LOK SABHA ___
SYNOPSIS OF DEBATES (Proceedings other than Questions & Answers) ______
Monday, August 11, 2014 / Shravana 20, 1936 (Saka) ______
CALLING ATTENTION
Re: The decision to discontinue Kausar Nag Yatra in South Kashmir
which will impede the plans to rehabilitate Kashmiri Pandits.
SHRIMATI KAVITHA KALVAKUNTLA called the attention of the
Minister of Home Affairs to the decision to discontinue Kausar Nag Yatra in South
Kashmir which will impede the plans to rehabilitate Kashmiri Pandits.
THE MINISTER OF HOME AFFAIRS (SHRI RAJNATH SINGH): A concern has been raised from different quarters about adverse impact of discontinuing the Kausar Nag Yatra on the plan for the rehabilitation of Kashmiri
Pandits.
At the outset, the Government of India would like to reiterate its stand that it is committed to rehabilitate and facilitate the return of Kashmiri Pandits who migrated to Jammu and different parts of the country in the early 1990s back to the
Kashmir Valley. In this context, the Government will further like to clarify that there is no linkage between the participation of Kashmiri Pandits in Kausar Nag
Yatra with their rehabilitation.
Kausar Nag is a lake, located at a high altitude of about 12,000 feet in the Pir
Panjal range in the Kulgam District, in the Southern part of Kashmir Valley. It is believed among the Hindus of the State of Jammu and Kashmir, that the stream of the lake has emanated from the feet of Lord Vishnu and its water contains medicinal value. Traditionally, prior to 1989, before the onset of militancy, the devotees used to visit this place in an unorganized manner for performing their
Puja on the day of Nag Panchmi in the Shravan month of Hindu calendar. They would take the route from Reasi via Gul Gulab Garh on foot. It was not a traditional Yatra but an event to perform only Puja. The Puja, however, got disrupted with the eruption of militancy. The Puja at Kausar Nag was, however, resumed by the devotees a few years back following improvement in the overall security scenario through its traditional route, i.e. Gul Gulab Garh via Reasi with its base camp at Village Chassana, Tehsil Chassana in the District Reasi of Jammu region.
The State Administration has been making the security arrangements for the pilgrims coming from the Reasi side of the Jammu region to Kausar Nag in
Kulgam District. This year also, a batch of 150 devotees who came from the traditional Reasi route performed their Puja at Kausar Nag on 1st August, 2014 and returned on the same date. The controversy, however, erupted this year over the six day long event (28th July – 02nd August) between the Valley side separatists against the Kashmiri Pandit organizations.
While the pilgrimage was on from the traditional route via the Reasi side,
Shri Vinod Pandita, Chairman, All-Party Migrant Coordination Committee leading another group, made a request to the DC, Kulgam for performing the Yatra via the non-traditional route from the Valley side. The Army and other Government officials were instructed by the DC, Kulgam to facilitate a parallel Yatra from the
Valley side of Kulgam district. Meanwhile, on the appeal of the Separatists, about
200 locals of Kulgam tried to march towards Kausar Nag on July 31, for building a mosque at Kangwatu, near Kausar Nag. This attempt was, however, thwarted by the security forces. In view of the tension building up between the groups trying to reach Kausar Nag from the Valley side and the locals under the banner of “Save
Kausar Nag Front”, Shri Vinod Pandita and his group was disallowed to undertake the parallel Yatra from the Valley side of Kulgam. He was advised to join the group which had gone from the Reasi side of the Jammu region. This offer, however, was turned down by Shri Vinod Pandita.
The above said event, however, has led to a major controversy between the
Jammu based groups and Kashmiri Migrant Committee on the one side which gave hype to a low key event of a group of pilgrims performed Puja on the day of Nag Panchami and on the other side, the Valley-based separatists, and the mainstream political parties which called the event, a well-planned conspiracy and project the event as having an adverse environmental impact on the Kausar Nag area. A few prominent leaders of the State expressed that the issue was neither communal nor ecological but politically motivated in order to create a 2008 agitations-like situation where one community was pitted against another and made the issue as
Jammu region Vs. Kashmir.
As per the report, the main body of Yatris who went from the traditional route, Jammu were facilitated by the State Government for undertaking the journey and they performed Puja on the day of Nag Panchami. The other small group of
Yatris who wanted to reach the lake via the non-traditional route from the Valley side of Kulgam were denied permission by the District Administration on account of law and order considerations. The issue, for the time being, has subsided.
As far as the Government’s plan for the return and rehabilitation of the
Kashmir migrants to the Kashmir Valley is concerned, it will not be affected by the recent incident of `Kausar Nag’. The Government has announced various packages, from time to time for the Kashmir migrants. At present, the Prime
Minister’s Package amount of Rs.1,618.40 crore announced in 2008 is being implemented. The Package provides for financial assistance for purchase or construction or repair of houses in the Valley, construction of transit accommodations in the Valley, scholarship to the students, Government jobs to the migrant youth, assistance for self-employment, assistance for agriculture and horticulture, waive of interest on unpaid loan, etc.
The review of the rehabilitation plans and packages announced for the return of Kashmiri migrants is a continuous process. A revised proposal with financial implication of Rs.5,820 crore has since been received from the State Government.
The proposal envisages upward revision of the scale of most of the items of the existing PM package of 2008.
Our Government in the Union Budget 2014-15 present on 10th July, 2014 in
Lok Sabha has earmarked Rs.500 crore for the rehabilitation and return of
Kashmiri migrants. In view of the past experience, it has been felt that the new package for return and rehabilitation of the Kashmir migrants should be carefully finalised in consultation with the State Government and representatives of the migrants. Our Government has already started the process for drawing the contours of the scheme.
Responding to the points raised by Shrimati Kavitha Kalvakuntla, Shri
L.K. Advani, Shri Anurag Singh Thakur, Shri Sanjay Jaiswal and Shri
Bhartruhari Mahtab, the Minister further stated: As far as the Kousar Nag
Yatra is concerned, I would like clarify that, in the past, the Kashmiri Pandits of the Kashmir Valley used to visit Kousar Nag for performing puja through Kulgam. But, since 2010, after their migration from Kashmir Valley to Jammu, they have started taking the route from Reasi to visit Kousar Nag. They have got permission for the pilgrimage this year also, but, because of some unavoidable circumstances, the district administration withdrew the permission. But a majority of the pilgrims, who wished to visit Kousar Nag, reached there and performed their religious rituals. After August 1, some separatist forces had raised their voice against
Kulgam route of the Yatra but the local administration had successfully nipped the opposition into the bud.
As far as the return and rehabilitation of the Kashmiri Pandits is concerned, I wish to add that, for us, this is not a political issue rather it is an issue of national importance. This issue must not be looked through the prism of caste, sect, and religion. It must be seen through the prism of justice and humanity. This issue has a bearing upon the self-respect and pride of our country. Our Government, in the
Union Budget 2014-15, has allocated Rs. 500 crore for the rehabilitation and return of Kashmiri Pandits. The rehabilitation of the Kashmiri Pandits is a well thought out commitment of our Government. I would like to say that the
Parliament should unanimously pass a resolution that we shall not allow to cease our efforts unless we rehabilitate the every citizen of this country who has been forced to live the life of a refugee in his own country.
SUBMISSION BY MEMBERS
Re: A circular reportedly issued by Ministry of Home Affairs prescribing
certain norms to be followed by the State Government in relation to powers
and functioning of the Governor under the Andhra Pradesh State
Reorganisation Act.
THE MINISTER OF HOME AFFAIRS (SHRI RAJNATH SINGH) responding to the issue raised by several Hon. Members, said: So far as the Centre
State relations are concerned, our Government understand the sensitivity of this issue. It will be endeavour of the Government that there should not be any bitterness between the relations of the Union Government and the State
Governments. It is the commitment of our Government to keep intact the rights of the States. In no case, there should be any question mark on it. Andhra Pradesh
Reorganisation Bill was prepared by the UPA. Under one provision, an advisory has been issued there. The provisions of the Act have not been violated at all.
MATTERS UNDER RULE 377
(i) Need to develop Soron, a place of religious importance in Kasganj
under Etah Parliamentary Constituency, Uttar Pradesh as a tourist
place and undertake beautification of the area. SHRI RAJVEER SINGH: Soron which is also known as Suker Kshetra, falls in district Kasganj of my Parliamentary Constituency, Etah. There is a large temple dedicated to the Lord Varah at Soron. A large number of people visit daily to have glimpse of the Lord. I demand the Government that this region should be recognized as a place of tourist importance and required funds should be allocated for the development and beautification of this area.
(ii) Need to improve medical facilities in rural areas of the country
particularly in Jalore Parliamentary Constituency, Rajasthan.
SHRI DEVJI M. PATEL: At about 2/3rd of our population live in the village whereas just 1/3rd medical facilities are available in the rural areas of the country. The necessary lab kits are not available in the villages. There is a shortage of trained medical attendants in these areas. The entire medical infrastructure is in such pathetic condition that the doctors cannot provide medical services seamlessly. There is an acute shortage of doctors in the rural as well as urban areas in my Parliamentary Constituency, Jalore Sirohi. There is a shortage of specialists in Sayla Siyana Jaswanpura and Hadecha of Jalore district also. I, therefore, demand that the Government should enhance the allocation towards health and improve the public health facilities. (iii) Need to provide a rail link between Varanasi and Gorakhpur via
Azamgarh.
SHRIMATI NEELAM SONKER: It takes around 6 hours to cover the total road distance of 220 kms from Varanasi to Gorakhpur via Azamgarh. If rail link facility is provided on this route, the total distance will be 130 kms and it will take around 2 to 2 1/2 hours to cover the distance. It will also have a salutary effect on the prosperity, development and employment situation in the backward region of Purvanchal.
(iv) Need to provide funds for construction of railway line between
Barwadih (Jharkhand) and Chirimiri (Chhattisgarh).
SHRI SUNIL KUMAR SINGH: In the pre-independence era, a proposal was made to build a rail line from Barwadih to Chirimiri in Chatra Parliamentary
Constituency. The land has also been acquired for this purpose and some construction work has also been undertaken. I, therefore, demand that the
Government should provide funds for construction of this proposed railway line between Barwadih and Chirimiri and undertake the construction work in a time frame manner.
(v) Need to permit operation of stone crushers in Yamunanagar district of
Haryana.
SHRI RATTAN LAL KATARIA: I would like to draw the attention of the
Government to the stone crushers in Khijarabad area in district, Yamunanagar of my Parliamentary Constituency, Ambala. Thousands of people had set up these stone crushers by investing hundreds of crore of rupees. But the Government of
Haryana closed them down by citing a number of reasons including environment and it has created a serious problem of livelihood before them. I demand the
Government to allow the mining in the State in observance of all the mining and environmental rules so that the road construction and housing sectors speed up, employment could be provided to the unemployed people and the businessmen who had invested in this field do not lose their capital.
(vi) Need to revive the unit of Cement Corporation of India located in
Neemuch, Madhya Pradesh.
SHRI SUDHEER GUPTA: The plant of Cement Corporation of India at
Nayagaon in district Neemuch of Madhya Pradesh is lying closed. The plant had engaged 800 permanent employees and 2500 contractual employees. There are residential colony, hospital, banks, school building, training centre and research centre for the employees near the plant. Because of the mismanagement of the employees of the Cement Corporation of India, this plant has been closed down since 1996. I request the Government to revive this plant smoothly.
(vii) Need to make it mandatory for doctors to write medical prescription
in capital letters to obviate the possibility of misreading by medical
stores.
SHRI RAJENDRA AGARWAL: The prescription given by the doctors to the patients is generally illegible and confusing. The staff of medical store is not so qualified to get it due to which there is always a possibility of giving another medicine to the patient instead of the medicine prescribed by the doctor.
Sometimes, its consequences are fatal. Instead of subsiding ailment gets aggravated. I, therefore, request the government that it should be made mandatory for doctors to write prescription in capital letters and the potency of medicines should be written in words instead of decimal point and number.
(viii) Need to undertake proper maintenance of Farraka Barrage Project in
West Bengal.
SHRI ADHIR RANJAN CHOWDHURY: The purpose of constructing the Farraka Barrage project was to regulate the water with an aim to feeding the river Bhagirathi for supplying adequate quantum of water to Kolkata port. The maintenance of Farraka Barrage project is utterly poor, most of the lock gates do not function as a result of which the very purpose of the barrage is being defeated.
I urge upon the Government to take appropriate measures at the earliest.
(ix) Need to open a Sainik School in Chamarajanagar district, Karnataka.
SHRI R. DHRUVANARAYANA: Chamarajanagar district is one of the most backward districts in Karnataka State. The opening of one more Sainik
School in Chamarajanagar district could help the children of backward areas to get better education facilities at their doorstep. I earnestly appeal the Government to take necessary steps to sanction and open a Sainik School in Chamarajanagar district for the benefit of rural children at the earliest.
(x) Need to expedite operation of cargo services at Madurai Airport,
Tamil Nadu and take measures for further development of the Airport.
SHRI R. GOPALAKRISHNAN: Fulfilling infrastructure need of Madurai city can be done by developing Madurai Airport. All clearances for international cargo operations except custom clearance at Madurai were given but the cargo operations are yet to be started. I urge upon the Government to expedite operation of cargo services and to take up necessary steps for further development of
Madurai Airport in the public interest. (xi) Need to undertake survey and construction of Arambag-Burdwan new
railway line in West Bengal.
SHRIMATI APARUPA PODDAR: There has be constant demand for rail link from commuters and vendors regarding a new railway line from Arambag to
Burdwan covering two districts of Hooghly and Burdwan. I urge upon the
Government to immediately undertake survey and construction of Arambag-
Burdwan new link line.
(xii) Need to expedite setting up of branches of scheduled commercial
bansk in villages in Odisha having no banking facilities.
SHRI BHARTRUHARI MAHTAB: Odisha had about 48,000 unbanked villages on 1st April, 2012. According to the Reserve Bank of India guidelines, 5 per cent of these unbanked villages were to be covered by brick and mortar branches within a period of three years. As many as 4620 Gram Panchayats of the
State are unbanked. Each unbanked Gram Panchayat needs to be covered by a brick and mortar branch of a scheduled commercial bank within the Twelfth Five
Year Plan Period. I urge upon the Government to issue suitable instructions in this regard which will help in their meaningful financial inclusion.
(xiii) Need to improve the BSNL telephone and broadband service in
Buldhana Parliamentary Constituency, Maharashtra.
SHRI PRATAPRAO JADHAV: In my Parliamentary Constituency,
Buldhana, Maharashtra, several thousand of BSNL telephone and broadband connections are not functioning because the necessary material for them are not available there. All the developmental work of telecommunications are held up. I request the Government to issue directives to streamline the telecommunications system in my Parliamentary Constituency, Buldhana.
(xiv) Need to extend the period of special category status of Andhra
Pradesh and take further steps for its development.
SHRI JAYADEV GALLA: After reorganization, the residuary state of
Andhra Pradesh stands at a disadvantageous position not only because of
Hyderabad being given to Telangana but also due to various other reasons. To overcome disadvantages , the Union Government decided on 1-3-2014 to accord special category status to Andhra Pradesh for five years. I request the Government to take steps immediately so that Andhra Pradesh could come out of Rs. 16000 crore deficit and develop industrially. (xv) Need to include Palakkad district in Kerala under Backward Region
Grants Fund programme and modify the criteria for eligibility under
the programme.
SHRI P.K. BIJU: Palakkad and Wayanad were the two districts in Kerala that were selected for assistance for the Backward Region Grants Fund initially.
As per the restructured criteria of BRGF, Wayanad is considered a core district while Palakkad comes under the peripheral category with only five Gram
Panchayats bordering Tamil Nadu gaining eligibility for BRGF assistance. The rest of the region in Palakkad district is no longer considered for BRGF assistance.
I urge upon the Government to have a relook at its decision to exclude Palakkad and modify the criteria for eligibility for BRGF in order to have a wider coverage.
(xvi) Need to provide jobs to local youth in Rajasthan Atomic Power
Project in Chittorgarh Parliamentary Constituency and also
undertake development of the region under Corporate Social
Responsibility Programme.
SHRI CHANDRA PRAKASH JOSHI: There is the Rajasthan Atomic
Power Station of the Nuclear Power Corporation of India Limited (NPCIL) in my
Parliamentary Constituency, Chittorgarh. At the time of foundation of this undertaking, an agreement was made that the local unemployed youths will be recruited for the posts of "C" and "D" categories through the local Employment
Exchange. But this agreement is being breached and the outsiders are being preferred in the matters of employment. I would like to request the Government to press the NPCIL to honour the agreement made and make the employment opportunities available to the local unemployed youths and also undertake development of the region under the Corporate Social Responsibility Programme.
(xvii) Need to convert National Highway No. 139 into four lane.
SHRI SUSHIL KUMAR SINGH: The National Highway No. 139 connects Patna, the capital of Bihar to Jharkhand and Chhattisgarh, district
Sarguja, Ambikapur, via Arval and Aurangabad (Bihar), Dawoodnagar and
Chhattarpur (Jharkhand). At present, the condition of this Highway is very poor. It is proposed to make this Highway into two lanes with the assistance of the World
Bank, but, the two laning of this Highway will not solve the problem. Keeping in view the importance of the National Highway No. 139, I request the Government to convert this Highway into four lane in the public interest.
THE RAILWAYS (AMENDMENT) BILL, 2014
THE MINISTER OF RAILWAYS (SHRI D.V. SADANANDA
GOWDA) moving the motion for consideration of the Bill said: I would like to bring a small amendment to the Railway (Amendment) Bill, 2014. In the
Railways, false claims are increasing manifold. Similarly, multiple claims are being filed under the current provisions of law for the same incident. I can give you small statistics in this regard. The number of claims during 1994-95 was around 136 but that has increased to 8157 during 2010-11. Compensation paid also has increased from Rs. 26 lakh to nearly Rs. 164 crore. This is happening because there is no clarity in the provisions of the Railways Act and hence, I have brought this amendment. Even the Claims Tribunal has observed several times that there should be some amendment to the rule so that there will be clarity and thus, false claims will be curtailed. I have seen many occasions where claims are filed and even decreed in more than one Tribunal for the same incident. There are several reasons mentioned in the Act for multiple claims to be filed under the current provisions of law for the same incident. One can file claim petition in three places. One petition can be filed in the place where the accident has taken place and the second is where he bought the ticket or pass and the third one is at the destination. A huge number of false claims is filed due to death which happens in some other place than in the railway platform or the vicinity of the Railways. But claims have been filed for the same. Claims are accepted under the provisions of untoward incident category. But the provisions of untoward incident category are not clear. Ninety-four per cent of the claims that have come under the ‘untoward incidents’ category are due to the accidental falling, which is a clear indication that there is a misuse of this provision. Lack of proper definition of ‘accidental falling’ has also contributed to false claims. So, to minimise all these things, we want to go for a small amendment. I seek an amendment to section 109 wherein I seek that the
Railways where the accident took place should be made as a party. If the Railways where the accident took place is made as a party, he will be aware of where all the claims have been filed. Through this amendment this multiplicity could be avoided. I seek an amendment to Section 123. The definition of ‘accidental falling’ needs to be made clear. Then only there will be clarity as far as these claims are concerned. For that I seek an amendment to Section 123 of the Act. For speedy disposal, I seek a small amendment to Section 124 of the Act. Certainly, I hope, these amendments will bring down the false and multiple claims. Certainly the Railways will benefit from that.
SHRI K.C. VENUGOPAL initiating said: This legislation has been brought here to amend the provisions of Section 109 and Section 123 of the
Railways Act, 1989. Under sub-clause 2 of clause C of Section 123 of the
Railways Act, 1989, the Government’s move to change the definition of the
‘untoward accident’ is quite objectionable. When a poor passenger is entraining or detraining, sometimes, he falls. While falling, his life is lost. Sometimes, he suffers severe injury. The Railway cannot withdraw from this type of a moral responsibility by calling that this is not due to the negligence of the Railways. I have no objection on the first amendment. But, I would request the hon. Minister to rethink about the second amendment as it is against the interest of the passengers. With regard to the safety of passengers. RoBs and under-passes are important for which 50 per cent expenditure is met by the State Government. The
State government of Kerala already informed The Government that 13 RoBs should be including in this year’s Budget. Out of the 13, not a single RoB has been included. There is a need for the interlocking system between manned level crossings. The amount sanctioned for the interlocking system is very much meagre. My humble request to the hon. Minister is that interlocking and manned level crossings should be given top priority and sufficient funds should be allotted for this purpose.
SHRI JAGDAMBIKA PAL: The Government has resolved to improve the railway system and mobilize resources for this purpose. If someone commits suicides, quite naturally, he would not be given any compensation. However, if a railway passenger is going somewhere and dies on account of an accident enroute and nobody is accompanying him, his or her dependent family members could hardly be able to prove that the accident was due to his or her negligence or otherwise. Putting the burden of proof on the victim is not proper as this would be very difficult. It is proper to bring down the number of claims. Multiplicity of claims could be checked by computerization and these could be cleared in a time bound manner. Ex-gratia payment should be standardized. The government intends to take care of both the interest of the passengers and that of the railways.
However, compensation must be provided for the claims of any loss in any railway accident.
SHRI V. PANNEERSELVAM: I have some reservations regarding the proposed amendments. The proposed amendment Bill says that the aggrieved or injured passengers or the near and dear ones of the lost, have to make application before the Claims Tribunal of the Railways where the incident occurred, in case of injury and loss. Though the Railway Minister may have the good intention to save money of the Railways through such amendment but passengers, who are already aggrieved, would undergo several untold miseries before they get compensation.
So, I request the Railway Minister to consider the genuine cases so that the claimants are not subjected to untold misery. The second provision in the Bill is that ‘accidental falling’ due to negligence and carelessness is sought to be excluded from payment of compensation. But I want to know from the hon. Minister what is the total amount of money that the Railways have paid as compensation during the last five years. When it is going to be very negligible money, why should he indulge himself in this big exercise of bringing in such an amendment to the Act?
This amount of compensation is just meagre when compared to the revenue being earned by the Railways. I feel that this is not a huge burden on the Railways. So the hon. Railway Minister should consider all these matters in all seriousness and rectify them.
SHRIMATI APARUPA PODDAR: The Bill adds a new section 124(B) to the Railway Act, 1989 to empower the Railways to deny compensation claims if it feels that the victim feel down from the train due to his own fault. But most of the passengers who dies due to accidental falling from train were economically poor people who could not avail reservation and travelled in ordinary second-class compartments. Hence, I propose that such cases should be considered sympathetically, and the proposed amendment should include this part of compensation process also. The proposed amendment should include the timeframe during which the claims of compensation should be settled by the
Railways. I propose that the Inquiry Committee to determine the case of negligence should include representative from the Railway User Committee. The rationale behind the amendment is that the Railways finds that 98 per cent of the accidents that reached the Claim Tribunals were the accidental falling. But I feel that the Bill is anti-poor people as it will badly affect the poor people. The compensation amount should be determined keeping in view the economic condition of the affected passengers. The Railways should ensure that all those people suffering from railway accidents are compensated adequately. SHRI TATHAGATA SATPATHY: Railway is an institution and the accident victims are individuals. So, the onus always lies on the institution to rectify things. Through this Bill, onus is being on the affected person or their family members to find out the jurisdiction of Railways responsible for the death.
Such amendment is going to create more problem for the people. So, I suggest to the hon. Minister that he should consider that when somebody is filing multiple claims-the incident is one, the accident is singular, the person affected is either one person dead or injured- it is the bounden duty of the institution to collect all the applications, no matter where, bring them together to the Claims Tribunal and make one Railway Administrative Authority responsible. That onus lies on the
Railways. The Railways should also evolve a mechanism whereby if somebody dies, an immediate ex gratia payment is made available within 24 hours for a poor family to carry out the last rites of the deceased person. Regarding accidental injury, I want to say that our Railways are extremely old fashioned. Simple by having automatic door closing systems, we could avoid many accidents. We should also not give all the powers to the Railway authorities.
DR. SHRIKANT EKNATH SHINDE: I would like to draw the attention of the Railway Minister to the fact that many of the fatal accidents have been caused due to lower heights of the platforms or overcrowding. Besides, the local trains are overloaded four times their carrying capacity. Keeping this in view, the responsibility of accidents to a major extent also lies on the Railways and not alone the passengers. Inadequate facilities are another important reason for railway accidents. There are 13000 unmanned crossings across the country. Deaths at unmanned crossings are 39 per cent. The ROBs are the need of the hour.
Dangerous level crossings invite unwarranted accidents, which risk the life of commuters. These ROBs should be constructed here at the earliest. Despite the norms, even basic services like ambulance facilities are not available at many stations. It is true that an amendment is needed in view of certain people misusing the rules to their advantage and seeking benefits from more than one Railway
Departments. However, the Railways also need to pay close attention to follow their own norms of facilities to be made available at railway stations. I request the government to re-think on the Railway (Amendment) Bill which seeks to amend
Section 123 of the principal Act because you cannot gauge the Mumbai and the suburban local trains on similar grounds as of the Indian Railways as it will be an injustice to lakhs of commuters travelling trhough the Mumbai suburban local trains. So, I would request the hon. Railways Minister to exclude this clause from the Amendment Bill.
DR. RAVINDRA BABU: I belong to that region where people have not even seen the railway track so far. Our experience so far has been that whenever a
Minister comes from a particular State, in that particular State only the Railway develops and no other State gets any attention in the matter of railways. This has been amply made clear in the successive Railway Budgets. In this year’s Railway
Budget also, it was very clear. There are 29 projects in Andhra Pradesh and
Telangana which require Rs.20,000 crore, but the sanction is only of Rs.20 crore.
This itself shows how delay is in-built at the time of sanction of the Budget. I request the hon. Railway Minister to look into this matter. Please avoid such litigation prone sentences. I would also request the hon. Railway Minister to pay less attention to bullet trains which require Rs.900 crore per km whereas the ordinary train requires only Rs.9 crore per km. The Amendment gives only discretionary arbitrariness and bureaucratic vagaries to the Railway Ministry so that they can do away with paying compensation to the poor hapless passengers who are below poverty line.
DR. SANJAY JAISWAL: I fully support the Railway (Amendment) Bill,
2014. Passengers can file their claims in tribunals anywhere. Automated gates should be installed only then can you prevent such accidents. A new clause “d” has been added but I don’t know for what reason the last clause added this time has been positioned fourth place and at the fifth, second clause has been included. I request the hon. Minister to pay serious attention to railway crossings. In my constituency, in Gobarhi Rajghat, ten persons – an entire family on way to a marriage ceremony died at an unmanned level crossing. I request the hon. Minister to consider to pay compensation to them also. In my constituency there is
Sheetalpur Dhala where 11 Panchayats have been linked under the PMGSY road and an unmanned railway crossing has been made there. Under the PMGSY scheme it should be included that level crossing should always be manned otherwise the fault would be ours. In the Railway 2020 Vision, the aim is to do away with all unmanned level crossings. If a passenger dies during travel you should be liberal in such case. Most of the accidents occur when the passenger travels alone. Hence, the Government should take a humane approach in such cases. Railway is a social organization. Thus the hon. Minister must take a considerate view. I have full faith in him.
SHRI MD. BADARUDDOZA KHAN: I am sorry to say that I do not agree with the theory of multiple claims concerning railway accidents because with the advancement of science and technology, we are using computers. How multiple claims are possible? Therefore, this amendment is not necessary. Another thing which has to be taken serious note of is that you have inserted clause 124 (b).
There is no need of such clause. If clauses are inserted in this manner, I am sure no passenger or his family will get the compensation in any case especially in case of accidental falling from the passenger train. In the last 5 years, most of the
Railway Ministers used railway for their political purposes and cheap publicity.
They do not care about the safety and security. So many level crossing are there on national Highway 34 but no under bridges are there still now. In these death traps, so many lives have been lost till now. If you go to Murshidabad and Sealdah station in peak hours, you will see many local trains running with over-loaded passengers hanging in door-steps like bats. No sufficient trains are there. Is it their own carelessness? In some festival seasons throughout India, almost all trains become over-crowded and the passengers become susceptible to serious physical injury and even to death due to stampede. I suggest that the Bill may be examined by the Standing Committee.
SHRI MEKAPATI RAJA MOHAN REDDY: This amendment is brought to plug the loopholes in false claims. Hence, I welcome it. At the same time, genuine people should not be deprived of their claims. The Railways should give top priority for the safety of the passengers. There is a requirement to make track renewals at many places. The Railways should ensure that nobody takes inflammable materials. Many train accidents are occurring at unmanned level crossings. Recently, in Medak district, a school bus was hit by a passenger train where more than 20 innocent children were killed. The railways should install anti- collision devices to avoid train collisions. Since the Government is now welcoming the FDI, they can definitely take care of passenger safety, complete all the pending projects and make the railway passengers’ travel safe and comfortable.
I support this Bill. SHRI SANJAY DHOTRE: I rise to support this Bill. The hon. Railway
Minister has taken several important decisions. Automatic door closures should be installed. Unmanned level crossings should be closed. I feel the accident should not take place and if we develop such a system it will be better for the Railways and all the passengers. I feel one of the reasons for increasing accidents is due to financial constraints faced by the Railways. Jaipur-Ratlam gauge conversion was undertaken. Work was done on the Hyderabad to Akola stretch. Work on Akola-
Khandwa, Khandwa-Indore and Indore-Ratlam sections was sanctioned in 2008-
09. 60 per cent of the work between Ratlam-Khandwa section was done but the work on the Akola-Khandwa section is yet to begin. This was recommended by the Cabinet Committee on Economic Affairs. Its RoR is 25 per cent. I do not feel there is any other project in the country with a 25 per cent RoR. Had this line been completed, the distance between Jaipur-Secunderabad and Jaipur-Bengaluru, the constituency of the Minister of Railways, could have been shortened by 200 km. If such projects are completed these would contribute to bringing down the number of accidents.
SHRI DHARMENDRA YADAV: India is a welfare state. However, going through this Bill does not make one feel that this is a welfare Bill. My first request to you is not to make the passing of this Bill a prestige issue. It should be sent to the Standing Committee. If you take anti-poor decision to improve the finances of the Railways then we would oppose this Bill in the House and outside also. How will the deceased prove that accident was due to negligence or due to mistake on the part of the Railways? The amount of money you will spend in paying the lawyers, constituting commissions and setting up bodies to investigate such cases will be more than what you would have paid for compensation. And it is necessary to pay compensation. The intention of the Bill makes one feel that a person is losing his life for the sake of compensation. It is my appeal to you to take back this anti poor Bill. You can earn Rs.160 crore by imposing any tax. Uttar Pradesh
Government did so in case of farmers, on whose death no investigations are conducted. In case of any accident the farmer is paid Rs. 5 lakh by the Uttar
Pradesh Government whose funds are far meagre than yours.
SHRI KAUSHALENDRA KUMAR: All the hon. Members are of the view that this Bill must be withdrawn as this Bill is anti-poor. There is a halt at
Aungari dhaam. Five women were travelling in an auto rickshaw. When they reached at Aungari dhaam unmanned railway crossing, their auto collided with the train as a result of which all the five women were killed in the accident. Their families have not been given any compensation so far. I am of the view that this
Bill will deprive such poor and hapless people of any compensation. It is said that at times people claim compensation twice for the same accident. I would like to know from the Hon. Minister as to how many persons are there who have claimed the compensation twice. Moreover, there should be a mechanism to prevent such claims.
SHRI N.K. PREMCHANDRAN: If this Bill becomes an Act of
Parliament, then definitely not even a single passenger who falls from the train would get any compensation. So, my humble submission to the hon. Minister is that it should be sent to the Select Committee so as to have a detailed discussion on this issue. It is said that if there is an accidental falling while either entrain or detrain or standing near the door, he is not entitled to get the compensation. This is the intention of the Bill. Clause 124 (e) is to be amended. Also, the definition under section 123 is to be amended. If anyone meets with an accident by falling from the train, it is the legal liability of the Railway authorities to compensate them. The Government is going to deny them compensation by means of this amendment to this definition. There are only 80 seats in a compartment but you are giving tickets for 140 passengers, with the result, they are forced to stand near the door. Therefore, this definition of passenger cannot be accepted. As far as the question of burden of proof, the burden of proof lies on the shoulders of the poor ordinary passenger. It is for him or her to prove that he had taken abundant care and caution to travel in the train and that it was beyond his or her control that the accident had taken place. If such a case is proved before the court or the Tribunal, then only he or she is entitled to the compensation. This is a draconic legislation. This is anti-poor and anti-people. Therefore, I once again urge upon the
Government either to withdraw this Bill, or to send it to a Select Committee for further discussion.
SHRI SUKHBIR SINGH JAUNAPURIA: The people affected by train accidents should be given as much compensation as possible. I would like to thank the hon. Railway Minister for sanctioning doubling of the rail line from Jaipur to
Sawaimadhopur-Kota. Sawaimadhopur is a famous tourist place. A food court needs to be constructed at the Sawaimadhopur railway station in view of the large number of tourists visiting this place. I also demand that a new rail line should be constructed in Tonk. Gangapur is located in Sawaimadhopur district. Steam engines used to be manufactured there till 1986. There is a 250 bigha land and about 1500 quarters and a big workshop shed. Recently, the previous Government had sanctioned a workshop in Bhilwara but the way Land Acquisition Bill has come into force, it is very difficult to acquire land for the workshop as on date. I, therefore, request the Hon. Railway Minister to kindly sanction the above workshop in Gangapur instead of Bhilwara. The work on Dhaulpur-Gangapur rail line has been going on for the last 17 years. This needs to be completed as soon as possible. There is Vanasthali Vidyapeeth located in Tonk where about 12,000 girl students are studying. These girls come there for education from all across the country. They have to change three trains to reach their homes. One superfast train plies on the route. I request that a stoppage of this train should be provided at
Vanasthali Vidyapeeth. Jaipur is a tourist city where tourists from all over the world visit. There is heavy traffic on NH-8. I, therefore, request that a Bullet
Train should also be sanctioned for Jaipur as this city would be incomplete without the Bullet Train.
SHRI SHER SINGH GHUBAYA: A provision should be made in this Bill so that the passengers affected in train accidents get compensation easily. This aspect must be taken into consideration as there are several formalities to be completed for claiming the compensation which the poor or common man are unable to fulfill. The process of claiming compensation should be simplified.
Though there are several unmanned railway crossings in the country, there are densely populated areas like in Punjab where these unmanned crossings fall in the middle of the cities. At times, school buses, people, trucks and trolleys met with accidents at such crossings. Moreover, the victims do not get any compensation.
I, therefore, request that such crossings should be manned to prevent any accident.
There are no toilets in DMU trains. Hence, toilets should be provided in these trains. The DMU trains which plies from Ferozpur-Fazilka to Jalandhar has only two compartments. Two more compartments should be attached to this train to accommodate large number of passengers traveling in the train so as to provide them relief. All the districts in Punjab should be connected with Rajdhani and Shatabdi Trains. We do not have any Shatabdi Train either for Ferozpur or
Fazilka. We need an inter-city or a Shatabdi or an express train so as to connect us with the capital of the nation. All the stations which cater to a population of more than 10 or 20 thousand should have stoppage of all the trains passing through them.
Ferozpur is the biggest and oldest division. The number of ticket counters is very less. So, the number of ticket counters should be increased there.
ADV. JOICE GEORGE: I am also having some reservations about the definition of "falling from a train". I find there are so many ambiguities in section
124 (b). As far dependent of a passenger, it will create a lot of problems. As we all know, the dependents do not include all the legal heirs. All the legal heirs are not dependents of a person. If a person dies and nobody is dependent on him because of many reasons, other legal reasons, there will not be any compensation for the legal heirs also. So, it is a matter to be cleared. The power is given to the subordinate legislation for fixing the quantum of compensation. There should be some mechanism in this enact itself to fix the quantum of compensation. The other aspect is that the discretion given to the Tribunal has been taken away by this amendment. It is for the Executive to fix the quantum of compensation, and it is not at all fair or good for the interest of the poor persons who met with accident and lost their lives in the accident. Section 124(b) is a draconian enactment because here the burden of proof is on the persons who met with an accident or the poor to prove that the entire accident has occurred not because of his fault and it is the fault of the Railways. How can it be proved? I am of the opinion that this piece of legislation will go against the railway commuters.
DR. KIRIT SOMAIYA: There is a need to insert an accountability clause in the Bill in terms of taking action on the report submitted by the Railway Safety
Commission because what actually happens is that the inquiry report on rail accidents submitted by the Railway Safety Commission keeps on biting dust for years together without any effective outcome. The intention of the Bill is noble in so far as bogus and multiple claims should be done away with. I request the hon.
Minister to give further momentum to the process of preventive safety aspect and expedite the process of settlement of claims of the innocent victims of railway accidents.
SHRI SHAILESH KUMAR: The Bill brought in the House today should have been referred to the Standing Committee so as to have a detailed discussion on it place there. There is a need for further deliberation on this provision of the
Bill under which the Railway administration has been vested with unchecked power in terms of verifying the genuineness of the claim and the onus of proving his innocence that the accident has not taken place due to his own negligence has been shifted to the victim. There is a large number of poor persons who become victims of railway accidents and they have neither the will nor the resources to take on the railway administration or to undertake their treatment.
SHRI A.P. JITHENDER REDDY: Lakhs of railway commuters in our country have to jostle their way forward while undertaking their journey and it is almost impossible to identify as to whether the accident has taken place due to his own negligence or the railway department is responsible for it. Therefore, I request the hon. Minister to reconsider this Amendment Bill and bring it after adequate scrutiny of its provisions has been taken up.
SHRI PREM DAS RAI: There is a grey area in the application of the provision which seeks to fix responsibility of the train accidents There can be several cases where the accident does not fall in any of the categories. There is need to pay particular attention to the fact that claim settlement process is not torturous. The process needs to be modernized by taking the help of information technology so that it could be made paperless and the family members of the victims do not have to run from pillar to post for the settlement of their claims and even the people from remote and far-flung areas could get the benefit the Bill intends to provide them.
SHRI D.V. SADANANDA GOWDA replying said: The purpose of bringing this Amendment is to see that the Railways put an end to the unfair things that are being done. Practically, this Amendment pertains to the passengers travelling in the trains alone. These Sections and Amendments will apply only for those persons who are travelling in the trains. The definition only tries to make the definition of accidental falling more clear. The Railways will be responsible for the passengers falling while train is in station but the Railways cannot be held responsible for the passengers falling from a train when it is moving. When train is not in the station, these provisions will not apply. Hence, the definition only tries to avoid the claims of death when the train is moving. I do concede to the concerns of the friends from Mumbai that there are accidents in the suburban areas in Mumbai. I have said it in my Budget speech that raising of the height of the platforms and automatic door experiment will be taken care of. With regard to the
Judicial Members, the DPC has already been held and a suitable person will be selected. After receipt of the IB report, it will be sent to the ACC to consider their request and certainly, immediately a Judicial Member will be given to Mumbai as early as possible. I said that the whole purpose of these amendments is to curtail false claims and multiplicity of claims across the country. Even today the right of a passenger, who can file his claim application in three places, has not been taken away. No way, passengers’ rights are denied. So, the total amendment is brought to see that such malpractices in Railways claims Tribunal should not be done. This amendment is in the larger interest of the Railways. When the whole house feels that if certain confusions are there and that it needs to be sent to the Standing
Committee, then certainly I do concede to the request of my friends.
The Bill was not put to the vote of the House.
THE APPRENTICES (AMENDMENT) BILL, 2014
THE MINISTER OF MINES, MINISTER OF STEEL AND
MINISTER OF LABOUR AND EMPLOYMENT (SHRI NARENDRA
SINGH TOMAR) moving the motion for consideration of the Bill said: There was an increasing need being felt in the Government to bring about an amendment to the Apprentices (Amendment) Act, 1961 as we very well understand that there is an urgent need to augment skills in the country. Ever since the formation of the new government, this expectation has all the more risen in the country. There are several provisions in this Act which creates problems in this direction. Therefore, it was felt necessary to bring about amendment in this Act. I, through you, request all the hon. Members that this Amendment Bill is of critical importance from the point of view of youths in the country as well as from the point of view of skill augmentation.
The discussion was not concluded.
HALF-AN-HOUR DISCUSSION
Re: Rise in Prices of Milk
SHRI VIRENDRA SINGH: Milk is not a commercial food item only. It relates to our tradition and culture as well. When the items manufactured in factories get costlier, nobody knows about it. But when the farm produces become costlier, there is a hue and cry all over the country. A law should be enacted to ensure remunerative price of the farm produce which takes a lot of toil. Our country produces 37 crore liters of milk daily which cannot suffice for a population of 125 crore. We get insufficient buffalo milk because many countries consume buffalo meat. Our country exports buffalos for meat. It should be banned.
Commercialization has compelled our country to export meat. Milk prices have seen a spurt after economic liberalization. Cooperative institutions have collapsed and private companies have taken over them. They purchase milk from the farmers at Rs.20-25 per kg and sell it at Rs.40-50 per kg to the consumers. The farmers should get remunerative price of all farm produces including milk, grains, vegetables and fruits etc. We can increase milk production, we can export milk and can make it available to our people. But the farmers who produce milk should get remunerative price of milk, not support price or fair price.
THE MINISTER OF AGRICULTURE (SHRI RADHA MOHAN
SINGH) responding to the issue raised by Shri Virendra Singh and several other hon. Members, said: The first point of the discussion was decrease in both livestock and milk production. India ranks number one in the world in milk production since 1998. There is no decline in the number of milch animals as well.
Likewise, per capita availability of milk is increasing. Almost 50 per cent of our milk production is consumed in our homes. Approximately, 10 per cent of the production is made available to the urban consumers through cooperative institutions. Purchase price of milk is not fixed by the Government but the cooperatives. Besides, 28 per cent purchase is made by unorganized sector.
Private diary farmers should purchase the milk at the rate at which the cooperatives purchase. The Government of India provides technical and financial support to the states so that milk production and productivity is increased. A number of departmental schemes are being implemented during the 12th Plan period to increase milk production in the country. The Government is trying to set up a national breeding centre. The Government provides assistance at the block level through the State governments under Rashtriya Krishi Vikas Yojana. A provision of 25 per cent and 33 per cent subsidy has been made under Dairy
Entrepreneurship Scheme for general category and SC/ST categories respectively.
The Government considers milch animals the lifeline of the country and is committed to increase this strength. So far as the issue of adulterated and synthetic milk is concerned, I would like to say that it concerns the Food Safety and Standard Authority of India. The Government agrees that milk production should be increased further in the country and the Government has launched Rashtriya
Gokul Mission and sufficient funds have been allocated for the purpose.
The discussion was concluded.
P. K. GROVER, Secretary-General.
© 2014 BY LOK SABHA SECRETARIAT NOTE: It is the verbatim Debates of the Lok Sabha and not the Synopsis that should be considered authoritative.
English and Hindi versions of Synopsis of Debates are also available at http://loksabha.nic.in.