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Home , Ajay Sancheti, Anil Desai, Anil Madhav Dave, Bhupender Yadav, Jairam Ramesh, Mahendra Prasad

TUESDAY, THE 24TH APRIL, 2012 (The met in the Parliament House at 11-00 a.m.) 11-00 a.m.

1. Oath or Affirmation The following Members made and subscribed oath/affirmation and took their seats in the House :—

GUJARAT 1. Shri , Leader of the Opposition

ANDHRA PRADESH 2. Shrimati Renuka Chowdhury 3. Shri Konidala 4. Shri C. M. Ramesh 5. Shri Ananda Bhaskar Rapolu

BIHAR 6. Shri Ali Anwar Ansari 7. Dr. Mahendra Prasad 8. Shri 9. Shri 10. Prof. Anil Kumar Sahani 11. Shri

CHHATTISGARH 12. Shri Bhushanlal Jangde

GUJARAT 13. Shri Mansukh L. Mandaviya 14. Shri Praveen Rashtrapal 15. Shri Shankarbhai N. Vegad

HARYANA 16. Shri Shadi Lal Batra

HIMACHAL PRADESH 17. Shri Jagat Prakash Nadda

145 RAJYA SABHA

18. Shri 19. Shri K. Rahman Khan 20. Shri Basawaraj Patil 21. Shri Rangasayee Ramakrishna

MADHYA PRADESH

22. Shri Satyavrat Chaturvedi 23. Shri Thaawar Chand Gehlot 24. Dr. Najma A. Heptulla 25. Shri 26. Shri Kaptan Singh Solanki

MAHARASHTRA

27. Shrimati 28. Shri 29. Shri Vilasrao Dagadojirao Deshmukh 30. Shri 31. Shri 32. Shri D. P. Tripathi

ODISHA

33. Shri Rabinarayan Mohapatra 34. Shri A. V. Swamy 35. Shri Dilip Kumar Tirkey

RAJASTHAN

36. Shri 37. Shri

UTTARAKHAND

38. Shri Mahendra Singh Mahra

146 24TH APRIL, 2012

39. Shri Naresh Agrawal 40. Shri Munquad Ali 41. Shri Arvind Kumar 42. Shrimati Jaya Bachchan 43. Shri Vinay Katiyar 44. Shri Rasheed Masood 45. Km. Mayawati 46. Shri Kiranmay Nanda 47. Chaudhary Munabbar Saleem 48. Shri B. B. Tiwari 49. Shri Darshan Singh Yadav

WEST BENGAL 50. Shri Tapan Kumar Sen 11-50 a.m. 2. Welcome to new Members The Chairman welcomed the newly elected and re-elected Members. 11-51 a.m. 3. Obituary Reference The Chairman made a reference to the passing away of Shri N. K. P. Salve, ex-Member. The House observed silence, all Members standing, as a mark of respect to the memory of the departed.

11-56 a.m. 4. References by the Chair

(i) The Chairman made a reference to the successful test-firing of the nuclear capable, 5000 K.M. range surface-to-surface Inter-Continental Ballistic Missile AGNI-V from Wheeler Island off the coast on the 19th of April, 2012.

147 RAJYA SABHA 11-58 a.m. (ii) The Chairman also made a reference to the National Panchayati Raj Divas. 11-59 a.m. 5. Announcement regarding the Leader of the Opposition The Chairman made the following announcement:— ―I have to inform Members, that consequent upon his re-election to the Rajya Sabha with effect from the 3rd April, 2012, I have accorded recognition to Shri Arun Jaitley, Member and Leader of the Bharatiya in the Rajya Sabha, as the Leader of the Opposition in Rajya Sabha with effect from the 3rd April, 2012.‖

6. Panel of Vice-Chairmen The Chairman announced that the Panel of Vice-Chairmen has been re-constituted w.e.f. 19th April, 2012 with the following Members:— 1. Prof. P.J. Kurien; 2. Dr. E.M. Sudarsana Natchiappan; 3. Shri ; 4. Shri Prasanta Chatterjee; 5. Shri ; and 6. Dr. Mahendra Prasad. 7. Starred Questions Answers to Starred Question Nos. 261 to 280 were laid on the Table. 8. Unstarred Questions Answers to Unstarred Question Nos. 2016 to 2170 were laid on the Table.

12-00 Noon.

9. Papers Laid on the Table

Shri (Minister of Health and Family Welfare) laid on the Table:- I. A copy (in English and Hindi) of the Ministry of Health and Family Welfare (Department of Health) Notification No. G.S.R. 76 (E), dated the 8th February, 2012, publishing the Drugs and Cosmetics (2nd Amendment) Rules, 2012, under Section 38 of the Drugs and Cosmetics Act, 1940.

148 24TH APRIL, 2012

II. A copy each (in English and Hindi) of the following papers:— (i) (a) Annual Report and Accounts of the Lokopriya Gopinath Bordoloi Regional Institute of Mental Health, Tezpur, for the year 2010-11, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Institute. (c) Statement giving reasons for the delay in laying the papers mentioned at (i) (a) above. (ii) (a) Annual Report and Accounts of the National Academy of Medical Sciences (NAMS), , for the year 2010-11, together with the Auditor‘s Report on the Accounts. (b) Review by Government on the working of the above Academy. (c) Statement giving reasons for the delay in laying the papers mentioned at (ii) (a) above. (iii) (a) Annual Report and Accounts of the All Institute of Speech and Hearing (AIISH), Mysore, for the year 2010-11, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Institute. (c) Statement giving reasons for the delay in laying the papers mentioned at (iii) (a) above. Shri (Minister of Drinking Water and Sanitation and Minister of Rural Development) on behalf of Shri laid on the Table a copy each (in English and Hindi) of the following papers:— (i) Memorandum of Understanding between the (Ministry of Heavy Industries and Public Enterprises, Department of Heavy Industry) and the Scooters India Limited (SIL), for the year 2012-13. (ii) Memorandum of Understanding between the Government of India (Ministry of Heavy Industries & Public Enterprises, Department of Heavy Industry) and Tungabhadra Steel Products Limited (TSPL), for the year 2012-13.

149 RAJYA SABHA

(iii) Memorandum of Understanding between the Government of India (Ministry of Heavy Industries and Public Enterprises, Department of Heavy Industry) and the Triveni Structurals Limited (TSL), for the year 2012-13. (iv) Memorandum of Understanding between the Government of India (Ministry of Heavy Industries & Public Enterprises, Department of Heavy Industry) and the Andrew Yule Group, for the year 2012-13. Shri Jairam Ramesh (Minister of Drinking Water and Sanitation and Minister of Rural Development) laid on the Table a copy (in English and Hindi) of the Ministry of Rural Development (Department of Rural Development) Notification No. G.S.R. 27 (E), dated the 17th January, 2012, publishing the National Rural Employment Guarantee Fund (Amendment) Rules, 2011, under sub-section (1) of Section 33 of the National Rural Employment Guarantee Act, 2005. Shrimati (Minister of State (Independent Charge) of the Ministry of Environment and Forests) laid on the Table:- I.(1) A copy each (in English and Hindi) of the following papers, under sub-section (1) of Section 619 A of the Companies Act, 1956: — (i) (a) Thirty-seventh Annual Report and Accounts of the West Bengal Forest Development Corporation Limited (WBFDCL), Kolkata, for the year 2010-11, together with the Auditor's Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon. (b) Review by Government on the working of the above Corporation. (ii) (a) Thirty-fourth Annual Report and Accounts of Andaman & Nicobar Islands Forest & Plantation Development Corporation Limited, Port Blair, for the year 2010-11, together with the Auditor's Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon. (b) Review by Government on the working of the above Corporation. (2) Statements (in English and Hindi) giving reasons for the delay in laying the papers mentioned at (1) above.

150 24TH APRIL, 2012

II. A copy each (in English and Hindi) of the following papers:— (a) Annual Report and Accounts of the G.B. Pant Institute of Himalayan Environment and Development, Almora, Uttarakhand, for the year 2009-10, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Institute. (c) Statement giving reasons for the delay in laying the papers mentioned at (a) above. Shri (Minister of State in the Ministry of Finance) laid on the Table a copy (in English and Hindi) of the Ministry of Finance (Department of Financial Services) Notification No. 1/2010, dated the 6th January 2011, publishing the United Bank of India (Officers') Service (Amendment) Regulations, 2010, along with delay statement, under sub-section (4) of Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Shri Namo Narain Meena (Minister of State in the Ministry of Finance) on behalf of Shri S.S. Palanimanickam laid on the Table:- I. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under Section 159 of the Customs Act, 1962, along with Explanatory Memoranda:— th (1) S.O. 2684 (E), dated the 28 November, 2011, regarding exchange rate of conversion of foreign currency into Indian currency or vice-versa for the purpose of assessment of imported and exported goods. th (2) S.O. 2723 (E), dated the 30 November, 2011, amending Notification No. S.O. 748 (E), dated the 3rd August, 2001, to substitute certain entries in the original Notification. th (3) S.O. 2798 (E), dated the 15 December, 2011, amending Notification No. S.O. 748 (E), dated the 3rd August, 2001, to substitute certain entries in the original Notification. th (4) S.O. 2914 (E), dated the 28 December, 2011, regarding exchange rate of conversion of foreign currency into Indian currency or vice-versa for the purpose of assessment of imported and exported goods. th (5) S.O. 2926 (E), dated the 30 December, 2011, amending Notification No. S.O. 748 (E), dated the 3rd August, 2001, to substitute certain entries in the original Notification. 151 RAJYA SABHA (6) S.O. 69 (E), dated the 13th January, 2012, amending Notification No. S.O. 748 (E), dated the 3rd August, 2001, to substitute certain entries in the original Notification. (7) S.O. 72 (E), dated the 16th January, 2012, amending Notification No. S.O. 748 (E), dated the 3rd August, 2001, to insert certain entries in the original Notification. (8) S.O. 81 (E), dated the 17th January, 2012, amending Notification No. S.O. 748 (E), dated the 3rd August, 2001, to insert certain entries in the original Notification. (9) S.O. 189 (E), dated the 30th January, 2012, regarding exchange rate of conversion of foreign currency into Indian currency or vice-versa for the purpose of assessment of imported and exported goods. (10) S.O. 201 (E), dated the 31st January, 2012, amending Notification No. S.O. 748 (E), dated the 3rd August, 2001, to substitute certain entries in the original Notification. (11) S.O. 291 (E), dated the 15th February, 2012, amending Notification No. S.O. 748 (E), dated the 3rd August, 2001, to substitute certain entries in the original Notification. (12) G.S.R. 838 (E), dated the 25th November, 2011, publishing the Bill of Entry (Electronic Declaration) Regulations, 2011. (13) G.S.R. 839 (E), dated the 25th November, 2011, publishing the Shipping Bill (Electronic Declaration) Regulations, 2011. (14) G.S.R. 840 (E), dated the 25th November, 2011, publishing the Customs (Provisional Duty Assessment) Regulations, 2011. (15) G.S.R. 127 (E), dated the 9th March, 2012, amending Notification No. G.S.R. 674 (E), dated the 14th September, 2009, to substitute certain entries in the original Notification. (16) G.S.R. 774 (E), dated the 21st September, 2010, amending Notification No. G.S.R. 289 (E), dated the 28th April, 1999 to add certain entries in the original Notification.

152 24TH APRIL, 2012

II. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under sub-section (2) of section 38 of the Central Excise Act, 1944, along with Explanatory Memoranda:–– (1) G.S.R. 138 (E), dated the 12th March, 2012, publishing the CENVAT Credit (Second Amendment) Rules, 2012. (2) G.S.R. 139 (E), dated the 12th March, 2012, publishing the Central Excise (First Amendment) Rules, 2012. (3) G.S.R. 140 (E), dated the 12th March, 2012, specifying the procedure for imposition of restrictions and withdrawal of facilities from manufacturer, dealer or exporter prima facie involved in specified offences. (4) G.S.R. 916 (E), dated the 30th December, 2011, amending Notification No. G.S.R. 541 (E), dated the 18th July, 2011, to insert certain entries in the original Notification. (5) G.S.R. 917 (E), dated the 30th December, 2011, publishing the Central Excise (Fifth Amendment) Rules, 2011. (6) G.S.R. 918 (E), dated the 30th December, 2011, appointing Specified Custom Officers as Central Excise Officers in relation to Service Tax Refunds. (7) G.S.R. 100 (E), dated the 22nd February, 2012, amending Notification No. G.S.R. 572 (E), dated the 6th September, 2004, to substitute certain entries in the original Notification. (8) G.S.R. 142 (E), dated the 13 March, 2012, authorizing the Members (Central Excise), Central Board of Excise and Customs to impose restrictions and withdraw certain facilities from a manufacturer, dealer or exporter involved in specified offences. III. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under Section 296 of the Income Tax Act, 1961, along with Explanatory Memoranda:— (1) S.O. 2724 (E), dated the 1st December, 2011, publishing the Income-Tax (9th Amendment) Rules, 2011. (2) S.O. 5 (E), dated the 2nd January, 2012, publishing the Income- Tax (First Amendment) Rules, 2011. 153 RAJYA SABHA (3) S.O. 16 (E), dated the 4th January, 2012, publishing the Centralised Processing of Returns Scheme, 2011. (4) S.O. 17 (E), dated the 4th January, 2012, giving effect to the Centralised Processing of Returns Scheme, 2011. Shri S. Gandhiselvan (Minister of State in the Ministry of Health and Family Welfare) laid on the Table:- I. A copy (in English and Hindi) of the Ministry of Health and Family Welfare (Department of AYUSH) Notification No. G.S.R. 151 (E), dated the 15th March, 2012, publishing the Indian Medicine Central Council (Election) Amendment Rules, 2012, under Section 25 of the Indian Medicine Central Council Act, 1970. II. A copy each (in English and Hindi) of the following papers:— (i) (a) Annual Report of the Central Council for Research in Ayurveda and Siddha, New Delhi, for the year 2010-11. (b) Annual Accounts of the Central Council for Research in Ayurveda and Siddha, New Delhi, for the year 2010-11, and the Audit Report thereon. (c) Review by Government on the working of the above Council. (d) Statements giving reasons for the delay in laying the papers

mentioned at (i) (a) and (b) above. (ii) (a) Annual Report and Accounts of the Central Council for Research in Unani Medicine, New Delhi, for the year 2010-11, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Council. (c) Statement giving reasons for the delay in laying the papers

mentioned at (ii) (a) above. (iii) (a) Annual Report and Accounts of the Central Council for Research in Homoeopathy (CCRH), New Delhi, for the year 2010-11, together with the Auditor‘s Report on the Accounts. (b) Review by Government on the working of the above Council. (c) Statement giving reasons for delay in laying the paper mentioned at (iii) (a) above.

154 24TH APRIL, 2012

(iv) (a) Twentieth Annual Report and Accounts of the Rashtriya Ayurveda Vidyapeeth (RAV), New Delhi, for the year 2010-11, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Vidyapeeth. (c) Statement giving reasons for delay in laying the papers mentioned at (iv) (a) above. Shri R.P.N. Singh (Minister of State in the Ministry of Petroleum and Natural Gas and Minister of State in the Ministry of Corporate Affairs) laid on the Table:- I.(1) A copy each (in English and Hindi) of the following papers, under sub-clause (4) of Clause 26 of the Institute of Petroleum Technology Act, 2007:— (a) Annual Report and Accounts of the Rajiv Gandhi Institute of Petroleum Technology (RGIPT), Rae Bareli, for the year 2010-11, together with the Auditor's Report on the Accounts. (b) Review by the Government on the working of the above institute. (2) Statement (in English and Hindi) giving reasons for delay in the laying the papers mentioned at (1) above.

II. A copy each (in English and Hindi) of the following papers:— (i) Memorandum of Understanding between the Government of India (Ministry of Petroleum and Natural Gas) and Engineers India Limited (EIL), for the year 2012-13. (ii) Memorandum of Understanding between the Government of India (Ministry of Petroleum and Natural Gas) and M/s Biecco Lawrie Limited, for the year 2012-13. (iii) Memorandum of Understanding between the Government of India (Ministry of Petroleum and Natural Gas) and the Gas Authority of India Limited (GAIL), for the year 2012-13.

155 RAJYA SABHA Shri Namo Narain Meena (Minister of State in the Ministry of Finance) laid on the Table a copy each (in English and Hindi) of the following Reports, under clause (1) of article 151 of the Constitution:— (i) Report of the Comptroller and Auditor General of India (No.1 of 2011-12): Accounts of Union Government: Union Government Finance Accounts and Appropriation Accounts (Civil, Postal Services, Defence Services) for the year ended 2010-11; and (ii) Report of the Comptroller and Auditor General of India (No.27 of 2011-12): Union Government – Department of Revenue (Direct Taxes).

12-01 p.m.

10. Report of the Department-Related Parliamentary Standing Committee on External Affairs

Shri H. K. Dua laid on the Table, a copy (in English and Hindi) of the Twelfth Report of the Department-related Parliamentary Standing Committee on External Affairs on Action Taken by the Government on the recommendations contained in the Ninth Report (Fifteenth ) on ‗Demands for Grants (2011-12)‘ of the Ministry of Overseas Indian Affairs.

11. Reports of the Department-Related Parliamentary Standing Committee on Finance

Shri Satish Chandra Misra laid on the Table, a copy each (in English and Hindi) of the following Reports of the Department-related Parliamentary Standing Committee on Finance (2011-12):—

(i) Fifty-first Report on ‗Demands for Grants (2012-13)‘ of the Ministry of Finance (Departments of Economic Affairs, Expenditure, Financial Services and Disinvestment); (ii) Fifty-second Report on ‗Demands for Grants (2012-13)‘ of the Ministry of Finance (Department of Revenue); (iii) Fifty-third Report on ‗Demands for Grants (2012-13)‘ of the Ministry of Planning; (iv) Fifty-fourth Report on ‗Demands for Grants (2012-13)‘ of the Ministry of Statistics and Programme Implementation; and (v) Fifty-fifth Report on ‗Demands for Grants (2012-13)‘ of the Ministry of Corporate Affairs.

156 24TH APRIL, 2012 12-02 p.m.

12. Statement by Minister Shri Jairam Ramesh, Minister of Rural Development and Minister of Drinking Water and Sanitation, laid on the Table, a Statement (in English and Hindi) on the status of implementation of recommendations contained in the Twentieth Report of the Department-related Parliamentary Standing Committee on Rural Development, pertaining to the Demands for Grants (2011-12) of the Department of Rural Development, Ministry of Rural Development.

12-03 p.m. 13. Matters raised with permission ^1. Shri raised a matter regarding agitation by milk producing farmers.

12-08 p.m.

2. Dr. T. N. Seema raised a matter regarding advertisement of a cosmetic product allegedly demeaning and derogatory to women.

12-10 p.m. ^3. Shri Prabhat Jha raised a matter regarding Pak-occupied Kashmir being taught as Azad Kashmir in the text books of some Army Public Schools of Jammu and Kashmir. 12-13 p.m. 4. Shri raised a matter regarding reported statement by Additional Solicitor-General in the Supreme Court in relation to killing of two fishermen by Italian ship. Shri Rajeev Shukla, Minister of State in the Ministry of Parliamentary Affairs, responded. 12-20 p.m. 5. Shri D. Raja raised a matter regarding abduction of a Collector by Maoists in Chattisgarh.

Dr. V. Maitreyan also spoke.

^ Spoke in Hindi.  From 12-06 p.m. to 12-08 p.m. some points were raised.  From 12-17 p.m. to 12-20 p.m. some points were raised.

157 RAJYA SABHA 12-25 p.m.

14. Special Mentions

1. Dr. Gyan Prakash Pilania raised a matter regarding concern over increasing rate of infant and maternal mortality in the country.

12-27 p.m.

2. Shri Vijay Jawarharlal Darda raised a matter regarding need to take measures to remove the widening gap between estimated GDP and real GDP.

12-30 p.m.

^3. Shri Prabhat Jha raised a matter regarding need to take measures to provide medicines to the common man at low prices through Jan Aushadhi Kendras and P.D.S.

12-32 p.m. 15. Government Bill— Passed

The Right of Children to Free and Compulsory Education (Amendment) Bill, 2010

Shri (Minister of Human Resource Development and Minister of Communications and Information Technology) moved:- ―That the Bill to amend the Right of Children to Free and Compulsory Education Act, 2009, be taken into consideration.‖ The following Members took part in the discussion:— ^12-46 p.m. 1. Shri Kaptan Singh Solanki

(The House adjourned at 1-07 p.m. and re-assembled at 2-10 p.m.) 2-10 p.m. 2. Dr. Bhalchandra Mungekar 2-32 p.m. 3. Shri P. Rajeeve ^2-46 p.m. 4. Shri Shivanand Tiwari 2-49 p.m. 5. Shri D. Bandyopadhyay ^2-54 p.m. 6. Shri Naresh Agrawal 3-02 p.m. 7. Shri Tiruchi Siva 3-09 p.m. 8. Shri Baishnab Parida

^ Spoke in Hindi.  From 2-31 p.m. to 2-32 p.m. see item no. 16. 158 24TH APRIL, 2012 3-17 p.m. 9. Shri A. W. Rabi Bernard ^3-20 p.m. 10. Shri 3-26 p.m. 11. Shri V. P. Singh Badnore 3-35 p.m. 12. Shri Derek O' Brien !3-39 p.m. 13. Shri Mohammed Adeeb 3-44 p.m. 14. Dr. Bharatkumar Raut

3-48 p.m. Shri Kapil Sibal replied to the debate. 4-06 p.m. The motion for consideration of the Bill was adopted. New Clause 1A was adopted. Clause 2, as amended, was adopted. Clause 3, as amended, was adopted. Clause 4, as amended, was adopted. Clause 5, as amended, was adopted. New Clauses 6 and 7 were adopted. Clause 1, as amended, was adopted. The Enacting Formula, as amended, was adopted. The Title was adopted. 4-10 p.m. The motion moved by Shri Kapil Sibal that the Bill, as amended, be passed was adopted and the Bill, as amended, was passed. 4-11 p.m. 16. Government Bill — Under Consideration

The Central Educational Institutions (Reservation in Admission) Amendment Bill, 2010 Shri Kapil Sibal (Minister of Human Resource Development and Minister of Communications and Information Technology) moved:- ―That the Bill to amend the Central Educational Institutions (Reservation in Admission Act, 2006, be taken into consideration.‖ The following Members took part in the discussion:— ^4-17 p.m. 1. Shri 4-45 p.m. 2. Shri Jesudasu Seelam The discussion was not concluded. ______^ Spoke in Hindi. ! Spoke in Urdu.

159 RAJYA SABHA 17. Recommendations of the Business Advisory Committee The Vice-Chairman (Prof. P. J. Kurien) informed Members that the Business Advisory Committee in its meeting held on the 24th April, 2012, has allotted time for Government Legislative and other Business as follows:—

BUSINESS TIME ALLOTTED 1. Consideration and passing of Central Three Hours Educational Institutions (Reservation in

admission) Amendment Bill, 2012. 2. Consideration and return of the Four Hours Appropriation Bill, relating to Demands for Grants (Railways) for 2012-13, after it is passed by the Lok Sabha. 3. Consideration and passing of the Chemical Two Hours Weapons Convention (Amendment) Bill, 2010.

4. Discussion on the working of the following Ministries:- (a) Civil Aviation; (b) Coal; One day each (c) Defence; and

(d) Labour and Employment

(The House adjourned at 5-01 p.m. till 11-00 a.m. on Wednesday, the 25th April, 2012)

______

 At 2-31 p.m. 160