. In order that the information made available to the Committee, about a subject is objective, factually correct and balanced, the Committee during field visits also interact with Central and State Government officials and also with the district authorities. Once the Committee decides to undertake a visit, prior permission of Hon'ble Chairman, Rajya Sabha is required to be obtained in all cases. The Committee Chairman in his note seeking permission of Hon'ble Chairman, Rajya Sabha, mentions the necessity of the proposed visit, details of itinerary, dates of the visit, items to be discussed/ studied. Permission is also required to be taken if evidence of State Government Officials is to be recorded (Refer Part-II Bulletin dated 28.01.1999). In all such cases, the matter is put up on file by the Committee Section through the Joint Secretary and Secretary-General, for approval of Hon'ble Chairman. In case a study visit is postponed or cancelled, due to unavoidable circumstances, after Hon'ble Chairman's approval has been obtained, the Committee Chairman may make a separate request to Hon'ble Chairman for approval of the revised itinerary of the Committee's visit. As in other case, such requests are processed on file. As per Directions of Chairman, tours are to be avoided during the recess of the Budget Session in view of the important and time-bound business in Department-related Parliamentary Standing Committees. The Joint Secretary concerned shall ensure that a tour taking place after the issue of Summons for a Session does not impede the preparatory work for the Session. After permission of Hon'ble Chairman for a visit is obtained, a copy of the tentative tour programme as per sample at Annexure 2.6 shall be sent to the members of the Committee requesting them to intimate in writing about their willingness or otherwise to join the tour and also the details of their arrival/departure for the purpose. Relevant extract from the Guidelines issued by Hon'ble Chairman in consultation with Hon'ble Speaker, in connection with tours by Parliamentary Committees, shall be sent to the members for information. The concerned nodal Ministry/Department is also informed about Committee's visit for making arrangements for transport, board and lodging as per the Guidelines for bearing expenditure in connection with tours of Parliamentary Committees. They are also requested to submit the following papers to the Committee Secretariat for the use of Members of the Committee and Officials:— (i) Copies, both in English and Hindi, of brief notes on the organization to visited; (ii) Ten copies of Annual Report/Audited Accounts; 28
(iii) Detailed Note on the issue under examination; (iv) The names of the Liaison Officers at the respective places of visit; (v) Confirmation about board, lodging and other arrangements; (vi) Arrangements made for the Reception/Departure of members and Officers at the Railway Stations and Airports. Once all the arrangements with regard to the visit have been firmed up in coordination with the nodal Ministry/ Department, a minute-to-minute programme and details of stay and liaison officials are circulated to members as per samples at Annexures 2.7 & 2.8. The Ministry of Railway (Railway Board) is approached, if required, to make arrangements for reservations of seats/berths for members and Officers accompanying the Committee, as per programme. Airlines authorities are also requested, if required, to reserve seats in the flights, as per the tour programme. They are also requested to issue instructions to the concerned Station Superintendents and officers-in-charge of the concerned Airport to make necessary arrangements. The nodal Ministry is requested to ensure that reservations for accommodation and arrangement of transport and liaison are made for Members and Officers, in advance of the actual date of commencement of the visit at the station where the Committee proposes to assemble. Under the rules, the members are entitled to reach two days in advance of the commencement of the tour and disperse two days after its conclusion. The composition of the office team to accompany the Committee on its visit along with their travel plan are approved on file by Secretary-General and proposals in that regard are put up through the concerned Joint Secretary. It is the prerogative of the Chairman of the Committee take along with him on Committee tour, an official from his personal staff, for which he sends a request to the SG for approval. The Director/Joint Director, Deputy Director/ Committee Officer and one Dealing Assistant normally form part of the team. The team shall not exceed three in any case. Prior permission to perform forward/return/intermediate journeys by a class higher than the entitlement of an Official, if necessary, must be obtained from Secretary-General, citing cogent reasons. The Committee Secretariat may issue Press Release for public hearing during its study tour, in the local print and electronic media. Subject to the direction of the Chairman of the Committee, a press conference or briefing about the Committee's visit may be arranged by the Committee Section. Officials accompanying the Committee are expected to ensure following logistic support system at place of stay/visit of the Committee:— (i) All arrangements for the tour viz., places to be visited, transport arrangements, place of stay, etc. (ii) Arrangements during the tour should be dignified but not ostentatious. Officials must exercise due economy. (iii) The officials of the Secretariat will keep in close touch with the designated Liaison Officer and reach the place on the day of the assembly. If necessary, an advance party may be sent at the place of the assembly. (iv) The Liaison Officers designated by organizations concerned should be contacted by the Secretariat officials as soon as they reach the place of visit to make sure that all necessary arrangements have been made. (v) The officials will keep with them the arrival plans intimated by the members, and intimate the Liaison Officers to facilitate their reception at the railway station/airport and transport to the place of stay. (vi) Throughout the tour, they should see that proper arrangements are made for members of the Committee by the organization to whom instructions would have already been issued by the Committee Secretariat. (vii) The officials will contact the members to ascertain their departure programmes and facilitate bookings through the Liaison Officers by issuing Exchange Order Forms (to be brought with them), if necessary. For this, the Committee Section shall maintain a register indicating the particulars of Exchange Order Forms issued to the members while on tour and after the return from the tour, intimate the Members' Salary and Allowances Section accordingly. 29
The following instructions are also to be observed by the officials accompanying the Committee to ensure proper conduct of the study visit/meeting:— (i) The background papers in English and Hindi must be received in sufficient number and circulated to members. (ii) Transport arrangements to the venue and seating and other arrangements at the venue must be checked to ensure that the Committee's deliberations are held smoothly. (iii) In case additional information is desired by a member before or during discussions, the same should be made available as soon as possible. (iv) The officials should make themselves fully conversant with the subject under discussion, brief the Chairman before the meeting, maintain notes of discussions and the points requiring follow up. On return from study visits, the officials accompanying the Committee prepare the tour notes mentioning briefly the important points emerging out of discussion as well as points on which further information may be required. The note is circulated to members of the Committee for their information, and action initiated for follow up by the Secretariat on issues arising out of the visit. A copy of the note is attached to the Report of the Committee. A tabular statement summarising the tours undertaken is included in the Administrative Report for the year. The bills relating to expenditure on board, lodging and transport, etc. for members and officers accompanying the Parliamentary Committees during their study visits would be settled as per the Guidelines regarding bearing of expenditure on Study Tours of Parliamentary Committees issued by the Rajya Sabha/Lok Sabha Secretariat (Vide Bulletin Part-II dated 18.05.2005). 2.2.11 Preparation, Publication and Printing of the Report: A Draft Report of the Committee is prepared by Committee Section on the basis of minutes, memoranda, replies to the questionnaire, information and evidence tendered during proceedings. The draft is to be prepared based on the deliberations in the Committee and instructions of the Chairman of the Committee. The chapters and paragraphs will be properly numbered and cross-referenced. It must be ensured that the report is drafted in such a way that the recommendations of the Report:— (i) conform to the mandate of the Committee; (ii) are in consonance with the provisions of the Constitution; (iii) are specific and to the point and not so general as to make compliance difficult; and (iv) are free from factual errors. For convenience and ease of reading, the observations and recommendations are typed in bold in the text and the recommendations extracted as a separate chapter at the end of the report. The draft is put up on file for approval of the Committee Chairman through the Joint Secretary. Date of meeting for considerations and adoption of the Draft Report by the Committee is then decided. Copies of the Draft Report in English and Hindi are circulated to the members of the Committee sufficiently in advance of the date on which it is to be considered and adopted. The Draft Report is considered paragraph by paragraph and approved, with amendments, if any, by the Committee. After the Report has been adopted by the Committee, the amendments, if any, are carried out in the Report and approved by the Chairman. The Committee also fixes a date for the presentation of the report to the House and authorizes the Chairman and in his absence, two other members for the purpose. The Report will generally be arranged in the following order:— (i) Table of Contents (ii) Composition of the Committee including period of membership and of its Secretariat (iii) Introduction/Preface (iv) Report (comprising one or more chapters each devoted to a specific issue) (v) Observations/Recommendations at a glance (vi) Appendices to the Report (including Minutes of Meetings, tour notes, petition, etc.) (vii) Annexures. 30
The Chairman of the Committee has the power to correct patent errors or matters of factual nature in the Report, adopted by the Committee, before its presentation to the House. Three copies of the Report (English version) are prepared by the Section, one copy is sent to the Printing Section for printing and the second copy is sent to the Translation Section for providing the Hindi version and on receipt it is forwarded to the Printing Section. Where it is anticipated that the Report is likely to be Presented at short notice, Draft Report in advance is sent to the Translation Section and final hand corrected manuscript forwarded later to enable finalization of the translation. Three copies each in English and Hindi of the Report are got authenticated by the Chairman for presentation to the House. Photocopies of the Reports are made available to theTable Office along with two authenticated copies in English and Hindi for presentation in the House. On the day of presentation of report, sufficient copies thereof may be made available for the Press & Media Unit, Lobbies and Publications Counter, Rajya Sabha. The Report is ordinarily Presented to the House by the Chairman but if he is unable to do so, one of the members of the Committee, who may be authorized by the Committee, may present the Report to the House. After presentation of the Report to the House, a Press Release containing the observations/recommendations of the Committe may also be issued to the print and electronic media. Two copies (each in English and Hindi) of the Report are sent to the Ministry/Department concerned and a copy of the Report shall also be forwarded to the petitioner concerned. The Section is also responsible for uploading a copy of the report on the Rajya Sabha website. Copies of the Report are made available to the Members of the Rajya Sabha through the Publications Counter, after printing. Copies of the printed Report are supplied to the Parliament Library and different agencies. A copy each of the printed Report is also sent to the petitioner as well as the nodal Ministry/Department. As far as possible, the Report, at least the English version, shall be prepared electronically. If a portion of a Report cannot be rendered in electronic form and the Report or a part of it has to be sent to the Press as a manuscript through Printing Section, which will obtain back the complete text along with the electronic text from the Government of India Press and send the text to the Committee Section for linking to the Internet through Committee software. 2.2.12 Action Taken Reports: As soon as the Report of a Committee is Presented to the House, the Ministry/Department concerned is asked to submit an Action Taken Reply in English and Hindi within six months. In cases where a Ministry is not in a position to implement or, feels any difficulty in giving effect to a recommendation made by the Committee, orders of the Ministry concerned are required to be obtained before the reasons are communicated to the Committee/Secretariat. The reply of the Ministry is required to be in annotated form, i.e. para-wise in respect of each recommendation/ observation. The Action Taken replies received from the Ministry are examined and where it is found that full effect has not been given to a recommendation or the Ministry has not addressed the reasons why it does not intend to give effect to the recommendation, the matter is submitted as a self-contained Memorandum to the Committee along with draft comments, for its consideration. Observations of the Committee on such items are then included into a separate 'Action Taken Report' and Presented to the House in a manner similar as in the case of other Reports. 2.2.13 TA/DA Bills of the Committee and the Secretariat: As soon as a meeting is over, the attendance sheet along with a copy of the notice of the meeting is sent to MS&A Section for facilitating payment of TA/DA Bills of Members. In respect of payment of TA/DA to non-official witnesses, orders of the competent authority are obtained by the Committee Section and sent along with a certificate of attendance. 2.2.14 Allocation of Budgetary Grant and updating of Budgetary position: Before the beginning of the each financial year, MS&A Section seeks Revised Estimates of the current financial year and the Budget Estimates for the next financial year. Thereafter, budgetary grants for the current financial year are provided under the Head 02 00 20—Other Administrative Expenses— Members, by MS&A Section to the Committee Section (Petitions) on the basis of information furnished by the Section, to defray the expenses incurred 31 for serving refreshment/lunch in the official meetings of the Committee on Petitions and General Purposes Committee and on the refreshment to be served in the office of the Chairman, Committee on Petitions, during the financial year. Bills received in the Section from the Northern Railway Catering Service regarding serving of refreshments/lunch are settled from time-to-time with the approval of the DD/JD/Director/Joint Secretary. The updated budgetary position is periodically provided to MS&A Section and Estt. (A/Cs) and Budget Section. 2.2.15 Miscellaneous Work: The Committee Section also performs the following functions while rendering secretarial assistance to the Committee:— (i) handle correspondence with the Ministries/Departments concerned; (ii) furnish information on matters relating to the Committee to different Sections/Branches of Rajya Sabha/ Lok Sabha Secretariats and the agencies outside; (iii) issue errata/corrigenda to the printed Reports; (iv) circulate printed copies of the Reports to State Legislatures, important libraries and other institutions/ establishments included in the mailing list of the Secretariat; (v) prepare estimates of expenditure of the Section, to be incurred on refreshments/lunches to be served to the Committee and also on binding of records etc; (vi) process Railway Catering Bills for refreshments/lunches served to the members during the course of meetings of the Committee; (vii) maintain records including files, Reports of the Committee, minutes of the meetings of the Committee, verbatim record of evidence tendered before the Committee; retain them as per instructions and weeding out records of ephemeral nature after taking orders from the competent authority; (viii) maintain record of officials of the Section in respect of Casual Leave, Restricted Holidays, Compensatory leave, OTA/honorarium; and (ix) prepare Annual Action Plan and its review on quarterly basis to ensure its implementation. 2.3 Internal Rules The Committee on Petitions is governed by Rules 147—153 of the Rules of Procedure and Conduct of Business in the Rajya Sabha. On 22nd June, 1976, the Chairman, Rajya Sabha issued a direction to the Committee enabling it to frame rules for its internal working. The Committee at its sitting held on 30th August, 1976 adopted a set of rules for its internal working. Rules for the internal working of the Committee are reproduced below:— (i) After the presentation or reporting of a petition to the Council, the Secretariat shall circulate a copy of the petition to the members of the Committee for their information together with facts or comments on the petition, wherever obtained from the Ministry concerned. (ii) When the date and time of a sitting of the Committee have been fixed, notice thereof along with the agenda shall be circulated to the members of the Committee. (iii) The papers circulated to the Committee shall be treated as confidential and the contents thereof shall not be divulged to anyone without the permission of the Chairman of the Committee. (iv) A member, who is not a member of the Committee, may be invited to attend a sitting of the Committee, under the orders of the Chairman of the Committee, but he shall not be entitled to vote. (v) A record of proceedings of each sitting of the Committee shall be kept. (vi) The Secretariat shall prepare minutes of each sitting of the Committee. (vii) The fact that evidence was given before the Committee shall be mentioned in the minutes of the relevant sitting. (viii) The minutes of each sitting of the Committee shall be circulated to the members of the Committee. (ix) Where the Committee so directs, the facts of the case or comments of the Ministry concerned on a petition shall be obtained by the Secretariat and placed before the Committee for its consideration. (x) The Secretariat shall prepare Draft Report of the Committee containing its recommendations which shall be placed before the Committee for its approval. (xi) The Report of the Committee shall be Presented to the Council by the Chairman or in his absence by any member of the Committee. 32
(xii) As soon as possible, after presentation of the Report to the Council, copies thereof shall be circulated to the Members of the Council along with the Minutes concerned. (xiii) A copy of the Report shall also be forwarded to the petitioner concerned: Provided that in case a petition is signed by more than one person, a copy of the Report shall be forwarded to the first signatory to the petition. (xiv) The Ministries shall furnish to the Secretariat, within a period of six months from the date of presentation of the report, statements showing action taken or proposed to be taken by them on the recommendations made by the Committee in its Reports. The information, so received, shall be placed before the Committee for consideration in the form of memoranda. (xv) Where any Ministry is not in a position to implement, or feels any difficulty in giving effect to, a recommendation made by the Committee, the views of the Ministry shall be placed before the Committee, who may, if necessary, present a further Report to the Council, after considering the views of the Ministry in the matter. 2.4 Practice and Precedents After a petition has been admitted by Hon'ble Chairman, Rajya Sabha, the Member who has counter-signed the petition, presents it in the House on a date convenient to him (Rule 145) and an item to that effect is included in the List of Business of the day for the presentation of the petition. The presentation item is listed immediately after 'Papers to be Laid on the Table'. Under the said Rule, a petition which is not counter-signed by a Member or in the event of non-availability of that Member, the fact has to be reported by him to the Rajya Sabha after the petition is processed for admission under Rule 137. In case, the petition is not admitted, the petitioner is informed of the reasons in brief. Ordinarily, the Report of the Committee is Presented to the Council but in case the Committee completes its Report when the Council is not in Session, the Chairman of the Committee may present it to the Chairman, Rajya Sabha in accordance with the Chairman, Rajya Sabha's Direction published in R.S. Bulletin Part-II dt 25.1.1996. In such cases, the Report is formally Presented to the Council during the next Session at the first convenient opportunity by the Chairman or in his absence by a member of the Committee. While presenting the Report, the Chairman or in his absence the member presenting the report shall confine himself to a brief statement to the effect that the Report was Presented to the Chairman when the Council was not in Session and that order for its printing, publication or circulation were given by the Chairman. The Committee on Petitions has in appropriate cases decided to issue a Press Release in the print and electronic media inviting memoranda from a wide cross-section of the society. For examples, on the petition praying for national debate and evolving consensus on the implementation of the policy for introduction of sex education in the CBSE affiliated Schools and holding back its introduction until them, the Committee, in response to a Press Release, received around 4,85,000 written memoranda. An Aide Memoire on the memoranda was prepared and forwarded to the Ministry concerned for appropriate action. The Committee seeks the help of the local print media and PIB during its field visits to obtain views of the public at large and also to facilitate interactions with the local stakeholders and others which further help the Committee to examine the subject in an effective manner. With a view to have wide ranging dialogue with members of the public, stakeholders, experts, representatives of various organizations, civil society activists, professionals, representatives of State Governments and district authorities et al. the Committee from time to time during its visit to State capitals and other places and hold 'open house' Sessions at designated venues or during impromptu stopovers at various locations, where stockholders are given opportunity to speak before the Committee on matter of the petition subject. The Committee has successfully completed such exercises with the help of concerned State Governments and district authorities. This practice enables the Committee to obtain direct feedback from the public. On occasions the Committee has also recorded oral evidence of witnesses while on tour. There have also been occasions when the Committee during its visits outside Delhi, have received mass petitions submitted on paper or on posture, expressing opinion on the subject under consideration of the Committee. 33
Such expression of opinion by the public on a subject helps the Committee in ascertaining public opinion. 2.5 Record Management Committee Section (Petitions) will maintain the following information:— 2.5.1 Register of Reports: Report Subject Date of Date of Action Taken Report, if any No. Adoption in Presentation with date of presentation of Committee report
2.5.2. Register of Meetings: Year______
Meeting No. Date & Location & Subject Evidence if Recorded Time Venue Discussed
2.5.3 Guard file of Committee and Sub-committee Membership: A separate folder will be opened whenever the Committee is constituted and the Bulletins/List of Membership will be placed in chronological order to provide instant information of the composition of the Committee on a given date. 2.5.4 Guard Files of Tours: The files will contain copies of all tour programmes of the Committee during the year and tour notes. 2.5.5 Guard Files on Settlement of Tour Bills: The files will contain names of the place visited, name of the nodal organization/Ministry, date of visit, sanction order no., total admissible amount incurred on any study visit of the Committee. 2.5.6 Guard File of Minutes: The Minutes of the meeting of the Committee are approved on individual files. A guard file of minutes is maintained which contains the minutes of various meetings of the Committee. As soon as the Committee is reconstituted, the guard file is stitched and a new guard file opened. 2.5.7 Register for Refreshments Ordered: Details of refreshments/lunch etc. ordered for the various meetings are entered and bills received are to be checked against this. The format of the Register is as follows:— Year
Sl. No. Date of Meetings Bill No. Date of Amount Sign. of C.O. Payment
In addition, the Committee Section will maintain specific registers and other information as per requirement. 2.5.8 Register for weeding out of old files and records: This register will contain file no. of weeded out files, their subject, classification and date of weeding out. 2.5.9 Register for TA/DA for non-official witnesses: This register will contain name of the non-official witnesses who appeared before the Committee, purpose of journey, detail of journey performed and amount which has been reimbursed. 2.5.10 Precedent Register: This register will contain all the important decisions/directions relating to the Committee for reference purposes. 2.5.11 Quarterly Statement on Petitions: A quarterly statement will be submitted by the Section on the following format: 34
Statement of Business Transacted Name of Committee
Sl. Pending Brief Date of Date of field Date of Reason for non- No. Petition Subject Meeting, if visit, if any Finalization finalization of No. and any during during if done Report pending Date quarter quarter over 6 months
2.5.12 Use of Committee Software: Special software has been developed for the use of all Committee Sections. All Committee Sections are required to generate notices of meetings, tour itinerary, Committee Reports and recommendations etc. using the software in order to capture the date into a comprehensive database which operates under client-server software with web- enabled outputs for use by all Committee Sections, members of Committee as well as the general public. The data parameter captured during the inputting includes the following:
Module Function/Purpose (i) Membership This records the names, addresses, telephones, period of membership of members of Committees and enables (i) Listing of Membership on a given date. (ii) Listing of addresses and phone numbers. (iii) Automatic e-mailing of notices etc. (ii) Meetings and Keeps track of dates, time, venue and agenda of meetings/tours and since it can be seen Tour Modules on Internet, is of use to members who may not have got intimation of a meeting or its cancellation. It is also useful to all Committee Sections to plan meetings/tours. (iii) Officers on Tour Enables Secretary-General and senior officers to know details of officers on tour with Committees during a given period, since data can be seen on Intranet. (iv) Committee's The recommendations made in Reports, as extracted in the last chapter of the Report are Recommendations copied and pasted into this module. This enables subsequent entry of Ministry's reply and Committee's observations, thus facilitating preparation of Action Taken Reports, since the material goes into the database, and there is a keyword -based search facility. Committee Sections (and others as well, since the data is available on Internet) will be able to locate recommendations of any Committee pertaining to a given subject. A separate Manual has been prepared for use in the Committee Sections to operate the software. Essentially the following processes must be done through the software to ensure that the data is captured:
Process Data Items captured in the Process (i) Constitution of Committee Names, party affiliation, State, address, telephone numbers and period of membership. (ii) Notices of meetings/tours cancella- Date, item, venue, agenda of meetings/tour (details of officers on tour tion, postponement, rescheduling and booking of Committee rooms will be available on Intranet only) etc. (also officers on tour and booking of rooms) (iii) Committee Minutes and Reports Minutes of meetings and Reports are stored systematically for access by the Section. Recommendations part of the Report is copied onto the recommendations module to enable key word search on Internet. Annexure-2.1 [email protected] No. RS 2(1)/2009-Com-II 24th September, 2009. Shri Bhagat Singh Koshyari, M.P., Sub: Nomination to the Committee on Petitions. Sir, I am directed to inform you that in terms of the provisions contained in sub-rule (1) of Rule 147 of the Rules of Procedure and Conduct of Business in the Council of States, the Committee on Petitions of the Rajya Sabha has been re-constituted by Hon'ble Chairman, Rajya Sabha w.e.f. 24th September, 2009. Hon'ble Chairman has nominated you to be a member of that Committee. 2. I am further to inform you that in terms of the provisions contained in sub-rule (1) of Rule 149, Hon'ble Chairman has also appointed you to be the Chairman of the Committee. 3. A list of members of the Committee is enclosed.
Yours faithfully,
(ASHOK KUMAR SAHOO) DEPUTY DIRECTOR Phone: 23034537 (O)
35 Annexure-2.2 [email protected] No. RS 2(1)/2009-Com-II 24th September, 2009. To Shri Nandi Yellaiah, MP Shri Vijay Jawaharlal Darda, MP Smt. Viplove Thakur, MP Shri Lalit Kishore Chaturvedi, MP Shri Moinul Hassan, MP Shri Bhagwati Singh, MP Shri Ambeth Rajan, MP Shri N.R. Govindarajar, MP Shri Sabir Ali, MP Sub: Nomination to the Committee on Petitions. Sir/Madam, I am directed to inform you that in terms of the provisions contained in sub-rule (1) of Rule 147 of the Rules of Procedure and Conduct of Business in the Council of States, the Committee on Petitions of the Rajya Sabha has been re-constituted by Hon'ble Chairman, Rajya Sabha w.e.f. 24th September, 2009. Hon'ble Chairman has nominated you to be a member of that Committee. 2. A list of members of the Committee is enclosed. Yours faithfully,
(ASHOK KUMAR SAHOO) DEPUTY DIRECTOR Phone: 23034537 (O)
36 Annexure-2.3 PARLIAMENT OF INDIA RAJYA SABHA SECRETARIAT (Committee on Petitions)
537, PHA, NEW DELHI Tel. 23034537 E-mail:[email protected] No. Rs.2(2)/2010-Com.II 4th January, 2010 NOTICE Members are informed that the next meeting of the Committee on Petitions of the Rajya Sabha will be held at 3.30 pm on Monday, the 18th January, 2010 in Room No. 63, First Floor, Parliament House, New Delhi. 2. Agenda for the meeting will be intimated in due course. 3. Members are requested to make it convenient to attend.
(J. SUNDRIYAL) DIRECTOR Phone: 23034541(O) Fax: 23012007 To The Chairman and Members of the Committee Both at local and permanent addresses on Petitions of Rajya Sabha.}
website: http://www.rajyasabha.nic.in
37 Annexure-2.4 RS. 2(2)/2010-Com-II Dated the 3rd February, 2010 Copy forwarded for information and necessary action to:— 1. O.S.D. to Hon'ble Chairman, Rajya Sabha 2. P.S. to Secretary-General, Rajya Sabha 3. P.S. to Secretary, Rajya Sabha Secretariat 4. P.S. to AS & FA 5. P.S. to AS (VG) 6. P.S. to All Joint Secretaries 7. *P.S. to Joint Secretary (C), (Room No. 525, PHA) 8. *P.S. to the Chairman, Committee on Petitions (Room No. I26-A, P.H.) 9. *Director (HRD), (Room No. 141, I-F, PHA) 10. *Joint Director (Petitions) (Room No. 168, I-F, PHA) 11. *Deputy Director (Petitions) (Room No. 222, II-F, PHA) 12. All Directors, Joint Directors and Deputy Directors of the Rajya Sabha Secretariat 13. Web Supervisor (Room No. 142, I-F, PHA) 14. Pay and Accounts Office, Rajya Sabha. 15. D.G.A.C.R. (CAP), New Delhi 16. Committee Sections-Subordinate Legislation, Government Assurances, COPLOT, MS&A Section, Notice Office, Committee Co-ordination Section, Ethics, MPLADS Committee and Stores Section. 17. Department-related Parliamentary Standing Committees on Commerce, Transport, Tourism & Culture, Human Resource Development, Home Affairs, Industry, Science & Technology Environment and Forests, Health and Family Welfare and Personnel, Public Grievances, Law & Justice. 18. Reception Office, Parliament House Annexe, Rajya Sabha Secretariat. 19. Assistant Director (Communication Unit), PHA. 20. Deputy Director (Security), Rajya Sabha Secretariat, Parliament House. 21. Director (Reporting) and Reporters’ Section with the request to provide verbatim record of the proceeding of the meeting. 22. Reporters’ Section, Room No. 120, P.H. 23. Director (Interpretation) Room No. 144, Parliament House and Interpreters’ Section, Rajya Sabha Secretariat with the request to provide simultaneous interpretation. 24. Joint Director (Interpretation), Ms. Suman Mala Thakur, Room No. 122, P.H. enclosed in envelope—with the request to make necessary arrangement for simultaneous interpretation of the proceedings. 25. Interpreters Parties Section (Room No. 122, P.H.) 26. All Offices in Parliament House:—I.N.C.-125-A and 24-25 Parliament House, B.J.P.-2,3, 5-A, 5-B, 5-C, Parliament House, C.P.I. (M) - 135 and 136, Parliament House, R.J.D. - 126D, Parliament House, S.P.-126-1 & 130, Parliament
*Alongwith enclosures. 38 39
House, BSP-145, Parliament House, AIADMK-111-B, Parliament House, AITC-125-D, Parliament House and United Parliamentary Group-125-A, Cabin-B, Parliament House. 27. The Assistant Engineer (Elect. A/C), Parliament House Annexe. 28. The Assistant Engineer (Electrical), Parliament House Annexe. 29. The Assistant Engineer (Elect. & Sound), Parliament Work Elect. Division, PHA 30. The Engineering Supervisor (Telephones), Parliament House Annexe. 31. Assistant Director (Horticulture), Parliament House. 32. The Manager, Railway Canteen, Parliament House Annexe. 33. The Caretaker, PHA-in respect of opening, dusting etc. of the Committee Room.
(GOUTAM KUMAR) COMMITTEE OFFICER Tel: 23034537(0) Annexure-2.5 PARLIAMENT OF INDIA RAJYA SABHA SECRETARIAT (Committee on Petitions) 537, PHA, NEW DELHI Tel. 23034537 E-mail:[email protected]
No.Rs.2(2)/2010-Com.II 14thJanuary, 2010 NOTICE Members are reminded that the next meeting of the Committee on Petitions of the Rajya Sabha will be held at 2.30 p.m. on Monday, the 18th January, 2010 in Room No. 63, First Floor, Parliament House, New Delhi to record oral evidence of the Secretaries of the Ministries of Women & Child Development and Road Transport & Highways and to consider Memorandum Nos. 3 and 5 of 2009 on Action Taken by Government on Hundred and Thirty-first Report on the petition praying for integration and empowerment of Leprosy Affected Persons (LAPs). 2. *A copy each of following documents is enclosed:— (i) Memorandum Nos. 3 and 5 of 2009 on the ATR on Hundred and Thirty-first Report (in English & Hindi);
(ii) A communication dated 27thOctober, 2009 received from the Railway Board, Ministry of Railways highlighting the progress made on the action taken by them on the observation/recommendation of the Committee contained in its 131st Report; (iii) Replies to questionnaire contained in the Memorandum No. 4/2009 pertaining to the Ministry of Railways on ATRs on 131st Report of the Committee; (iv) Minutes of the meetings of Committee held on 28th October, 2009 (in English & Hindi); and (v) Verbatim record of proceedings of the meetings of Committee held on 16th November and 15th December, 2009. 3. Members are requested to make it convenient to attend.
(ASHOK K. SAHOO) DEPUTY DIRECTOR Phone: 23035365 (O) 24613243(R) Fax: 23012007 To The Chairman and Members of the Committee on Both at local and permanent addresses Petitions of Rajya Sabha. }
website:http://www.rajyasabha.nic.in
*At local address only.
40 Annexure-2.6 PARLIAMENT OF INDIA COMMITTEE ON PETITIONS (RAJYA SABHA) Tour programme in respect of Study Visit of the Committee on Petitions of Rajya Sabha to Vadodara, Ahmedabad, Pune and Mumbai from 18th to 25th June, 2010 18.06.2010 Time Assembly at Vadodara Friday 19.06.2010 8.30 A.M. Field visits to charitable organizations and interaction with their Saturday to representatives. 11.30 A.M. 2.30 P.M. Interaction with experts and people's representatives on the petition. Stay at Vadodara 20.06.2010 8.30 A.M. Departure from Vadodara to Ahmedabad by Road. Sunday 10.30 A.M. Arrival at Ahmedabad. 3.00 P.M. Field visits to charitable organizations and interaction with their to representatives. 6.00 P.M. Stay at Ahmedabad 21.06.2010 9.00 A.M. Field visits to charitable organizations and interaction with their Monday to representatives. 12.00 Noon 3.30 P.M. Interaction with experts, people's representatives and State Govt. officials on the petition. 7.40 P.M. Departure from Ahmedabad to Mumbai by Flight No. IC-0685.
8.40 P.M. Arrival at Mumbai. Stay at Mumbai 22.06.2010 8.00 A.M. Departure from Mumbai to Pune by Road. Tuesday 8.45 A.M. Visit to Shanti Van, Panvel enroute to Pune. to 10.00 A.M. 10.00 A.M. Departure from Panvel to Pune by Road. 12.00 Noon Arrival at Pune. 2.30 P.M. Field visits to charitable organizations and interaction with their to representatives. 4.30 P.M. 5.00 P.M. Interaction with experts and people's representatives on the petition.
41 42
Stay at Pune
23.06.2010 8.00 A.M. Departure from Pune to Mumbai by Road. Wednesday 10.00 A.M. Visit to Jyothis Terminal Care Centre, Kalamvoli, Navi Mumbai to enroute to Mumbai. 11.00 A.M. 11.00 A.M. Departure from Navi Mumbai to Mumbai. 12.00 Noon Arrival at Mumbai. 4.00 P.M. Field visit to charitable organization and interaction with their to representatives. 5.00 P.M.
Stay at Mumbai
24.06.2010 9.00 A.M. Field visit to charitable organization and interaction with their representatives. Thursday to 10.00 A.M. 11.00 A.M. Interaction with the petitioner, alongwith experts, people's to representatives and State Govt. officials on the petition. 2.00 P.M.
Stay at Mumbai
25.06.2010 DISPERSAL AT MUMBAI Friday Annexure-2.7 MINUTE-TO-MINUTE PROGRAMME OF THE COMMITTEE ON PETITIONS OF RAJYA SABHA IN CONNECTION WITH ITS STUDY VISIT AT AHMEDABAD ON 20TH AND 21ST JUNE, 2010
Date & Day Time Programme
20.6.2010 10.30 a.m. Arrival at Hotel St. Laurn, Ashram Road, Ahmedabad Sunday 10.30. to 11.30 Coffee Break a.m. 1.30 p.m. Lunch in Hotel Laurn 3.00 to 6.00 p.m. (i) Visit to Gujarat Cancer & Research Institute, Civil Hospital Campus, Asarva, Ahmedabad; & (ii) Jeevan Sandhya, 132, Ring Road, Nr. Kalpataru Society, Naranpura, Ahmedabad. 6.30 p.m. Arrival at Hotel St. Laurn 8.00 p.m. Dinner at Hotel St. Laurn
Night stay at Hotel St. Laurn
21.06.2010 8.00 a.m. Breakfast Monday 9.00 a.m. (i) Visit to Blind People's Association, Dr. Vikram Sarabhai Road, Vastrapur, Ahmedabad; & (ii) Samvedna Trust, behind Idgah Police Chowki, Mamel Chowk, Mill Compound, Girdharnagar Flyover, Ahmedabad 1.00 p.m. Official lunch at Hotel 3.30 p.m. Meeting with the representatives of charitable organizations, experts, peoples' representatives, State Government officers, offices bearers of NGOs and officers of the I.T. Department at Hotel St. Laurn, Ashram Road, Ahmedabad 6.00 p.m. Departure for Ahmedabad Airport
43 Annexure-2.8 No.RS.13(2)/2008-Com.II Dated the 23rd July, 2008 To The Chairman and Members of the Committee on Petitions Sir/Madam, I am directed to forward herewith the following details about stay arrangements & Liaison Officer in connection with study visit of Committee on Petitions to Mumbai, Tirupati, Nellore, Chengalpattu and Chennai from 28 July to 2 August, 2008:— Chief Liaison Officer (CLO) Name Tel./Fax No. Shri Kiranjit Singh Nagi, Under Secretary (Parl.), 011-23061649(O) Ministry of Health & Family Welfare 011-23062311 (Tel. Fax) 011-25083535 (R) 09818757790 (M) MUMBAI Stay At Name of the Liaison Officer Tel./Fax No. Hotel Intercontinental Dr. Sharad Sabnis The Grand, Mumbai Assistant Director (Lep. & T.B.) 09422035377 (Mob.) Tel. 022-66992222 Govt. of Maharashtra Fax 022-66998888 CHENNAI Stay At Name of the Liaison Officer Tel./Fax No. Hotel Trident, Dr. P. Kuruvilla Oommen, Director, 044-27429308 (O) 1/24, GST Road, Central Leprosy Teaching & 044-27426064 (Fax) Chennai Research Institute (LTRI), 044-24404832 (R) Tel. 044-22344747 Chengalpattu-603001 09443229308 (Mob.)
Yours faithfully,
(J. SUNDRIYAL) JOINT DIRECTOR Phone: 23034541 (O) 26172958 (R) Fax No. : 23012007 E-mail: [email protected]
44 CHAPTER- III COMMITTEE SECTION (GOVERNMENT ASSURANCES) 3.1 Constitution and Functions 3.1.1 Constitution and Quorum: The Committee on Government Assurances consisting of ten members nominated by the Chairman (Rule 212A), holds office until a new Committee is nominated and casual vacancies therein are filled by nomination by the Chairman. The Chairman of the Committee is appointed by the Chairman, from amongst the members of the Committee. The quorum to constitute a meeting of the Committee is five. If the Deputy Chairman is a member of the Committee, he is appointed Chairman of the Committee. If the Chairman of the Committee for any reason is unable to act, the Chairman may similarly appoint another Chairman of the Committee in his/her place. If the Chairman of the Committee is absent from any meeting, the Committee chooses another member to act as the Chairman of the Committee for that meeting. The Chairman of the Committee cannot vote in the first instance but in the case of an equality of votes on any matter he has to exercise a casting vote (Rules 212B to 212D). Committee Coordination Section initiates action for the nomination of the Members of the Rajya Sabha to the Committee prior to the completion of the term of the Committee. After the nomination of members by the Chariman, Rajya Sabha, Committee Coordination Section issues a Parliamentary Bulletin Part-II and informs the concerned Committee Section the composition of the Committee through a note. The note is processed in the Section and individual Member nominated to the Committee, is informed through a letter issued at the level of Deputy Director/ Joint Director. (Annexures-3.1 & 3.2) A copy each of the pamphlet entitled, 'Rules, Procedures and Important Recommendations of the Committee on Government Assurances' and a list of Members of the Committee is also sent for information to the Members. As soon as the Committee is constituted or a Member is nominated, the Committee Section obtains from him/ her the details of local and permanent addresses, telephone numbers, etc. and keeps an updated list of this information in the Section. 3.1.2 Functions/Mandate: The functions of the Committee are to scrutinize the assurances, promises, undertakings, etc. given by the Ministers, from time to time on the floor of the House and to report (a) the extent to which such assurances, promises, undertakings etc. have been fully or satisfactorily implemented; and (b) when implemented, whether such implementation has taken place within the minimum time necessary for the purpose or whether there has been an inordinate delay in implementation of the assurances and if so, the reasons therefor. The Committee monitors the implementation of assurances given on the floor of the Rajya Sabha, considers the requests of the Ministries/Departments for extension of time, dropping of assurances and the Implementation Reports. At times the Secretaries from the Ministries are also called to present evidence regarding pending assurances of the concerned Ministry. In furtherance of its role of monitoring the implementation of assurances, the Committee also undertakes study visits to have first hand information on the progress made by the concerned organizations or departments. The Committee plays a vital role by way of calling for accountability of the Executive towards the Legislature. 3.2 Working Procedure of Committee Section (Government Assurances) The Committee determines its own procedure in respect of all matters relating to the consideration of any question of assurances, promises, undertakings etc. As per the Rules adopted by the Committee for its internal working at its sitting held on 24th July, 1972, the concerned officers of the Secretariat go through the daily proceedings of the House to cull out assurances from the verbatim proceedings of the House on the basis of a standard list of expression, constituting assurances. (Annexure-3.3) The main function of the Committee Section (Government Assurances) is to cull out the promises/undertakings/ assurances, send them to the concerned Ministry/Department of the Government and pursue the same till satisfactory
45 46 fulfilment of the assurances. Cases of part fulfilment or requests for dropping assurances are processed and placed before the Committee for decision. The items of work dealt within the Section along with the procedure followed in respect thereof are as under: 3.2.1 Culling out of Assurances: (a) The concerned Dealing Assistants go through the daily verbatim proceedings (both Part-I and Part-II Debate) of the Rajya Sabha to cull out assurances from it on the basis of the standard list of expressions constituting assurances as approved by the Committee on Government Assurances, Rajya Sabha on the 24th July, 1972. The Ministry of Parliamentary Affairs which is the nodal Ministry for implementation of the assurances also sends a statement of the assurances, promises, undertakings made by the Ministers on the floor of the House after the conclusion of every session, in the prescribed format, to the Committee Section as well as to the concerned Ministry. The statements of the assurances culled out by the Section are checked with the statements of the assurances received from the Ministry of Parliamentary Affairs and the assurances, which have not been included by the Ministry of Parliamentary Affairs are sent to the concerned Ministry and also to the Ministry of Parliamentary Affairs for sending the same to the concerned Ministry in the prescribed proforma. A register of Assurances is maintained in which the details of all the assurances are entered as follows:— Year...... Session No...... Assurance Date Mode of Brief Assurance Whether Date of Number Assurances content of given by reported by fulfilment (Question No. or the Assurance other origin) Assurance Committee
(b) A separate file is opened for each assurance with the File Number corresponding to Assurance Number and Session Number. The file number is automatically generated by the software for every assurance. The data regarding the assurance is entered into the software developed by NIC and is updated periodically. (c) After the assurances are culled out and approved by the Committee, they are sent to the concerned Ministry/Department through Office Memorandum under the signature of the Deputy Director/Joint Director directing them to fulfill the assurance within the prescribed period of three months from the date of giving assurance on the floor of the House. A copy of the OM is also endorsed to the Ministry of Parliamentary Affairs. (Annexure - 3.4) (d) If the subject matter of more than one assurance is identical or similar, relevant orders for clubbing the assurances are sought and the decision is communicated to the concerned Ministry advising them to correspond accordingly in future. 3.2.2 Transfer of Assurances: The assurances are entered in the Register of Assurances in the name of the Ministry whose Minister gives the assurance on the floor of the House. At times Ministries submit that the subject matter of an assurance marked to their Ministry, pertains to a different Ministry and send their request to the Ministry of Parliamentary Affairs to transfer the assurance to that Ministry and also request the concerned Ministry for acceptance of the transfer. Copies of such communications are also endorsed to Committee Section. Transfer of assurances from one Ministry to another Ministry is their internal matter. Once the intimation of acceptance of transfer is received in the Section, relevant entries in this regard are made in the records. However, the Ministry against whose name it was originally entered must seek extension of time till the transfer of the assurance is accepted. 3.2.3. Extension of time for fulfilment of Assurances: (a) As per laid down procedure a period of three months is granted to a Ministry for fulfilment of an assurance. If a Ministry is unable to fulfill the assurance within the stipulated period of three months, it becomes mandatory for them to seek extension of time from the Committee before expiry of the period given for fulfilment of the assurance, giving specific reasons for the delay and the probable time required for fulfiling the assurance, with the approval of the Minister concerned. 47
(b) The requests for extension received from the Ministries/Departments are processed in the concerned file and orders at the level of Joint Director/Director/Joint Secretary/Chairman of the Committee depending upon the number/time of extension sought for granting extension of time. The request is examined by the concerned dealing Assistant to check whether there is any delay on part of the Ministry in seeking extension, approval of the concerned Minister has been obtained and the period of extension sought is in order. If there is a delay on the part of the Ministry, it is brought to the notice of the Chairman/Committee and the Ministry is advised to seek timely extension. (c) If any Ministry seeks extension in a mechanical manner without reflecting any significant progress in the implementation of the assurance or if it is observed that long time is being taken in fulfilment of assurances, the fact is brought to the notice of the Chairman of the Committee and on his direction a Status Note detailing the steps taken towards the fulfilment of the assurance is called for from the Ministry or representatives of the concerned Ministry are called before the Chairman/Committee on a specified date to explain the position in the matter. (d) Assurances pertaining to policy matters of the Government or where the information is to be collected from State Governments/Departments or different agencies, generally take a long time to be fulfilled. In such cases also the Ministries are advised to seek regular extension of time detailing progress made towards the fulfillment of the assurances. (e) Normally as per procedure, an extension of three months at a time for fulfilling the assurance is given. However, sometimes the Ministries seek extension of time for a year or two. The request of the Ministry is examined in the light of the reasons forwarded by the Ministry and the extension of six months or even upto one year is granted in exceptional cases. Generally where extension of a year or two is sought, an extension of six months is granted and the Ministry is advised to seek extension accordingly in future and keep the Committee informed of the progress made towards fulfilment of the assurances. (f) After obtaining the orders for granting the extension, the decision is communicated to the concerned Ministry/Department through an Office Memorandum generated in the Assurance Software, conveying to the Ministry, the extension granted by the Committee along with other observations of the Committee, if any (Annexure -3.5). Copies of this O.M. are also endorsed to the Parliament Section of the concerned Ministry and the Ministry of Parliamentary Affairs. The status Note received in response from the Ministry is put up for perusal of the Chairman. 3.2.4 Meetings of the Committee: (a) Meeting and agenda of the Committee is fixed in consultation with the Chairman and members of the Committee. Members of the Committee are informed about the meeting through a Notice which gives the date, time and venue of the meeting. In case, the agenda has been finalized this may be mentioned otherwise it is mentioned in the reminder notice (Annexures-3.6 & 3.7). In case a meeting is decided at a short notice it is ensured that telegrams are issued promptly (Annexure -3.8). Members are also informed about the meetings of the Committee by SMS (Annexure -3.9) (160 characters) which is sent through software made available for the purpose. Notice is issued to the Members both in English and Hindi. During inter-session period, the notice is issued at both local and permanent address of the Members. However, the agenda papers are circulated at local address only. Internal meetings of the Committee i.e. to chalk out the future programme of the Committee, to consider memoranda for dropping of assurances etc. are held in the room of the Chairman of the Committee whereas evidences of Secretaries are taken in any of the Committee Rooms in the Parliament House Complex. Intimation of the meeting of the Committee is also endorsed to other agencies depending upon the venue of the meeting (Annexure -3.10 & 3.11). (b) Generally the meetings are held to consider the requests of the Ministries for dropping of assurances, take oral evidence of representatives of the Ministries, for reviewing the pending assurances, to chalk out future programme etc. Adequate number of copies of the Memoranda are made and circulated to the Members, at least one day in advance, so that members can go through them before the scheduled meeting. Sufficient number of spare copies of the memoranda is also kept for being used by the Members in the meeting. (c) Notices and reminders are issued through Distribution Branch with special instructions in case of urgency. If a meeting is fixed at a short notice and the notice is issued only the previous day, the Section intimates all concerned directly on telephone also. (d) On the day of the meeting, the Dealing Assistant calls up the Members in the morning to remind them of the meeting and also to ascertain their convenience about attending the meeting. Also in case of a meeting being held in any Committee Room other than Committee Chairman's Chamber, it is also ensured that the Room is opened in time and all arrangements viz. electrical appliances, sound, air-conditioning etc. are made properly. In case the Committee 48 is to take evidence during a meeting, office notes are sent to the Reporters Section and Interpreters Section to be present in the meeting. (e) Minutes of the meeting are drawn after the meeting is over. The minutes are brief and contain the names of Members and officers present, and the important decision taken during the meeting. The Minutes of each meeting are circulated to the Members along with Notice of the next or subsequent meetings. (f) Light refreshment is served during the meetings within the stipulated monetary ceiling of thirteen rupees. However an augmented menu of eighteen rupees can be served if desired by the Chairman of the Committee. A note for the purpose is sent a day in advance to the Northern Railway Canteen of Parliament House/Annexe specifying the menu to be served, number of persons to be served and the date, time and venue of the meeting. After the Bills are received from the Northern Railway Canteen, they are processed by the Dealing Assistant and after obtaining sanction of Joint Secretary, sanction order is issued and Bills are sent for payment to the Accounts Section/Cashier. Prior sanction of Secretary General is obtained for serving lunch during the meetings of the Committee, if desired by the Chairman of the Committee. 3.2.5 Evidence of the Representatives of Ministries and Organisations: (a) In case, the committee decides to take evidence of the Secretary of a particular Ministry in connection with the fulfilment of pending assurances of that Ministry, the date of taking the evidence is finalised by the Chairman of the Committee. A letter is sent by the Secretariat to the Secertary of the concerned Ministry detailing date, time and venue etc. The Ministry/Department is requested to send Status Notes on each of the pending assurance, replies to questionnaire, if any, and intimate in advance the names of the Officers who will appear before the Committee to give evidence. The Status Note and the replies to questionnaire, if any, are circulated amongst the members in advance. In emergent cases, with the approval of the Chairman of the Committee, agenda papers or supplementary material are circulated in the meeting itself. (b) The concerned Ministry/Department is also requested to nominate a senior Officer for furnishing information to the Committee and coordinating action within the Department. (c) The Officers in-charge of the Committee Section brief the Chairman and the Members of the Committee on the various issues involved in the agenda of the meeting. (d) Verbatim record of the oral evidence is obtained form the Reporters Section and a copy of the same is sent to the Secretary of the Ministry/Department for confirmation with instructions that corrections should be confined to patent, verbal or consequential inaccuracies only (Annexure -3.12). 3.2.6 Laying and Examination of Implementation Reports: (a) Implementation Report is furnished by the Ministries/Departments on fulfillment of an assurance. These are prepared by the Ministries in the following format as prescribed by the Ministry of Parliamentary Affairs. FORMAT OF IMPLEMENTATION REPORT
MINISTRY OF...... Date of fulfilment...... Q.No. & Subject Promise made When & how Reasons Date fulfilled for delay
(b) The Ministries are required to submit Implementation Reports in respect of all Assurances arising out of the main Question including the supplementary Questions. Sometimes the Ministries submit Implementation Report in respect of only one assurance. The Dealing Assistants must ensure that all the assurances arising out of a particular Question/issue are satisfactorily fulfilled and if the Ministry fulfills one assurance, regular extension in respect of other assurances is sought. (c) Broadly speaking, Implementation Reports are examined keeping in view the following points:— (i) In cases where the Ministries are required to list in detail the steps taken to implement the assurance, it is simply mentioned by them that steps have been taken without mentioning the details. 49
(ii) Where time frame is an important part of the question, the Ministries do not mention any specific time; they simply mention that the project would be started or completed in due course of time. (iii) In cases of assurances given in reply to Supplementaty Questions it should be checked whether Implementation Reports have been received in respect of all assurances. (iv) Sometimes the Ministries altogether omit a part of the Question while submitting the Implementation Report. (v) Sometimes the Ministries give ambiguous information in the Implementation Report. (vi) In cases where information is sought from States, the Ministries forward the Implementation Report even if information is awaited from some States. The above points are not an exhaustive list for examining an Implementation Report. The Dealing Assistants however, examine each case on its merit. (d) As per the laid down procedure the Ministry forwards 15 copies of the Implementation Report (both in English and Hindi) to the Ministry of Parliamentary Affairs (the nodal agency) with the approval of the Minister. The Ministry also forwards two advance copies (both in English and Hindi) of the Implementation Report to the Committee Section. (e) The Dealing Assistant examines the Implementation Report to check whether the assurance has been fulfilled satisfactorily by the Ministry. If it is observed that the assurance has not been fully or satisfactorily implemented i.e. the reply is vague, does not cover all aspects of the question or there is a deviation from the main issue, the same is brought to the notice of the Chairman of the Committee and orders are sought to treat it as part- fulfilled. On receipt of the orders, the decision is communicated to the Ministry through an Office Memorandum under the signature of the Deputy/Joint Director (Annexure-3.13) directing the Ministry to furnish the revised Implementation Report incorporating the complete information, under intimation to the Ministry of Parliamentary Affairs. Till the revised Implementation Report is submitted to the Committee and laid on the Table of the House, the Ministry is advised to seek appropriate extension of time. (f) Assurances which are treated partly fulfilled are considered partly laid and are shown pending in the records till the satisfactory fulfilment of the assurance is received with the approval of the Minister. On receipt of the revised Implementation Report it is again examined by the Dealing Assistant to check whether the assurance has been fulfilled satisfactorily. (g) The Implementation Reports on the assurance submitted by concerned Ministries are laid on the Table of the Rajya Sabha by the Minister of Parliamentary Affairs in the form of the session- wise statement of fulfilled assurances. On receiving the Statement from Ministry of Parliamentary Affairs, an item is got approved and sent to Table Office for inclusion in List of Business (Annexure-3.14). (h) After laying the Implementation Reports, the Ministry of Parliamentary Affairs sends copies of the Implementation Reports to the Committee Section. These are processed in the respective files and relevant entries are made in the software as well as in the Assurances Register. Authenticated copies of the Implementation Reports are sent by Table Office to the Parliament Library where they are kept permenantly for reference purpose. 3.2.7. Requests for dropping of Assurances: (a) When the Ministries are unable to fulfill the assurances due to reasons beyond their control, they send their requests, duly approved by their Minister, to the Committee for dropping the assurance giving in detail the grounds on which the assurance is to be dropped. The Dealing Assistant processes the request and prepares a Memorandum giving the details of the assurance given and reasons cited by the Ministry for dropping the same. The Memorandum is put up for approval at the level of Joint Director/Director. The approved Memorandum is then placed before the Committee as and when it meets, for decision thereon. FORMAT OF MEMORANDUM MEMORANDUM No...... OF...... MINISTRY OF...... Subject: Reply given in reply to...... date...... regarding
Question Assurance
"Now the Ministry of...... vide their OM dated...... have requested for dropping the Assurance on the grounds...... The Committee may consider. ————— (b) Generally 10-15 Memoranda are considered by the Committee in a meeting. The Committee examines the requests of the Ministries and the grounds for dropping the assurance. If the grounds for dropping furnished by the Ministry are convincing, the Committee drops the assurance. In case the Committee does not drop the assurance, it directs the Ministry to furnish a Status Note. Depending upon the importance of the subject matter, the Committee also decides to take oral evidence of the Secretary of the Ministry concerned on the issues involved in the assurance. The decision of the Committee is communicated to the Ministry through Office Memorandum under the signature of Deputy Director/Joint Director and a copy is endorsed to the Ministry of Parliamentary Affairs (Annexure-3.15 & 3.16). Once an assurance is dropped by the Committee, relevant entry in this regard is also made in Assurance Register and Assurance Software. (c) The Officers in-charge of the Committee Section brief the Chairman and the Committee in all matters coming before the Committee for dropping of the assurances. (d) In many cases, the Ministries while furnishing the Status Note again request for dropping the assurance, which are again examined by the Committee. Till a decision is taken by the Committee, the Ministry is required to seek extension of time. 3.2.8 Drafting of Committee Report: (a) The Report of the Committee is prepared annually. It contains information regarding the activities of the Committee throughout the year such as assurances culled out during the year, Implementation Statements laid on the Table of the Rajya Sabha, part fulfilment of assurances and cases of inordinate delay in seeking extension of time, the oral evidences of Secretaries of different Ministries in respect of pending assurances, the list of dropped assurances and the study visits of the Committee. The draft is prepared under the specific direction of the Joint Director/Director. The chapters and paragraphs are properly numbered and cross-referenced. It is ensured that the drafting is such that the recommendations of the Report:— (i) conform to the mandate of the Committee. (ii) are in consonance with provisions of the Constitution, particularly in matters relating to the Union and the States or the Judiciary etc. (iii) are specific and to the point. (iv) are free from factual errors particularly with reference to enacted legislation.
(b) For convenience, the observations and recommendations of the Committee are printed in bold in the text and the recommendations are also included as a separate chapter at the end of the Report, referring to the paragraph numbers where they occur in the Report. (c) The drafting of the Report begins in October and is completed by November in that calender year. The Dealing Assistant responsible for drafting the report gathers information from other Dealing Assistants regarding
50 51 the information concerning the Ministries being dealt by them relating to viz. cases of delays in seeking extension of time, requests for droping, cases of part fulfilment, visits of the Committee, oral evidence(s) before the Committee and prepares a draft of the Report. The draft is put up for approval of the Joint Secretary and Chairman of the Committee. An advance copy of the Draft Report is sent to Translation (Committee) Section for Hindi version. After the Draft Report is approved, final hand corrected manuscript is forwarded to the Translation (Committee) Section. On receipt of the Hindi version, the Report is circulated along with notice among the members of the Committee prior to the date on which it is to be considered and adopted by the Committee. 3.2.9 Adoption and Presentation of Committee Report: (a) The Chairman calls for a meeting of the members to consider and adopt the Report. The Draft Report and the recommendations are considered paragraph by paragraph and approved, with amendments if any, by Committee. After the Report has been adopted by the Committee, the amendments, if any, are carried in the Report and approved by Chairman. After the adoption of the Report, two copies of the Report (in English and Hindi) are got authenticated by the Chairman of the Committee. (b) The date for presentation of the Report in the House is decided in the meeting. The Committee fixes a date for the presentation of the Report in the House and authorizes the Chairman and in his absence, two other Members of the Committee to present the Report. Thereafter letters are sent to the Members authorised by the Committee to present the Report (Annexure-3.17). (c) A day before the presentation of the Report an item (Annexure-3.18) (both hard and soft copy) regarding the presentation of the Report is got approved and sent to the Table Office for inclusion in the List of Business along with a copy of the Report authenticated by the Chairman of the Committee (in English and Hindi) for being laid on the Table of the House. (d) On the day of the presentation of the Report, 30 copies of English and 10 copies of Hindi Report are sent to the Press and Media Counter, 20 copies of English and 10 copies of Hindi Report are sent to the Publication Counter, Rajya Sabha and 5 copies of English and 3 copies of Hindi Report are sent to the Table Office. 20 spare copies of English and 10 spare copies of Hindi version of the Report are also kept in the Section for record. (e) After the Report is presented to the House, a Camera Ready Copy (CRC) of the English version of the Report is sent to the Printing Section for printing. The second copy is sent to the Translation Section for Hindi version and on its receipt (Handwritten copy) is also forwarded to the Printing Section. The third copy is retained in the Section. 3.2.10 Miscellaneous Work: The Committee Section also performs the following functions in rendering secretarial assistance to the Committee:— (i) handles correspondence with the Ministries/Departments concerned, on matters taken up/to be taken up by the Committee and maintain liaisons with them; (ii) furnishes information on matters relating to the Committee to different Sections/Branches of Rajya Sabha/Lok Sabha Secretariats and the agencies outside after approval at appropriate levels:— (iii) makes available requisite number of copies of both the versions (Hindi and English) of the Report(s) of the Committee to the various Sections like Publications Counter, Rajya Sabha and Lok Sabha, Press Desk, Rajya Sabha, Table Offices of Rajya Sabha and Lok Sabha and Acquisitions Section, LARRDIS, Lok Sabha Secretariat; (iv) circulates printed copies of the Reports to State Legislatures, important libraries and other institutions/ establishments as per the mailing list of the Secretariat; (v) prepares estimates of expenditure of the Section, to be incurred on refreshments/lunches to be served in the meetings of the Committee and also on binding of records etc.; (vi) maintains records including files, Reports of the Committee, minutes of the meeting of the Committee, verbatim record of evidence tendered before the Committee; retains them as per instructions in the manual for recording and weeds out records of ephemeral nature after taking orders from the competent authority; 52
(vii) maintains record of the officials of the Section in respect of Casual Leave, Restricted Holidays, Compensatory Leave, etc. as per instructions; (viii) prepares Annual Action Plan and its review, Annual Report, Committee Profile and replies to Queries pertaining to RTI Act and other Circulars received from other sections like Committee Coordination, O & M and IT Section. 3.2.11 Records: The records maintained in the Section are as follows:— (i) Register of Reports: Report No. Subject Date of Adoption Date of Presentation
(ii) Register of Meetings: Year______Meeting Date & Location & Subject Evidence if No. Time Venue Discussed Recorded
(iii) Expenditure Register: Financial Year ______
Date Subject Amount Progressive Balance Bill No. & Initials of Amount Amount Date Receiver
(iv) Guard File of Tours: The file contains copies of all tour programmes of the Committee during the year and tour notes in addition to the normal correspondence files on the subject. (v) Guard File of Minutes: The Minutes of the meetings of the Committee are approved on individual files. A guard file of minutes is maintained which contains the minutes of various meetings of the Committee. As soon as the Committee is dissolved the guard file is stitched and a new guard file is opened when the new Committee is constituted. 3.2.12 Committee Software: Special software has been developed for use of all Committee Sections. Accordingly, the details of notices of meetings, tour itinerary, Committee reports & recommendations etc. are entered in the software which is also reflected on our website www.rajyasabha.nic.in. 3.2.13 Assurance Software: Special software has been developed for the use of Committee Section (Government Assurances). All the details relating to an assurance are entered by the Section right from the stage of opening the file. The Section also generates letters for time extension etc. from the software itself. It is also available on our website www.rajyasabha.nic.in. 3.2.14 Review of Assurances: To fulfill the Committee's objective of effective monitoring of assurances given by Ministers on the floor of the House, review of assurances is done in a phased manner by the Committee Section. A set of Ministries is identified while drawing up of Annual Action Plan. Each Dealing Assistant reviews a set of Ministries allotted to him/her in every quarter. A list of pending assurances of the Ministry is prepared and each file is scrutinized to check whether the Ministry is seeking regular extension, whether the Assurance has been fulfilled and copies forwarded to the Ministry of Parliamentary Affairs. If there is any shortcoming on part of the Ministry, Office Memorandum is sent to 53 the Secretary of the concerned Ministry under the signature of Joint Director. A list of Assurances on which action is required on part of the Ministry is also enclosed with the OM. In cases where there has been inordinate delay in seeking extension or fulfilling the assurance, a Status Note detailing the steps taken to fulfill the assurance is called for from the Ministry. The Status Note received from the Ministries is put up for perusal of the Chairman/Committee. 3.2.15 Weeding out of Records: The files pertaining to Assurances which are fulfilled and laid or dropped are kept in the Section for two years. Thereafter the files are destroyed after taking orders of Joint Director/Director. 3.2.16 Channels and Level of Decision Making: (a) The files relating to the following items of work are put up to Deputy Director/Joint Director, who may sent them to Joint Secretary or the Chairman of the Committee:— (i) grant of extension of time, (ii) examination of the Implementation Reports, (iii) decision as to whether a statement made on the floor of the House constitutes an assurance or not, (iv) approval of memoranda on the various items including dropping of assurances to be considered by the Committee, (v) approval to call representatives of Ministries for deposition before the Committee. (b) The files relating to the following items are put up to the Deputy Director/Joint Director:— (i) assurances culled out from the daily proceedings of the Rajya Sabha, (ii) transfer of assurance from one Ministry to another. (c) Draft reports of the Committee, Minutes of the sittings of the Committee are put up to the Chairman through the Joint Secretary/Additional Secretary. Annexure - 3.1 No.RS.4/1/2008-Com. III Dated the ...... From ...... Deputy/Joint Director. To Shri ...... , Member, Rajya Sabha [At local and permanent addresses] Subject: Nomination to the Committee on Government Assurances, Rajya Sabha Sir/Madam, I am directed to inform you that under sub-rule (1) of Rule 212-B of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha), Hon'ble Chairman, Rajya Sabha, has been pleased to nominate you to be a member of the Committee on Government Assurances with effect from ...... 2. I am further to inform you that you have also been appointed as the Chairman of the Committee under sub- rule (1) of Rule 212-C of the said Rules. 3. A copy each of the pamphlet entitled, 'Rules, Procedures and Important Recommendations of the Committee on Government Assurances' and a list of members of the Committee is enclosed.
Yours Faithfully, (...... ) (Tel. No...... )
54 Annexure - 3.2 No.RS.4/1/2008-Com. III Dated the ...... From ...... Deputy/Joint Director. To Shri ...... , Member, Rajya Sabha [At local and permanent addresses] Subject: Nomination to the Committee on Government Assurances, Rajya Sabha Sir/Madam, I am directed to inform you that under sub- rule (1) of Rule 212-B of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha), Hon'ble Chairman, Rajya Sabha, has been pleased to nominate you to be a member of the Committee on Government Assurances with effect from ...... 2. A copy each of the pamphlet entitled, 'Rules, Procedures and Important Recommendations of the Committee on Government Assurances' and a list of members of the Committee is enclosed. Yours Faithfully, (...... ) (Tel. No......
55 Annexure-3.3 Standard List of Expressions Constituting Assurances 1. The matter is under consideration. 2. I shall look into it. 3. Enquiries are being made. 4. I shall inform the Hon'ble Member. 5. This is primarily the concern of State Government but I shall look into it. 6. I shall write to the State Governments. 7. I assure the House all suggestions by Hon'ble Member will be carefully considered. 8. I shall study the conditions on the spot during my tour. 9. I shall consider the matter. 10. I will consider it. 11. I will suggest to the State Government. 12. We will put the matter in the shape of a resolution. 13. I shall see what can be done about it. 14. I will look into the matter before I can say anything. 15. The suggestion will be taken into consideration. 16. The matter will be considered at the conference to be held on. 17. The matter is still under examination and if anything required to be done it will certainly be done. 18. The matter will be taken up with the Government of- 19. I have no information; but I am prepared to look into the matter. 20. Efforts are being made to collect the necessary data. 21. The suggestions made will be borne in mind while framing the rules. 22. If the Hon'ble Member so desires, I can issue further instructions. 23. Copy of the report, when finalised, will be placed in the Parliament Library. 24. I shall supply it to the Hon'ble Member. 25. I think it can be done. 26. The Hon'ble Members' allegation is true. I shall certainly have the matter gone into. 27. We shall have to find that out. 28. I will draw the attention of the Government who I hope will take adequate steps in this direction. 29. It is a suggestion for action which will be considered. 30. (Discussion on General/Railway Budget). All the points raised by various Members will be considered and the result will be communicated to each Member. 31. Information is being collected and will be laid on the Table of the Rajya Sabha.
56 57
32. I am reviewing the position. 33. Directions by the Chairman, Deputy Chairman or the Vice-Chairman involving action on the part of Ministers. 34. All specific points on which information is asked for and promised. The directions of the Chairman, Deputy Chairman, involving action on the part of Ministers and all specific points on which information is asked for and promised, also come under the category of assurances. Annexure-3.4 RAJYA SABHA SECRETARIAT (COMMITTEE ON GOVERNMENT ASSURANCES) Telegram: "PARISHAD" Fax: 23794328/23017548 Parliament House Annexe New Delhi-110 001 E Mail: [email protected] No. RS.1/217/57/2009-Com. III Dated the ...... OFFICE MEMORANDUM SUBJECT: IMPLEMENTATION OF ASSURANCE The undersigned is directed to invite the attention of Ministry of DEFENCE to the assurances given in the Rajya Sabha to STARRED Question No...... on ...... (one in main question and another one in Supplementary by Smt. Viplove Thakur, M.P.). 2. The Ministry of DEFENCE is therefore requested kindly to take necessary action for fulfilment of the above mentioned assurances within a period of three months. 3. In case, however the assurances are not likely to be implemented within the prescribed period of three months or within the period of extension already granted, the Ministry should make a request for extension of time direct to the Secretariat and not through the Ministry of Parliamentary Affairs well before the expiry of the normal extended period stating the reasons for such a request. The receipt of this Office Memorandum may kindly be acknowledged. (...... ) DEPUTY DIRECTOR Tel. No...... To The Ministry of Defence Parliament Section, New Delhi Copy forwarded for information and necessary action to:— The Ministry of Parliamentary Affairs, 98, Parliament House, New Delhi (...... ) COMMITTEE OFFICER Tel. No......
58 Annexure-3.5 RAJYA SABHA SECRETARIAT (COMMITTEE ON GOVERNMENT ASSURANCES) Telegram: "PARISHAD" Fax: 23794328/23017548 Parliament House Annexe New Delhi-110 001 E Mail: [email protected] No. RS.1/217/57/2009-Com. III Dated the ...... OFFICE MEMORANDUM Subject:- Assurance given in reply to Rajya Sabha Unstarred Question No.... dated ...... regarding vacancies in Defence Production Department. The undersigned is directed to refer to the Ministry of Defence O.M. No...... dated the ...... on the above mentioned subject and to state that the request of the Ministry for extension of time for fulfilment of the assurance cited above was placed before the Chairman of Committee who has been pleased to grant extension of time up to ...... for fulfilment of the assurance as requested. However, it will be appreciated if the fulfilment of the assurance is expedited. (...... ) COMMITTEE OFFICER Tel. No. 23034538 To The Ministry of Defence (Attn Shri ...... ) (Deptt. of Defence Production) New Delhi Copy forwarded for information and necessary action to:- 1. The Ministry of Defence Parliament Section New Delhi. 2. The Ministry of Parliamentary Affairs, 98, Parliament House, New Delhi (...... ) COMMITTEE OFFICER
59 Annexure-3.6 PARLIAMENT OF INDIA RAJYA SABHA SECRETARIAT (Committee on Government Assurances) Parliament House Annexe Room No. 538, New Delhi. Tel. No. 23034538 E Mail: [email protected] No. RS.2/1/2010.Com. III Dated the ...... NOTICE Members are informed that the next meeting of the Committee on Government Assurances will be held on...... , the ...... at 3.00 P.M. in Room No. 126-B, (Committee Chairman's Room), Third Floor, Parliament House, New Delhi. 2. Agenda papers will be circulated in due course. 3. Members are requested to make it convenient to attend the meeting. (...... ) DEPUTY DIRECTOR To The Chairman and Members of the Committee on At local addresses only. Government Assurances }
Web site: http://rajyasabha.nic.in
60 Annexure-3.7 PARLIAMENT OF INDIA RAJYA SABHA SECRETARIAT (Committee on Government Assurances) Parliament House Annexe Room No. 538, New Delhi. Tel. No. 23034538 E Mail: [email protected] No. RS.2/1/2010.Com. III Dated the ...... NOTICE Members are reminded that the next meeting of the Committee on Government Assurances will be held on...... , the ...... at 3.00 P.M. in Room No. 126-B, (Committee Chairman's Room), Third Floor, Parliament House, New Delhi to consider some requests for dropping of assurances received from various Ministries. 2. A copy each of the following papers is enclosed:- (i) Memoranda Nos. 1 to 12 (ii) Minutes (in English & Hindi) of the Third Meeting of the Committee held on the...... 3. Members are requested to make it convenient to attend the meeting. (...... ) DEPUTY DIRECTOR To The Chairman and Members of the Committee on At local addresses only. Government Assurances }
Web site: http://rajyasabha.nic.in
61 Annexure-3.8
STATE EXPRESS TELEGRAM
SHRI———————
COMMITTEE ON GOVERNMENT ASSURANCES WILL MEET ON...... AT 10.30 A.M. IN NEW DELHI TO CONSIDER SOME REQUESTS FOR DROPPING OF PENDING ASSURANCES AND ALSO TO UNDERTAKE STUDY VISITS TO THE HEAD OFFICES OF NTPC AND GAIL (INDIA) LTD (.)
PARISHAD Not to be telegraphed.
No. RS.2/1/2009-Com.III Dated the......
(...... ) DEPUTY DIRECTOR RAJYA SABHA SECRETARIAT PARLIAMENT HOUSE ANNEXE NEW DELHI. No. RS.2/1/2009-Com.III Dated the......
Copy by post in confirmation to the Chairman and Members of the Committee on Government Assurances at their local and permanent addresses.
(...... ) DEPUTY DIRECTOR
62 Annexure-3.9
SMS "Members are informed that next meeting of Committee on Government Assurances will be held at 3.00 PM on...... in Room No 124, PH New Delhi" "Members are reminded that next meeting of Committee on Government Assurances will be held at 3.00 PM on...... in Room No 124, PH New Delhi" "Members are informed that meeting of Committee on Government Assurances scheduled to be held on ...... has been CANCELLED"
63 Annexure-3.10
No. RS.2/1/2010-Com.III Dated the...... 1. P.S. to Hon'ble Chairman, Rajya Sabha. 2. *Joint Director (PSS) to Chairman, Committee on Government Assurances (Room No-126-B, 3rd Floor, Parliament House). 3. P.S. to Secretary-General, Rajya Sabha. 4. P.S. to Secretary 5. *P.S. to Joint Secretary (G) - Shri S.K. Ganguli 6. *Joint Director (L) - Shri S.K. Tripathi 7. *Deputy Director (Com.III) - Shri Narmadeshwar Prasad 8. Pay & Accounts Office, Rajya Sabha. 9. Reception Office, Parliament House Annexe 10. Joint Secretary (Reporting)-Shri Govind Lal/Director (Reporting)-Shri R.C. Virwani 11. Joint Director (Reporting) (Shri Ajay Ghosh)—With the request that arrangements may kindly be made to provide a verbatim record of the proceedings of the meeting. (2 copies) 12. Director (Interpretation)—With the request to make necessary arrangement for simultaneous interpretation of the proceedings of the meeting. 13. Joint Director (Interpretation) (Smt. Suman Mala Thakur). 14. Deputy Director (Security), Rajya Sabha Secretariat. 15. Assistant Director (Security), Rajya Sabha Secretariat, Parliament House/Parliament House Annexe for the meeting. 16. A.D. Communication Unit, 636, Parliament House Annexe. 17. The Executive Engineer (Electrical), C.P.W.D Airconditioning Div., Library Building, Parliament House, New Delhi. 18. The Asstt. Engineer (Electrical/AC), C.P.W.D., Parliament House 19. The Asstt. Engineer (Electrical/Sound), C.P.W.D., Parliament House 20. The Asstt. Engineer (Horticulture), C.P.W.D., Parliament House 21. D.G.A.C.R. (CAP), New Delhi. 22. Committee Sections I, II & IV, Committee Coordination, Committee Sections (Commerce, Transport and Tourism, H.R.D., Home Affairs, Industry, Science & Technology, Personnel, Public Grievances, Law & Justice, Health & Family Welfare, Ethics and MPLADS) M.S. & A. Section, Notice Office, Stores Section, and Training Unit. 23. All Parties Offices in Parliament House—INC-125-A and 24-25 Parliament House, B.J.P. - 2 & 5, Parliament House, C.P.I.(M) - 135 & 136, Parliament House, C.P.I. - 127, Parliament House, Telugu Desam - 5, Parliament House and Samajwadi Party - 130 Parliament House. 24. Caretaker, C.P.W.D., Parliament House, New Delhi in respect of opening, dusting etc. 25. Shri Swarabji B., Jt. Director & Web Supervisor, R. No. 142, Parliament House Annexe, New Delhi. (...... ) COMMITTEE OFFICER Tel.No......
*With enclosures
64 65
Annexure-3.11
No. RS.2/1/2010-Com.III Dated the...... Copy forwarded for information and necessary action to:— 1. P.S. to Hon'ble Chairman, Rajya Sabha 2. *Joint Director (PSS) to Chairman, Committee on Government Assurances (Room No-126-B, Parliament House, New Delhi) 3. P.S. to Secretary-General, Rajya Sabha 4. P.S. to Secretary 5. *P.S. to Joint Secretary (G) 6. *Joint Director (L) - Shri S.K. Tripathi 7. *Deputy Director (Com.III) - Shri Narmadeshwar Prasad 8. Pay & Accounts Office, Rajya Sabha 9. D.G.A.C.R. (CAP), New Delhi 10. Committee Section (Subordinate Legislation), Committee Section (Petition), Committee Section (Papers Laid), Committee Sections (Commerce, Transport and Tourism, H.R.D., Home Affairs, Industry, Science & Technology, Personnel, Public Grievances, Law & Justice, Health & Family Welfare, Ethics and MPLADS), Committee Coordination Section, M.S. & A. Section, Notice Office, Stores Section and Training Unit. 11. All Parties Offices in Parliament House—INC-125-A and 24-25 Parliament House, B.J.P. - 2 & 5, Parliament House, C.P.I.(M) - 135 & 136, Parliament House, C.P.I. - 127, Parliament House, Samajwadi Party - 130, Parliament House, Telugu Desam Party- 5, Parliament House, N.C.P.-125C, Parliament House and Biju Janata Dal-144, Parliament House. 12. Shri Swarabji B., Jt. Director & Web Supervisor, R. No. 142, Parliament House Annexe, New Delhi.
(...... ) COMMITTEE OFFICER Tel.No......
*With enclosures (English version only) 66
Annexure-3.12
No. RS.1/217/338/2009-Com.III Dated the......
From ...... Joint Director To ...... , Secretary, Deptt. of Food & Public Distribution, Ministry of Consumer Affairs, Food & Public Distribution, Government of India, New Delhi. Subject: Confirmation of the recorded oral evidence tendered before the Committee on Government Assurances, Rajya Sabha in connection with the pending assurances pertaining to the Ministry of Consumer Affairs, Food & Public Distribution Sir/Madam, I am forwarding herewith a copy of the recorded oral evidence tendered by you on ...... before the Committee on Government Assurances, Rajya Sabha with the request that the same may kindly be returned to this Secretariat duly confirmed by you within a week of its receipt. 2. I am to add that you may, if necessary, make corrections in the evidence, which should, however, be confined to patent, verbal or consequential inaccuracies and should not affect any material change in the substance as corrections in substance can be made only upon your re-examination by the Committee. The corrections etc. if any should be made in your own handwriting and only in the enclosed copy of the evidence. 3. You may also be aware that the evidence tendered before a Parliamentary Committee is confidential and I am, therefore, to request you to treat it as such till the report in this regard is presented to the Rajya Sabha.
Yours faithfully,
(...... ) Tel. No...... Annexure-3.13
RAJYA SABHA SECRETARIAT (COMMITTEE ON GOVERNMENT ASSURANCES) Telegram: "PARISHAD" Fax: 23794328/23017548 Parliament House Annexe New Delhi-110001 E Mail: [email protected] No. RS.1/217/57/2009-Com.III Dated the...... OFFICE MEMORANDUM Subject:—Assurance given in reply to Rajya Sabha Starred Question No...... dated...... regarding Greenfield airports in Rajasthan and Andhra Pradesh. The undersigned is directed to refer to the Ministry of Parliamentary Affairs U.O. No...... dated ...... on the subject cited above and to state that the Implementation Statement forwarded therewith was placed before the Chairman, Committee on Government Assurances who had decided to treat the same as part fulfillment of the assurance under reference as a final decision in the matter is yet to be taken by the Union Cabinet. He has directed that the Ministry of Civil Aviation be asked to furnish a revised Implementation Statement incorporating the final decision in the matter and move the Committee for granting extension of time till such time the assurance is fulfilled satisfactorily. The Ministry of Civil Aviation are accordingly advised to take note of the direction of the Chairman of the Committee for necessary action. (...... ) DEPUTY DIRECTOR To The Ministry of Civil Aviation, (AD Section, Attn...... ) Govt. of India, Rajiv Gandhi Bhavan, B-Wing, Safdarjung Airport, New Delhi. Copy forwarded for information and necessary action to:— 1. The Ministry of Civil Aviation Parliament Section New Delhi. 2. The Ministry of Parliament Affairs 98, Parliament House, New Delhi (...... ) COMMITTEE OFFICER
67 Annexure-3.14
DRAFT ITEM FOR INCLUSION IN THE LIST OF BUSINESS FOR ...... ,THE......
SHRI ...... to lay on the Table, the following statements (in English and Hindi) showing the action taken by Government on the various assurances, promises and undertakings given during the Session shown against each:— 1. Statement No. XXX Hundred and eighty ninth Session, 2000 2. Statement No. XXVI Hundred and ninety sixth Session, 2002 3. Statement No. XIX Two hundred second Session, 2004 4. Statement No. XIX Two hundred third Session, 2004 5. Statement No. XIX Two hundred fourth Session, 2005 6. Statement No. XVI Two hundred fifth Session, 2005 7. Statement No. XII Two hundred seventh Session, 2006 8. Statement No. XI Two hundred eighth Session, 2006 9. Statement No. X Two hundred tenth Session, 2007 10. Statement No. XII Two hundred eleventh Session, 2007 11. Statement No. VIII Two hundred twelfth Session, 2007 12. Statement No. VII Two hundred thirteenth Session, 2008 13. Statement No. IV Two hundred fourteenth Session, 2008 14. Statement No. III Two hundred fifteenth Session, 2009 15. Statement No. II Two hundred seventeenth Session, 2009 16. Statement No. I Two hundred eighteenth Session, 2009
68 Annexure-3.15
RAJYA SABHA SECRETARIAT (COMMITTEE ON GOVERNMENT ASSURANCES) Telegram: "PARISHAD" Fax: 23794328/23017548 Parliament House Annexe New Delhi-110001 E Mail: [email protected] No. RS.1/217/57/2009-Com III Dated the......
OFFICE MEMORANDUM Subject: Assurance given in reply to USQ. No...... dated ...... regarding Extradition treaty with Thailand. The undersigned is directed to refer to the Ministry of External Affairs O.M. No...... dated the ...... on the subject cited above to state that the request of the Ministry for dropping of the assurance was considered by the Committee on Government Assurances, Rajya Sabha at its meeting held on ...... The Committee was pleased to accede to the request of the Ministry and the assurance was accordingly dropped.
(...... ) DEPUTY DIRECTOR
To The Ministry of External Affairs, (CPV Division), [Attn.: Shri...... , Joint Secretary (Consular)], Govt. of India, New Delhi. Copy forwarded for information and necessary action to:— 1. The Ministry of External Affairs Parliament Section New Delhi. 2. The Ministry of Parliamentary Affairs, 98, Parliament House, New Delhi
(...... ) COMMITTEE OFFICER
69 Annexure-3.16
RAJYA SABHA SECRETARIAT (COMMITTEE ON GOVERNMENT ASSURANCES)
Telegram: "PARISHAD" Fax: 23794328/23017548 Parliament House Annexe New Delhi-110001 E Mail: [email protected] No. RS.1/217/57/2009-Com III Dated the......
OFFICE MEMORANDUM
Subject: Assurance given in reply to Rajya Sabha Unstarred Question No...... dated ...... regarding Metro Rail at Kochi. The undersigned is directed to refer to the Ministry of Urban Development O.M. No...... dated ...... on the subject cited above and to inform that the Committee on Government Assurances at its meeting held on ...... considered the request of the Ministry for dropping of the assurances under reference but did not accede to the same. The Committee directed that the Ministry be asked to furnish a Status Note in the matter. The Ministry of Urban Development are advised to furnish a status Note for the consideration of the Committee, latest by the ......
(...... ) DEPUTY DIRECTOR
To The Ministry of Urban Development, (Metro Rail Cell) (Attn.: Shri...... , Under Secretary), Govt. of India Nirman Bhawan New Delhi. Copy forwarded for information and necessary action to:— The Ministry of Urban Development Parliament Section New Delhi.
(...... ) COMMITTEE OFFICER
70 Annexure-3.17
RAJYA SABHA SECRETARIAT (COMMITTEE ON GOVERNMENT ASSURANCES) Telegram: "PARISHAD" Fax: 23794328/23017548 Parliament House Annexe New Delhi-110001 E Mail: [email protected]
No. RS.1/217/57/2009-Com III Dated the...... From ...... DEPUTY DIRECTOR To Shri...... , M.P. Rajya Sabha Sir, I am directed to state that the Committee on Government Assurances at its meeting held on the ...... , considered and adopted its...... Report for presentation in the House. 2. The Committee authorized the Chairman of the Committee and in his absence, you to present the aforesaid Report in the Rajya Sabha on...... , the ...... 3. I am accordingly, to request you kindly to be present in the House on the day of presentation of the Report in the Rajya Sabha, immediately after the Question Hour. Yours faithfully
(...... )
71 Annexure-3.18
DRAFT ITEM FOR INCLUSION IN THE LIST OF BUSINESS FOR ...... , THE ......
REPORT OF THE COMMITTEE ON GOVERNMENT ASSURANCES
SHRI...... SHRI...... to present the ...... Report (in English and Hindi) of the Committee on Government Assurances.
72 CHAPTER-IV COMMITTEE SECTION (COPLOT) 4.1 Introduction The papers which are required to be laid on the Table of Rajya Sabha may be broadly classified as:— (i) Reports or Notifications required to be laid under the provisions of the Constitution, Acts of Parliament and Rules, Regulations, Resolution/Orders or Papers Laid in pursuance of the directions of the House or the Presiding Officer; (ii) Reports of the Government Companies established by specific Acts of Parliament or incorporated under the Companies Act, 1956; (iii) Reports of Societies or Cooperatives framed and financed by the Government institutions or bodies which are funded by Government or for which substantial grants are provided by Government; (iv) Reports of joint ventures with the State Governments; (v) Reports of Government companies under Section 619(A) of the Companies Act, 1956; (vi) Statements correcting replies to unstarred questions given earlier in the House; and (vii) Any other papers, which ought to be laid on the Table of the House. The Committee on Papers Laid on the Table, Rajya Sabha which was constituted on 3rd March, 1982 and finds mentions in Rule 212H-O of Rules of Procedure and Conduct of Business in Rajya Sabha broadly considers:— (a) Whether there has been compliance with the provisions of the Constitution or the Act of Parliament or any other law, rule or regulation in pursuance of which the paper has been so laid; (b) Whether there has been any unreasonable delay in laying the paper before the Council and if so, (i) whether a statement explaining the reasons for such delay has also been laid before the Council along with the paper, and (ii) whether those reasons are satisfactory; (c) Whether the paper has been laid before the Council both in English and Hindi and if not, (i) whether a statement explaining the reasons for not laying the paper in Hindi has also been laid before the Council along with the paper, and (ii) whether those reasons are satisfactory. 4.2 Procedure for the internal working of the Committee on Papers Laid on the Table (COPLOT) (i) Examination of Papers— Every Paper laid on the Table and a suggestion from a Member relating to a Paper Laid on the Table or a direction of the Council or the Chairman is first attended to by the Rajya Sabha Secretariat and, if necessary, a memorandum prepared which, after approval by the Chairman of the Committee, is placed before the Committee on Papers Laid on the Table together with facts or comments on the paper wherever obtained from the Ministry concerned and background notes. (ii) Notice of sitting and circulation of papers—When the date and time of a sitting of the Committee have been fixed, notice thereof along with the papers, if any, is circulated to the Members of the Committee. (iii) Papers circulated to the Committee, to be confidential—The papers circulated to the Committee shall be treated as confidential and the content thereof is not divulged to anyone without the permission of the Chairman of the Committee. (iv) Special invitees—A Member who is not a member of the Committee may be invited to attend a sitting of the Committee under the orders of the Chairman of the Committee but he shall not have a right to vote. (v) Report of proceedings—A record of the Proceedings of each sitting of the Committee is kept. (vi) Minutes of sitting—The Secretariat prepares draft minutes of the sitting of the Committee for approval of the Chairman of the Committee or the member who presided at the sitting, as the case may be. (vii) Mention of evidence in minutes—The fact that evidence was given before the Committee is mentioned in the minutes of the relevant sitting.
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(viii) Circulation of minutes—The minutes of each sitting of the Committee is circulated to the members of the Committee. (ix) Minutes to be appended to report—The minutes of the sitting of the Committee is appended to the relevant report of the Committee and presented to the Council along with the report. (x) Extension of Time for laying of Papers—The matter pertaining to the routine cases of extension of time sought by the various Ministries are decided by the Chairperson of the Committee. Sometimes, in case of inordinate delay in laying of papers, the extension is granted by the Committee. (xi) Updation of data pertaining to list of organizations under different Ministries—The data pertaining to the list of organizations under the administrative control of different Ministries is updated regularly on the basis of information furnished by different Ministries/Departments. (xii) Session-wise Reports—A session-wise Comprehensive Report is prepared which lists out Ministry-wise, the papers laid during the previous session, whether there has been any delay, and whether there has been a failure to comply with the statutory provisions pursuance to which the paper has been laid. (xiii) Subject-wise Reports—Reports on items selected for detailed examination are also prepared from time to time. 4.3 Registers, Reports and Returns The following informations are maintained in the Section. (i) Register of Reports:
Report No. Subject Date of Adoption Date of Presentation Action Taken Report, if any with date of report
(ii) Register of Meetings: Year———————
Meeting No. Date & Time Location & venue Subject Discussed Evidence, if Recorded
(iii) Guard file of Committee membership—A separate folder is opened whenever the Committee is constituted, and the Bulletins/Order of membership is placed in chronological order to provide instant information of the composition of the Committee on a given date. (iv) Guard files of Tours—The files contain copies of all tour programmes of the Committee during the year and tour notes in addition to the normal correspondence files on the subject. (v) Guard File of Minutes—The Minutes of the meetings of the Committee are approved on individual files. A guard file of minutes is maintained which contains the minutes of various meetings of the Committee. As soon as the Committee is dissolved the guard file is stitched and a new guard file opened when the new Committee is constituted. (vi) Register for Budget—Details of refreshments/lunch etc. ordered for the various meetings are entered and Bills received are to be checked against this. The format of the Register is as follows:— Year______
File Date Amount Subject Progressive Balance Bill No. Initial of No. spent Expenditure & Date receiver
In addition, the Committee Section maintains specific registers and other information as per requirement. 75
(vii) Register of Papers Laid—Papers laid on the Table received in the Section are not diarised in the Section Diary but are maintained in the form of Annexures for Notifications/Orders and Annual Reports & Accounts of Govt. companies respectively maintained separately on the following formats: For Government Notifications/Orders Name of Ministry/Department
Sl. GSR Subject Laid U/s (i) Due date for laying Remarks No. No. & of Act or on the Table of the regarding Date of other House (Date of delay Issue provision publication in Gazette) (ii) Actual date of laying
For Annual Reports and Audited Accounts of Government Companies/Organigations: Name of Ministry/Department—————
Sl. Name of Laid U/s of Act Year of (i) Due date Remarks No. Organigation or other Laying (ii) Date of regarding provision laying delay
(viii) Quarterly Statement of Papers Laid Under Examination: The following statement is maintained quarterly:
Sl. Name Sl. No. of Subject Issue under Taking Date of Meeting Final No. of Papers Examination UP Field Report Ministry Laid as visit if any per (with no. Register and date of adoption)
(ix) Monthly statement of meetings of the Committee is maintained. 4.4 Retention Period for various types of Files The following miscellaneous files and records are weeded out after the lapse of the period mentioned against each:—
Sl. No. Subject of file Retention period
1. Files of routine nature 1 year 2. Parliamentary Bulletins and Circulars (stitched files) Permanent 3. Peon Books 2 years 4. Attendance Register 3 years 5. Casual Leave Register 3 years 6. Leave applications (stitched file) 3 years 7. Casual leave Applications (Stitched file) 1year 8. Reports and files pertaining to examination of rules Permanent 9. Files relating to framing of rules 3 years CHAPTER-V COMMITTEE CO-ORDINATION SECTION 5.1 Responsibilities of Committee Co-ordination Section The items of work allotted to the Committee Co-ordination Section are as follows:— (a) Nomination/election of Members of Rajya Sabha to Parliamentary Committees-Nominations to all the Standing (House) Committees, Department-related Parliamentary Standing Committees, Joint Committees, Ad-hoc Committees and election of Members of Rajya Sabha to the Joint Parliamentary Committees wherever provided for; (b) Filling up casual vacancies in all Committees; (c) Election and nomination of Members of Rajya Sabha to the statutory and other bodies; (d) Compilation and printing of the publication "Rajya Sabha Committees-A Profile"; (e) Assignment to Committee Sections of work relating to Select/Joint Committees on Bills and ad-hoc Committees set up from time to time; (f) Maintaining the master data in Committee Software and monitoring updation of information in Committee Software by Committee Section and co-ordination in matters relating thereto; (g) Booking of Committee Rooms under the administrative control of the Secretariat; (h) Maintaing the master data in Management Information System (MIS) Software relating to election/ nomination of Members to the statutory and other bodies on which Members of Rajya Sabha are represented; (i) Guidelines regarding Study Tours of Parliamentary Committees; (j) Direction of Chairman, Rajya Sabha regarding Statements by Minister in the House on the status of implementation of recommendations contained in the Reports of DRSCs; (k) Revision of ceiling on the expenditure on refreshments served in the meetings of Parliamentary Committees; (l) Reference from various Sections and other quarters, if any, on policy and procedural matters relating to the functioning of Parliamentary Committees; (m) Laying of the Reports of DRSCs being serviced by the Lok Sabha Secretariat on the Table of Rajya Sabha; (n) Processing of all references received from Ministries/Departments of Central Governments/State Governments and individual Members seeking approval of the Chairman, Rajya Sabha to the nomination of Rajya Sabha Members to various Committees/Bodies and handling all correspondence with the Lok Sabha Secretariat on matters referred to Joint Parliamentary Committee on Offices of Profit; (o) Processing of cases relating to amendments to the Third Schedule to the Rules of Procedure and Conduct of Business in the Council of States; (p) Preparation and updation of Mailing List for circulation of Reports of Parliamentary Committees; and (q) Any other item of work relating to Committees. 5.2 Committee Co-ordination Committee-Co-ordination Section will co-ordinate all Committee matters relating to formulation, implementation and interpretation of Rules of Procedure and Conduct of Business, and Directions of Chairman, Rajya Sabha in pursuance to the Rules, including the following:— (i) Formulation/amendment of Rules of Procedure in relation to Committees:—Draft rules will be examined in the Section and memorandum drafted and forwarded to the Legislative Section for placement before the Rules Committee. (ii) Directions of Chairman regarding working of the Committees:—All cases involving issue of Directions of Chairman on the working of Committees will be processed in the Section which will maintain the relevant Guard File.
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(iii) Issue of Parliamentary Bulletin Part-II:— All Parliamentary Bulletins Part-II relating to rules, composition, procedures, Directions of Chairman in respect of Committees will be issued from the Section. (iv) Co-ordination with Lok Sabha Secretariat on Committee matters. 5.3 Re-constitution of Standing Committees of the Rajya Sabha The following Standing Committees of the Rajya Sabha are re-constituted each year. The nomination is done by the Hon'ble Chairman:— 1. *Business Advisory Committee (11) 2. *Rules Committee (16) 3. Committee of Privileges (10) 4. Committee on Petitions (10) 5. Committee on Government Assurances (10) 6. Committee on Subordinate Legislation (15) 7. Committee on Papers Laid on the Table (10) 8. House Committee (10) 9. *General Purposes Committee (no fixed membership) (* Hon'ble Chairman is the Chairman and Deputy Chairman an ex-officio member) Apart from the above-mentioned Committees, this Section is also concerned with the re-constitution of two financial Committees viz. Public Accounts Committee and Committee on Public Undertakings and the Committee on the Welfare of Scheduled Castes and Scheduled Tribes to which Members of Rajya Sabha are elected by a Motion in the House. For the purpose of re-constitution, as per the convention and practice, an informal meeting of Leaders of various parties/groups in the Rajya Sabha having a numerical strength five or more Members is held with the Leader of the House/Minister of Parliamentary Affairs, with a view to deciding on the quota for each party/group on the various Standing Committees, and the Chairmanship of the Standing Committees. A statement showing seats available, current representation of various parties etc. is prepared by Committee Co-ordination Section. The quota is worked out by dividing the effective strength of the Rajya Sabha by the number of seats available on various Committees, to give the multiplier, which is to be applied to the party strength to give the total number of seats for the party. This is divided as equally as possible across the various Committees. The exercise is done separately in respect of the above first 8 Committees for which Hon'ble Chairman makes nominations and to the 3 Committees to which elections are held. In respect of the 8 Committees to which nominations are to be made, after the leaders of parties/groups have mutually agreed, they are requested to submit the names of the Members from their parties/groups for consideration of the Chairman by a specified date. In suggesting names, Leaders generally keep in mind that as far as possible a Member does not serve on a Committee for more than two consecutive terms. As regards seats available to smaller groups, Independent and Nominated Members, the Chairman nominates, subject to availability, from amongst them after taking into account their preferences, if any, or their professional background. After all the names have been received, a consolidated statement showing Members suggested by parties/groups are put up before Chairman for nomination. After Hon'ble Chairman has approved, the names of Memebrs so nominated are notified in the Parliamentary Bulletin Part-II. They are also formally informed about nominations individually by Committee Sections concerned. In respect of the three Committees to which elections are to be held, if the number of nominations exceeds the number of vacancies, elections are held and the process is co-ordinated by Committee Co-ordination Section. (see Sl. no. 7 below) In addition to the above Committees, Committee Co-ordination Section is also concerned with the constitution of the Committee on Ethics and nomination of Members thereto. The Leaders/Deputy Leaders/Chief Whips of Major Parties are generally nominated to this Committee. 78
The General Purposes Committee is constituted after the process of re-constitution of Department-related Parliamentary Standing Committees and eight Standing Committees is completed. The Committee shall consist of the Chairman, the Deputy Chairman, Members of the Panel of Vice-Chairmen, Chairmen of all Standing Parliamentary Committees of the Council, Leaders of recognised Parties and Groups in the Council and such other Members as may be nominated by the Chairman. 5.4 Constitution of Department-related Committees and ad-hoc Committees Department-related Parliamentary Standing Committees (DRSCs) are constituted under Rule 268 of the Rules of Procedure every year. The eight Department-related Parliamentary Standing Committees, which are under the administrative control of Chairman, Rajya Sabha are Committee on Commerce; Committee on Home Affairs; Committee on Human Resource Development; Committee on Industry; Committee on Science and Technology, Environment & Forests; Committee on Transport, Tourism and Culture; Committee on Health & Family Welfare; and Committee on Personnel, Public Grievances, Law & Justice. Each Committee consists of ten Rajya Sabha Members and twenty-one Lok Sabha Members. The Rajya Sabha Members are nominated by the Chairman, generally in proportion to the numerical strength of various parties in a manner similar to that for Standing Committees. Political parties may suggest the names of their party members, which are then submitted for consideration of the Chairman, who also appoints Chairman of the eight Department-related Parliamentary Standing Committees being serviced by the Rajya Sabha Secretariat. After the approval of the Hon'ble Chairman is obtained, the names of members of the 24 Committees and the Chairmen of 8 of these Committees as nominated/appointed by the Hon'ble Chairman are communicated by the Committee Co-ordination Section to the Lok Sabha Secretariat, which also intimates to the Committee Co-ordination Section the names of Lok Sabha Members nominated by the Speaker, Lok Sabha alongwith the names of the Chairmen of the 16 Committees being administered by them as appointed by the Speaker. The names of Members and Chairmen of the all the 24 DRSCs are then notified in the Parliamentary Bulletins Part-II of both the houses on a mutually agreed date which completes the process of their re-constitution. In respect of ad hoc Committees also, the Committee Co-ordination Section will process the case for obtaining orders of Chairman, Rajya Sabha on the composition and terms of reference. As per usual practice, unless otherwise decided, membership will be proposed on the basis of the ratio of strength of the various political parties in the Council and names will be proposed by the Leaders of parties. Committee Co-ordination Section will obtain orders of Secretary-General as to the Committee Section to which the work of the ad hoc Committee is to be allocated. 5.5 Other cases of nomination to Parliamentary Committees (i) Nomination of Members of Rajya Sabha to the Joint Parliamentary Committees administered by Lok Sabha:— The Section shall follow a similar procedure described above after obtaining orders of Chairman, Rajya Sabha and convey the names to Lok Sabha Secretariat. (ii) Filling in of casual vacancies:— All cases of casual vacancies of Rajya Sabha Members in any Committee (other than a Joint/Select Committee constituted through a motion adopted by the house) shall be examined by the Committee Co-ordination Section and orders of Chairman, Rajya Sabha, obtained for filling up the vacancies. Where membership is based on proportional party strength, the names recommended by the Leader of the Party, whose vacancy it belongs, will be obtained and submitted for orders of the Chairman, Rajya Sabha. In cases of Committees constituted by a motion in the House, message from the Lok Sabha calling upon the Rajya Sabha to elect a specified number of Members of Rajya Sabha for filling up the vacancies is received. After the message is reported by the Secretary-General to the Rajya Sabha, the Notice of motion from the Ministry of Parliamentary Affairs is given for being moved in the House. On the adoption of the Motion, the election process is set in motion by notifying the election programme, viz., date of filling of nominations, withdrawal of candidature and date of election, in the Rajya Sabha Parliamentary Bulletin Part-II. The result of the election is notified in the Rajya Sabha Parliamentary Bulletin Part-II and a Message to the Lok Sabha in this regard is also sent. (iii) Joint/Select Committees on Bills:— All notices of motion for formation of Joint/Select Committees on Bills will be processed by Bill Office as hitherto. On the adoption of the motion and formation of the Committees, Committee Co-ordination Section shall process the case for assigning the Committee work to one of the Committee Sections of the Secretariat with the approval of the Secretary-General. All cases of filling of casual vacancies will be processed by the Section concerned directly. 79
5.6 Nomination of Members to various Parliamentary Fora The Committee Co-ordination Section shall process nomination of requisite number of Members of Rajya Sabha to the following Parliamentary Fora mentioned against each:— (i) Parliamentary Forum on Water Conservation and Management (10); (ii) Parliamentary Forum on Youth (10); (iii) Parliamentary Forum on Children (10); and (iv) *Parliamentary Forum on Population and Public Health (10). (v) Parliamentary Forum on Global Warming and Climate Change (10) (*Hon'ble Chairman is the President, while Hon'ble Speaker is the Co-President of the Forum) The Chairman, Rajya Sabha nominates the requisite number of Rajya Sabha Members to these Fora, generally from amongst the Leaders of Parties and Groups, or their nominees who have special knowledge/keen interest in the subejct. The Chairman may also nominate additional vice-Presidents/Members to the Forum. The nomination is, thereafter, notified in the Parliamentary Bulletin Part-II and the same is also communicated to the Lok Sabha Secretariat. The Section shall also process the agenda for the meetings of the Forum on Population and Public Health, which are submitted for the approval of Chairman, Rajya Sabha. After approval these are communicated to the Lok Sabha Secretariat, which administers all the above Fora. 5.7 Election and Nomination of Members Work relating to Election/Nomination of Members of the Rajya Sabha to various Committees and statutory bodies on which Rajya Sabha is represented is dealt with in this Section. There are about 64 such bodies. The election work involves scrutiny of motions for election received from the concerned Ministers, preparation of item for List of Business; Preparation and Notification of programme of election after the Motion is adopted by the House, scrutiny of nomination papers; holding of elections when necessary and publication of election results in Parliamentary Bulletin Part-II. The work, both in election and nomination cases, includes sending of information to the Ministries and Members concerned about the result. Messages, wherever necessary, are also sent to the Lok Sabha. The Section has to keep a careful watch on the vacancies, which may arise due to various reasons such as completion of term or retirement of the Member etc; and remind the concerned Ministries to take necessary action in advance in such cases. In cases of election of Members, the concerned Minister sends notice of Motion for election of a Member(s) of Rajya Sabha on a particular body or Committee. The text of the Motion is then scrutinized in the light of statutory provisions and, edited, if necessary. It is included in the List of Business. If the Motion is adopted by the House, the election schedule is worked out in consultation with the Ministry of Parliamentary Affairs and the same is notified in Parliamentary Bulletin Part-II giving the date and time up to which nominations are to be received and withdrawals to be made, and the date, time and mode of election; the venue is also indicated. Nominations and withdrawals are required to be made on proforma specified for the purposes. Nominations received are scrutinized and depending upon the withdrawals that take place, the election, if necessary, is held. The election result is notified in the Parliamentary Bulletin Part-II. The concerned Member and the Ministry are also informed. The work relating to election to Joint Committee on Offices of Profit, Public Accounts Committee, Committee on Public Undertakings, Committee on the Welfare of Scheduled Castes and Scheduled Tribes is slightly different. The Lok Sabha Secretariat sends a Message at the level of Secretary-General. After being reported to the House, it is sent to the Secretariat. The Ministry of Law and Justice in case of Joint Committee on Offices of Profit and the Ministry of Parliamentary Affairs in respect of other three Committees are requested to send motions for adoption. Then the election work proceeds as enumerated above. After election process is over, a Message is sent to Lok Sabha intimating the names of Rajya Sabha Members appointed to the Committees. 5.7.1 Election Arrangements: Elections are to be held by proportional representation by means of the single transferable vote. The detailed counting and calculation procedure followed in the case of elections by proportional representation is given in separate instructions issued by the Lok Sabha Secretariat "Regulations for Holding of Elections to Committees by 80 means of single transferable vote" and generally applied to such cases. The following main arrangements need to be ensured:— (i) in case the number of candidates, after time for withdrawal is over, exceeds the total number of vacancies, election must be held, (ii) election is conducted under the supervision of the Secretary-General, who is the Returning Officer. The Section will put up a file for orders of Secretary-General with regard to deputing of sufficient officials and Officers for election and counting duty, (iii) for smooth conduct of the election, room has to be booked well in advance and furniture arranged to enable polling and counting. Sufficient publicity has to be given through notice boards, CCTV, and placards near the venue of the election, (iv) election material has to be arranged well in advance including the following:- (a) Ballot box with locking arrangement and slit. (b) Lock, sealing wax, paper seals etc. (c) Serially numbered ballot papers on the prescribed format, giving the names of the candidates. (d) Up-to-date list of voters, preferably the Division Roll (bilingual) used for daily attendance for recording the signatures of voting Members. (e) Sufficient quantities of pens, pencils, rubber bands, damp pads, labelled trays for placing votes at the time of counting. (f) Transfer sheets, printed on the prescribed format, for transfer of surplus votes of elected candidates. (g) Ballot account list. (h) Master voters' List for reconciliation of number of votes. A vote-counting and calculation rehearsal should be held for the counting staff a day before the actual poll. To ensure smooth conduct of the poll, 3-4 tables may be provided each with a separate portion of the Division roll so that Members can sign and obtain the ballot papers with facility. After the polling period is over and before the ballot box is opened, the used ballot paper counter-foils will be counted and reconciled with the number of Members voting. Thereafter, the ballot box will be opened in the presence of such candidates and their authorized agents as may be present, and ballot papers counted into bundles of 20, and total number verified with the ballot paper account. Thereafter ballot papers are separated as per first preference votes and placed in separate trays, each labelled with the candidates name. The further counting and transfer of surplus votes is done as per instruction in the Regulations. At each stage the elected candidate's name is announced before the surplus votes are distributed. After the election process is completed, the election sheet is signed by the Returning Officer. All related papers e.g. used ballot papers, unused ballot papers, Division rolls, etc, are placed in separate envelopes sealed and kept in safe custody. 5.7.2 Nominations to Statutory Bodies/Committees: For nomination of Members, the concerned Ministry sends requests for nomination of Members of Rajya Sabha on a particular body or Committee Co-ordination Section shall process all such requests and submit a proposal for nomination of Members of Rajya Sabha to the Statutory Body/Committee concerned to the Chairman, Rajya Sabha with the following details:- (i) Names of Members of Rajya Sabha previously nominated to that Body; (ii) Statement of existing Members of Rajya Sabha on various Statutory Bodies; and (iii) Statement of existing Members of Rajya Sabha showing their areas of interest/specialization. 81
After the Hon'ble Chairman nominates the requisite number of Members to a particular Body/Committee, the Committee Co-ordination Section shall inform the Member(s) concerned and the Ministry concerned of the nomination(s). The following register of Elections/Nominations (details also available on the Rajya Sabha website) is maintained to monitor the process, with a page reserved for each Act/Rule:— (i) Name of Act/Rule; (ii) Provision(s)/Section for election/nomination/Casual Vacancy; (iii) No. of Members at a time; and (iv) Whether nomination/election.
Sl. No. Name of the Whether Date of Date of Gazette Membership Member Regular or Election/ Notification, valid upto Casual Nomination if relevant
Requests from various State Governments seeking approval of Hon'ble Chairman to the nomination of Members of Rajya Sabha to various Committees/Bodies of the respective State Governments and Central Government are received from time to time and orders of Hon'ble Chairman are solicited thereon by the Section. These requests are examined to see whether Offices of Profit are involved. In cases where the Joint Committee on Offices of Profit has earlier examined the membership of a particular Body and exempted such membership as being an office of profit, a reply to the Government concerned is sent. To facilitate, a view being taken, Committee Co-ordination Section consults the lists of exempted bodies as notified from time to time by the Lok Sabha Secretariat. In other cases, whenever referred, the Joint Committee on Offices of Profit is consulted for its opinion/recommendations through the concerned Section of the Lok Sabha Secretariat. Thereafter, approval of Hon'ble Chairman is communicated to the respective State Government. 5.8 Operational responsibility for Committee Software Committee Section concerned will have nodal responsibility for updating the database in the Committee Software including uplinking of Committee Reports (English and Hindi) on the Rajya Sabha Website. Details of the procedure are given in the Software Manual. Committee Co-ordination Section will be directly responsible for maintaining up-to-date Master data relating to:— (a) List of all Committees; (b) Dates of constitution/re-constitution of Committees; (c) Changes in membership; and (d) availability status of Committee Rooms with in the control of Rajya Sabha Secretariat. The Committee Co-ordination Section will also be responsible for the following:— (a) monitoring the updating of Committee meeting and study visit data by the Committee Section concerned; (b) monitoring the extraction of Committee recommendations and their placement in database by the respective Committee Sections. For this purpose all Sections administering Committees will endorse a copy of all relevant papers to Committee Co-ordination Section, including the following:— (i) Notices of meetings and their rescheduling/cancellation; (ii) Notices of study visits, study tour programmes and liaison details; and (iii) List of Officers on tours with Committees. Committee Co-ordination Section will maintain Committee-wise folders in respect of each of the above three sets of items and bring to the notice of the Joint Director in-charge in case the database is not updated in accordance with the endorsed copy of the papers. 5.9 Operational responsibility for MIS Software After Members are nominated/elected to a particular Body/Committee, the Committee Co-ordination Section shall update the details in the MIS Software, whose output is reflected on the Rajya Sabha Website under the link of Membership 82 of Statutory Bodies. Committee Co-ordination Section will be directly responsible for maintaining up-to-date Master data relating to:— (a) List of all Statutory Bodies; (b) Membership of Members to various Statutory Bodies (c) Dates of nomination/ election of Members to Statutory Bodies; (c) Date and para number of Rajya Sabha Parliamentary Bulletin Part-II notifying the nomination/election of Members to Statutory Bodies; (d) Updation of date of constitution/re-constitution of Statutory Bodies based on Gazette Notifications received from various Ministries/Departments; and (d) Names of Master Acts/Rules and relevant Sections/Sub-Rules governing the various Statutory Bodies. 5.10 Laying/Presentation of the Reports of Joint Parliamentary Committees including DRSCs coming under the administrative jurisdiction of Lok Sabha Secretariat Requests for laying of Reports of Joint Parliamentary Committees being serviced by the Lok Sabha Secretariat alongwith the following are received from their concerned Branches at least one day prior to the day on which the Report is intended to be laid on the Table of the House:— (i) Entry for the List of Business; (ii) Formula (both in English and Hindi); and (iii) copies of the Report to be laid on the Table (in English and Hindi), duly authenticated by the Chairman of the Committee. Committee Co-ordination Section shall process the above requests and a draft item for inclusion in the List of Business of Rajya Sabha for the particular date will be prepared for approval. After approval, the same alongwith the Entry, formula and the Reports are forwarded to Table Office for laying the same on the Table of the House. In cases where the Reports of Joint Committees are to be presented to the Presiding officers during the inter-section period pursuant to the Directions issued by them, the concerned branch of Rajya Sabha Secretariat and Lok Sabha Secretariat, as the case may be, shall cause the Report to be presented to the Presiding officer concerned and then send the intimation of such presentation to the other Secretariat for information of the Presiding officer concerned along with the authenticated copies of the Report and the Parliamentary Bulletin Part-II issued/proposed to be issued in that regard. Such intimations received from the concerned branches of Lok Sabha Secretariat will be processed by the Committee Co- ordination Section and the matter placed before the Chairman, Rajya Sabha through Secretary-General along with authenticated Reports of Committee for his information. Necessary Part-II Bulletin notifying the fact of the Report being received for information of the Chairman, Rajya Sabha, after approval, will also be issued by the Committee Co-ordination Section. 5.11 Allotment of Committee Rooms for meetings Committee Co-ordination Section will be responsible for processing all request received from various quarters for booking of the two Committee Rooms under its jurisdiction viz., Committee Room 'A', Parliament House Annexe and Committee Room 63, Parliament House for the purpose of holding of Committee meetings. In case, these Rooms are vacant and requests from Members, Ministries etc. are received, these are examined by the Committee Co-ordination Section under the relevant Rules/precedents and if allocation is permitted by the appropriate authority, then a confirmation is sent to the concerned Member/Ministry. Committee Co-ordination Section also makes arrangements for allocation of Committee Rooms for the examination of Demands for Grants of various Ministries by the respective Department-related Parliamentary Standing Committees during the Budget Recess. For this purpose, additional Committee Rooms under the jurisdiction of Lok Sabha Secretariat are temporarily placed under it and allocation of these Rooms are done by the Section in co- ordination with the concerned Committee Sections. 5.12 Maintenance and publication of information Committee Co-ordination Section shall maintain Committee-wise Guard File showing changes in Committee Membership from time to time. The Section shall also annually bring out the publication 'Rajya Sabha Committees-A Profile', giving the details of Committee Reports, important recommendations made therein, Committee meetings and study visits undertaken by them and other statistical data. CHAPTER-VI COMMITTEE SECTION (ETHICS) 6.1 Introduction 6.1.1 Origin/Setting up of Ethics Committee in Rajya Sabha: The General Purposes Committee of the Rajya Sabha in 1997 considered a proposal for setting up of a Parliamentary Committee on Ethics and decided that a Committee be set up with regard to the Conduct of Members of Rajya Sabha, as an internal self-regulatory mechanisms of the Council. The Committee authorized the Chairman, Rajya Sabha to constitute the Ethics Committee consisting of Members of Rajya Sabha. Accordingly, the Committee on Ethics of Rajya Sabha consisting of nine Members was constituted by the Chairman, Rajya Sabha on 4 March, 1997, to oversee the moral and ethical conduct of the Members and to examine the cases referred to it with reference to the ethical and other misconduct by Members. The decision of setting up a Committee on Ethics got a fillip with the adoption of a resolution in the Special Session of the Parliament on the occasion of the Golden Jubilee of Independence held from 26th August to 1st September, 1997 which inter-alia specifically referred to the preservation of prestige and dignity of the Parliament in conformity with the Rules of Procedure and Conduct of Business and directions of Presiding Officers relating to orderly conduct of Business (Annexure-6.1). The Committee on Ethics of the Rajya Sabha was, in fact, the first such Committee to be set up by any legislature in India. Subsequently, the strength of the Committee was raised to ten Members. Members of the Committee including its Chairman are nominated by the Chairman, Rajya Sabha and they are generally leaders/deputy leaders/whips of their parties in the Rajya Sabha. 6.1.2 Constitution of the Committee: The Committee consists of ten Members nominated by the Chairman, Rajya Sabha from time to time. The Committee holds office until a new Committee is constituted. Casual vacancies in the Committee are filled by the Chairman, Rajya Sabha. The Chairman of the Committee is appointed by the Chairman, Rajya Sabha from amongst the Members of the Committee. If the Chairman of the Committee is unable to act for any reasons, the Chairman, Rajya Sabha may appoint another Chairman of the Committee in his place. However, if the Chairman of the Committee is absent from any meeting, the Committee shall choose another Member to act as Chairman of the Committee for that meeting. Presence of five Members out of the total ten Members constitutes the quorum of the Committee. 6.2 Rules regarding Committee on Ethics Prior to 20 July, 2004, for all practical purposes, the rules applicable to Committee of Privileges were applied to the Committee on Ethics with such variations and modifications as the Chairman, Rajya Sabha may from time to time had considered necessary. On 20 July 2004, a new Chapter XXIV consisting of Rules 286-303 (Annexure-6.2) regarding Committee on Ethics were added to the Rules of Procedure and Conduct of Business in the Council of States. Under Rule 292 of the Rules of Procedure, every elected Member is required to furnish information relating to his own assets and liabilities as well as assets of his immediate family Members namely, spouse, dependent children, within ninety days of his making and subscribing oath or affirmation. This rule is also in conformity with the provisions of the rules framed under Section 75A of the Representation of the People Act, 1951 (Annexure- 6.3). The Representation of the People (Third Amendment) Act, 2002 came into force w.e.f. 24th August, 2002 which inserted a new Section 75A in the principal Act. Under sub-section (3) of Section 75A of the Representation of the People Act, 1951, the Chairman, Rajya Sabha was empowered to make rules for furnishing information regarding the assets and liabilities of the Members and their immediate family. The Chairman, Rajya Sabha accordingly framed rules namely, 'The Members of Rajya Sabha (declaration of Assets and Liabilities) Rules, 2004' (Annexure-6.4). These Rules came into force on 5th August, 2004.
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Under Rule 3 of the Members of the Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004, every elected Members of the Council is required to furnish as in Form-I the following information to the Chairman, Rajya Sabha within ninety days from the date of his taking oath/or making affirmation: (a) the movable and immovable property of which he, his spouse and his dependent children are jointly or severally owners or beneficiaries; (b) his liabilities to any public financial institution; and (c) his liabilities to the Central Government or to the State Governments. The assets and liabilities in this context would mean those held in India and abroad. Under Rule 4 of the said rules, the Secretary-General shall maintain a register to be called the Register of Declaration of Assets and Liabilities of Members as in Form-II. The information contained in the Register shall be made available to any person with the written permission of the Chairman, Rajya Sabha. 6.3 Functions of the Committee 6.3.1 Main functions of the Committee: Under Rule 290 of the Rules of Procedure and Conduct of Business in the Council of States, the Committee on Ethics has the following functions to perform, namely:— (a) To oversee the moral and ethical conduct of Members; (b) To prepare a Code of Conduct for Members and to suggest amendments of additions to the Code from time to time in the form of reports to the Council; (c) To examine cases concerning the alleged breach of the Code of Conduct by Members as also cases concerning allegations of any other ethical misconduct of Members; and (d) To tender advice to Members from time to time on questions involving ethical standards either suo motu or on receiving specific requests. 6.3.2 Record keeper and overseer of the Declaration of Assets and Liabilities of Members: Under Rule 3 of Assets and Liabilities Rules, every elected member is required to furnish information regarding his or her assets and liabilities to the Chairman, Rajya Sabha. Rule 292 of rules of Procedure and Conduct of Business in the Council of States thus provides a link between the Assets and Liabilities Rules and the Committee on Ethics and by implication connotes that the Committee on Ethics is to function as a record keeper and overseer of declaration of Members under the Assets and Liabilities Rules. 6.3.3 Preparation of Register of Declaration of Assets and Liabilities: Committee Section (Ethics), on behalf of Secretary-General, prepares the Register of Declaration of Assets and Liabilities, according to the format prescribed in the Assets and Liabilities Rules. Accordingly, the declaration in Form-I (format at Annexure-6.5) submitted by the Members are duly processed and converted to Form-II (format at Annexure-6.6). After approval of the same, they are placed in the Register of Declaration of Assets and Liabilities as in Form-II. This information, as contained in the Register, is made available to any person with the written permission of the Chairman, Rajya Sabha and in RTI cases also. The revised Form-I submitted by Members as per sub-rule 3(2) of the Assets and Liabilities Rules are also processed in the same manner, for preparation of revised Form-II. 6.3.4 Register of Members' Interests: Under sub-rule (1) of Rule 293 of the Rules of Procedure, the Committee is mandated to maintain a "Register of Members' Interests" and also to determine its Form. The Committee in its Fourth Report identified the following five pecuniary interests-viz. (i) Remunerative Directorship (ii) Regular Remunerated Activity (iii) Shareholding of Controlling Nature (iv) Paid Consultancy and (v) Professional Engagement. Information pertaining to these interests is furnished by Members in the Prescribed Form for registration in the "Register of Members' Interests" (format at Annexure-6.7). The declarations received are kept in a Register which is maintained by the Committee Section (Ethics). 85
6.3.5 Procedure for making complaint: Under Rule 295: (1) Any person may make a complaint to the Committee regarding alleged unethical behavior or breach of the Code of Conduct by a Member or alleged incorrect information of a Member's interests. (2) The Committee may also take up matters suo motu. (3) Members may also refer cases to the Committee. (4) A complaint should be addressed in writing to the Committee or to an officer authorized by it in such form and manner as the Committee may specify. (5) The complaint shall be couched in temperate language and be confined to facts. (6) A person making a complaint must declare his identity and submit supporting evidence, documentary or otherwise to substantiate his allegations. (7) The Committee shall not disclose the name of the complainant, if so requested and if the request is accepted by the Committee for sufficient reasons. (8) A complaint based merely on an unsubstantiated media report shall not be entertained. (9) The Committee shall not take up any matter which is sub judice and the decision of the Committee as to whether such matter is or is not sub judice shall for the purposes of this rule be treated as final. 6.3.6 Procedure for inquiry: Under Rule 296: (1) If the Committee is satisfied that the complaint is in proper form and the matter is within its jurisdiction, it may take up the matter for preliminary inquiry. (2) After the preliminary inquiry, if the Committee is of the opinion that there is no prima facie case, the matter may be dropped. (3) If a complaint is found to be false or vexatious, or made in bad faith, the matter may also be taken up as an issue of breach of parliamentary privilege. (4) If the Committee is of the opinion that there is a prima facie case, the matter shall be taken up by the Committee for examination and report. (5) The Committee may frame rules from time to time to give effect to its mandate and for conducting inquiries either by itself or by any official acting under its authority. (6) The Committee shall ordinarily hold its meetings in camera. 6.3.7 Sanctions: When the Committee finds that a Member has indulged in unethical behaviour or that there is other misconduct or that the Member has contravened the Code/Rules, it may under Rule 297, recommend the imposition of one or more of the following sanctions viz.: (a) censure; (b) reprimand; (c) suspension from the House for a specific period; and (d) any other sanction determined by the Committee to be appropriate. 6.3.8 Power of Chairman to refer a question of ethical and other misconduct to Committee: Under Rule 303, the Chairman may refer any question involving ethical or other misconduct of a Member to the Committee for examination, investigation and report. 86
6.4 Committee Section (Ethics) Committee Section (Ethics) has been constituted to service the Committee on Ethics. The section is headed by a— Committee Officer. The main functions of the Section are as follows: (i) Arrangements for meetings including preparation/issuance of notices, telegrams, e-mails, SMSes, agenda papers, letters, office memoranda and other correspondence; and also ensuring smooth functioning of Committee meetings and liaison with the Chairman of the Committee; (ii) Preparation of memoranda, background notes, minutes, reports, Notes on Procedures, Articles for journals, maintenance of records and database; (iii) Ensuring timely submission of information by Members in respect of their assets and liabilities and pecuniary interests and issuing reminders in cases of delayed submission of required information; (iv) Maintenance of "Register of Declaration of Assets and Liabilities of Members" and "Register of Declaration of Members' Interests"; (v) Processing of complaints against Members regarding alleged unethical behaviour or breach of the Code of Conduct or alleged incorrect information of a Member's interest; (vi) Devising and maintaining MIS in respect of files, registers, folders, reference and other books, reports etc.; (vii) Timely submission of periodical statements; (viii) Maintenance of computerized diary system along with manual diary; (ix) Proposing budgetary grant for the Section and processing and updating the expenditure position; and (x) Any other work assigned to the Section. The work of the Section is supervised by the Deputy Director/Joint Director/Director and Joint Secretary/Additional Secretary who are responsible for overall coordination, quality of output and liaison with Members and Chairman of the Committee, to obtain the permission of the Chairman, Rajya Sabha through the Secretary-General for Committee's study visits, and to call for evidence of representatives of State Governments identified by the Committee. 6.4.1 Common Procedures: Some practices, applicable to Committee Section (Ethics), in common with other Committee Sections, are given below:— Membership: Committee (Co-ordination) Section initiates necessary action for the nomination of the Members of the Rajya Sabha to the Committee on Ethics. The Committee holds office until a new Committee is constituted. Casual vacancies in the Committee are filled by the Chairman, Rajya Sabha. After nomination of Members to the Committee by Hon'ble Chairman, Committee (Coordination) Section issues a Part-II Bulletin and informs the Committee Section concerned which in turn informs the individual Members nominated to the Committee, through letters issued at the level of Deputy Director/Joint Director (specimen of letter at Annexure-6.8). Committee (Coordination) Section also initiates necessary action for filling up the casual vacancy arising in the Committee due to retirement, resignation (from the Rajya Sabha or from the Committee) death or induction of a Member as a Minister. Notices of Meetings of Committees: Meetings of the Committee are fixed and agenda decided upon in consultation with the Chairman of the Committee and Members are informed about the date, time and place of the meeting at both local and permanent addresses by sending notices, emails and SMSes also. A standard text as given in Annexure-6.9 is used while issuing notices. In case a meeting has been called at short notice, it is ensured that telegrams/SMSes are issued promptly. Meetings are not held after commencement of a sitting of the House and before 3.00 PM on days when the House is sitting. Unless the Chairman, Rajya Sabha permits otherwise a sitting of the Committee is held in the precincts of the Parliament House. 87
As soon as new Committee is constituted or a Member nominated, the Committee Section shall obtain the details of local and permanent addresses, telephone numbers etc. from the intranet and Distribution Section and keep an updated list at all times. After the agenda is finalized, a reminder notice (specimen at Annexure-6.10) is issued a few days before the meeting indicating the agenda and enclosing the memoranda or other papers to be considered. The Committee Section has to coordinate with the Translation Section to get the Hindi version of the papers ready in time. In exceptional cases, with the approval of the Chairman of the Committee, agenda papers or supplementary material may be circulated in the meeting itself. After the date and time of a meeting are tentatively decided, booking of the venue is done through Committee (Coordination) Section which is the nodal Section for this purpose. The notice is issued thereafter with copies endorsed to all concerned for making arrangements for the meeting. Arrangements at meeting venue: On the day of the meeting, the Deputy Director/Committee Officer is required to reach the venue at least one hour before the start of the meeting and ensure that: (i) The meeting venue is open and all systems are functioning; (ii) Security Personnel is deployed at the main door of Committee Room; (iii) Reporters/Interpreters are attending (if their presence was required); (iv) Name plate of Members, additional copies of agenda papers, supplementary material including Constitution of India, rules, manuals, acts, reports etc. are available; (v) The list of confirmation of Members attending is ready; (vi) Witnesses who may be deposing before the Committee have no problem in gaining access to and locating the venue of the Committee meeting; (vii) Names and designations of witnesses, if any, have been obtained and their list typed; (viii) The attendance sheet for Members has been prepared, so that the signatures of Members are obtained as soon as they arrive for the meeting; and (ix) Arrangements for refreshments are made properly. The Joint Director will visit the venue 15 minutes before the meeting to check that all arrangements have been made satisfactorily. Cancellation/Postponement: In case a scheduled meeting is cancelled or postponed, notice thereof shall be issued to all Members with copies to all those to whom the original notice was endorsed. In case a fresh date and time has been decided and the venue booked, the new date, time and venue may be indicated in this notice itself. In case the cancellation/postponement takes place at short notice, the Committee Officer shall inform all Members over phone and also send SMSes and e-mails to them. If the cancellation/postponement takes place a few hours before the scheduled time, due to certain unforeseen circumstances, in addition to informing Members and others through the standard procedure, information in this behalf shall also be displayed at the venue of the meeting and an official shall be present at the appointed time in order to guide Members who may not have received intimation. The requests received from Members for grant of TA/DA in cases of such cancellation/postponement will be put up for orders as per procedure laid down. Procedure during Meetings: All the concerned officers of the Secretariat will be present at the venue of the meetings at least 10 minutes in advance of the meeting, and will take their places as soon as the Chairman arrives. Before and during the meeting it will be ensured that: (i) Members are supplied with copies of agenda papers if so requested; 88
(ii) Chairman is briefed of important issues, names, designations and particulars of witnesses if any who are to be called; (iii) Chairman, and if required, a Member, is advised of the factual or legal position, any matter that may arise during dicussion or evidence, in a discreet manner; and (iv) At the end of discussion on an item, the conclusion/decision of the Committee has been adequately spelt out, so that there is no difficulty in recording the minutes. Evidence of officials and non-officials: The Committee shall have powers to require the attendance of persons or the production of papers or records, if such a course is considered relevant and necessary for the discharge of its duties. Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purpose of the Committee, the question shall be referred to the Chairman whose decision shall be final. Subject to the above provisions, a witness may be summoned by the Committee and he shall produce such document as are required for the use of the Committee and it shall be the absolute discretion of the Committee to treat any evidence, oral or documentary, tendered before it as secret or confidential. Evidence of State Governments Officials: As per the directions of Chairman, Rajya Sabha, [R.S. Bulletin Part-II No. 37208 dated 28.1.1999] whenever it is felt necessary to invite an official of a State Government to appear as a witness before a Committee or to ask the State Government to produce a document or paper before the Committee, the orders of the Chairman, Rajya Sabha shall be obtained before the official or the State Government is asked to comply with the request. In case the Chairman, Rajya Sabha decides that it is not necessary to summon a particular State Government official as a witness, or that the State Government need not be asked to produce a paper, document or record, the Chairman of the Committee concerned may, if he thinks necessary, apprise the Committee of the decision of the Chairman, Rajya Sabha. Recording of evidence: Arrangements are made to record the verbatim proceedings of the Committee's deliberations whenever oral evidence of a witness is taken by the Committee. It is the discretion of the Committee to treat any evidence tendered before it as secret or confidential. Where witnesses appear before a Committee to give evidence, the Chairman makes it clear to him/her at the very outset that the evidence is liable to be treated as public and published, unless he/she specifically desires that all or any part of the evidence given by him/her is to be treated as confidential. It shall, however, be explained to the witnesses that even though they might desire their evidence to be treated as confidential, such evidence is liable to be made available to the Members of Parliament. It shall also be made clear to the witness that the proceedings of the Committee are confidential and he/she should not divulge any part of the deliberations to an outsider until and unless the Committee has presented its report and the relevant portion of the evidence or any document presented in the concerned meeting has been included in the report presented to the House or laid on the Table separately. A witness appearing before a Committee is expected to behave in a dignified manner. Official witnesses in particular are required to observe the decorum specified in para 12.15 of the Manual for Handling Parliamentary Work in Ministries. Attention of all witnesses is invited to the requirement of decorum by either sending a copy of the points or explained to them when they personally come for evidence. The Committee may direct, if need be, for the production of papers or records, if such a course is considered necessary for the discharge of its duties. However, Government may decline to produce a document on the ground that its disclosure would be prejudicial to the safety or interest of the State. A Committee may take evidence of experts or interested parties on its own initiative or on requests made. The witnesses who express their desire to appear before the Committee shall supply sufficient number of copies of written memoranda for circulation to the Members of the Committee who may consider the same in its sitting and then decide whether such witnesses should be called to appear before the Committee. A copy of the relevant portion of the verbatim proceedings of the sitting is forwarded to witnesses for confirmation and return by a fixed date. In case corrected copy of the proceedings are not returned by the specified date, the proceedings as recorded, are considered as final. A witness may make neat and legible corrections in the verbatim proceedings in his own handwriting before returning them to the Committee Section in original within the specified time. Such corrections are confined to factual inaccuracies, which may have occurred in the process of reporting, but not for the purpose of changing their substance by additions and deletions or for improving their literary form. 89
Subject to the provisions of the Rules of Procedure, the Committee determines its own procedure in connection with all matters before it. A Statistical Abstract of the meeting is included in the Administrative Report for the year, giving the date, time, agenda and time taken in each meeting and oral evidence, if any taken. Drawing up of Minutes: As soon as the meeting has concluded, the Minutes thereof will be drawn up. To enable this to be done accurately, the officers/officials of the Committee Secretariat shall, during the meeting, record the conclusions/decisions/points in respect of each item. The Minutes should normally record in brief the important points discussed and the decisions taken. Even if verbatim record is taken by the Reporters, the minutes should while mentioning this, give the gist of the evidence and the decisions/conclusions. Draft minutes should normally be put up within five working days. The format of the minutes will be as follows:— (i) Recitation of the date, time, venue of the meeting and meeting number. (ii) Members present, witnesses present (if any) and Secretariat officials. (iii) Agenda item wise gist of discussion, ending with the conclusion/decision on each item. (iv) Time of adjournment. In case a meeting adjourns without transacting any business, due to lack of quorum, only a Record Note of Discussion will be prepared, giving the names of Members, Secretariat officials present, gist of discussion held and time of adjournment. After approval of the minutes by the Chairman of the Committee, they are translated into Hindi and circulated to all Members, generally along with notices of the next meeting. Minutes are to be considered confidential till such time as the Report on the matter (alongwith the minutes) are presented to the House. Preparation and Publication of the Report: A draft report of the Committee is prepared by Committee Section on the basis of minutes, memoranda and other information and evidence tendered during proceedings. The draft is to be prepared under the specific direction of the senior officers as to thrust of recommendations etc., based on the deliberation in the Committee and instructions of the Committee Chairman. The chapters and paragraphs will be properly numbered and cross-referenced. It must be ensured that the report is drafted in such a way that the recommendations of the Report: (i) Confirm to the mandate of the Committee. (ii) Are in consonance with the provisions of the Constitution. (iii) Are specific and to the point and not so general as to make compliance impossible. (iv) Are free from factual errors. For convenience and ease of recording, the observations and recommendations are typed in bold in the text. The draft is put up for approval of the Joint Secretary/Addl. Secretary and the Chairman of the Committee on file. Date of meeting for adoption of the Report by the Committee is then decided. Copies of the Draft Report are then circulated to the Members of the Committee in advance of the date on which it is to be considered and adopted. The Draft Report is considered paragraph by paragraph and approved, with amendments if any, by the Committee. After the Report has been adopted by the Committee, amendments, if any, are carried in the text of the Report and approved by the Chairman of the Committee. The Committee also fixes a date for the presentation of the Report to the House and authorizes the Chairman and in his absence, another Member for the purpose. The Report will generally be arranged in the following order:— (i) Table of Contents (ii) Composition of the Committee (including period of membership) and of its Secretariat. (iii) Introduction 90
(iv) Report (comprising one or more chapters each devoted to a specific issue) (v) Observations/Recommendations at a glance (vi) Appendices to the Report (including Minutes of Meetings, tour notes etc.) The Chairman of the Committee has the power to correct patent errors or matters of factual nature in the Report, adopted by the Committee, before its presentation to the House. Three copies of the Report (Engish version) are prepared by the Section and one copy is sent to the Printing Section for printing. The second copy is sent to the Translation Section for rendering the Report into Hindi version and on receipt it is forwarded to the Printing Section. Where it is anticipated that the Report is likely to be presented at short notice, draft Report in advance is to be sent to the Translation Section and final hand corrected manuscript forwarded later to enable finalisation of the translation. The copies each in English and Hindi of the Report are got authenticated by the Chairman for presentation to the House. Photocopies of the Reports are made available to the Table Office alongwith two authenticated copies in English and Hindi for presentation in the House. On the day of presentation of report and during adoption of the motion, sufficient photocopies may be made available for the Press & Media Unit, Lobbies and Publications Counter, Rajya Sabha. The Report is ordinarily presented to the House by the Chairman but if he is unable to do so, one of the Members of the Committee, who may be authorised by the Committee, may present the Report to the House. In terms of Rule 290 of the Rules of Procedure and Conduct of Business in the Council of States, a motion for consideration of the Report will be moved by the Chairman of the Committee or any Member of the Committee. As per Rule 301, after that motion has been carried, the Chairman or any Member of the Committee or any Member, as the case may be, may move that the Council agrees or disagrees or agrees with amendments, with the recommendations contained in the Report. Format of the motion is enclosed at Annexure-6.11. A copy of the report along with the floppy is sent to NIC (Rajya Sabha) for placing onto the Rajya Sabha website. Copies of the Report are made available to the Members of the Rajya Sabha through the Publications Counter after printing. Five copies of the published Report are supplied to the Parliament Library. Electronic text of Reports: Where possible the Report, at least the English version, shall be prepared on Computer. If a portion of a Report cannot be rendered in electronic form and the Report or a part of it has to be sent to the Press as a manuscript through Printing Section, Printing Section will obtain back the complete text along with the inputted electronic text from the Government of India Press and send the text to the Committee Section for linking to the Internet through Committee software. Electronic version of all the Committee Reports in Hindi and English are placed on the webpage of "Committee on Ethics" on the Rajya Sabha website. On the spot study tours of the Committee: In the normal course, the Committee on Ethics does not undertake study visits outside Delhi. In case the Committee feels it necessary in the context of a matter under its consideration it may visit a place outside Delhi, after obtaining prior approval of the Chairman, Rajya Sabha. TA/DA Bills of the Committee and the Secretariat: As soon as a meeting is over, the attendance sheet along with a copy of the notice of the meeting is sent to MS&A Section for facilitating payment of TA/DA Bills of Members. In respect of non official witnesses who are to be paid TA/DA, orders of the competent authority in this regard are obtained by the Committee Section itself and sent along with a certificate of attendance. Allocation of Budgetary Grant and updating of Budgetary position: Before the beginning of the each financial year, MS&A Section seeks Revised Estimates of the current financial year and the Budget Estimates for the next financial year. Thereafter, budgetary grants for the current financial year provided under the Head 02 00 20—Other Administrative Expenses—Members, by MS&A Section to the Committee Section (Ethics) on the basis of information furnished by the Section to defray the expenses incurred for serving refreshment/lunch in the meetings of the Committee and on the refreshment to be served in the Office of Chairman, Committee on Ethics, during the 91 financial year. Bills received in the Section from the Northern Railway Catering regarding serving of refreshments/lunch are settled on quarterly basis with the approval of the Joint Secretary. The updated budgetary position is provided to MS&A Section and Estt.(A/Cs) and Budget Section, which is usually sought twice/thrice during the financial year. 6.4.2. Miscellaneous Work: The Committee Section also performs the following functions while rendering secretarial assistance to the Committee:— (i) Hhandle correspondence with the Ministries/Departments concerned; (ii) Furnish information on matters relating to the Committee to different Sections/Branches of Rajya Sabha/ Lok Sabha Secretariats and the agencies outside; (iii) Issue errata/corrigenda to the printed Reports; (iv) Circulate printed copies of the Reports to State Legislatures, important libraries and other institutions/ establishments included in the mailing list of the Secretariat; (v) Process Railway Catering Bills for refreshments/lunches served to the Members during the course of meetings of the Committee; (vi) Maintain records including files, Reports of the Committee, minutes of the meetings of the Committee, verbatim record of evidence tendered before the Committee; retain them as per instructions and weeding out records of ephemeral nature after taking orders from the competent authority; and (vii) Maintain record of officials of the Section in respect of Casual Leave, Restricted Holidays, Compensatory leave and OTA/honorarium. 6.4.3 Records: Committee Section (Ethics) will maintain the following information: (i) Register of Reports:
Report Subject Date of Date of Date of Action Taken Report, if any No. Adoption in Presentation Adoption by with date of presentation Committee House of report
(ii) Register of Meetings: Year ———————— Meeting Date & Location & Subject Evidence, if No. Time Venue Discussed Recorded
(iii) Guard file of Committee and Sub-Committee Membership: A separate folder will be opened whenever the Committee is constituted and the Bulletins/List of Member will be placed in chronological order to provide instant information of the composition of the Committee on a given date. (iv) Guard Files of Tours: The files will contain copies of all tours programme of the Committee during the year and tour notes will be in addition to the normal correspondence files on the subject. (v) Guard Files of Minutes: The Minutes of the meetings of the Committee are approved on individual files. A guard file of minutes is maintained which contains the minutes of various meetings of the Committee. As soon as a new Committee is constituted, the guard file is stitched and a new guard file opened. (vi) Register for Refreshments Ordered: Details of refreshments/lunch etc. ordered for the various meetings are entered and bills received are to be checked against this. The format of the Register is as follows:— 92
Year ————————
Sl. No. Date of Meetings Bill No. Date of Payment Amount Sign. of C.O.
In addition, the Committee Section will maintain specific registers and other information as per requirement. 6.4.4 Use of Committees Software: Special software has been developed for the use of all Committee Sections. All Committee Sections are required to generate notices of meetings, tour itinerary, Committee Reports and recommendations etc. using the software in order to capture the data into a comprehensive data base which operates under a client-server software with web-enabled outputs for use by all Committee Sections, Members of Committee as well as the general public. The data parameters captured during the inputting include the following: Module Function/Purpose
(i) Membership This records the names, addresses, telephones, period of membership of Members of Committees and enables (i) Listing of membership on a given date. (ii) Listing of addresses and phone numbers. (iii) Automatic e-mailing of notices etc. (ii) Meetings and Keeps track of dates, time, venue and agenda of meetings/tours and since it can be seen Tour Modules on Internet, is of use to Members who may not have got intimation of a meeting or its cancellation. It is also useful to all Committee Section to plan meetings/tours. (iii) Officers on Tour Enables Secretary-General and senior officers to know details of officers on tour with Committees during a given period, since data can be seen on Intranet. (iv) Committee The recommendations made in Reports, as extracted in the last chapter of the Report are Recommendations copied and pasted into this module. This enables subsequent entry of Ministry's reply and Committee. Observations, thus facilitating preparation of Action Taken Reports since the material goes into the data base, and there is a keyword based search facilities, Committee Sections (and others as well, since the data is available on Internet) will be able to locate recommendations of any Committee pertaining to a given subject.
A separate Manual has been prepared for use in the Committee Sections to operate the software. Essentially the following processes must be done through the software to ensure that the data is captured:
Process Data items captured in the process
(i) Constitution of Committee Names, party affiliation state, address, telephone numbers and period of membership. (ii) Notices of meetings/tours Date, item, venue, agenda of meetings/tour (details of officers on tour and cancellations, postponement, booking of Committee rooms will be available on Intranet only) rescheduling etc. (also officers on tour and booking of rooms) (iii) Committee Minutes and Reports Minutes of meetings and Reports are stored systematically for access by the Section. Recommendation part of the Report is copied onto the recommendations module to enable key word search on Internet. 93
6.5 Examination of a matter referred to the Committee on Ethics pertaining to alleged unethical behaviour or any other conduct There are three stages of the processing of a complaint of alleged unethical behaviour or any other misconduct. The first stage would be the filing of the complaint with the Committee and processing thereof to ensure that the same is in conformity with the stipulations of Rule 295 of the Rules of Procedure and Conduct of Business in the Council of States. The second stage is the satisfaction of the Committee as to whether the complaint is in proper form and the matter is within its jurisdiction, whereupon, it can proceed with the matter for preliminary inquiry. At this stage, if the Committee is of the opinion that there is no prima facie case, it may drop the matter. The third stage commences when the Committee is satisfied that there is a prima facie case and goes ahead in the matter for examination and report. In actual practice, the first two stages of processing of a complaint are done at the level of the Secretariat and the proposed course of action is decided, with the approval of Hon'ble Chairman. In other words, if no prima facie case is found, the case is not remitted to the committee on Ethics for examination and report. The raison detre of this de facto practice is not to trouble the Committee with preliminary scrutiny of complaints which could well be done by the Secretariat, after obtaining approval of the Chairman, Rajya Sabha, wherever and whenever required. The Committee is, therefore, required to examine only prima facie case of breach of Code of Conduct or conduct unbecoming of a Member of Parliament and come out with its recommendations. This practice is also in tune with the practice prevailing in processing questions of privileges. 6.5.1 Case studies of 'Operation Duryodhan' and 'Operation Chakravyuh': So far, only two cases of breach of Code of Conduct have been referred to the Committee on Ethics, by the Chairman, Rajya Sabha on announcements made in the House (Annexures-6.12 & 6.13), in the wake of the telecast of two sting operations named "Operation Duryodhan" and "Operation Chakravyuh" by private channels exposing members indulging in acts of misdemeanor. The Committee taking note of the fact that one of the Members of Rajya Sabha, namely, Dr. Chhattrapal Singh Lodha, had been caught on tape accepting money for asking question in the sting 'Operation Duryodhan', recommended his suspension from the House, pending presentation of its final report in the matter. The recommendation of the Committee was made in its Fifth Report which was presented and adopted on 13th December, 2005 and was accepted by the House on the same day and consequently, Dr. Lodha stood suspended from the membership of the House. A Parliamentary Bulletin Part-II in that regard was issued by the Committee Section (Ethics) (Annexure-6.14). Subsequently, the Committee after taking into consideration the written statements/explanations of Dr. Chhattrapal Singh Lodha and also hearing him in person, as well as the representatives of the Cobrapost.com which conducted the undercover operation, and the News Channel "Aaj Tak", which had telecast the programme, as also after viewing the videotape of the telecast version of the sting operation and the raw footage thereof, reached the conclusion that Dr. Lodha had acted in a manner which seriously impaired the dignity of the House and brought the whole institution of Parliamentary democracy into disrepute. The Committee found him guilty of contravening para 5 of the Code of Conduct for Members of Rajya Sabha and recommended his expulsion from the membership of the House. The House adopted the Seventh Report of the Committee which was presented and adopted by the House on 23rd December, 2005 and Dr. Lodha, elected to the Rajya Sabha from the State of Orissa, stood expelled from the membership of the House w.e.f. 23rd December, 2005. Consequently Parliamentary Bulletin Part-II and a Gazette Notification in Extraordinary Part-I, Section-I were published on the same day (Annexures-6.15 & 6.16). In the second case, Hon'ble Chairman, Rajya Sabha made a reference about the alleged improper conduct of some Members in the implementation of MPLADS Scheme, as shown in a programme entitled 'Operation Chakravyuh' telecast by a private channel. Two of the Members shown in the said programme—Shri Isam Singh and Dr. Swami Sakshi Ji Maharaj, belonged to Rajya Sabha. Based on the written and oral submissions of the Members, representatives of Dedicated Investigative Guild (DIG) (investigative company) and Star News (broadcaster of the sting operation) and after viewing the unedited version of the programme, the Committee exonerted Shri Isam Singh of the charge of ethical misconduct and breach of Code of Conduct in view of his neither asking for nor accepting any commission in recommending works under the MPLADS. However, the 94
Committee found Dr. Swami Sakshi Ji Maharaj guilty of committing gross misdemeanor and compromising the dignity of the House. The Committee accordingly recommended his expulsion from the membership of the House in its Eight Report which was presented to the Council on 24th February, 2006. Consequently, with the adoption of the report of the Committee by the House on 21st March, 2006, Dr. Sakshi ji Maharaj, a Member elected to Rajya Sabha from the State of Uttar Pradesh, stood expelled w.e.f. 21st March. Parliamentary Bulletin Part-II and Gazette Notification in Extraordinary Part-I, Section-I dated 21st March, 2006 were published accordingly by the Section on the same day (Annexures-6.17 & 6.18).
6.6 Public access to information of 'Register of Members' Interests'
Sub-rule (3) of Rule 293 stipulates that information contained in the 'Register of Members' Interests' may be given to the general public in accordance with such rules and procedures may be determined by the Committee from time to time. Accordingly, the Committee laid down the procedure in that regard in its Sixth Report presented to the House on 15th December, 2005 and adopted by it on 21st March, 2006. Following is the operative part of the Report.
The information contained in the 'Register of Members' Interests' may be made available to a person with written permission of the Chairman, Committee on Ethics. The application should state:
(i) that person's name, occupation, and address;
(ii) the name and address of any other person or organization on whose behalf the inspection or copy is requested; and
(iii) that such person is aware of the prohibitions on the obtaining or use of the information as in the following para.
It will be illegal for any person to obtain or use the said information: (i) for any unlawful purpose; (ii) for any commercial purpose, other than by news and communications media for dissemination to the general public; (iii) for use, directly or indirectly, in the solicitation of money for any political, charitable, or other purpose.
The conditions of public access to the 'Register of Members' Interests' may be as follows:
(i) Access is to be supervised.
(ii) Inquirers may make notes. A photocopy of a Member's statement or declaration may be supplied if requested. In all cases, a photocopy will be supplied only of a Member's complete statement or declaration, and not extracts. A copy of a statement or declaration may be collected in person or may be sent by post.
(iii) the following access records will be maintained: name and address of inquirer (and organization, if relevant), date and time of inspection, and total number of pages photocopied.
(iv) Details from the register (e.g. advice as to whether a particular Member has or has not declared a particular interest or notified a particular alteration) will not be provided over the telephone.
Requests for supply of information from the Register of Members' Interest are to be dealt with in the Section as per the procedure explained above.
6.7 Making available the information contained in the 'Register of Declaration of Assets and Liabilities of Members' under the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004 and Right to Information Act, 2005
Under Rule 4(4) of the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004, the information contained in the Register of Declaration of Assets and Liabilities shall be made available to any person with written permission of the Chairman, Rajya Sabha. Only one application under the said Rule has been received so far. The requisite information was accordingly provided. However, requests have been received from time to time under RTI Act to supply information contained in the said Register. Committee Section (Ethics) have dealt with such requests and after obtaining approval of the Chairman, Rajya Sabha, under Rule 4(4) of the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004, information has been furnished to the applicants. Annexure-6.1 Resolution adopted by the Rajya Sabha at the Special Session of the Parliament on the occasion of the Golden Jubilee of Independence, 26th August to 1st September, 1997. "We, the Members of Rajya Sabha meeting in a specially convened Golden Jubilee Session of both Houses of Parliament, to commemorate the completion of half a century of freedom; Having remembered with gratitude the great sacrifices made and the salutary service rendered by our freedom fighters; Having recalled with deep satisfaction and pride the maturity of our people in vigilantly preserving democracy and safeguarding the unity of the nation and the valour of our soldiers, sailors and airmen in service to the country; Having reflected upon the state of the nation with the Preamble to the Constitution as the guide; Having then, specifically deliberated upto matters concerning our current political life, state of democracy in the country, our economy infrastructure, science, technology and human development; Do now solemnly affirm our joint and unanimous commitment to the issues hereinafter mentioned, and we also do solemnly resolve and direct that they be adopted as minimum tasks, constituting our "Agenda for India" on this historic occasion; That meaningful electoral reforms be carried out so that our Parliament and other legislative bodies be balanced and effective instruments of democracy; and further that political life and processes be free of the adverse impact, on governance of undersirable extraneous factors including criminalisation; That continuous and proactive efforts be launched for ensuring greater transparency, probity and accountability in public life so that the freedom authority and dignity of the Parliament and other legislative bodies-are ensured and enhanced; that more especially, all political parties shall undertake all such steps as will attain the objective of ridding our polity of criminalisation or its influence; That the prestige of the Parliament be preserved and enhanced, also by conscious and dignified conformity to the entire regime of Rules of Procedure and Conduct of Business of the Houses and Direction of the Presiding Officers relating to orderly conduct of business, more especially by— * maintaining the inviolability of the Question Hour, * refraining from transgresing into the official areas of the House, or from any shouting of slogans, and, * invariably desisting from any efforts at interruption with the address of the President of the Republic; That a vigorous national campaign be launched by all political parties to combat unsustainable growth of population, recognising that such growth lies at the root of most of our human, social and economic problems; That education at all levels be made employment-relevant special attention being given to quality; that achievement of the Constitutional mandate of universal primary education be achieved by A.D. 2005; That the national economy be prudently managed, with emphasis on— * efficient use of resources and avoidance of wastes, * priority attention to development of infrastructure, * generation of wealth as a sustainable means of achieving full, freely chosen and productive employment, of elimination of poverty and of securing equity and social justice; and * balanced regional development;
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That continuous efforts be made for achieving in a time bound manner, marked improvement in the quality of life of all citizens of our country with special emphasis on provision of our minimum needs-food, nutrition and health security at the house-held level; potable water, sanitation and shelter; That gender justice be established in the spirit of the Declaration and Platform for Action of the UN Fourth World Conference on Woman (1995) and be practised as a way of life, particular emphasis on education of the girl child; That constant efforts be made in terms of inculcation of values and adjustment of the life and working styles of our people to secure protection of environment and preservation of ecology and bio-diversity; That science and technology be primarily anchored in the creation of a scientific temper, by development by promotion of governmental as well as non-governmental efforts and be pressed into service not merely for economic development but human development in all its dimensions; That finally, the essence of participatory democracy be seen in the inculcation of our national spirit of self-reliance, in which our citizens are equal partners in all spheres of four national endeavour, and not simply the beneficiaries of governmental initiatives. Annexure-6.2 CHAPTER- XXIV COMMITTEE ON ETHICS 286. Committee on Ethics There shall be a Committee on Ethics. 287. Constitution (1) The Chairman shall, from time to time, nominate a Committee on Ethics consisting of ten members. (2) The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated. (3) Casual vacancies in the Committee shall be filled by the Chairman. 288. Chairman of Committee (1) The Chairman of the Committee shall be appointed by the Chairman from amongst the members of the Committee. (2) If the Chairman of the Committee is for any reason unable to act, the Chairman may similarly appoint another Chairman of the Committee in his place. (3) If the Chairman of the Committee is absent from any meeting, the Committee shall choose another member to act as Chairman of the Committee for that meeting. 289. Quorum The Quorum of the Committee shall be five. 290. Functions The Committee shall have the following functions, namely:— (a) to oversee the moral and ethical conduct of members; (b) to prepare a Code of Conduct for members and to suggest amendments or additions to the Code from time to time in the form of reports to the Council; (c) to examine cases concerning the alleged breach of the Code of Conduct by members as also cases concerning allegations of any other ethical misconduct of members; and (d) to tender advice to members from time to time on questions involving ethical standards either suo motu or on receiving specific requests. 291. Power to take evidence or call for papers, records or documents (1) The Committee shall have power to require the attendance of persons or the production of papers or records, if such a course is considered relevant and necessary for the discharge of its duties: Provided that if any question arises whether the evidence of a person or the production of a document is relevant for the purposes of the Committee, the question shall be referred to the Chairman whose decision shall be final. (2) Subject to the provisions of this rule, a witness may be summoned by the Committee and he shall produce such documents as are required for the use of the Committee; (3) It shall be in the absolute discretion of the Committee to treat any evidence, oral or documentary, tendered before it as secret or confidential. 292. Information to be furnished by members Every member shall be required to furnish information within ninety days of his making and subscribing an oath or affirmation under article 99 of the Constitution, relating to his own assets and liabilities as well as the assets and liabilities
97 98 of his immediate family members namely, spouse, dependent daughters and dependent sons, as provided in the rules framed under Section 75A of the Representation of the People (Third Amendment) Act, 2002. 293. Register of members' interest (1) There shall be maintained a 'Register of Members' interests' in such form as may be determined by the Committee which shall be available to members for inspection on request. (2) The register shall be maintained under the authority of the Council. (3) Information contained in the Register may be given to the general public in accordance with such rules and procedures as may be determined by the Committee from time to time. 294. Declaration of interests (1) Whenever a member has a personal or specific pecuniary interest (direct or indirect) in a matter being considered by the Council or a Committee thereof, he shall declare the nature of such interest notwithstanding any registration of his interests in the Register, and shall not participate in any debate taking place in the Council or its Committees before making such declaration. (2) On a division in the Council if the vote of a member is challenged on the ground of personal, pecuniary or direct interest in the matter to be decided, the Chairman may, if he considers necessary, call upon the member making the challenge to state precisely the grounds of his objection, and the member whose vote has been challenged shall state his case, and the Chairman shall then decide whether the vote of the member should be disallowed or not and his decision shall be final: Provided that the vote of a member is challenged immediately after the division is over and before the result is announced by the Chairman. Explanation:—For the purposes of this rule the interest of the member should be direct, personal or pecuniary and separately belong to the person whose vote is questioned and not in common with the public in general or with any section thereof or on any matter or State policy. 295. Procedure for making complaint (1) Any person may make a complaint to the Committee regarding alleged unethical behaviour or breach of the Code of Conduct by a member or alleged incorrect information of a member's interests. (2) The Committee may also take up matters suo motu. (3) Members may also refer cases to the Committee. (4) A complaint should be addressed in writing to the Committee or to an officer authorized by it in such form and manner as the Committee may specify. (5) The complaint shall be couched in temperate language and be confined to facts. (6) A person making a complaint must declare his identity and submit supporting evidence, documentary or otherwise to substantiate his allegations. (7) The Committee shall not disclose the name of the complainant, if so requested and if the request is accepted by the Committee for sufficient reasons. (8) A complaint based merely on an unsubstantiated media report shall not be entertained. (9) The Committee shall not take up any matter which is sub judice and the decision of the Committee as to whether such matter is or is not sub judice shall for the purposes of this rule be treated as final. 296. Procedure for inquiry (1) If the Committee is satisfied that the complaint is in proper form and the mater is within its jurisdiction, it may take up the matter for preliminary inquiry. (2) After the preliminary inquiry, if the Committee is of the opinion that there is no prima facie case, the matter may be dropped. 99
(3) If a complaint is found to be false or vexatious, or made in bad faith, the matter may also be taken up as an issue of breach of parliamentary privilege. (4) If the Committee is of the opinion that there is a prima facie case, the matter shall be taken up by the Committee for examination and report. (5) The Committee may frame rules from time to time to give effect to its mandate and for conducting inquiries either by itself or by any official acting under its authority. (6) The Committee shall ordinarily hold its meetings in camera. 297. Sanctions Where it has been found that a member has indulged in unethical behaviour or that there is other misconduct or that the member has contravened the Code/Rules, the Committee may recommend the imposition of one or more of the following sanctions viz.: (a) censure; (b) reprimand; (c) Suspension from the House for a specific period; and (d) any other sanction determined by the Committee to be appropriate. 298. Presentation of report The Report of the Committee shall be presented to the Council by the Chaiman of the Committee or in his absence by any member of the Committee. 299. Motion for consideration of report As soon as may be, after a report has been presented, a motion in the name of the Chairman of the Committee or any member of the Committee may be put down that the report be taken into consideration. 300. Amendment to motion for consideration Any member may give notice of amendment to the motion for consideration of the report in such form as may be considered appropriate by the Chairman. 301. Motion after consideration of report After the motion for consideration of the report has been carried, the Chairman or any member of the Committee or any other member, as the case may be, may move that the Council agrees, or disagrees or agrees with amendments, with the recommendations contained in the report. 302. Regulation of procedure The Chairman may issue such directions as he may consider necessary for regulating the procedure in connection with all matters connected with the examination of cases with reference to ethical and other misconduct of members either in the Committee or in the Council. 303. Power of Chairman to refer a question of ethical and other misconduct to Committee Notwithstanding anything contained in these rules, the Chairman may refer any question involving ethical and other misconduct of a member to the Committee for examination, investigation and report. Annexure-6.3 THE REPRESENTATION OF THE PEOPLE (THIRD AMENDMENT) ACT, 2002
NO. 72 OF 2002 [28th December, 2002] An Act further to amend the Representation of the People Act, 1951.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—
Short title 1. (I) This Act may be called the Representation of the People (Third Amendment) and Act, 2002. commence- ment. (2) Save as otherwise provided in this Act, the provisions of this Act shall be deemed to have come into force on the 24th August, 2002.
Insertion of 2. After section 33 of the Representation of the People Act, 1951 (hereinafter referred 43 of 1951 new section to as the Principal Act), the following section shall be inserted, namely:— 33A.
Right to "33A. (1) A candidate shall, apart from any information which he is required to information. furnish, under this Act or the rules made thereunder, in his nomination paper delivered under sub-section (I) of section 33, also furnish the information as to whether— (i) he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction; (ii) he has been convicted of an offence [other than any offence referred to in sub-section (1) or sub-section (2), or covered in sub-section (3) of section 8] and sentenced to imprisonment for one year or more. (2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in sub-section (1). (3) The returning officer shall, as soon as may be after the furnishing of information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered." Insertion of 3. After section 33A of the principal Act as so inserted, the following section shall be new section inserted and shall be deemed to have been inserted with effect from the 2nd day of 33B. May, 2002, namely:—
Candidate to "33B. Notwithstanding anything contained in any judgement, decree or order of furnish any court or any direction, order or any other instruction issued by the Election information Commission, no candidate shall be liable to disclose or furnish any such information, only under the Act and in respect of his election, which is not required to be disclosed or furnished under this the rules. Act or the rules made thereunder."
Insertion of 4. In Part V of the principal Act, after Chapter VII, the following Chapter shall be new Chapter inserted, namely:— VIIA.
100 CHAPTER-VIIA
DECLARATION OF ASSETS AND LIABILITIES
75A. (1) Every elected candidate for a House of Parliament shall, within ninety Declaration days from the date on which he makes and subscribes an oath or affirmation, according of assets and to the form set out for the purpose in the Third Schedule to the Constitution, for taking liabilities. his seat in either House of Parliament, furnish the information, relating to— (i) the movable and immovable property of which he, his spouse and his dependant children are jointly or severally owners or beneficiaries; (ii) his liabilities to any public financial institution; and (iii) his liabilities to the Central Government or the State Government, to the Chairman of the Council of States or the Speaker of the House of the People, as the case may be. (2) The information under sub-section (1) shall be furnished in such form and in such manner as may be prescribed in the rules made under sub-section (3). (3) The Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may make rules for the purposes of sub-section (2). (4) The rules made by the Chairman of the Council of States or the Speaker of the House of the People, under sub-section (3) shall be laid, as soon as may be after they are made, before the Council of States or the House of the People, as the case may be, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the Council of States or the House of the People and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect. (5) The Chairman of the Council of States or the Speaker of the House of the People, as the case may be, may direct that any wilful contravention of the rules made under sub-section (3) by an elected candidate for a House of Parliament referred to sub-section (1) may be dealt with in the same manner as a breach of privilege of the Council of States or the House of the People, as the case may be. Explanation.—For the purposes of this section,— (i) "immovable property" means the land and includes any building or other structure attached to the land or permanently fastened to anything which is attached to the land; (ii) "movable property" means any other property which is not the immovale property and includes corporeal and incorporeal property of every description; (iii) "public financial institution" means a public financial institution within 1 of 1956 the meaning of section 4A of the Companies Act, 1956 and includes bank; (iv) "bank" referred to in clause (iii) means— (a) State Bank of India constituted under section 3 of the State Bank 23 of 1955 of India Act, 1995; (b) Subsidiary bank having the meaning assigned to it in clause (k) 38 of 1959 of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959;
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(c) Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976; 21 of 1976 (d) corresponding new bank having the meaning assigned to it in clause (da) of section 5 of the Banking Regulation Act, 1949; and 10 of 1949 (e) co-operative bank having the meaning assigned to it in clause (cci) of section 5 of the Banking Regulation Act, 1949 as modified by sub- 10 of 1949 clause (i) of clause (c) of section 56 of that Act; and (v) "Dependant children" means sons and daughters who have no separate means of earning and are wholly dependant on the elected candidate referred to in sub-section (1) for their livelihood.' Insertion of 5. After section 125 of the principal Act, the following section shall be inserted, new section namely:— 125A.
Penalty for "125A. A candidate who himself or through his proposer, with intent to be elected filing false in an election,— affidavit, etc. (i) fails to furnish information relating to sub-section (1) of section 33A; or (ii) gives false informtion which he knows or has reason to believe to be false; or (iii) conceals any information,. in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both."
Amendment 6. In section 169 of the principal Act, in sub-section (2), clause (a) shall be renumbered of section as clause (aa) thereof, and before clause (aa) as so renumbered, the following clause shall be 169. inserted, namely:— "(a) the form of affidavit under sub-section (2) of section 33A;".
Repeal and 7. (I) The Representation of the of the People (Amendment) Ordinance, 2002 is hereby Ord. saving. repealed. 4 of 2002 (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act. Annexure-6.4 RAJYA SABHA
THE MEMBERS OF RAJYA SABHA (DECLARATION OF ASSETS AND LIABILITIES) RULES, 2004 RAJYA SABHA SECRETARIAT NEW DELHI 2008 THE MEMBERS OF RAJYA SABHA (DECLARATION OF ASSETS AND LIABILITIES) RULES, 2004 In exercise of the powers conferred by sub-section (3) of section 75A of the Representation of the People Act, 1951 (43 of 1951), the Chairman of the Council of States (Rajya Sabha) hereby makes the following rules, namely: 1. Short title These Rules may be called the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004 2. Definitions In these rules, unless the context otherwise requires:— (a) "Act" means the Representation of People Act, 1951 (43 of 1951); (b) "Bulletin" means the Bulletin of the Council of States (Rajya Sabha); (c) "Chairman" means the Chairman of the Council of States (Rajya Sabha); (d) "Committee" means the Committee of Privileges of the Council of the States (Rajya Sabha); (e) "Council" means the Council of the States (Rajya Sabha); (f) "Form" means a form appended to these rules; (g) "Member" means an elected member of the Council of the states (Rajya Sabha); (h) "Register" means the Register of Declaration of Assets and Liabilities of elected Members maintained under sub-rule (1) of rule 4; (i) "Secretary-General" means the Secretary-General of the Council of States (Rajya Sabha) and includes any person for the time being performing the duties of the Secretary-General; (j) "Section" means a section of the Act; (k) Words and expressions not defined herein but defined in the Act shall have the meanings respectively assigned to them in the Act. 3. Furnishing of information regarding assets and liabilities by members (1) Every member of the Council shall, within ninety days from the date on which he makes and subscribes an oath or affirmation for taking his seat, furnish as in Form-I the following information as required to be furnished by him to the Chairman in pursuance of sub-section (1) of section 75A, namely:— (i) the movable and immovable property which he, his spouse and his dependent children are jointly or severally owners or beneficiaries; (ii) his liabilities to any public financial institution; and
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(iii) his liabilities to the Central Government or to the State Governments.* (2) Every member shall notify changes, if any, in the information so furnished by him** [under sub-rule (1) as on the 31st day of March every year, by the 30th June of that year]. 4. Register of Declaration of Assets and Liabilities (1) The Secretary-General shall maintain a register to be called the Register of Declaration of Assets and Liabilities of members as in Form-II. (2) The Secretary-General shall cause entries to be made in the Register based on the information furnished by every member under rule 3. (3) The information in relation to each member, his spouse and dependent children shall be recorded on a separate page in the Register. (4) The information contained in the Register shall be made available to any person with written permission of the Chairman. 5. References to be by complaints (1) No reference of any question as to whether a member has wilfully contravened any provision of these rules shall be made except by a complaint in relation to such member made in accordance with the provisions of these rules. (2) Every complaint referred to sub-rule (1) in relation to a member shall be made in writing to the Chairman by any other member or any citizen of India. (3) Before making any complaint in relation to any member, the complainant shall satisfy himself that there are reasonable grounds for believing that such member has wilfully contravened these rules. (4) It shall be incumbent upon the complainant to ensure that the complaint is not false, frivolous or vexatious and it is made in good faith. (5) Every complaint made under rule 5:— (a) shall contain a concise statement of the material facts on which the complainant relies upon; and (b) shall be accompanied by— (i) an affidavit duly affirmed by the complainant stating that the complaint is not false, frivolous or vexatious and that it is made in good faith; and (ii) copies of the documentary evidence, if any, on which the complainant relies and where the complainant relies on any information furnished to him by any person, a statement containing the names and addresses of such persons and the gist of such information as furnished by each such person. (6) Every complaint shall be signed by the complainant and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings. (7) Every annexure to the complaint shall also be signed by the complainant and verified in the same manner as the complaint. 6. Procedure (1) On receipt of a complaint under rule 5, the Chairman shall consider whether the complaint complies with the requirements of that rule. (2) If the complaint does not comply with the requirements of rule 5, the Chairman shall not entertain the complaint and intimate the complainant accordingly.
* The Committee on Ethics in its sitting held on 17th January, 2007 recommended that the expression "movable and immovable properties" should include assets owned in India as well as abroad. Likewise, the Committee also recommended that the term "liabilities" is inclusive of obligations in India and abroad. These recommendations of the Committee were accepted by the Hon'ble Chairman, Rajya Sabha and were enforced w.e.f. 25th April, 2007. ** The words "within ninety days of such changes occurring" substituted by the Members of Rajya Sabha (Declaration of Assets and Liabilities) (Amendment) Rules, 2005 published vide Gazette Notification No. R.S. 18(i)/2005-CE dated 17th February, 2006. 105
(3) If the complaint complies with the requirements of rule 5, the Chairman shall cause copies of the complaint and of the annexures thereto to be forwarded to the member in relation to whom the complaint has been made, and such member shall within fifteen days of receipt of such copies, or within such further period as the Chairman may for sufficient cause allow, forward his comments in writing thereon to the Chairman. (4) After considering the comments, if any, in relation to the complaint, received under sub-rule (3) within the period allowed (whether originally or on extention under the sub-rule), the Chairman may— (a) if he is satisfied that there has not been any wilful contravention of these rules, reject the complaint; or (b) if he is satisfied, having regard to the nature, and circumstances of the case that it is necessary or expedient so to do, refer the complaint to the Committee for making an inquiry and submitting a report to him. (5) Where the Chairman makes a reference under sub-rule (4) to the Committee, he shall— (a) on receipt of the report from the Committee with a finding that there has not been any wilful contravention of the provisions of these rules by the member, treat the matter as closed; or (b) on receipt of report from the Committee with a finding that there has been wilful contravention of the provisions of these rules, cause the report of the Committee to be laid on the Table of the Council without any delay for a decision by the Council on the recommendations contained in the report of the Committee. (6) The procedure which shall be followed by the Committee for the purpose of making an inquiry under sub-rule (4) shall be, so far as may be, the same as the procedure for inquiry and determination by the Committee of any question as to breach of privilege of the Council by a member, and the Committee shall come to any finding that a member had wilfully contravened the provisions of these rules only after affording a reasonable opportunity to such member to represent his case and to be heard in person. (7) Every decision referred to in sub-rules (4) and (5) shall be published in the Bulletin. Annexure-6.5 DECLARATION OF ASSETS AND LIABILITIES BY MEMBERS OF RAJYA SABHA (Use extra sheet signed by the Member if space is insufficient for making entries) FORM I [See rule 3 of the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004] A. Information regarding assets and liabilities of Members 1. Name of the Member (In block letters) 2. Father's/Husband's name 3. Permanent address 4. Delhi address 5. Party affiliation 6. Date of election 7. Date of taking oath/making affirmation in the House I. Details of Immovable Property (1) Name of the State, District, Sub-division and Village in which property is situated (2) Details of property (a) House and buildings and their present value (b) Lands and their present value (3) Whether held as owner or beneficiary (4) Whether held jointly or severally. If property held jointly with another person, share of property held (5) If not held in member's own name, state in whose name held and his/her relationship with the member (6) How acquired (whether by purchase, lease, mortgage, inheritance, gift or otherwise with date of acquisition and name of person from whom acquired) (7) Any other relevant information which the member may like to mention II. Details of Movable Property (1) Description of the property (i.e. car/motorcycle/jewellery/investments in Banks/stock markets/companies/financial institutions/insurance policies etc.) (2) Make, model (and also registration no. in case of vehicles) where necessary
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(3) Mode of acquisition (purchase/gift/mortgage lease or otherwise) (4) Purchase price of the property (5) In case of purchase, source or sources from which financed (a) personal savings (b) other sources (6) Any other relevant information which the member may like to furnish III. Details of liabilities of the Member to public Financial Institutions/ Central Government and State Government (1) Details of loans raised from Banks/Companies/Financial Institutions/Central/State Governments (2) Amount of loans raised in each case (3) The period for which these loans were raised in each case B. Information regarding immovable and movable properties held by Member's spouse 1. Name of the Member's Spouse (In block letters) 2. Father's/Husband's name 3. Permanent Address 4. Delhi Address I. Details of Immovable Property (1) Name of State, District, Sub-division and Village in which Property is situated (2) Details of property (a) House and buildings and their present value (b) Lands and their present value (3) Whether held as owner or beneficiary (4) Whether held jointly or severally. If property held jointly with member, share of property held (5) If not held in spouse's own name, state in whose name held and his/her relationship with the spouse (6) How acquired (whether by purchase, lease, mortgage, inheritance, gift or otherwise with date of acquisition and name of person from whom acquired) (7) Any other relevant information which the member may like to mention II. Details of Movable Property (1) Description of the property (i.e. car/motorcycle/jewellery/investments in Banks/stock markets/companies/financial institutions/insurance policies etc.) 108
(2) Make, model (and also registration no. in case of vehicles) where necessary (3) Mode of acquisition (purchase/gift/mortgage lease or otherwise) (4) Purchase price of the property (5) In case of purchase, source or sources from which financed: (a) personal savings (b) other sources (6) Whether held as owner or beneficiary (7) Whether held jointly or severally (8) Any other relevant information which the member may like to furnish C. Information regarding immovable and movable properties held by Member's dependent children 1. Name of the Member's dependent children (in block letters) 2. Father's/Husband's name 3. Permanent Address 4. Delhi Address I. Details of Immovable Property (1) Name of State, District, Sub-division and Village in which property situated (2) Details of property: (a) House and buildings and their present value (b) Lands and their present value (3) Whether held as owner or beneficiary (4) Whether held jointly or severally. If property held jointly with member, share of property held (5) If not held in the child's own name/State in whose name held and his/her relationship with the child (6) How acquired (whether by purchase, lease, mortgage, inheritance, gift or otherwise with date of acquisition and name of person from whom acquired) (7) Any other relevant information which the member may like to mention II. Details of Movable Property (1) Description of the property (i.e. car/motorcycle/jewellery/investments in Banks/stock markets/companies/financial institutions/insurance policies etc.) 109
(2) Make, model (and also registration no. in case of vehicles) where necessary (3) Mode of acquisition (purchase/gift/mortgage lease or otherwise) (4) Purchase price of the property (5) In case of purchase, source or sources from which finance: (a) personal savings (b) other sources (6) Whether held as owner or beneficiary (7) Whether held jointly or severally (8) Any other relevant information which the member may like to furnish
DECLARATION I,...... hereby declare that the information given above is true and correct to the best of my knowledge and belief.
Date:
(Signature/ Thumb Impression of Member) Annexure-6.6 FORM II [See rule 4(1)] PART-A 1. Name of the Member (in block letters) 2. Father's/Husband's Name 3. Permanent Address 4. Delhi Address 5. Details of immovable properties with value 6. Details of movable properties with value 7. Details of liabilities 8. Remarks PART-B 1. Name of the Member's spouse (in block letters) 2. Permanent Address 3. Delhi Address 4. Details of immovable properties with value 5. Details of movable properties with value 6. Remarks PART-C 1. Names of Member's dependent children 2. Permanent Address 3. Delhi Address 4. Details of immovable properties with value 5. Details of movable properties with value 6. Remarks
110 Annexure-6.7 FORM For Declaration of Interests by Members of Rajya Sabha See Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States (use extra sheet signed by the Member if space is insufficient for making entries) 1. Name of the Member (in block letters) 2. Father's/Husband's name 3. State 4. Party affiliation 5. Date of Election/Nomination 6. Date of taking Oath/making affirmation Pecuniary Interests I. Remunerative Directorship 1. Name and address of the Company 2. Nature of Company Business 3. Salary/fees/allowance/benefits or any other receipts which are taxable (per annum) II. Regular Remunerated Activity 1. Name and address of the Establishment 2. Nature of Business 3. Position held 4. Amount of Remuneration received (per annum) III. Shareholding of Controlling Nature 1. Name and address of the Company 2. Nature of Business of the Company 3. Percentage of shares held IV. Paid Consultancy 1. Nature of consultancy 2. Business activity of the organisation where engaged as Consultant 3. Total Value of Benefits derived from the Consultancy V. Professional Engagement 1. Description 2. Fees/Remuneration earned therefrom (per annum)
( ) Signature of the Member Division No.______
111 Annexure-6.8 No. R.S. 11/1/2009-Ethics Dated the 10th July, 2009 Hkkjrh; laln PARLIAMENT OF INDIA jkT; lHkk lfpoky; RAJYA SABHA SECRETARIAT Vsyhxzke% ^^ifj"kn~** Telegram: "PARISHAD" QSDl% Fax: VsyhQksu% Telephone: Website: http://rajyasabha.nic.in Website: http://rajyasabha.nic.in bZ&esy% E-mail: lalnh; Hkou@lalnh; lkS/k] Parliament House/Annexe, ubZ fnYyh&110001 New Delhi-110001. Shri S.S. Ahluwalia, M.P. Subject:—Nomination of the Committee on Ethics. Sir, I am directed to inform you that in terms of the provisions contained in sub-rule (1) of Rule 287 of the Rules of Procedure and Conduct of Business in the Council of States, the Chairman, Rajya Sabha has on the 8th July, 2009 nominated you to be a member of the Committee on Ethics. 2. A copy each of the following papers is enclosed:— (a) List of Members of the Committee; (b) Extracts from the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) relating to the Committee on Ethics; (c) Code of Conduct for Members of Rajya Sabha; (d) The Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004; and (e) First to Ninth Reports of the Committee on Ethics.
Yours faithfully,
(ARUN SHARMA) JOINT DIRECTOR Tel. No. 23035368(O) 24613225(R) E-mail: [email protected]
112 Annexure-6.9 PARLIAMENT OF INDIA RAJYA SABHA SECRETARIAT (Committee on Ethics) Parliament House Annexe, Room No. Cabin B-9 Tel: 23034076 E-mail: [email protected] No. RS. 1/1/10-Ethics Dated the 18th January, 2010 NOTICE Members are informed that the next meeting of the Committee on Ethics will be held at 11.00 A.M. on Monday, the 15th February, 2010 in Committee Room 'A', Ground Floor, Parliament House Annexe, New Delhi to consider the following Memoranda:— (i) Memorandum No. 3/2009 regarding a reference made by Hon'ble Chairman, Rajya Sabha in the context of an editorial in the Times of India, raising public concerns over MPs having business interests, being represented on various Parliamentary Committees, underlining the need to frame stringent guidelines regarding appointments to Parliamentary panels; (ii) Memorandum No. 4/2009 regarding amendment in sub-rule (3) of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States; and (iii) Memorandum No. 5/2009 regarding furnishing of information in respect of pecuniary interests of Members of Rajya Sabha as contained in the ''Register of Members Interests" under sub-rule (3) of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States. 2. A copy each of the Memoranda (in English and Hindi) has already been circulated. 3. Members are requested kindly to make it convenient to attend the meeting.
(SUNITA SEKARAN) JOINT DIRECTOR Tel. No. 23034063 (O) 23347986 (R) E-mail: [email protected] To The Chairman and Members of the Committee on Ethics (At their local and permanent addresses)
113 Annexure-6.10 PARLIAMENT OF INDIA RAJYA SABHA SECRETARIAT (Committee on Ethics) Parliament House Annexe, Room No. Cabin B-9 Tel: 23034076 E-mail: [email protected] No. RS. 1/1/10-Ethics Dated the 9th February, 2010 NOTICE Members are reminded that the next meeting of the Committee on Ethics will be held at 11.00 A.M. on Monday, the 15th February, 2010 in Committee Room 'A', Ground Floor, Parliament House Annexe, New Delhi to consider the following Memoranda:— (i) Memorandum No. 3/2009 regarding a reference made by Hon'ble Chairman, Rajya Sabha in the context of an editorial in the Times of India, raising public concerns over MPs having business interests, being represented on various Parliamentary Committees, underlining the need to frame stringent guidelines regarding appointments to Parliamentary panels; (ii) Memorandum No. 4/2009 regarding amendment in sub-rule (3) of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States; and (iii) Memorandum No. 5/2009 regarding furnishing of information in respect of pecuniary interests of Members of Rajya Sabha as contained in the ''Register of Members Interests" under sub-rule (3) of Rule 293 of the Rules of Procedure and Conduct of Business in the Council of States. 2. A copy each of the Memoranda (in English and Hindi) is being recirculated. 3. Members are requested kindly to make it convenient to attend.
(SUNITA SEKARAN) JOINT DIRECTOR Tel. No. 23034063 (O) 23347986 (R) E-mail: [email protected] To The Chairman and Members of the Committee on Ethics (At their local and permanent addresses)
114 Annexure-6.11 RAJYA SABHA Parliamentary Bulletin PART-1 (TWO HUNDRED AND SIXTH SESSION)
No.: 4551] [TUESDAY, DECEMBER 13, 2005
Brief Record of the Proceedings of the Meeting of the Rajya Sabha held on the 13th December, 2005 12.01 p.m. 5. Report of the Committee on Ethics Dr. Karan Singh presented the Fifth Report (in English and Hindi) of the Committee on Ethics. 12.02 p.m. 6. Motions Regarding the Fifth Report of the Committee on Ethics—Adopted Dr. Karan Singh moved 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." And also moved "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." 12.03 p.m. The motion for consideration of the Report and the motion that the House agrees with the recommendations contained in the Fifth Report of the Committee on Ethics presented to the House on the 13th December, 2005 were adopted.
115 Annexure-6.12 RAJYA SABHA Parliamentary Bulletin PART-I (TWO HUNDRED AND SIXTH SESSION)
No. : 4550] [MONDAY, DECEMBER 12, 2005
Brief Record of the Proceedings of the Meeting of the Rajya Sabha held on the 12th December, 2005 11.00 a.m. 1. Starred Questions Answers to Starred Question Nos. 261 to 263, 266 and 269 were orally answered. Answers to remaining Starred Questions (264, 265, 267, 268 and 270 to 280) were laid on the Table. 2. Unstarred Questions Answers to Unstarred Question Nos. 1957 to 2111 were laid on the Table. 12.00 Noon 3. Announcement by Chair The Hon'ble Chairman made a reference to the "Operation Duryodhan", as shown on a private TV channel on the 12th December, 2005, and referred it to the Ethics Committee of Rajya Sabha for its urgent consideration and furnishing recommendations for action to him as early as possible. 12.02 p.m. 4. Papers laid on the Table The following papers were laid on the Table:— 1. A copy each (in English and Hindi) of the following papers:— (i) (a) Annual Report of the Gandhi Smriti and Darshan Samiti, New Delhi, for the year 2003-2004. (ii) Annual Accounts of the Gandhi Smriti and Darshan Samiti, New Delhi, for the year 2003-2004 and the Audit Report thereon.
116 Annexure-6.13 RAJYA SABHA Parliamentary Bulletin PART-I (TWO HUNDRED AND SIXTH SESSION)
No.: 4556] [TUESDAY, DECEMBER 20, 2005
Brief Record of the Proceedings of the Meeting of the Rajya Sabha held on the 20th December, 2005 12.05 p.m. 9. Announcement by Chair The Hon'ble Chairman made a reference to the "Operation Chakravyuh", as shown on a private TV channel on the 19th December, 2005, and referred it to the Ethics Committee of Rajya Sabha to investigate into the matter and give its recommendations to the House at an early date for taking necessary action in the matter.
117 Annexure-6.14 RAJYA SABHA Parliamentary Bulletin PART-II
Nos.: 42703—42706] [TUESDAY, DECEMBER 13, 2005
No. : 42703 Committee on Ethics Section Suspension of Dr. Chhattrapal Singh Lodha, M.P. The Committee on Ethics presented its Fifth Report to the House today (13.12.2005) containing preliminary recommendation on a reference made to it by Hon'ble Chairman relating to telecasting of a programme entitled "Operation Duryodhan" by a private channel. The Committee inter alia noted that one of the Members shown in the programme is Dr. Chhattrapal Singh Lodha, Member of the Rajya Sabha. Since the Members has been caught on tape accepting money for asking questions, the Committee recommended that Dr. Lodha should be suspended from the House, pending the presentation of the final report of the Committee. The report of the Committee on Ethics was adopted by the Council today (13.12.2005) on a motion moved by the Chairman of the Committee. Consequent upon the acceptance of the recommendation of the Committee by the Council, Dr. Chhattrapal Singh Lodha, Member, Rajya Sabha stands suspended from the House, pending the presentation of the final Report of the Committee.
YOGENDRA NARAIN, Secretary-General.
118 Annexure-6.15 RAJYA SABHA Parliamentary Bulletin PART-II
No.: 42733] [FRIDAY, DECEMBER 23, 2005
No.: 42733 Committee on Ethics Section Expulsion of Dr. Chhattrapal Singh Lodha from Rajya Sabha The following notification dated the 23rd December, issued by the Rajya Sabha Secretariat for publication in the Gazette of India Extraordinary Part-I, Section-I is reproduced below for the information of the Members:— "NOTIFICATION No. RS.31/2005/C.E.—Consequent on the adoption of a Motion by the Rajya Sabha on the 23rd December, 2005, agreeing with the recommendation contained in the Seventh Report of the Committee on Ethics that Dr. Chhattrapal Singh Lodha be expelled from the Membership of the House, as his conduct is derogatory to the dignity of the House and inconsistent with the Code of Conduct, which has been adopted by the House, Dr. Lodha, a Member elected to Rajya Sabha from Orissa, has ceased to be a Member of the Rajya Sabha with effect from the 23rd December, 2005 afternoon."
YOGENDRA NARAIN, Secretary-General.
119 Annexure-6.16
EXTRAORDINARY PART-I PUBLISHED BY AUTHORITY
No.: 325] [NEW DELHI, FRIDAY, DECEMBER 23, 2005
RAJYA SABHA SECRETARIAT NOTIFICATION New Delhi, the 23rd December, 2005 No. RS.31/2005/C.E.—Consequent on the adoption of a Motion by the Rajya Sabha on the 23rd December, 2005, agreeing with the recommendation contained in the Seventh Report of the Committee on Ethics that Dr. Chhattrapal Singh Lodha be expelled from the Membership of the House, as his conduct is derogatory to the dignity of the House and inconsistent with the Code of Conduct, which has been adopted by the House, Dr. Lodha, a Member elected to Rajya Sabha from Orissa, has ceased to be a Member of the Rajya Sabha with effect from the 23rd December, 2005 afternoon.
YOGENDRA NARAIN, Secretary-General.
120 Annexure-6.17 RAJYA SABHA Parliamentary Bulletin PART-II
No.: 42980] [TUESDAY, MARCH 21, 2006
No.: 42980 Committee on Ethics Expulsion of Dr. Swami Sakshi Ji Maharaj from Rajya Sabha The following Notification dated the 21st March, 2006, issued by the Rajya Sabha Secretariat for publication in the Gazette of India Extraordinary Part-I, Section-I is reproduced below for the information of the Members:— NOTIFICATION No. RS. 31/2006/C.E.—Consequent on the adoption of a Motion by the Rajya Sabha on the 21st March, 2006, agreeing with the recommendation of the Committee on Ethics contained in its Eighth Report that Dr. Swami Sakshi Ji Maharaj be expelled from the Membership of the House for his gross misconduct which has brought the House and its Members into disrepute and has contravened the Code of Conduct for Members of Rajya Sabha, Dr. Swami Sakshi Ji Maharaj, a Member elected to Rajya Sabha from the State of Uttar Pradesh, stands expelled from the Rajya Sabha with effect from the afternoon of the 21st March, 2006. Accordingly, he has ceased to be a Member of the Rajya Sabha from that date.
YOGENDRA NARAIN, Secretary-General.
121 Annexure-6.18
EXTRAORDINARY PART-I PUBLISHED BY AUTHORITY
No.: 50] [NEW DELHI, TUESDAY, MARCH 21, 2006
RAJYA SABHA SECRETARIAT NOTIFICATION New Delhi, the 21st March, 2006 No. RS.31/2006/C.E.—Consequent on the adoption of a Motion by the Rajya Sabha on the 21st March, 2006, agreeing with the recommendation of the Committee on Ethics contained in its Eighth Report that Dr. Swami Sakshi Ji Maharaj be expelled from the membership of the House for his gross misconduct which has brought the House and its Members into disrepute and has contravened the Code of Conduct for Members of Rajya Sabha, Dr. Swami Sakshi Ji Maharaj, a Member elected to the Rajya Sabha from the State of Uttar Pradesh, stands expelled from the Rajya Sabha with effect from the afternoon of the 21st March, 2006. Accordingly, he has ceased to be a Member of the Rajya Sabha from the date.
YOGENDRA NARAIN, Secretary-General.
122 CHAPTER - VII COMMITTEE SECTION (MPLADS) 7.1 Member of Parliament Local Area Development Scheme 7.1.1 The Genesis: Since Independence, the planning and developmental works were approved and executed at the executive level and the people's representatives had no role to play. For undertaking even a petty work in his constituency, the concerned M.P./ M.L.A. had to approach the executive, and it was up to the executive to implement the proposal or not. The growing expectations from the public for developmental work in the country led the representatives to feel the necessity of putting in place a mechanism through which they could recommend various developmental activities in their constituencies as per the requirement of the people and the Members of Parliament approached the Government to evolve a scheme to fulfill the needs of the public. In view of the above, the Prime Minister announced in Parliament - the Member of Parliament Local Area Development Scheme, on 23rd December, 1993. Initially, the Scheme was administered by the Ministry of Rural Development. Later, in October 1994, Department of Planning and Programme Implementation (now Ministry of Statistics and Programme Implementation) was entrusted the overall administration and coordination of the Scheme. Similar Scheme for the Members of State Legislature and Members of Urban Local Bodies is also in operation in various States of the country. The implementation of the MPLAD Scheme is governed by a set of Guidelines (http://www.mplads.nic.in/gl.htm), first issued in February, 1994. These Guidelines have been updated and revised from time to time. The latest revision was made in the year 2005. The salient features of the Scheme are as under:— (i) The works recommended under the scheme are of developmental nature, based on the locally felt needs which lead to creation of durable assets and are always available for public use. (ii) Purchase of inventory or stock of any type is not allowed under this Scheme. A list of works prohibited under the Guidelines is placed at Annexure-7.1. (iii) The funds released under the Scheme are non-lapsable. (iv) The normal financial and audit procedures apply to all transactions under the Scheme. (v) The choice of the Nodal District for implementation and release of MPLADS fund is furnished by Members of Parliament to the Ministry of Statistics and Programme Implementation in the format as at Annexure-7.2. (vi) Each Member has a choice to suggest to the District Authority of his Nodal District, works to the tune of Rs. 2 crore per annum in the format as at Annexure - 7.3. This allocation is released in two instalments of Rs. one crore each - 1st in the month of April and 2nd in the month of September. (vii) Funds released under the Scheme are required to be deposited in the Nationalized Banks. (viii) The interest accrued on the funds relased under the Scheme, to the District Authority is to be used for permissible works recommended by the MP concerned. (ix) Elected Members of Lok Sabha can recommend works in their own constituencies. Elected Members of Rajya Sabha can recommend works in one or more districts as they may choose in the State of their election. Nominated Members of Lok Sabha and Rajya Sabha may recommend works for implementation in one or more districts anywhere in the county. (x) If the tenure of an M.P. in a particular financial year is less than three months, his entitlement of fund will be nil. If the tenure is upto nine months, the entitlement will be 50% of the annual allocation i.e. Rs. one crore and if the tenure is more than nine months, the entitlement will be 100% of the annual allocation i.e. Rs. 2 crore. (xi) The District Authority can utilize up to 0.5% of the amount spent on completed projects in a year under MPLADS as 'contingency expenses'.
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7.1.2 Evolution: Ever since the inception of the Scheme, it has been the constant endeavour of the Government to improve upon the Scheme responding to the changing circumstances and keeping in view people's needs and aspirations. The following points illustrate the continuous evolution of the Scheme:— (i) In 1993-94, when the Scheme was launched, an amount of Rs. 5 lakh per Member of Parliament was allotted which was increased to Rupees one crore per annum from 1994-95 per M.P. This allocation was further stepped up to Rs. 2 crore from 1998-99. (ii) Initially, Non-Governmental Organizations (NGOs) were not covered under the Scheme. The Scheme was extended to cover NGOs from the year 2001. Under the Scheme, a Society/Registered Trust can avail funds up to Rs. 25 lakh. (iii) Initially, there was a limit of Rs. 10 lakh per work which was increased to Rs. 25 lakh in May 2000. Presently, there is no limit on the cost of works recommended for Govt. Institutions/Sector, however, a Registered Society/Trust can receive/avail of MPLADS funds up to a maximum limit of Rs. 25 lakh. (iv) The new Guidelines on MPLADS prescribe that 22.5% (15% for SCs and 7.5% for STs) of the MPLADS funds shall be earmarked for developmental works in the SC/ST inhabited areas. (v) The new Guidelines also provide that in the event of natural calamity of severe nature in any part of the country, an M.P. can recommend works to the tune of Rs. 50 lakh in the affected area. (vi) An elected Member of Parliament can recommend, if needed, works relating to education and cultural development up to Rs. 10 lakh in a financial year outside his State/UT. This provision did not exist in the pre-revised Guidelines. 7.1.3 Monitoring Mechanism: Role of the Ministry: The Ministry of Statistics and Programme Implementation monitors the overall position of the funds released, cost of works sanctioned, funds spent, completion report, utilization certificates, audit certificates etc. The Ministry also holds meetings with the States/UTs to review the implemenation of the MPLAD Scheme. For effective monitoring of projects sanctioned under the Scheme, the Ministry has also developed recently software which is operationalized through State- Governments, UT Administrations and District Authorities. The details of each work suggested by the MP is monitored using this software. Software has two modules — 'MPLADS Works Entry' and 'MPLADS Reports'. MPLADS Works Entry — Module is for the district authorities, they are required to enter the works related data and generate reports. It is password protected and each district can enter data related to their own district only. MPLADS Reports — Module is for general Public. Anyone can access this and view the MPLADS reports generated herein. Role, of the State/U.T. Government: A Department in every State/UT is designated as Nodal Department and given overall responsibility of supervision, monitoring and coordination of the Scheme with the districts and other Line Departments. The State/UT Government reviews the utilization of funds by the District Authority in SC and ST inhabited areas and the audit objections and issues arising out of the audit and utilization certificates. They also make arrangements for training of officers at district level, concerned with the implementation of the Scheme. In consultation with the Accountant General of the State/Union Territory, the State/Union Territory Government engages Auditors for auditing the MPLADS accounts of each District Authority. They also hoist the data on implementation of the Scheme on their web sites. Role of the District Authority: The Members of Parliament send proposals for getting works executed under the MPLAD Scheme to their respective Nodal District Authority who scrutinizes them in the light of Guidelines and prepares the estimate. The District Authority, who is the overall in-charge of the execution of works, identifies the executing agency for implementation of the projects. The District Authority, after completion of the projects, furnishes utilization certificate for onward transmission to the Ministry of Statistics and Programme Implementation. It inspects at least 10% of the works under implementation every year and also involves concerned MP in the inspections to the extent feasible. It is responsible to settle audit objections raised in the audits and submits to the Government of India, State/UT Govt. and the MP concerned 'Monthly Progress Report' of each recommended and sanctioned work. It ensures the prescribed percentage of funding in the SC and ST areas. 125
Role of the Implementing Agencies: The officers of the Implementing Agencies regularly visit the works sites to ensure that works are being executed satisfactorily and as per the prescribed norms. The Implementing Agency shall furnish 'Monthly Progress Report' of each work to the District Authority and the concerned State Department. They shall also furnish completion report/certificates and utilization certificates to the District Authority within one month of the completion of the works. Any saving including interest shall be refunded by the implementing agency to the District Authority within one month. 7.1.4 Release of Funds: The first instalment of Rs. one crore is released in the beginning of the financial year. This is subject to the condition that second instalment of the previous year was released to the Member concerned. However, if any specific condition was imposed at the time of release of the second instalment of the previous year, its compliance is ensured before the release of the first instalment. The second instalment of the MPLADS fund is released subject to the fulfillment of the following eligibility criteria:— (i) the unsanctioned balance amount available with the accounts of the District Authority after taking into account the cost of all the works sanctioned is less than Rs. 50 lakh; (ii) the unspent balance of funds of the MP concerned is less than Rupees one crore. (iii) utilization certificate for the previous financial year and the Audit certificate for the funds released for MP concerned in the year prior to the previous year have been furnished by District Authority. Formats of the utilization certificate and audit certificate are at Annexures 7.4 and 7.5 respectively. 7.2 Origin and Role of the Committee on MPLADS Like any other new venture, the MPLAD Scheme initially faced teething problems. A large number of complaints were being received from M.P.s about non-implementation/execution of various items of work recommended by them and lack of monitoring agency in respect of MPLADS. It was felt that there should be a close coordination between district officials and the Members of Parliament and for this purpose a Parliamentary Committee should be constituted for monitoring the problems pertaining to MPLAD Scheme. Accordingly, the Chairman, Rajya Sabha convened a meeting of all the political parties/groups on 16th July, 1998 and it was decided that a Committee on MPLADS be appointed under the Chairmanship of Deputy Chairperson, Rajya Sabha, to look into all aspects relating to MPLADS. Consequently, the Committee was first constituted on 5th September, 1998. In Lok Sabha, a similar Committee was constituted on 22nd February, 1999. The Committee on MPLADS, Rajya Sabha, does not have its own mechanism for monitoring the projects under MPLADS. It, however, examines the representations/complaints received from the Members of Parliament, Ministries and Departments of Government of India and general public, in the light of comments/reports received from the Ministry of Statistics and Programme Implementation and advises the Ministry for appropriate action. 7.2.1 Membership: The Committee on MPLADS, Rajya Sabha, consists of 10 Members including the Chairman. The Hon'ble Deputy Chairman, Rajya Sabha, is the Chairman of the Committee and other Members are nominated from the major legislative parties in the Rajya Sabha. Further, unlike the Department-related Parliamentary Standing Committees and other Standing Committees, rules in respect of the Committee on MPLADS have not been framed and the Committee is not constituted every year. It is reconstituted only when strength of Parties in the Council changes considerably. Committee Coordination Section writes letters to party leaders of all major parties (i.e., parties having a strength of five or more Members in the Council) to suggest name of one Member each for being considered by the Hon'ble Chairman for nomination to the Committee. After the nomination by Hon'ble Chairman, Committee Coordination Section issues a Part-II Bulletin and informs the Committee Section which in turn informs the individual Member nominated to the Committee by a letter issued at the level of Deputy Director. As regads filling up of casual vacancies arising due to retirement, resignation, death etc. of a Member, Committee Coordination Section takes necessary action to fill them up from the same party/group to which the original incumbent belonged. As soon as the Committee is constituted, the following action is taken:— (i) the newly nominated Members are informed about their nomination to the Committee; 126
(ii) a comprehensive database of Members of the Committee containing their names, both local and permanent addresses with telephone/Fax Nos., E-mail address, State and party affiliation is prepared; and (iii) bilingual nameplates of the Members are prepared. 7.2.2 Role of the Committee: Besides normal activities, as stated above, the Committee has also undertaken rehabilitation works out of the contribution made by Members of Rajya Sabha from their MPLADS funds. These rehabilitation works were undertaken in the cyclone hit Orissa, earthquake-affected Gujarat and Tsunami affected South India. The details of works undertaken are as under:— (i) In the case of Orissa cyclone in 1999, 78 Members of Rajya Sabha contributed Rs. 10 lakh each for the rehabilitation work and from this fund, 78 school-cum-cyclone centres were constructed in different parts of the State by the HUDCO. (ii) In the case of Gujarat earthquake in 2001, 167 Members of Rajya Sabha contributed Rs. 27.15 crore for the rehabilitation work. With this fund, the Committee took up construction of 469 primary school rooms, 134 community halls, 14 ayurvedic dispensaries, a housing project at Dholaveera, a Dharamshala and an Artisan's village in Kutch and Rajkot districts. These works were executed by HUDCO and NBCC. (iii) Following the Tsunami disaster in Southern India and Andaman and Nicobar Islands in 2004, 167 Members of Rajya Sabha contributed Rs. 31.26 crore for rehabilitation works in the affected areas. The Committee recommended 125 works in the affected areas which comprised 81 works to the tune of Rs. 1234.50 lakh in Tamil Nadu; 21 works to the tune of Rs. 149 lakh in Andhra Pradesh; 4 works to the tune of Rs. 145 lakh in Kerala; 6 works to the tune of Rs. 317.50 lakh in Puducherry and 13 works to the tune of Rs. 1280 lakh in Andaman and Nicobar Islands. 7.3 Committee Section (MPLADS) 7.3.1. Main Functions of the Committee Section (MPLADS): The Committee Section (MPLADS) provides the Secretarial assistance to the Committee. The Committee Section performs its functions in close coordination with the Ministry of Statistics and Programme Implementation and helps the individual M.Ps. in matters relating to the problems faced by them in their constituencies/States in the implementation of the MPLAD Scheme. Committee Section is headed by a Committee Officer/Assistant Director, whose main responsibilities are:— (i) co-ordination and monitoring on arrangements for meetings, tours, etc.; (ii) devising and maintaining information management system through files, registers, folders, reference and other books, reports etc.; (iii) forwarding routine communications received from Table Office. (viz. circulars regarding election/nomination, retirement, resignation and passing away of Members of Rajya Sabha) and Members of Rajya Sabha (viz. choice of Nodal Districts, consent for release of their MPLADS fund for rehabilitation works in case of natural calamities) to Ministry of Statistics and Programme Implementation; (iv) allotment and supervision of work of subordinates; (v) monitoring disposal of work and guidance for proper disposal; and (vi) maintenance of discipline. The work is supervised by the Deputy Director/Joint Director/Director and Joint Secretary/Additional Secretary who are responsible for overall coordination, quality of output and liaison with Members and Chairman of the Committee, as given below: Deputy Director: In his capacity as Branch Officer, he discharges the following functions:— (i) Coordinates functioning of the Branch including drafting of background notes, minutes, reports etc. and maintenance of records and database; (ii) Ensures arrangements for meetings and tours including preparation/issuance of notices, telegrams, agenda papers, letters, office memoranda and other correspondence; and (iii) Ensures timely submission of periodical statements. 127
Joint Director/Director: The Joint Director/Director discharges the following functions:— (i) Ensures smooth functioning of Committee meetings, tours etc.; (ii) Interacts with the Ministry of Statistics and Programme Implementation for holding of Committee meetings and tours; (iii) Gives final shape to the draft background notes, minutes, reports etc.; (iv) Approves notices of meetings and tours, telegrams, letters, office memoranda and other correspondence; (v) Informs Joint Secretary/Additional Secretary of all important developments; (vi) Sanctions OTA/Honorarium to the staff; (vii) Examines all matters relating to the Committee, submitted by Deputy Director on file; and (viii) Apprises Joint Secretary/Additional Secretary of the important deliberations and decisions of the Committee immediately after the meeting is over, in case they were not themselves present. Joint Secretary/Additional Secretary: Joint Secretary/Additional Secretary is at the top of the Secretariat's hierarchy meant for providing Secretarial assistance to the Committee on MPLADS. He/She discharges the following functions:— (i) Approves draft background notes, minutes, reports etc. in respect of important meetings; (ii) Obtains Hon'ble Chairman's permission through the Secretary General for Committee's study visits, and to call for evidence of State Government officials; (iii) Approves tour programmes of the Secretariat officials to accompany the Committee; (iv) Grants permission to the Officers/staff of the Committee to attend office on holiday(s) for disposal of work of urgent nature; (v) Issues directions for efficient and prompt discharge of urgent work; (vi) Keeps Secretary General informed and brings to his notice difficulties if any, faced; and (vii) Advises the Committee Chairman during Committee meetings and generally regarding the matters before the Committee. 7.3.2 Works assigned to the Committee Section (MPLADS) The Committee Section (MPLADS) performs the following functions:— (i) It remains in constant touch with the nodal Ministry i.e. Ministry of Statistics and Programme Implementation regarding release of funds of Members of Rajya Sabha under MPLAD Scheme; (ii) It suggests the Ministry, on behalf of the Committee, to make necessary amendments/relaxation in the guidelines in order to cope with the new situations, which arise from time to time; (iii) It processes various communications received from the Ministry of Statistics and Programme Implementation, Members of Parliament and Districts Magistrates/Collectors from all over the country from time to time and prepares memoranda for consideration/decision of the Committee; (iv) It issues Notices regarding meetings of the Committee and prepares minutes and Committee Reports; (v) It prepares and circulates background notes on the basis of information/material furnished by the concerned Ministry/Department and the deliberations held in the meetings of the Committee; (vi) It intimates election/nomination, retirement, resignation and passing away of Members of Rajya Sabha to the Ministry of Statistics and Programme Implementation for taking necessary action; and (vii) It prepares list of nodal districts of Members of Rajya Sabha under MPLADS and sends it to various Union Ministries/Departments for inviting them to the functions held by PSUs etc. under these Ministries/ Departments. 128
Miscellaneous Works: The Committee Section also performs the following functions in rendering Secretarial Assistance to the Committee:— (i) informs Members of the Committee about their nomination/re-nomination to the Committee; (ii) handles correspondence with the Ministries/Departments concerned, on matters taken up/to be taken up by the Committee and maintains liaison with them; (iii) furnishes information on matters relating to the Committee to different Sections/Branches of Rajya Sabha and Lok Sabha Secretariat; (iv) makes available Reports of the Committee to various sections as per details given below:— English Hindi 1. Table Office, Rajya Sabha 5 copies 2 copies 2. Publication Counter, Rajya Sabha 75 copies 25 copies 3. Acquisition Section, (LAARDIS) 05 copies 05 copies Parliament Library Building 4. Press and Media Unit, Rajya Sabha 50 copies 30 copies 5. Extra Copies for the Section 25 copies 10 copies (v) issue errata/corrigenda to the printed Reports; (vi) circulates printed copies of the Reports to State Legislature, important libraries and other institutions/ establishments included in the mailing list of the Secretariat; (vii) prepares estimates of expenditure of the Section, to be incurred on refreshments/lunches to be served in the Committee Meetings and also on binding of reports/records etc.; (viii) processes Railways Catering Bills for refreshments/lunches served to the Members during the course of meetings of the Committee; (ix) maintains records including files, Reports of the Committee, minutes of the meetings of the Committee, verbatim record of evidence tendered before the Committee and retains them as per instructions and weed out records of ephemeral nature after taking orders from the competent authority; (x) maintains record of officials of the Section in respect of Casual Leave, Restricted Holidays, Compensatory Leave, OTA/honorarium; and (xi) procure stationery for use in the Section. Notices of Meetings of the Committee: One of the most important functions of the Section is to organize meetings of the Committee. The date, time, venue and tentative agenda of the Meetings are communicated to the Section by the Office of the Hon'ble Deputy Chairman and Chairman of the Committee. No meeting is ordinarily held after commencement of a sitting of the House and before 3.00 p.m. on days when the House is sitting. As soon as the communication is received, a notice is prepared and submitted for approval. Once the Notice is approved, it is got translated in Hindi and both versions are issued to the Chairman and all the Members of the Committee, Ministry of Statistics and Programme Implementation and concerned Sections/officers of Rajya Sabha Secretariat, under the signature of Deputy Director. The Notice is also sent to all concerned through e-mail/text message. The Notice gives the date, time and venue of the meeting after availability of the venue has been confirmed. A copy of the notice dated the 3rd September, 2008 is placed at Annexure-7.6 as an example. In case the agenda has been finalized, this is also mentioned. In other cases, it is mentioned when the reminder notice is issued. During Session period, notice is issued only at the local addresses of the Members, while during inter session period, it is issued both at local as well as permanent addresses of the Members by registered/speed post. In case, meeting is scheduled at a short notice, Members are intimated by telegram. A copy of the telegram is placed at Annexure-7.7. In addition to this, Members are also informed through e-mail, SMS and telephone. 129
The agenda for the meeting is approved by the Secretary General, Rajya Sabha. Agenda papers are in the form of Memoranda on the proposals/representations/complaints/suggestions, etc., received from the Members of Parliament, Ministry of Statistics and Programme Implementation and general public. The proposals are scrutinized in the light of the extant guidelines on a case to case basis and placed before the Committee. After the agenda is finalized, a reminder notice is issued usually two days prior to the scheduled date of the meeting at the local addresses of the Members, indicating the agenda and enclosing the memoranda and other papers to be considered. A copy of the Notice dated 12th September, 2008 is placed at Annexure-7.8. The Committee Section has to coordinate with the Ministry of Statistics and Programme Implementation for timely receipt of status notes, Reports etc. as may be required, and also with Translation Section to get the Hindi version in time. In rare and emergent cases with the approval of the Chairman of the Committee, agenda papers or supplementary material may be circulated in the meeting itself. The notice is also endorsed inter alia to the following for making necessary arrangements:— (i) Deputy Director (Security) for security and sanitation and coordination purposes and for timely opening, cleaning etc. of the Committee Room; (ii) Allied agencies like CPWD, for electricity, sound, air conditioning etc.; (iii) Reporters/Interpreters in case their services are required; (iv) M.S. & A. Section and P&AO; and (v) Notice Office and Offices of all Political Parties in Parliament House, for information. Notices are issued through Distribution Branch with special instructions in case of urgency. In respect of all notices for Committee meetings, the Distribution Branch shall obtain signatures from allied agencies included in the endorsement. The Committee Section shall, as a matter of abundant caution, will directly liaise with the Deputy Director (Security) and the concerned allied agencies, to ensure that all arrangements are foolproof. A separate note is sent to the Railway catering for serving refreshments during the meeting as per norms. Booking of Venue for Meetings: Generally meetings of Committee are held in Hon'ble Deputy Chairman's Chamber (i.e., Room No. 31, Parliament House). However, when representatives from other Ministries/Departments/Institutions and State Governments are invited, meetings of the Committee are organized in Committee Rooms situated in Parliament House/Parliament House Annexe. After the date and time of a meeting is tentatively decided, booking of the venue (other than Hon'ble Deputy Chairman's Chamber) is done through Committee Coordination Section which is the nodal Section for this purpose. The process of calling the Committee meetings and ensuring that the Committee Room is available to the Committee with all the requisite facilities for the meeting, is a joint responsibility involving various Sections/Agencies like Committee Coordination Section, Distribution Section, Watch & Ward Office of the Secretariat as well as various allied offices of the CPWD like the Caretaker and other agencies looking after sound, air-conditioning, electrical arrangements, etc. Arrangements at Meeting Venue: On the day of the meeting, the Assistant Director/Committee Officer must reach at least one hour before the start of the meeting and ensure that:— (i) the meetings venue is open and all systems are functional; (ii) security Personnel is deployed at the main door of Committee Room; (iii) Reporters/Interpreters are attending the meeting (if their presence is required); (iv) name plates of Members, additional copies of agenda papers, supplementary material including Guidelines on MPLADS, concerned files, Reports etc. are available; (v) the list of confirmation of Members attending the meeting is ready; (vi) witnesses who may be deposing before the Committee face no problem in locating the venue of the Committee meeting; 130
(vii) names and designations of witnesses, if any, have been obtained; (viii) the attendance sheet for Members has been prepared, so that the signatures of the Members are obtained as soon as they arrive for the meeting; and (ix) arrangements for refreshments are made properly. The Deputy Director/Joint Director will visit the venue 15 minutes before commencement of the meeting to check that all arrangements are satisfactory. Procedure during Meetings: The Secretariat Officers will be present at the venue of the meetings at least 10 minutes in advance of the scheduled time and will take their places as soon as the Chairman arrives. Before and during the meeting, they will be responsible for ensuring that:— (i) Members are supplied with copies of agenda papers, if so requested; (ii) Chairman is briefed of important issues of Members who have confirmed their participation and of names, designations and particulars of witnesses, if any, who are to be called; and (iii) Chairman, and if required, any Member, is advised of the factual or legal position, or any matter of detail that may arise during discussion or evidence, in a discreet manner; and Evidence of the Representatives of Ministries and Organizations: Each Ministry/Department is required to nominate a senior officer for furnishing information to the Committee and coordinating action within the Department. Preliminary material, replies to points arising out of evidence or recommendation are required to be approved by an officer of the rank of Joint Secretary or above, as per the Manual for handling Parliamentary work in Ministries, issued by the Ministry of Parliamentary Affairs. The Committee considers the information supplied by the Ministry/Department/Organisation in the form of a memorandum and decides whether oral evidence of official representatives of the Ministry/Department concerned with the subject is to be taken. In case, the Committee decides to take evidence, a letter is sent to the Secretary of the concerned Ministry. The Ministry/Department is requested to intimate in advance the names of the officers who will appear before the Committee to give evidence. Evidence of State Governments: Whenever it is felt necessary to invite an official of a State Government to appear as a witness before the Committee or to ask the State Government to produce a document or paper before the Committee, the orders of the Chairman, Rajya Sabha, are obtained (after indicating the reasons why oral evidence is required and why documentary evidence will not serve the purpose) before the official of the State Government is asked to comply with the request. In case the Chairman decides that it is not necessary to summon a particular State official as a witness or that the State Government need not be asked to produce a paper, document or record, the Chairman of the Committee may, if he thinks necessary, apprise the Committee of the Chairman's decision. Recording of Evidence: Arrangements are made to record the verbatim proceedings of the Committee deliberations whenever oral evidence of representative of a Ministry/Department/Organisation is taken by the Committee. It is the discretion of the Committee to treat any evidence tendered before it as secret or confidential. When witnesses appear before the Committee to give evidence, the Chairman makes it clear at the very outset that their evidence shall be treated as public and is liable to be published, unless they specifically desire that all or any part of the evidence given by them is to be treated as confidential. It shall, however, be explained to the witnesses that even though they might desire their evidence to be treated as confidential, such evidence is liable to be made available to the Members of Parliament. It shall also be made clear that the proceedings of the Committee are confidential. A witness appearing before a Committee is expected to behave in a dignified manner. Official witnesses in particular are required to observe the decorum specified in the Manual for handling Parliamentary Work in Ministries, issued by the Ministry of Parliamentary Affairs. Attention of all the witnesses is called to the requirement of observing the decorum by either sending a copy of the relevant extracts of the Manual or showing it when they personally come for the evidence. 131
A Committee may take evidence of experts or interested parties on their own initiative or on request made to it. The witnesses who express their desire to appear before the Committee shall supply sufficient number of copies of written memoranda for circulation to the members of the Committee who may consider the same and decide whether such witnesses should be called to appear before the Committee. A copy of the relevant portions of the verbatim proceedings of the sitting is forwarded to witnesses for confirmation and return by a fixed date. In case, corrected copy of the proceedings are not returned by the specified date, the proceedings as recorded are considered as authenticated. A witness may make neat and legible corrections in the verbatim proceedings in his own handwriting before returning them to the Committee Section in original within specified time. Such corrections are confined to factual inaccuracies, which may have occurred in the process of reporting, but not for the purpose of changing their substance by additions and deletions or for improving their literary form. Drawing up of Minutes: As soon as possible after the meeting is concluded, the Minutes of the meeting will be drawn up. To enable this to be done accurately, the officers/officials of the Committee Secretariat shall, during the meeting, record the conclusions/ discussions/points in respect of each item. The Minutes should normally record in brief the important points discussed and the decisions taken. Even if verbatim record is taken by the Reporters, the minutes should while mentioning this, give the gist of the discussion and the decisions taken/conclusions arrive. A copy of the Minutes of the meeting held on 18th August, 2008 is placed at Annexure-7.9 for perusal. Draft minutes should be put up the next day, unless the meeting was long one or it is necessary to wait for the verbatim/summary record from the Reporters. The format of the minutes is as follows:— (i) Recitation of the date, time, venue of the meeting and meeting number; (ii) Members present, witnesses present (if any) and Secretariat officials; (iii) Agenda item-wise gist of discussion, ending with the conclusion on each item; and (iv) Time of adjournment. In case a meeting adjourns without transacting any business, only a "Note for Record" will be prepared, giving the names of Members, witnesses (if any) and Secretariat Officials present and time of adjournment. No record of any informal discussions, if any, need be indicated on this note. After approval of the minutes by the Committee Chairman, they are translated into Hindi and circulated to all Members. A copy of the Minutes is sent to the Ministry of Statistics and Programme Implementation for taking necessary action at their end. Cancellation/Postponement of Meeting: In case a scheduled meeting is cancelled or postponed, notice thereof shall be issued to all Members with copies to all those to whom the original notice was endorsed. In case, a fresh date and time has been decided and the venue can be booked, the new date, time and venue may be indicated in the notice. In case, the cancellation/postponement takes place at a short notice, the Committee Officer shall also endeavour to contact Members on telephone. Information in this regard shall also be displayed at the venue of the meeting and an official shall be present at the appointed time in order to guide Members who may not have received intimation of cancellation/ postponement. Railway catering service will also be informed immediately with regard to cancellation of order for refreshment. On-the-Spot Study Tours by the Committee: The Committee may undertake, with the approval of Chairman, Rajya Sabha, on the spot Study Tours to the places affected by natural calamities of severe nature and also to the places where works are being undertaken from MPLADS fund. The Committee undertakes such visits to provide an opportunity to the Members of the Committee to have first hand knowledge of the extent of damage caused, nature of works required to be undertaken, progress of rehabilitation works/ projects and problems, if any, faced by in the execution of works and to enable them to approach the issues keeping in view ground realities at the time of examining the representatives of the concerned Ministries/Departments/Organisations. The Committee interacts with the heads of the Organisation/State Govt. Department, so that the information obtained is authentic and the organisation is accountable for its correctness and completeness. 132
Prior Permission of the Hon'ble Chairman: Once the Committere decides to undertake a visit, prior permission of Chairman, Rajya Sabha is required. The Committee Chairman makes a request, giving the details of the itinerary, the approximate dates of the visit, the items to be discussed/studied. In case, the itinerary of the study visit is altered after approval, the Committee Chairman may make a separate request to Chairman, Rajya Sabha, or the Secretariat shall submit the file. Direction Regarding Companion of a Member: The following direction of Hon'ble Chairman, Rajya Sabha regulates the visits of the Parliamentary Committees outside Delhi:— "No member should take any other persons during the official tours. A member may, however, takes his/her spouse on tour on medical ground with the prior permission of the Chairman of the Committee. In exceptional cases i.e. in case of extreme necessity where the member's spouse is not able to accompany him/her on tour due to medical or other reasons, the member may take any other person on tour with the prior permission of the Chairman through the Chairman of the Committee concerned. In such cases, the member shall bear all expenses including board, lodging and transport, etc., in respect of his/her spouse or attendant. In case any person accompanies a member without prior permission, the member shall not only bear all the expenses of the accompanying person but would also be liable to be debarred from undertaking any further Committee tours". A detailed programme is drawn by the Committee Section after the Chairman, Rajya Sabha, approves the visit/tour. The programme is prepared by the Secretariat after consulting the Chairman of the Committee. The tour programme specifies the date and place of assembly and dispersal and dates of the various engagements. A copy of the tour programme prepared in connection with visit of the Committee from 18th to 22nd February, 2008 to Tamil Nadu, Andaman and Nicobar Islands and Kerala is placed at Annexure-7.10. The approved programme is circulated to the members of the Committee for their information and for obtaining their consent to join the tour. A proforma is circulated in which Members indicates to the Secretariat the date and mode of their arrival and departure. A copy of the proforma issued in connection of the visit of the Committee to Chennai, Port Blair and Kochi from 18-22nd February, 2008 is placed at Annexure-7.11 for perusal. A copy of the tour programme is sent to the Chief Secretary of the concerned State for information and necessary action. Preparatory Meeting with Representatives: A preparatory meeting with the representatives of the Ministry of Statistics & Programme Implementation is held by the Director/Joint Director associated with the Committee in order to make arrangements for transport/boarding and lodging. The Ministry is required to submit following papers to the Committee Secretariat for the use of Members of the Committee and Officials: (i) Brief notes (in English and Hindi) on the background of natural calamity/progress of works being executed under MPLAD Scheme; (ii) The names of the Liaison Officers at the respective place of visit; (iii) Statement showing the confirmation of the arrangements made; and (iv) Arrangements made for the Reception/Departure of Members and Officers at the Airport/Railway Stations. After this is finalized, detailed itinerary showing the date, time, agenda and venue of meetings, place of stay and liaison officers details are circulated to Members. A copy of the Minute to Minute tentative programme prepared in connection with the visit of the Committee to Patna from 17th to 18th November, 2008 is placed at Annexure-7.12 and a list of liaison/coordinating officers prepared in connection with the visit of the Committee to Chennai, Port Blair and Kochi from 18th to 22nd February, 2008 is placed at Annexure-7.13. Reservation of Air/Rail Tickets: The Ministry of Railways (Railway Board) is approached, if required, to make arrangments for reservation of tickets for Members and officers accompanying the Committee as per programme. Air Authorities are also requested, if required, to reserve the seats in the flights as per the tour programme. They are also requested to issue instructions to the concerned Station Superintendents and Officer in-charge of the concerned Airport to make necessary arrangments. 133
The Ministry is requested to ensure that arrangements are made for Members and officers in advance of the actual date of commencement of the visit at the station where the Committee proposes to assemble. Under the rules, the Members are entitled to reach two days in advance of the commencement of the tour and to stay two days after dispersal. Members are requested to confirm their participation in the tour and intimate their arrival-departure programmes so that booking is made accordingly. The tour programme of the officials of the Secretariat accompaying the Committee is put up for approval of the Joint Secreatry. The Director/Joint Director, Deputy Director/Committee Officer and one Dealing Assistant normally form part of the team. Permission to perform intermediate journeys by higher class than entitlement, if necessary, must be obtained from the Secretary General in advance, citinig cogent reasons. Interviews, communiques etc. giving information to the media about the Government institutions visited by the Committee or evidence tendered during the course of a visit are not to be done. Instructions for Observance by the Officials: The following instructions are to be observed by the officials accompanying the Committee, i.e., to ensure that stay arrangements are made smoothly:— (i) All the arrangements for the tour viz., the places to be visited, the transport arrangements, places of stay, boarding etc. would be suitably brought to the notice of the Committee Chairman. (ii) Arrangements during the tour should be dignified but not ostentatious. Officials must exercise due economy; (iii) The officials will reach the place on the day of the assembly and keep in close touch with the designated Liaison Officer to make sure that all necessary arrangements have been made; (iv) The officials will keep with them the arrival plans intimated by the members, and intimate the Liaison Officer to facilitate their reception at the railway station/airport and transport to the place of stay; (v) Throughout the tour, they should see that proper arrangements are made for Members of the Committee by the organisation to whom instructions would have already been issued by the Committee Secretariat in this connection; and (vi) The officials will contact the Members to ascertain their departure programmes and facilitate bookings through the Liaison Officer issuing Exchange Order Forms (to be brought with them), if necessary. For this, the Committee Section shall maintain a register indicating the particulars of Exchange Order Forms issued to the Members while on tour and after the return from the tour, the Members Salary and Allowances Section is informed accordingly. The officials accompanying the Committee shall also ensure that:— (i) the background papers must be received in sufficient number and circulated to Members. (ii) transport arrangements to the venue and seating and other arrangements at the venue are checked to ensure that the Committee discussions are held smoothly. (iii) in case additional information is desired by a Member before or during discussion, the information is provided as soon as possible. (iv) they make themselves fully conversant with the subject under discussion, brief the Chairman before the meeting, maintain notes of discussions and the points requiring follow up. Preparation of Tour Notes: On return from tour, the notes on the study visit are prepared which cover the important points emerging out of discussion as well as points on which further information may be required. The note is circulated to Members of the Committee for their information, and action initiated for follow up on issues arising out of the visit. A copy of the note is attached to the Report of the Committee. TA/DA Bills of the Committee and the Secretariat: In respect of meetings of the Committee, as soon as the meeting is over, the attendance sheet along with a copy of the notice of the meeting is sent to MS&A Section for preparation of TA/DA Bills of Members. In respect of non official 134 witnesses who are to be paid TA/DA, orders of the competent authority are obtained by the Section and sent along with a certificate of attendance. In respect of tours, the Section will furnish to MS&A Section the final arrival/departure and mode of travel statement of Members. Officers of the Secretariat submit their tour programme as sanctioned by the competent authority, for preparation of the TA Bills. Preparation, Adoption, Publication and Printing of Report: A Draft Report of the Committee is prepared by the Section on the basis of minutes, memoranda and other information received from the Ministries/Organisations and evidence tendered during proceedings. The draft is to be prepared under the specific direction of the Director/Joint Director as to the thrust of recommendations etc., based on the deliberation in the Committee and instructions of the Committee Chairman. The chapters and paragraphs will be properly numbered and cross- referenced. It must be ensured that the drafting is such that the recommendations of the Report:— (i) conform to the mandate of the Committee; (ii) are specific and to the point and not so general as to make compliance impossible; and (iii) are free from factual errors particularly with reference to enacted Legislation. For convenience, the observations and recommendations are printed in bold letters in the text and the recommendations extracted as a separate chapter at the end of the Report, referring to the para number where they occur. The draft is put up for approval of the Joint Secretary and the Chairman on file. Date of meeting for adoption of the Report by the Committee is then decided. Copies of the Draft Report are then circulated to the Members of the Committee in advance of the date on which it is to be considered and adopted by the Committee. The draft Report and the recommendations are considered paragraph by the paragraph and approved, with amendments if any, by the Committee. After the Report has been adopted by the Committee, either with or without amendments, the amendments, if any, are carried in the Report and approved by the Chairman if authorized by the Committee. Extracts of the recommendations/observations are appended to the Report. The Committee also fixes a date for the presentation of the Report to the Council and authorizes the Chairman and in his absence, another Member for the purpose. The Report will be arranged in the following order:— (i) Table of Contents; (ii) Composition of the Committee and of its Secretariat, (including period of membership); (iii) Introduction; (iv) Report (Comprising one or more chapters each devoted to a Subject); (v) Recommendations/Observations at a glance; and (vi) appendices to the Report (including Minutes of Meetings, tour notes etc.). The Chairman of the Committee has the power to correct patent errors or matters of factual nature in the Report adopted by the Committee, before its presentation to the Council. Two copies of the Report are prepared in Camera Ready Copy form by the Section, one of which is sent to the Printing Section for printing. The second copy is sent to the Translation Section for rendering the Report into Hindi version and on receipt it is forwarded to the Printing Section. Where it is anticipated that the Report is likely to be presented at short notice, draft Report in advance is to be sent to be Translation Section and final hand corrected manuscript forwarded later to enable finalisation of the translation. Three copies each in English and Hindi of the Report are got authenticated by the Chairman for presentation to the Council. The Report is ordinarily presented to the House by the Chairman but if he is unable to do so one of the Members of the Committee authorised by the Committee may present the Report to the Council. After presentation of the Report to the Council, two copies of the Report are sent to the Ministry of Statistics & Programme Implementation. One copy along with the floppy is sent to NIC for placing on to the Rajya Sabha web site. Copies of the Report are made available to the Members of the Rajya Sabha through the Publications Counter after printing. Five copies of the published Report are 135 supplied to the Parliament Library. The Section will monitor the printing of the Reports and will bring to the notice of the Director/Joint Director in case printing of either English or Hindi version is delayed by more than one month. Additional copies of the Report to the Ministry etc. are sent only on specific requests. Electronic Text of Reports: Where possible, the Report, at least the English version, shall be prepared on Computer and printed in CRC. If a portion of a Report cannot be rendered in electronic form and the Report or a part of it has to be sent to the Press as a manuscript through Printing Section, Printing Section will obtain back the complete text along with the inputted electronic text from the Government of India Press and send the text to the Committee Section for linking to the Internet through Committee software. Action Taken Reports: As soon as the Report of the Committee is presented to the Rajya Sabha, attention of the Ministry of Statistics & Programme Implementation is drawn to the recommendations/observations made in the Report with which it is concerned and it is asked to submit an Action Taken Report (ATR) within 6 months, in annotated form, i.e., para-wise in respect of each recommendation/observation. In case, where Ministry is not in a position to implement or, feels any difficulty in giving effect to a recommendation made by the Committee, the Ministers orders are required to be obtained before the reasons are communicated to the Committee/Secretariat. The ATR is examined and where it is found that full effect has not been given to a recommendation or the Ministry has given reasons why it does not intend to give effect to the recommendation, the matter is submitted as a self contained Memorandum to the Committee along with a draft comment for its consideration. Records: The Section will maintain the following information: (i) Register of Reports:
Report No. Subject Date of Date of Action Taken Report, if any Adoption Presentation with date of report
(ii) Register of Meetings: Year______
Meeting Date & Location & Subject Evidence if Recorded No. Time Venue Discussed
(iii) Register of Committee Membership: A register is maintained to contain Bulletins of membership of the Committee, whenever reconstituted, in a chronological order to provide instant information of the composition of the Committee on a given date. (iv) Guard File of Tours: The file will contain copies of all tour programmes of the Committee during the year. (v) Guard File of Minutes: The Minutes of the meetings of the Committee are approved on individual files. A guard file of minutes is maintained which contains the minutes of various meetings of the Committee. 136
(vi) Register for Refreshments Ordered: Details of refreshments/lunch etc. ordered for the various meetings are entered and bills received are to be checked against this. The format of the Register is as follows:— Year______
Sl.No. Date of Meetings Bill No. Date of Payment Amount Sign. of C.O.
The Section also maintains a register to note the allocation made for the purpose during the financial year and the expenditure incurred along with the balance of amount in hand. Use of Committees Software: The Section will generate notices of meetings, tour itinerary, Committee reports and recommendations etc. using the Committees software in order to capture the data into a comprehensive data base which operates under a client-server software with web-enabled outputs for use by all Committee Sections, Members of Committee as well as the general public. Annexure-7.1 LIST OF WORKS PROHIBITED UNDER GUIDELINES OF MPLADS 1. Office and residential buildings belonging to Central, and State Governments, their Departments, Government Agencies/Organizations and Public Sector Undertakings. 2. Office and residential buildings, and other works belonging to private, cooperative and commercial organizations. 3. All works involving commercial establishments/units. 4. All maintenance works of any type. 5. All renovation, and repair works except heritage and archeological monuments and buildings with specific permission available from the Archeological Survery of India. 6. Grants and loans, contribution to any Central and State/UT Relief Funds. 7. Assets to be named after any person. 8. Purchase of all movable items except vehicles, earth movers, and equipments meant for hospital, educational, sports, drinking water and sanitation purposes belonging to Central, State, UT and Local Self Governments. (This will be subject to 10% of the Capital Cost of the work for which such items are proposed) 9. Acquisition of land or any compensation for land acquired. 10. Reimbursement of any type of completed or partly completed works or items. 11. Assets for individual/family benefits. 12. All revenue and recurring expenditure. 13. Works within the places of religious worship and on land belonging to or owned by religious faith/group.
137 Annexure-7.2 FORM FOR CHOICE OF NODAL DISTRICT (For all Members of Parliament) I am elected/nominated Member of Rajya Sabha with effect from...... (date, month, year). My choice of the Nodal District for implementation and release of MPLADS funds is: District Opted : ______District Address : ______PIN: State/UT in which the district falls : ______
(SIGNATURE) Full Name: (In capital letters) Date: Permanent Address/Delhi Address ______Telephone with STD ______Telephone ______Fax.______E-mail ______(Any change in the addresses in future may also be intimated immediately)
To Director (MPLADS), Ministry of Statistics and Programme Implementation, Government of India, Sardar Patel Bhawan, Parliament Street, New Delhi 110001. Copy to Shri/Smt...... Secretary, ...... Nodal Department, State Government...... Copy to Shri/Smt...... District Authority (District Collector) ...... District, At ...... P.O ...... PIN ......
138 Annexure-7.3 FORMAT FOR RECOMMENDING ELIGIBLE WORKS BY MEMBER OF PARLIAMENT (The recommendation may be given on the MP's letter-head) Place: Date: From Name Member of Parliament (Lok Sabha/Rajya Sabha) Address To The District Authority (District Collector/Deputy Commissioner/District Magistrate/ Commissioner of Municipal Corporation/CEO of District Planning Committee)
Subject: Recommendation of works under MPLAD Scheme Sir, I recommend that the following works may please be scrutinized and sanctioned, in the order of priority indicated below, from the MPLADS fund. The works in the Priority No...... and...... are meant for the development of areas inhabited by SCs/and STs population respectively.
Priority Name and Nature of work* Location Approximate cost No. (Rs. in Lakh) 1. 2. 3. 4. 5. 6. 7. 8. 9. *Please refer to Annex.-IV-E of the Guideline (The priority list can be increased if the MP recommends more works up to the entitlement). 2. The above works may please be got scrutinized and technical, financial and administrative sanction issued within 45 days of receipt of this letter. The sanctioned works should be completed quickly as per the provisions of the MPLADS Guidelines. I may please be kept informed of the sanction and the progress of the works implementation. If any of the recommended work is found non-eligible, and if the sanction is delayed beyond 45 days, reasons for the same may be intimated to me. Yours faithfully,
(Signature of MP) 139 Annexure-7.4 MEMBER OF PARLIAMENT LOCAL AREA DEVELOPMENT SCHEME (MPLADS) Form of Utilization Certificate for funds received under MPLADS for the year...... and for the...... MP constituency
Sl.No. Letter Amount No. and date Certified that out of Rs...... of grants-in- aid sanctioned during the year...... in favour of ...... under the Ministry of Statistics and Programme Implementation, Government of India letter given on the margin and Rs...... on account of unspent balance of the previous year, a sum of Rs...... has been utilized for the purpose of execution of works, recommended by MP concerned and as permissible under the Guidelines on MPLADS for which it was sanctioned and that the balance of Rs...... remaining unutilized at the end of the year will be carried forward to the next year......
Total
2. Having been fully satisfied I certify that the conditions on which the grants-in-aid was sanctioned have been duly fulfilled and that I have exercised the following checks to see that the money was actually utilized for the purpose for which it was sanctioned. The following kinds of checks were exercised by me while furnishing this Utilization Certificate:— 1. 2. 3. 4. 5. Place: Date: Signature of District Authority Name (capital letters) Designation Telephone
140 Annexure-7.5 MEMBER OF PARLIAMENT LOCAL AREA DEVELOPMENT SCHEME (MPLADS) AUDIT CERTIFICATE It is certified that we have audited the annual Balance Sheet and account as on 31st March...... (year) and Receipt and Payment and Income and Expenditure Accounts for the year ending on that date of Member of Parliament Local Area Development Scheme (MPLADS) from the books of accounts, records and other documents produced to us by the District Authority and the executing agencies. In our opinion and to the best of our knowledge and according to the explanations given to us and subject to our observations as detailed below we report that:— (a) The Balance Sheet read together with notes thereon gives a true and correct view of the state and affairs of the MPLADS as on 31st March...... (year). (b) The Income and Expenditure Accounts gives a true and correct view of the surplus of funds over expenditure of Rs...... for the year ending 31st March...... (year) (c) The Receipt and Payment Accounts give a true and correct view of the transaction of the Scheme for the year ending 31st March...... (year). (d) Not more than one Bank Account is operated for the Scheme. (e) No funds are kept in the form of Fixed Deposits. (f) Interest accrued in Saving Bank Account has been taken as receipt for use on the MPLAD Scheme. (g) Bank Reconciliation Statement is being prepared regularly every month. (h) Cash Book is being written on real accrued basis. (i) Expenditure shown in the Income and Expenditure Account is properly reflected in the Utilization Certificates. (j) There is no case of diversion of funds. (k) The following Reports certified by the Competent Authority of the District Administration form part of the Audit Certificate:— (i) Physical and Financial Progress Report for the year ending 31st March...... (year). (ii) Cumulative Physical and Financial Progress Report up to 31st March...... (year). (In case of Lok Sabha, MPs, right from the inception and for Rajya Sabha MP for the period of individual MP's tenure). (iii) MPLADS fund Utilization Certificate. (l) There is no audit objection in so far as the said accounts audited by us. (In case there is any pending audit objection and objections raised during the present audit, please furnish the details. In case of the Audit objections indicated by the Chartered Accountant, the same shall be attached to this Certificate with seal and signature). (The certificate shall be on the auditing firm's letter head clearly indicating Signature, Name, address, telephone, fax, and e-mail of the auditor(s) with seal.)
141 Annexure-7.6 PARLIAMENT OF INDIA RAJYA SABHA SECRETARIAT (COMMITTEE ON MPLADS) NEW DELHI Tel: 23034077. E-mail:[email protected] No. RS/1/2008-MPLADS Dated the 3rd September, 2008 NOTICE Members are informed that the next meeting of the Committee on Member of Parliament Local Area Development Scheme, Rajya Sabha will be held at 3.00 p.m. on Monday, the 15th September, 2008 in Room No. 67, First Floor, Parliament House, New Delhi to:— (i) hear the views of the Secretary (Expenditure), Ministry of Finance, on the following issues: (a) impact of inflation and cost escalation on the MPLAD Scheme in real terms since its inception; and (b) viability of establishing a mechanism at the State level for exclusively monitoring the implemention of MPLAD Scheme along with similar Scheme at State level. (ii) discuss the flood situation in Bihar.
DEPUTY DIRECTOR To The Chairman and Members of the Committee on Member of Parliament Local Area Development Scheme, Rajya Sabha. (Both at local and permanent addresses). Website : http://rajyasabha.nic.in
142 Annexure-7.7 STATE EXPRESS TELEGRAM
MEETING OF MPLADS COMMITTEE SCHEDULED FOR 18TH AUGUST, 2008 AT 3.30 PM, IN ROOM NO. 31 PARLIAMENT HOUSE, NEW DELHI (.) KINDLY MAKE IT CONVENIENT TO ATTEND (.)
RAJYA SABHA
Not to be telegraphed.
ASSISTANT DIRECTOR RAJYA SABHA SECRETARIAT PARLIAMENT HOUSE ANNEXE NEW DELHI Tel.: 23034077.
No. RS./1/2008-MPLADS Dated the 13th August, 2008. 1. Copy in confirmation by post both at local and permanent addresses to the Chairman and Members of the Committee on MPLADS (.)
ASSISTANT DIRECTOR RAJYA SABHA SECRETARIAT PARLIAMENT HOUSE ANNEXE NEW DELHI.
143 Annexure-7.8 PARLIAMENT OF INDIA RAJYA SABHA SECRETARIAT (COMMITTEE ON MPLADS) CABIN-B-6, PHA, NEW DELHI Tel: 23034077 E-mail:[email protected] No. RS/1/2008-MPLADS Dated the 12th September, 2008. NOTICE Members are reminded that the next meeting of the Committee on Member of Parliament Local Area Development Scheme, will be held at 3.00 p.m. on Monday, the 15th September, 2008 in Room No. 67, First Floor, Parliament House, New Delhi.
2. A copy each of the following papers is enclosed:— (i) Memorandum No. 12 of 2008 regarding impact of inflation and cost escalation on the MPLAD Scheme in real terms since its inception; (ii) Memorandum No. 13 of 2008 regarding viability of establishing a mechanism at the State level for exclusively monitoring the implementation of MPLAD Scheme along with similar Scheme at State level; (iii) Memorandum No. 14 of 2008 regarding the flood situation in Bihar; and (iv) Brief notes on (i) & (ii) above received from Ministry of Statistics & Programme Implementation.
DEPUTY DIRECTOR Tel. 23035431. To The Chairman and Members of the Committee on Member of Parliament Local Area Development Scheme, Rajya Sabha (At their local addresses only). Website: http://rajyasabha.nic.in
144 Annexure-7.9 RAJYA SABHA SECRETARIAT Minutes of the Meeting of the Committee on Member of Parliament Local Area Development Scheme, Rajya Sabha I (FIRST MEETING)
The Committee met at 3.30 P.M. on Monday, the 18th August, 2008, in Room No. 31, Ground Floor, Parliament House, New Delhi. PRESENT Chairman
MEMBERS 2. Shri Harish Rawat 3. Dr. (Shrimati) Najma A. Heptulla 4. Shri Nand Kishore Yadav 5. Shri Moinul Hasan 6. Shri N.K. Singh 7. Dr. V. Maitreyan 8. Shri Rajniti Prasad
SECRETARIAT 1. Shri V.K. Agnihotri, Secretary-General 2. Dr. D.B. Singh, Joint Secretary 3. Shri S. Jason, Joint Director 4. Shri D.K. Juneja, Deputy Director 5. Shri R.P. Tiwari, Assistant Director
REPRESENTATIVES FROM THE MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION 1. Dr. Pronab Sen, Secretary 2. Smt. Lalitha Kumar, Additional Secretary 3. Shri A.K. Mehra, Deputy Director -General 4. Shri Anil Kumar Choudhary, Director 5. Ms. Kiran Vasudeva, Under Secretary 2. The Committee considered the following issues and decided as under:— Memorandum No. 8 of 2008 Non-release of MPLADS fund of Dr. A.R. Kidwai, Ex-M.P., Rajya Sabha to Jamia Hamdard University.
145 146
The Secretary, Ministry of Statistics & Programme Implementation, informed that the Ministry has informed the Commissioner, MCD, on the procedure to be followed for the release of MPLADS funds of Dr. A.R. Kidwai, Ex-MP, Rajya Sabha to Majeedia Hospital under Jamia Hamdard University for purchase of medical equipments. Memorandum No. 9 of 2008. Non-availability of MPLADS funds of Smt. Jamna Devi Barupal, Ex-MP, Rajya Sabha for Tsunami rehabilitation works. The Committee considered the issue of non-availability of funds in the MPLADS account of Smt. Jamna Devi Barupal, Ex-MP, Rajya Sabha for Tsunami rehabilitation works. The Committee took note of the fact that some works subsequently recommended by Smt. Barupal had already been executed which resulted in the situation. The Committee, therefore, decided to treat the matter as closed. Memorandum No. 10 of 2008. Progress of Tsunami Rehabilitation works. The Committee was informed that barring few works in Kerala, Andhra Pradesh and Andaman & Nicobar Islands, most works recommended by the Committee have been completed. The Committee directed the Ministry to issue necessary instructions to the State Governments/Union Territories to expedite the settlement of final bills relating to works that have been completed. The Committee also observed that savings along with interest accrued thereon, if any, in respect of the works recommended by the Committee should be returned to the nodal district of the concerned MPs in proportion to their contribution for the said project where savings have been made. Memorandum No. 11 of 2008. Accounting and Auditing procedure of MPLAD Scheme. The Committee was informed that the Institute of Chartered Acountants, New Delhi, has informed that different State Governments were following different accounting procedures for maintaining accounts under MPLADS due to which the preparation of report and a uniform format of audit was taking longer than expected. The Ministry also informed that they are pursuing the matter with the Institute for early submission of the report. The Committee after some discussion, authorized the Chairman to hold a meeting with the officers of the Institute and the Ministry for an early action in the matter. Other Items 3. Besides the above mentioned issues, the following matters were also discussed:— (i) The Committee observed that the monitoring procedure as laid down in the guidelines were not being scrupulously followed in many States. Towards this end, the Committee felt, there was a need for convening a meeting with the Chief Secretaries of all the State Governments to ensure that a proper monitoring mechanism is put in place as envisaged in the guidelines. The Committee urged the Ministry to call for such a meeting and also explore the possibility of appointing an officer at the State level exclusively to monitor the implementation of the MPLAD Scheme along with similar scheme available in the State for MLAs. The Committee also decided to invite Minister for Statistics and Programme Implementation and call the Expenditure Secretary to hear their views on establishing a mechanism to exclusively monitor the implementation of Scheme under MPLAD. (ii) The Committee also discussed the issue of inflation and cost escalation and its impact on the Scheme in real terms since its inception. It was observed that the value of rupee had eroded considerably and, therefore, the developmental impact of the Scheme has eroded. The Committee decided to call Expenditure Secretary to have her views on measures to be taken to maintain the same development impact on the Scheme as envisaged originally. (iii) It was also brought to the notice of the Committee by some Members that there was a need to review the guidelines on MPLADS; Members were often not informed about completion of works recommended by them; and that works under Scheme should be awarded only through open tenders. The Committee took note of the above observations made by the Members. 4. The meeting, thereafter, adjourned at 4.25 p.m.
New Delhi. DEPUTY DIRECTOR Dated: 18.08.2008 Annexure-7.10 TOUR PROGRAMME OF THE COMMITTEE ON MEMBER OF PARLIAMENT LOCAL AREA DEVELOPMENT SCHEME (MPLADS) from 18th February To 22nd February, 2008 to TAMIL NADU, ANDAMAN & NICOBAR ISLANDS AND KERALA
Date Day Time 18.02.08 Monday Assembly at Chennai
(Night Halt at Chennai).
19.02.08 Tuesday 05.45 A.M. Departure for Port Blair by IC 549 07.50 A.M. Arrival at Port Blair 10.00 A.M. Meeting with Chief Secretary/District Officials and visit to Diglipur, Camorta and Little Andaman (Night Halt at Port Blair on 19.02.08 and 20.02.08). 21-02-08 Thursday 08.35 A.M. Departure from Port Blair for Chennai by IC 550 10.50 A.M Arrival at Chennai 12.00 P.M Meeting with Chief Secretary/District Officials (Regarding Tsunami Projects) 06.30 P.M. Departure from Chennai for Kochi by IC 973 07.30 P.M. Arrival at Kochi (Night Halt at Kochi). 22.02.08 Friday 09.00A.M Meeting with Chief Secretary/District Officials and visit to Old Age Homes at Edavanakad in Ernakulam and at Arattupuzha in Alappuzha Dispersal
147 Annexure-7.11 RAJYA SABHA COMMITTEE ON MEMBER OF PARLIAMENT LOCAL AREA DEVELOPMENT SCHEME PROFORMA PERTAINING TO THE JOURNEYS TO BE PERFORMED BY MEMBERS IN CONNECTION WITH THE COMMITTEE'S VISIT TO CHENNAI, PORT BLAIR AND KOCHI From 18th February-22nd February, 2008 ***** 1. Name : 2. Identity Card No. : 3. Arrival (i) Place (ii) Date (iii) *Mode of journey 4. Departure (i) Place (ii) Date (iii) *Mode of journery Signature: Division No. *The details of Flight/Train No. may please by indicated. The proforma may be returned to:— Deputy Director (MPLADS), Rajya Sabha Secretariat, Room No. 168, Ist Floor, Parliament House Annexe, New Delhi Tel. 23035431 (O) 24613234 (R) 23015585 (Fax) 23018888 (Fax)
148 Annexure-7.12 VISIT OF THE COMMITTEE ON MPLADS TO PATNA FROM 17th TO 18th NOVEMBER, 2008
Minute to Minute tentative programme
Date Programme Time between
17.11.08 Arrival of Members 12.55 to 2.45 PM in the Hotel Maurya, Gandhi Maidan, Patna (Accompanied by Liaison Officers) Lunch in the Hotel Maurya 1.30 to 3.30 PM Preliminary 4.30 PM discussion with officers 18.11.08 Discussion with Chief 11.30 AM onwards Secretary, Government of Bihar & Other officials Lunch Break 1.30 PM Local visit after lunch 19.11.08 Departure 8.30 AM
Note- All meetings and discussions will be held at Hotel Maurya, Conference Room
149 Annexure-7.13 LIST OF LIAISON/CO-ORDINATING OFFICERS
Sl. Place Name & Designation Tel. No. Fax No. No. 1. Tamil Nadu Mr. Jai Kumar, Additional 09444915124(M) 044-24343205 Place of Stay-Hotel Director 044-24350031 Trident, Chennai Mr. Gagandeep Bedi, Director 044-24323794 (O) 09940067508(M) 044-24338690(R) Shri Rajesh Lakhani, Municipal 044-24350031(O) 044-25383962 Commissioner, Chennai 09444915124(M) Shri Ashok Vardhan Shetty, 044-25670769 Dy. Secretary, Rural 044-26151702 Development Shri Jag Mohan Singh Raju, 011-24193100 011-24193444 Resident Commissioner, Govt. of Tamil Nadu 2. Andaman & Nicobar Ms. Rinku Dugga, 09434280023 (M) 03192-232236 Islands Secretary (General 03192-233227(O) Place of Stay-South Administration) Point Circuit House, Port Blair Shri S.N. Jha, 03192-233227(O) 03192-232236 Deputy Commissioner, 09434280023(M) Andamans Shri Mohammed, ADM & 03192-200934 Coordinating Officer 09933234208 (M) Shri Sreekanth, ADM, 03192-232575 Andamans Shri G.G. Saxena, 011-26119590 011-26880237 Resident Commissioner, UT 011-26871443 Administration of A & N Islands (Andaman Bhavan) 3. Kerala Mr. A.J. Rajan, 0471-2327783 (O) 0471-2336540 Place of Stay-Govt. Additional Secretary (Planning) 09447010798 (M) Circuit House, Ernakulam. Shri Mohammad Haneesh, 0484-2423001 (O) 0484-2422282 District Collector, Ernakulam, 0484-2372902(R) Kochi 09827029012(M) Shri V.K. Balakrishnan, 0477-2251720(O) 0477-2243721 District Collector, 09447129011(M) Alappuzha District Shri Inder Jit Singh, Resident 011-23368806 011-23368934 Commissioner, Govt. of Kerala, 011-23368581 Kerala House, 3 Jantar Mantar (Kerala House) Road, New Delhi-110001 4. Ministry of Statistics & Shri A.K. Choudhary, 011-23344933 (off) 011-23364197 Programme Director 011-26897991 (Res.) Implementation 9968291659
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