WEDNESDAY, THE 18TH FEBRUARY, 2009 (The met in the Parliament House at 11-00 a.m.) 11-00 a.m. 1. Oath or Affirmation The following Members from the State of Jammu and Kashmir made and subscribed oath and took their seats in the House:— 1. Dr. 2. Shri Mohammad Shafi #11-08 a.m. 2. Starred Questions The following Starred Questions were orally answered:- Starred Question No. 41 regarding Clearances to FDI proposals. Starred Question No. 42 regarding Implementation of Building and Other Construction Workers’ Act. Starred Question No. 43 regarding Traffic problems at Gol Dakkhana in . Starred Question No. 44 regarding Employment under NREGS. Answers to remaining Starred Question Nos. 45 to 60 were laid on the Table.

# From 11-02 a.m. to 11-08 a.m. some points were raised. 3. Unstarred Questions Answers to Unstarred Question Nos. 242 to 396 were laid on the Table. 12-00 Noon. 4. Statement by Minister Correcting Answer to Question Shri A.K. Antony, Minister of Defence, laid on the Table a copy (in English and Hindi) of the statement correcting the answer to Unstarred Question 3902 given in the Rajya Sabha on the 30th April, 2008 regarding “UAV crash near Bhatinda, Punjab”. 18TH FEBRUARY, 2009 12-01 p.m. 5. Papers Laid on the Table Secretary-General laid on the Table a copy of the National Jute Board Bill, 2008 as passed by the Houses during the Two hundred and fourteenth Session and assented to by the President. Shri A.K. Antony (Minister of Defence) laid on the Table a copy (in English and Hindi) of the Ministry of Defence Notification S.R.O. 65, dated the 20th to 26th July, 2008, publishing the Armed Forces Tribunal (Procedure for appointment of Vice- Chairperson and other Members) Rules, 2008, under Section 43 of the Armed Forces Tribunal Act, 2007. Shri P. Chidambaram (Minister of Home Affairs) laid on the Table:- I. A copy (in English and Hindi) of the Ministry of Home Affairs Notification G.S.R. 3015 (E), dated the 31st December, 2008, publishing the National Investigation Agency (Manner of Constitution) Rules, 2008, under Section 26 of the National Investigation Agency Act, 2008. II. A copy (in English and Hindi) of the Ministry of Home Affairs Notification S.O. 3014 (E), dated the 31st December, 2008, publishing the Unlawful Activities (Prevention) (Recommendation and Sanction of Prosecution) Rules, 2008, under sub- section (3) of Section 21 of the Unlawful Activities Prevention Act, 1967. Shri (Minister of Science & Technology and Minister of Earth Sciences) laid on the Table:- I.(1) A copy each (in English and Hindi) of the following papers, under sub-section (1) of Section 619A of the Companies Act, 1956:— (a) Nineteenth Annual Report and Accounts of the Bharat Immunologicals and Biologicals Corporation Limited (BIBCOL), Bulandshahr, , for the year 2007-2008, together with the Auditor’s Report on the Accounts and the comments of the Comptroller and Auditor General of thereon. (b)Statement by Government accepting the above Report. (2) Statement (in English and Hindi) giving reasons for the delay in laying the papers mentioned at (1) above. RAJYA SABHA II. A copy each (in English and Hindi) of the following papers:— (a) Twenty-second Annual Report and Accounts of the Consultancy Development Centre (CDC), , for the year 2007-2008, together with the Auditor’s Report on the Accounts. (b) Statement by Government accepting the above Report. (c) Statement giving reasons for the delay in laying the papers mentioned at (a) above. Shri (Minister of State (Independent Charge) of the Ministry of Labour & Employment) laid on the Table:- I. A copy (in English and Hindi) of the following Notifications of the Ministry of Labour and Employment (Directorate General of Employment and Training), under sub-section (3) of Section 37 of the Apprentices Act, 1961:— (1) S.O. 2594, dated the 13th September, 2008, publishing the subject fields in engineering and technology as designated trades for Graduate Technician and Technician (Vocational) Apprentices. (2) G.S.R. 895(E), dated the 30th December, 2008, publishing the Central Apprenticeship Council (Amendment) Rules, 2008. II. A copy each (in English and Hindi) of the following papers:— (i)(aFifty-fifth Annual Report of the ) Employees’ Provident Fund Organisation, New Delhi, for the year 2007-2008. (bAnnual Accounts of the Employees’ ) Provident Fund Organisation, New Delhi, for the year 2007-2008 and Audit Report thereon. (c Statement giving reasons for the delay in ) laying the papers mentioned at (a) and (b) above. (ii)(aAnnual Report and Accounts of the ) National Instructional Media Institute (NIMI), Chennai, for the year 2007-2008, together with the Auditor’s Report on the Accounts. (bStatement by Government accepting the ) above Report. 18TH FEBRUARY, 2009 Dr. Shakeel Ahmad (Minister of State in the Ministry of Home Affairs) laid on the Table:- I. A copy each (in English and Hindi) of the following papers, under sub-section (3) of Section 12 of the Governors (Emoluments, Allowances and Privileges) Act, 1982:— (1) Special Order of the Ministry of Home Affairs, dated the 4th February, 2009, authorizing Governor of Haryana for additional expenses under ‘Hospitality Expenses’, ‘Contract Allowances’ and ‘Tour Expenses’ of Schedule-II to the Governors (Allowances and Privileges) Rules, 1987. (2) Special Order of the Ministry of Home Affairs dated the 29th December, 2008, authorizing Governor of Goa for additional expenses under ‘Tour Expenses’ of Schedule-II of the Governors (Allowances and Privileges) Rules, 1987. II. A copy each (in English and Hindi) of the following papers:— (a) Annual Accounts of the National Human Rights Commission, New Delhi, for the year 2007-2008, and the Audit Report thereon. (b) Statement giving reasons for the delay in laying the papers mentioned at (a) above. Shri Shriprakash Jaiswal (Minister of State in the Ministry of Home Affairs) laid on the Table:- I. A copy (in English and Hindi) of the Ministry of Home Affairs Notification G.S.R. 25 (E), dated the 14th January, 2009, publishing the Indo-Tibetan Border Police Force, Animal Transport Cadre (Non- gazetted) Recruitment Second Amendment) Rules, 2009, under sub-section (3) of Section 154 of the Indo-Tibetan Border Police Force Act, 1992. II. A copy (in English and Hindi) of the Ministry of Home Affairs Notification G.S.R. 728 (E), dated the 11th October, 2008, publishing the Foreign Contribution (Regulation) Amendment Rules, 2008, under sub-section (3) of Section 30 of the Foreign Contribution (Regulation) Act, 1976. RAJYA SABHA III. A copy each (in English and Hindi) of the following Notifications of the Ministry of Home Affairs, under sub-section (3) of Section 141 of the Border Security Force Act, 1968:— (1 G.S.R. 255, dated the 1st December, ) 2007, publishing the Border Security Force (Tenure of Posting and Deputation) Amendment Rules, 2007, along with delay statement. (2 G.S.R. 208, dated the 6th December, ) 2008, publishing the Border Security Force Headquarters Group ‘A’ and ‘B’ posts, non-combatised Recruitment (Amendment) Rules, 2008. (3 G.S.R. 228, dated the 3rd November, ) 2007, publishing the Border Security Force, Air Wing Subedar (Storeman) Recruitment Rules, 2007, along with delay statement IV. A copy (in English and Hindi) of the Ministry of Home Affairs Notification G.S.R. 861 (E), dated the 17th December, 2008, publishing the Assam Rifles Rules, 2008, under Section 167 of the Assam Rifles Act, 2006 Shri Ashwani Kumar (Minister of State in the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry) laid on the Table a copy each (in English and Hindi) of the following papers:— (i)(aForty-ninth Annual Report and Accounts of ) the Indian Rubber Manufacturers’ Research Association (IRMRA), Thane, for the year 2007-2008, together with the Auditor’s Report on the Accounts. (bStatement by Government accepting the ) above Report. (cStatement giving reasons for the delay in ) laying the papers mentioned at (i) (a) above. (ii)(aAnnual Report and Accounts of the Quality ) Council of India (QCI), New Delhi, for the year 2007-2008, together with the Auditor’s Report on the Accounts. (bStatement by Government accepting the ) above Report. (cStatement giving reasons for the delay in ) laying the papers mentioned at (ii) (a) above. 18TH FEBRUARY, 2009 Shri (Minister of State in the Department of Commerce, Ministry of Commerce & Industry and Minister of State in the Ministry of Power) laid on the Table:- I. A copy (in English and Hindi) of the Ministry of Power Notification No. 02-11 (3)/05-BEE, dated the 25th November, 2008, , publishing the Bureau of Energy Efficiency (Advisory Committees) Regulations, 2008, under sub-section (1) of Section 59 of the Energy Conservation Act, 2001. II. A copy (in English and Hindi) of the Ministry of Power Notification No. L-7/145(160)/2008-CERC, dated the 20th January, 2009, publishing the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2009, under Section 179 of the Electricity Act, 2009. 12-02 p.m. 6. Report of the Committee on Ethics Dr. Karan Singh presented the Ninth Report (in English and Hindi) of the Committee on Ethics on the need to amend the definition of the term ‘dependent children’ in Explanation (v) to sub- section (5) of Section 75 A of the Representation of the People Act, 1951 in its application to Members under sub-rule 1(i) of Rule 3 of the Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004. 12-03 p.m. 7. Report of the Department Related Parliamentary Standing Committee on Health and Family Welfare Prof. P.J. Kurien presented the Thirty-fourth Report (in English and Hindi) of Department-related Parliamentary Standing Committee on Health and Family Welfare on the Functioning of the three Vaccine Producing PSUs, namely, the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL) Chennai.

8. Report of the Department Related Parliamentary Standing Committee on Human Resource Development Shri Janardan Dwivedi presented the Two Hundred and thirteenth Report (in English and Hindi) of the Department-related Parliamentary Standing Committee on Human Resource Development on ‘The Right of Children to Free and Compulsory Education Bill, 2008’. RAJYA SABHA 12-04 p.m. 9. Reports of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice Dr. E. M. Sudarsana Natchiappan presented a copy each of the following Reports (in English and Hindi) of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice:— (i) Thirty-third Report on the Representation of the People (Second Amendment) Bill, 2008; and (ii) Thirty-fourth Report on the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2008.

10. Reports of the Public Accounts Committee Dr. K. Malaisamy laid on the Table a copy each (in English and Hindi) of the following Reports of the Public Accounts Committee (2008-2009):— (i) Eighty-first Report of PAC (Fourteenth ) on “Operation and Maintenance of an Aircraft Fleet in the Indian Air Force”; and (ii) Eighty-second Report on Action Taken on Seventy-second Report of PAC (Fourteenth Lok Sabha) on “Pradhan Mantri Gram Sadak Yojana”. 12-05 p.m. 11. Report of the Committee on Public Undertakings Shri R.K. Dhawan laid on the Table a copy (in English and Hindi) of the Thirty-fifth Report of the Committee on Public Undertakings on “Food Corporation of India” based on Audit Para 7.1.1 of Chapter VII of Report No.CA 11 of 2008.

12. Statement of the Committee on Public Undertakings Shri R. K. Dhawan laid on the Table a copy (in English and Hindi) of the Action Taken Statement of the Committee on Public Undertakings showing the Action Taken by the Government on the recommendations contained in Chapter I of Twenty-fourth Action Taken Report on “Special Contingency Policies on mobile handsets by Insurance Companies”. 18TH FEBRUARY, 2009

12-06 p.m. 13. Report of the Committee on the Welfare of Scheduled Castes and Scheduled Tribes Shri Thomas Sangma laid on the Table a copy (in English and Hindi) of the Thirty-sixth Report of the Committee on the Welfare of Scheduled Castes and Scheduled Tribes on “National Commission for the Scheduled Castes (NCSC) – its mandate and achievements – A review of its organization and working”.

14. Report of the Department Related Parliamentary Standing Committee on Agriculture Prof. M. S. Swaminathan laid on the Table a copy (in English and Hindi) of the Fourty-sixth Report of the Department-related Parliamentary Standing Committee on Agriculture on “The Pesticides Management Bill, 2008”. 12-07 p.m. 15. Report of the Committee on Empowerment of Women Shri Ambeth Rajan laid on the Table a copy (in English and Hindi) of the Twenty-second Report (Fourteenth Lok Sabha) of the Committee on Empowerment of Women (2008-2009) on the subject “Working Conditions of Women in Prasar Bharati”.

16. Statements of the Department Related Parliamentary Standing Committee on Information Technology Shri Gireesh Kumar Sanghi laid on the Table a copy each (in English and Hindi) of the following Statements of the Department-related Parliamentary Standing Committee on Information Technology:— (i) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the First Action Taken Report (Thirteenth Lok Sabha) on “Demands for Grants (1998-1999)” of the Ministry of Information and Broadcasting; RAJYA SABHA (ii) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Second Action Taken Report (Thirteenth Lok Sabha) on ‘Demands for Grants (1999-2000)’ of the Ministry of Information and Broadcasting; (iii) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Thirtieth Action Taken Report (Thirteenth Lok Sabha) on “Demands for Grants (2001-2002)” relating the Ministry of Information and Broadcasting; (iv) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Sixty-third Action Taken Report (Thirteenth Lok Sabha) on “Demands for Grants (2003-2004)” of the Ministry of Information and Broadcasting; (v) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Sixtieth Action Taken Report (Fourteenth Lok Sabha) on “The Role of Prasar Bharati and its future status” relating to the Ministry of Information and Broadcasting; (vi) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Fifth Action Taken Report (Thirteenth Lok Sabha) on “Recommendations of Telecom Regulatory Authority of India regarding increase in Telephone Tariff of Basic Telecom Services” relating to the Ministry of Communications and Information Technology (Department of Telecommunications); (vii) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Fifty-third Action Taken Report (Thirteenth Lok Sabha) on “Functioning of Telecom Regulatory Authority of India (TRAI)” relating to the Ministry of Communications and Information Technology (Department of Telecommunications); 18TH FEBRUARY, 2009 (viii) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Fifty-fourth Action Taken Report (Thirteenth Lok Sabha) on “Complaints/Grievances Redressal machinery in DoT/BSNL/MTNL” relating to the Ministry of Communications and Information Technology (Department of Telecommunications); (ix) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Thirty-fifth Action Taken Report (Fourteenth Lok Sabha) on “Limited Mobility through WLL for fixed Service Providers” relating to the Ministry of Communications and Information Technology (Department of Telecommunications); (x) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Fifty-second Action Taken Report (Fourteenth Lok Sabha) on ‘Demands for Grants (2007-2008)’ of the Ministry of Communications and Information Technology (Department of Telecommunications); (xi) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Forty-fourth Action Taken Report (Thirteenth Lok Sabha) on “Demands for Grants (2002-2003)” of the Ministry of Communications and Information Technology (Department of Posts); (xii) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Twelfth Action Taken Report (Fourteenth Lok Sabha) on “Demands for Grants (2004-2005)” of the Ministry of Communications and Information Technology (Department of Posts); (xiii) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Fifty-third Action Taken Report (Fourteenth Lok Sabha) on “Demands for Grants (2007-2008)” of the Ministry of Communications and Information Technology (Department of Posts); RAJYA SABHA (xiv) Statement showing Action Taken by the Government on the Recommendations contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Fifty-ninth Action Taken Report (Fourteenth Lok Sabha) on “Real Estate Management in the Department of Posts” relating to the Ministry of Communications and Information Technology (Department of Posts); and (xv) Statement showing Action Taken by the Government on the Recommendation contained in Chapter I and Final Replies to the Recommendations contained in Chapter V of the Thirty-seventh Action Taken Report (Fourteenth Lok Sabha) on “Implementation of e-Governance Projects” relating to the Ministry of Communications and Information Technology (Department of Information Technology).

17. Report of the Department Related Parliamentary Standing Committee on Energy Shri Veer Pal Singh Yadav laid on the Table a copy (in English and Hindi) of the Thirty-first Report (Fourteenth Lok Sabha) of the Standing Committee on Energy on “Implementation of Grameen Vidyutikaran Yojana (RGGVY)”. 12-08 p.m. 18. Statement by Minister Shri Kapil Sibal, Minister of Science and Technology and Minister of Earth Sciences, laid on the Table a statement (in English and Hindi) on the status of implementation of recommendations contained in the One Hundred Ninety-seventh Report of the Department-related Parliamentary Standing Committee on Science and Technology, Environment and Forests. 18TH FEBRUARY, 2009 &12-15 p.m. 19. Motion of Thanks on the President’s Address Further Discussion on the following Motion moved by Shri on the 17th February, 2009, and amendments moved thereto:— “That an Address be presented to the President in the following terms:— ‘That the Members of the Rajya Sabha assembled in this Session are deeply grateful to the President for the Address which she has been pleased to deliver to both Houses of Parliament assembled together on February 12, 2009.’ “

The following Members took part in the discussion on the Motion and the Amendments moved thereto:—

12-15 p.m. 1. Dr. Janardhan Waghmare 12-20 p.m. 2. Shri Tiruchi Siva 12-29 p.m. 3. Shri B.S. Gnanadesikan 12-48 p.m. 4. Shri Arun Jaitley 1-26 p.m. 5. Shrimati Brinda Karat

& From 12-09 p.m. to 12-15 p.m. some points were raised. ! Spoke in Urdu. ^ Spoke in Hindi. !1-47 p.m. 6. Dr. Ejaz Ali 1-58 p.m. 7. Shri Silvius Condpan ^%2-05 p.m. 8. Shri Bhagat Singh Koshyari 2-20 p.m. 9. Dr. Barun Mukherji 2-29 p.m. 10. Dr. E.M. Sudarsana Natchiappan 2-52 p.m. 11. Dr. Bimal Jalan 3-00 p.m. 12. Shri Arjun Kumar Sengupta 3-14 p.m. 13. Shri D. Raja 3-33 p.m. 14. Sardar Tarlochan Singh 3-44 p.m. 15. Shri Birendra Prasad Baishya 3-57 p.m. 16. Shri Rahul Bajaj 4-05 p.m. 17. Shri Y.P. Trivedi 4-10 p.m. 18. Shri Kumar Deepak Das RAJYA SABHA

^4-17 p.m. 19. Shri Rajniti Prasad 4-24 p.m. 20. Shri Bharatkumar Raut ^4-31 p.m. 21. Shri Biswajit Daimary !4-37 p.m. 22. Shri Ahmad Saeed Malihabadi ^4-47 p.m. 23. Shri Prabhat Jha 4-59 p.m. 24. Dr. Radhakant Nayak 5-06 p.m. Shri Pranab Mukherjee, Minister of External Affairs and Minister of Finance, replied to the debate. 6-21 p.m.

% From 2-00 p.m. to 2-01 p.m. see item no. 20 and From 2-01 p.m. to 2-05 p.m. Shri Silvius Condpan continued his speech. All the Amendments moved were either negatived or withdrawn by the leave of the House. Thereafter, the Motion of Thanks was adopted. 20. Supplementary Demands for Grants (General) 2008-2009 Shri , Minister of State in the Ministry of Finance and Minister of State in the Ministry of Parliamentary Affairs, laid on the Table a statement (in English and Hindi) showing the third batch of the Supplementary Demands for Grants (General) for the year 2008-09. 6-22 p.m. 21. Statement by Minister Shri Pranab Mukherjee, Minister of External Affairs and Minister of Finance, made a statement on "Situation in Sri Lanka". 6-40 p.m. 22. Government Bill — Passed The Carriage by Air (Amendment) Bill, 2008, as passed by Lok Sabha Shri (Minister of State of the Ministry of Civil Aviation) moved:- “That the Bill further to amend the Carriage by Air Act, 1972, as passed by Lok Sabha, be taken into consideration” ______^ Spoke in Hindi. ! Spoke in Urdu. 18TH FEBRUARY, 2009

The following Members took part in the discussion:— 6-44 p.m. 1. Shri Rajiv Pratap Rudy 6-53 p.m. 2. Shri S.S. Ahluwalia 6-55 p.m. Shri Praful Patel replied to the debate. 7-01 p.m. The motion for consideration of the Bill was adopted. Clauses 2 to 10 were adopted. Clause 1, as amended, was adopted. The Enacting Formula, as amended, was adopted. The Title was adopted.

7-03 p.m. The motion moved by Shri Praful Patel that the Bill, as amended, be passed was adopted and the Bill, as amended, was passed.

(The House adjourned at 7-04 p.m. till 11-00 a.m. on Thursday, the 19th February, 2009)