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FRIDAY, THE 6TH SEPTEMBER, 2013 (The Rajya Sabha met in the Parliament House at 11-00 a.m.) 11-00 a.m. 1. Papers Laid on the Table Shri A.H. Khan Choudhury (Minister of State in the Ministry of Health and Family Welfare) on behalf of Shri laid on the Table:- I. A copy each (in English and Hindi) of the following Notifications of the Ministry of Health and Family Welfare, under sub-section (3) of Section 28 of the All Institute of Medical Sciences Act, 1956:—

(1) G.S.R. 550 (E), dated the 14th August, 2013, regarding extension of validity of G.S.R. 654 (E), dated the 28th August, 2012 for delegation of administrative and financial powers to the Directors of six new All India Institutes of Medical Sciences (AIIMS), under provisions of AIIMS Act, 1956.

(2) G.S.R. 549 (E), dated the 14th August, 2013, regarding Establishment of All India Institute of Medical Sciences at Rae Bareli, Uttar Pradesh, under provisions of AIIMS (Amendment) Act, 2012.

(3) S.O. 2350 (E), dated the 2nd August, 2013, regarding Nomination of the Union Minister of Health and Family Welfare as the President of All India Institutes of Medical Sciences, Rishikesh, under provisions of AIIMS Act, 1956.

(4) S.O. 2351 (E), dated the 2nd August, 2013, regarding Nomination of the Union Minister of Health and Family Welfare as the President of All India Institute of Medical Sciences, Raipur, under provisions of AIIMS Act, 1956.

(5) S.O. 2352 (E), dated the 2nd August, 2013, regarding Nomination of the Union Minister of Health and Family Welfare as the President of All India Institute of Medical Sciences, Patna, under provisions of AIIMS Act, 1956.

(6) S.O. 2353 (E), dated the 2nd August, 2013, regarding Nomination of the Union Minister of Health and Family Welfare as the President of All India Institute of Medical Sciences, Bhubaneshwar, under provisions of AIIMS Act, 1956.

292 6TH SEPTEMBER, 2013

(7) S.O. 2354 (E), dated the 2nd August, 2013, regarding Nomination of the Union Minister of Health and Family Welfare as the President of All India Institute of Medical Sciences, Bhopal, under provisions of AIIMS Act, 1956.

(8) S.O. 2355 (E), dated the 2nd August, 2013, regarding Nomination of the Union Minister of Health and Family Welfare as the President of All India Institute of Medical Sciences, Jodhpur, under provisions of AIIMS Act, 1956.

(9) S.O. 2011 (E), dated the 4th July, 2013, regarding Constitution of Institute Body of All India Institute of Medical Sciences, Bhopal, under provisions of AIIMS Act, 1956 read with AIIMS (Amendment) Act, 2012.

(10) S.O. 2012 (E), dated the 4th July, 2013, regarding Constitution of Institute Body of All India Institute of Medical Sciences, Bhubaneswar, under provisions of AIIMS Act, 1956 read with AIIMS (Amendment) Act, 2012.

(11) S.O. 2013 (E), dated the 4th July, 2013, regarding Constitution of Institute Body of All India Institute of Medical Sciences, Jodhpur under provisions of AIIMS Act, 1956 read with AIIMS (Amendment) Act, 2012.

(12) S.O. 2014 (E), dated the 4th July, 2013, regarding Constitution of Institute Body of All India Institute of Medical Sciences, Patna, under provisions of AIIMS Act, 1956 read with AIIMS (Amendment) Act, 2012.

(13) S.O. 2015 (E), dated the 4th July, 2013, regarding Constitution of Institute Body of All India Institute of Medical Sciences, Raipur, under provisions of AIIMS Act, 1956 read with AIIMS (Amendment) Act, 2012.

(14) S.O. 2016 (E), dated the 4th July, 2013, regarding Constitution of Institute Body of All India Institute of Medical Sciences, Rishikesh, under provisions of AIIMS Act, 1956 read with AIIMS (Amendment) Act, 2012.

293 RAJYA SABHA II. A copy each (in English and Hindi) of the following Notifications of the Ministry of Health and Family Welfare, under Section 93 of the Food Safety and Standards Act, 2006:— (1) F. No. 5/15015/30/2012, dated the 12th July, 2013, publishing the Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2013. (2) F. No. A-21021/01/2010-Admn.FSSAI, dated the 30th July, 2013, publishing the Food Safety and Standards Authority of India (Salary, Allowances and other Conditions of Service of Officers and Employees) Regulations, 2013. Shri Jitendra Singh (Minister of State (Independent Charge) in the Ministry of Youth Affairs and Sports and Minister of State in the Ministry of Defence) laid on the Table a copy (in English and Hindi) of the Ministry of Defence Notification No. S.R.O. 13, dated the March 3 - March 9, 2013 in the weekly Gazette, publishing the National Cadet Corps (Amendment) Rules, 2013, along with delay statement, under sub-section (3) of Section 13 of the National Cadet Corps Act, 1948. Shri (Minister of State in the Ministry of Parliamentary Affairs and Minister of State in the Ministry of Planning) on behalf of Shri E. Ahamed laid on the Table a copy each (in English and Hindi) of the following Notifications of the Ministry of External Affairs, under sub-section (2) of Section 31 of the South Asian University Act, 2008:— (1) F. No. BI. 321/60/11, dated the 7th August, 2013, publishing the South Asian University First Rules, 2013. (2) F. No. BI. 321/60/11, dated the 7th August, 2013, publishing the South Asian University First Regulations, 2013. (3) S.O. 136 (E), dated the 20th January, 2012, publishing the South Asian University (Removal of Difficulties) order, 2012, along with delay statement. Shri Rajeev Shukla (Minister of State in the Ministry of Parliamentary Affairs and Minister of State in the Ministry of Planning) on behalf of Shri V. Narayanasamy laid on the Table a copy each (in English and Hindi) of the following Notifications of the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), under sub-section (2) of Section 3 of the All India Services Act, 1951:—

294 6TH SEPTEMBER, 2013 (1) G.S.R. 80, dated the 6th April, 2013, publishing the Indian Police Service (Fixation of Cadre Strength) Third Amendment Regulations, 2013, along with delay statement. (2) G.S.R. 81, dated the 6th April, 2013, publishing the Indian Administrative Service (Fixation of Cadre Strength) Fourth Amendment Regulations, 2013. Dr. E.M. Sudarsana Natchiappan (Minister of State in the Ministry of Commerce and Industry) laid on the Table a copy each (in English and Hindi) of the following Notifications of the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), along with delay statement, under sub-section (4) of Section 157 of the Trade Marks Act, 1999:—

(1) S.O. 2071 (E), dated the 8th July, 2013, appointing the 8th July, 2013 as the date on which all the provisions of the Trade Marks (Amendment) Rules, 2013 shall come into force.

(2) S.O. 2072 (E), dated the 8th July, 2013, appointing the 8th July, 2013 as the date on which all the provisions of the Trade Marks (Amendment) Act, 2010 shall come into force. Shri (Minister of State in the Ministry of Finance) on behalf of Shri Jesudasu Seelam 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 sub-section (2) of Section 38 of the Central Excise Act, 1944:— (1) G.S.R. 335 (E), dated the 23rd May, 2013, extending the facility of removal of all excisable goods falling under the First Schedule to the Central Excise Tariff Act, 1985, along with Explanatory Memorandum. (2) G.S.R. 336 (E), dated the 23rd May, 2013, amending Notification No. G.S.R. 467 dated the 26th June, 2001, along with Explanatory Memorandum. (3) G.S.R. 337 (E), dated the 23rd May, 2013, amending Notification No. G.S.R. 465 (E), dated the 26th June, 2001, along with Explanatory Memorandum. (4) G.S.R. 545 (E), dated 14th August, 2013, publishing corrigendum to Notification No. G.S.R. 336 (E), dated 23rd May, 2013.

295 RAJYA SABHA (5) G.S.R. 546 (E), dated 14th August, 2013, publishing corrigendum to Notification No. G.S.R. 337 (E), dated 23rd May, 2013. (6) G.S.R. 553 (E), dated 14th August, 2013, publishing corrigendum (in Hindi) to Notification No. G.S.R. 336 (E), dated 23rd May, 2013. (7) G.S.R. 554 (E), dated 14th August, 2013, publishing corrigendum (in Hindi) to Notification No. G.S.R. 337 (E), dated 23rd May, 2013. II. A copy each (in English and Hindi) of the following Notifications of the Ministry of Finance (Department of Revenue), under Section 74 of the Prevention of Money Laundering Act, 2002, along with Explanatory Memoranda:—

(1) G.S.R. 576 (E), dated the 27th August, 2013, publishing the Prevention of Money-laundering (Maintenance of Records) Amendment Rules, 2013.

(2) G.S.R. 578 (E), dated the 29th August, 2013, amending Notification No. G.S.R. 440 (E) dated the, 1st July, 2005, to substitute certain entries in the original Notification.

(3) G.S.R. 579 (E), dated the 29th August, 2013, amending Notification No. G.S.R. 441 (E) dated the, 1st July, 2005, to insert certain entries in the original Notification. 11-01 a.m. 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 for the year ended March, 2012: No.19 of 2013: Union Government (Civil), Compliance Audit Observations. (ii) Report of the Comptroller and Auditor General of India for the year ended March, 2012: No.21 of 2013: (Compliance Audit) – Union Government, Ministry of Environment & Forest; and (iii) Report of the Comptroller and Auditor General of India for the year ended March, 2012: No.22 of 2013: (Compliance Audit) – Union Government, Scientific and Environmental Ministries/Departments.

296 6TH SEPTEMBER, 2013 11-02 a.m.

2. Messages from — Reported I. The Wakf (Amendment) Bill, 2013. II. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 Secretary-General, reported to the House the following messages received from the Lok Sabha, signed by the Secretary-General of the Lok Sabha:- (I) "In accordance with the provisions of rule 101 of the Rules of Procedure and Conduct of Business in Lok Sabha, I am directed to inform you that the following amendments made by Rajya Sabha in the Wakf (Amendment) Bill, 2010 at its sitting held on the 19th August, 2013, were taken into consideration and agreed to by Lok Sabha at its sitting held on the 5th" September, 2013:- ENACTING FORMULA 1. That at page 1, line 1, for the word "Sixty-first", the word "Sixty-fourth" be substituted. CLAUSE 1 2. That at page 1, line 3, for the figure "2010", the figure "2013" be substituted. CLAUSE-5 3. That at page 2, line 7, after the word "person", the words "or institution, public or private" be inserted. 4. That at page 2, line 9, after the words "terminated by" the words "mutawalli or" be inserted. 5. That at page 2, line 18, the word "such" be deleted. 6. That at page 2, line 22, after the word "Khanqah" the words "peerkhana and karbala" be inserted. 7. That at page 2, for lines 23 to 27, the following be substituted, namely:- "(v) for clause (r), the following clause shall be substituted, namely:- (r) "waqf" means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes -

297 RAJYA SABHA (i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser; (ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record; (iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and (iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law, and "waqif' means any person making such dedication;". CLAUSE 6 8. That at page 2, after line 28, the following be inserted, namely:- "(a) in sub-section (1), for the words 'wakfs existing in the State at the date of the commencement of this Act', the words 'auqafin the State' shall be substituted;". 9. That at page 2, line 29, for the bracket and alphabet "(a)", the bracket and alphabet "(b)", be substituted. 10. That at page 2, line 33, for the figure "2010" the figure "2013" be substituted. 11. That at page 2, line 34, for the figure "201O" the figure "2013" be substituted. 12. That at page 2, for lines 38 and 39, the following be substituted, namely:- "(c) in sub-section (6)- (i) in the proviso, for the words "twenty years", the words "ten years" shall be substituted; (ii) after the proviso, the following proviso shall be inserted, namely:- "Provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law."

298 6TH SEPTEMBER, 2013 CLAUSE 7 13. That at page 3, for lines 2 to 4, the following be substituted namely:- "(3) The revenue authorities shall:- (i) include the list of auqaf referred to in sub-section (2), while updating the land records; and (ii) take into consideration the list of auqaf referred to in subsection (2), while deciding mutation in the land records.". CLAUSE 9 14. That at page 3, line 23, after the word "have" the word "the" be inserted. CLAUSE 11 15. That at page 4, line 9, for the word "or" the word "and" be substituted. 16. That at page 4, line 20, for the words "Central Council and the Council" the words "Council and it" be substituted. 17. That at page 4, line 27 the words "Central Waqf" be deleted. 18. That at page 4, line 30, for the words "Judge of the Supreme Court and the fee" the words "Judge of the Supreme Court or a retired Chief Justice of a High Court and the fees" be substituted. 19. That at page 4, line 31 for the word "determined", the word "specified" be substituted. CLAUSE 12 20. That at page 4, line 38, for the words "one year from the date of the", the words "six months from the date of" be substituted. 21. That at page 4, line 39, for the figure "2010", the figure "2013" be substituted. 22. That at page 4, for lines 42 and 43, the following be substituted, namely:- "section 13, in the case of Shia waqf, the Members shall belong to the Shia Muslim and in the case of Sunni waqf, the Members shall belong to the Sunni Muslim". CLAUSE 13 23. That at page 5, line 4, for the words "members enrolled with", the words "members of" be substituted.

299 RAJYA SABHA 24. That at page 5, for lines 6 to 9, the following proviso be substituted, namely:- "Provided that in case there is no Muslim member of the Bar Council of a State or a Union Territory, the State Government or the Union Territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union Territory, and";. 25. That at page 5, for lines 33 and 34, the following be substituted, namely:- "(d) one person each from amongst Muslims, to be nominated by the State Government from recognised scholars in Shia and Sunni Islamic Theology;". 26. That at page 5, line 37, for the words "Deputy Secretary", the words "Joint Secretary" be substituted. 27. That at page 5, line 42, for the words "less than three and not more than five", the words "less than five and not more than seven" be substituted. 28. That at page 6, line 3, for the bracket and figure "(7)", the bracket and figure "(5)" be substituted. 29. That at page 6, after line 3, the following be inserted, namely:- "(IV) sub-section (7) shall be omitted;". NEW CLAUSE 14A 30. That at page 6, after line 5, the following new clause be inserted, namely:- 14A. In section 16 of the principal Act, after clause (d), the following clause shall be inserted, namely:- Amendment of section 16. (da) he has been held guilty of encroachment on any waqf property;. CLAUSE 15 31. That at page 7, line 5, for the words show of hands, the words method of secret ballot be substituted. CLAUSE 16 32. That at page 7, line 18, for the word sub-sections, the word sub- section e substituted. 33. That at page 7, line 23, after the words State Government, the words and in case of non availability of a Muslim officer of that rank, a Muslim officer of equivalent rank may be appointed on deputation be inserted. 34. That at page 7, lines 24 and 25, be deleted.

300 6TH SEPTEMBER, 2013 NEW CLAUSE 17A 35. That at page 7, after line 34, the following be inserted, namely: 17A. For section 28 of the principal Act, the following section shall be substituted, namely:- Substitution of new section for section 28. 28. Subject to the provisions of this Act and the rules made thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub Divisional Magistrate of a District in the State shall be responsible for implementation of the decisions of the Board which may be conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions. Power of District Magistrate, Additional District Magistrate or Sub Divisional Magistrate to implement the directions of the Board. CLAUSE 18 36. That at page 7, for lines 37 to 40, the following be substituted, namely:- (a) in sub-section (1) as so numbered, for the words ‗subject to such conditions and restrictions as may be prescribed and subject to the payment of such fees as may be leviable under any law for the time being in force‘, the words ‗subject to such conditions as may be prescribed‘ shall be substituted;. CLAUSE 20 37. That at page 8, for lines 14 to 22, the following be substituted, namely:- ‗(I) in sub-section (2), for clause (j), the following clause shall be substituted, namely:- (j) to sanction lease of any immovable property of a waqf in accordance with the provisions of this Act and the rules made thereunder: Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction: Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing.;‘. 38. That at page 8, line 26, for the word fair, the word market be substituted. 39. That at page 8, for lines 29 and 30, the following be substituted, namely:- educational institution, shopping centre, market, housing or residential flats and the like shall be substituted. 301 RAJYA SABHA CLAUSE 21 40. That at page 8, for lines 33 to 35, the following be substituted, namely:- 21. In section 33 of the principal Act, in subsection (1), - (a) after the words the Chief Executive Officer, the words or any other person authorised by him in writing shall be inserted; (b) the words either himself or any other person authorised by him in writing in this behalf shall be omitted. Amendment of section 33. CLAUSE 24 41. That at page 9, lines 2 and 3, be deleted. 42. That at page 9, line 4, for the bracket and alphabet (b), the bracket and alphabet (a) be substituted. 43. That at page 9, line 6, for the bracket and alphabet (c), the bracket and alphabet (b) be substituted. CLAUSE 26 44. That at page 9, for lines 13 to 19, the following be substituted, namely:- 26. In section 47 of the principal Act, - Amendment of section 47. (I) in sub-section (1), - (i) in clause (a), for the words ten thousand rupees, the words fifty thousand rupees shall be substituted; (ii) in clause (b), for the words ten thousand rupees, the words fifty thousand rupees all be substituted; (iii) in clause (c), after the words the State Government may,, the words under intimation to the Board, shall be inserted; (II) in sub-section (3), in the first proviso, the words more than ten thousand rupees but less than fifteen thousand rupees, the words more than fifty thousand rupees shall be substituted. CLAUSE 27 45. That at page 9, for lines 20 to 41, the following be substituted, namely:- 27. In section 51 of the principal Act,- (i) for sub-section (1), the following subsections shall be substituted, namely:- (1) Notwithstanding anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall be void unless such lease is effected with the prior sanction of the Board: Amendment of section 51.

302 6TH SEPTEMBER, 2013

Provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the State of Punjab, Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Wakf (Amendment) Act, 2013. (1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: Provided that in case the Board is satisfied that any waqf property may be developed for the purposes of the Act, it may, after recording reasons in writing, take-up the development of such property through such agency and in such manner as the Board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of two-thirds of the total membership of the Board. Provided further that nothing contained in this sub-section shall affect any acquisition of waqf properties for a public purpose under the Land Acquisition Act, 1894 or any other law relating to acquisition of land if such acquisition is made in consultation with the Board; Provided also that – (a) the acquisition shall not be in contravention of the Places of Public Worship (Special Provisions) Act, 1991; (b) the purpose for which the land is being acquired shall be undisputedly for a public purpose; (c) no alternative land is available which shall be considered as more or less suitable for that purpose; and (d) to safeguard adequately the interest 1 of 1894. 42 of 1991. and objective of the waqf, the compensation shall be at the prevailing market value or a suitable land with reasonable solatium in lieu of the acquired property; (ii) sub-sections (2), (3), (4) and (5) shall be omitted. CLAUSE 29 46. That at page 10, line 14, for the wordsave, the word except e substituted. 47. That at page 10, line 15, for the words an officer duly authorised by the Board, the words any officer duly authorised by the State Government be substituted. - CLAUSE 30 48. That at page 10, for lines 18 and 19, the following be substituted, namely:-

303 RAJYA SABHA 30. In section 54 of the principal Act,- Amendment of section 54. (a) in sub-section (3), for the words the may, by an order, require the encroacher to remove, substitute he may, make an application to the Tribunal for grant of order of eviction for removing (b) for sub-section (4), the following subsections shall be substituted, namely:- 4) The Tribunal, upon receipt of suchapplication from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property: Provided that the Tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer. (5) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub- section (2), the Chief Executive Officer or any other person duly authorised by him in this behalf may evict that person from, and take possession of, the waqf property. NEW CLAUSES 30A AND 30B 49. That at page 10, after line 19, the following be inserted, namely:- 30A. In section 55 of the principal Act, - Amendment of section 55. (a) for the word, bracket and figure sub-section (3), the word, bracket and figure sub-section (4) shall be substituted; (b) for the words apply to the Sub-Divisional Magistrate‖, the words ‖refer the order of the Tribunal to the Executive Magistrate‖ shall be substituted. 30B. After section 55 of the principal Act, the following section shall be inserted, namely:- Insertion of new section 55A. 55A. (1) Where any person has been evicted from any waqf property under subsection (4) of the section 54, the Chief Executive Officer may, after giving fourteen days‘ notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by public auction any property remaining on such premises. Disposal of property left on waqf property by unauthorised occupants. 304 6TH SEPTEMBER, 2013 (2) Where any property is sold under subsection (1), the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the State Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the Chief Executive Officer to be entitled to the same: Provided that where the Chief Executive Officer is unable to decide as to the person to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the Tribunal and the decision of the Tribunal thereon shall be final. CLAUSE 31 50. That at page 10, for line 21 to 36, the following be substituted, namely:- ‗(a) in sub-section (1), – (i) for the words A lease or sub-lease for any period exceeding three years the words A lease for any period exceeding thirty years shall be substituted; (ii) the following proviso shall be inserted at the end, namely:- Provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the State Government, for such period and purposes as may be specified in the rules made by the Central Government: Provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf or in any other law for the time being in force, be void and of no effect: Provided also that before making lease of any waqf property, the Board shall publish the details of lease and invite bids in at least one leading national and regional news papers.‘; (b) in sub-section (2), for the words A lease or sub-lease for any period exceeding one year and not exceeding three years, the words A lease for a period of one year but not exceeding thirty years shall be substituted;‘. (c) in sub-section (3), – (i) the words or sub-lease, at both the places where they occur, shall be omitted; (ii) the following proviso shall be inserted at the end, namely:- 51. That at page 10, lines 38 and 39, for the words regarding a lease or sub-lease for any period exceeding one year and exchange or mortgage, the words regarding a lease for any period exceeding three years be substituted. 305 RAJYA SABHA CLAUSE 34 52. That at page 11, for lines 19 to 21, the following be substituted, namely:- 34. In section 68 of the principal Act, - (i) in sub-section (2), for the words Magistrate of the first class and Magistrate, the words District Magistrate, Additional District Magistrate, Sub-Divisional Magistrate or their equivalent‖ shall be substituted; (ii) in sub-sections (3), (4), (5) and sub-section (6), for the words the Magistrate he words any Magistrate shall be substituted. CLAUSE 39 53. That at page 12, for lines 3 to 5, the following be substituted, namely:- and a copy of the said auditor‘s report, along with orders shall be forwarded by the State Government to the Council within a period of thirty days of laying of such report before each House of the State legislature where it consists of two Houses or where such Legislatures consist of one House, before that House. CLAUSE 40 54. That at page 12, for lines 6 and 7, the following be substituted, namely:- 40. In section 83 of the principal Act, – (a) for sub-section (1), the following sub-section shall be substituted, namely:- (1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals; (b) for sub-section (4), the following sub-sections shall be substituted, namely:- 55. That at page 12, line 18, for the word resented the word prescribed be substituted. NEW CLAUSE 42A 56. That at page 12, after line 22, the following be inserted, namely:- 42A. Section 87 of the principal Act shall be omitted. Omission of section 87.

306 6TH SEPTEMBER, 2013 NEW CLAUSE 43A 57. That at page 12, after line 24, the following be inserted, namely:- ‗43A. In section 91 of the principal Act, in sub-section (1), for the words ‖it appears to the collector before an award is made that any property‖, the words ‖and before an award is made, in case the property shall be substituted.‘ Amendment of section 91. CLAUSE 46 58. That at page 12, line 41, the words Central Waqf be deleted. CLAUSE 47 59. That at page 13, for lines 3 to 8, the following be substituted, namely:- 104A. (1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to Prohibition of sale, gift, exchange, mortgage or transfer of waqf property. any other person. (2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio. NEW CLAUSE 47A 60. That at page 13, after line 8, the following be inserted, namely:- ‗47A. After section 104A of the principal Act, the following section shall be inserted, namely:- Insertion of new section 104B. 104B. (1) If any waqf property has been occupied by the Government agencies it shall be returned to the Board or the mutawalli within a period of six months from the date of the order of the Tribunal. Restoration of waqf properties in occupation of Government agencies to waqf Boards. (2) The Government agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the Tribunal at the prevailing market value..‘. CLAUSE 48 61. That at page 13, line 10, the words Central Waqf be deleted. NEW CLAUSE 48A 62. That at page 13, after line 11, the following be inserted, namely:- ‗48A. After section 108 of the principal Act, Insertion of new section the following section shall be inserted, namely:- 108A.

307 RAJYA SABHA ‖108A. The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act..‘. Act to have overriding effect. CLAUSE 49 63. That at page 13, after line 26, the following be inserted, namely:- (d) clause (xi) shall be omitted;. 64. That at page 13, line 27, for the bracket and alphabet (d), the bracket and alphabet (e) be substituted. (II) "In accordance with the provisions of rule 101 of the Rules of Procedure and Conduct of Business in Lok Sabha, I am directed to inform you that the following amendments made by Rajya Sabha in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 at its sitting held on the 4th September, 2013, were taken into consideration and agreed to by Lok Sabha at its sitting held on the 5th September, 2013:- CLAUSE 6 1. That at page 8, after line 27, the following proviso be inserted namely:- "Provided that, in respect of irrigation projects where the process of Environmental Impact Assessment is required under the provisions of any other law for the time being in force, the provisions of this Act relating to Social Impact Assessment shall not apply". CLAUSE 25 2. That at page 15, for lines 20 and 21, the following be substituted. "then, all provisions of this Act relating to. the determination of compensation shall apply; or". 3. That at page 15, lines 32 and 33, for the words "compensation in respect of a majority of land holdings has not been accepted", the words "compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries" be substituted. THE SECOND SCHEDULE 4. That at page 40, line 7, for the words "each affected family", the words "as far as possible and in lieu of compensation to be paid for land acquired, each affected family" be substituted.

308 6TH SEPTEMBER, 2013 11-03 a.m. 3. Report of the Department Related Parliamentary Standing Committee on Human Resource Development Shri Rama Chandra Khuntia presented the Two Hundred Fifty-seventh Report (in English and Hindi) of the Department-related Parliamentary Standing Committee on Human Resource Development on the Central Universities (Amendment) Bill, 2012. 4. Report of the Committee on Empowerment of Women Dr. Prabha Thakur laid on the Table, a copy (in English and Hindi) of the Twenty-first Report of the Committee on Empowerment of Women (2012-13) on the Subject ‗Working Conditions of Women in Police Force‘. 11-04 a.m. 5. Report of the Railway Convention Committee (2009) Dr. Bharatkumar Raut laid on the Table, a copy (in English and Hindi) of the Eighth Report (Fifteenth Lok Sabha) on Action Taken by the Government on the recommendations contained in the Fifth Report of the Railway Convention Committee (2009) on ‗Railway's participation in the development of backward regions‘. 6. Statement of the Railway Convention Committee (2009) Dr. Bharatkumar Raut laid on the Table, a copy (in English and Hindi) of the Statement showing the Final Action Taken by the Government on the recommendations contained in Chapter – I of the Seventh Report of the Railway Convention Committee (2009) on Action Taken by the Government on the recommendations contained in the Fourth Report of the Committee on ‗Pending on-going projects of the Ministry of Railways - Commissioning of the Autokast Factory at Cherthala, Kerala - A case study‘. 11-05 a.m. 7. Statements by Ministers (1) Shri Srikant Jena, Minister of State (Independent Charge) of the Ministry of Statistics and Programme Implementation and of the Ministry of Chemicals and Fertilizers, laid on the Table, a copy each (in English and Hindi) on status of implementation of recommendations contained in the Twenty-eighth Report of the Department-related Parliamentary Standing Committee on Chemicals and Fertilizers on "Production, Demand and Availability of Fertilizers and its distribution" pertaining to the Department of Fertilizers, Ministry of Chemicals and Fertilizers. 309 RAJYA SABHA (2) Shri Jitendra Singh, Minister of State (Independent Charge) of the Ministry of Youth Affairs and Sports and in the Ministry of Defence, laid on the Table, a copy each (in English and Hindi) on status of implementation of recommendations contained in the Fifteenth Report of the Department-related Parliamentary Standing Committee on Defence on Demands for Grants (2012-13). 11-06 a.m.

8. Matters raised with permission

(i) Shri Derek O‘ Brien raised a matter regarding meeting of Home Minister with the representatives of Gorkha Jan Mukti Morcha of Darjeeling. Shri Rajeev Shukla, Minister of State in the Ministry of Parliamentary Affairs and in the Ministry of Planning, responded. @11-12 a.m. (The House adjourned at 11-02 a.m. and re-assembled at 11-23 a.m.) #11-24 a.m. (ii) Shri D.P. Tripathi raised a matter regarding adverse impact on the quality of teaching due to large number of teaching vacancies in Universities. Dr. Najma A. Heptulla also spoke. Shri Rajeev Shukla, Minister of State in the Ministry of Parliamentary Affairs and in the Ministry of Planning, responded. 11-31 a.m. (iii) Shri V. Hanumantha Rao raised a matter regarding injustice to OBCs in faculty appointments in IIT, Madras. 11-33 a.m. (iv) !Shri Narendra Kumar Kashyap raised a matter regarding regularization of sand mining.

@ From 11-10 a.m. to 11-12 a.m., some points were raised. # From 11-23 a.m. to 11-24 a.m., see item at Sl. No. 9. ! Spoke in Hindi. 310 6TH SEPTEMBER, 2013 11-36 a.m. (v) Shri Kunal Ghosh raised a matter regarding execution of an Indian author Sushmita Banerjee by Taliban in Afghanistan. Shri D. Raja, Shrimati Jaya Bachchan and Dr. Najma A. Heptulla also spoke. Shri Rajeev Shukla, Minister of State in the Ministry of Parliamentary Affairs and in the Ministry of Planning, responded. 11-43 a.m. (vi) Shri P Rajeeve raised a matter regarding situation in Syria and remarks of British Prime Minister. 11-47 a.m. (vii) !Shri Dharmendra Pradhan raised a matter regarding need to set up a Bench of Odisha High Court in the western part of Odisha. 11-50 a.m. (viii) Shri Anil Desai raised a matter regarding pathetic condition of patients at AIIMS and Safdarjung Hospital. 11-53 a.m. (ix) Shri Vivek Gupta raised a matter regarding India‘s rising Current Account Deficit. $9. Recommendations of the Business Advisory Committee The Deputy Chairman informed the Members that the Business Advisory committee, in its meeting held on the 6th September, 2013, has decided that the sitting of the Rajya Sabha may be further extended by one day and, accordingly, the House will sit on Saturday, the 7th September, 2013, for transaction of Government Legislation Business.

! Spoke in Hindi. $ At 11-23 a.m. 311 RAJYA SABHA .12-01 p.m. 10. Special Mentions

The following Special Mentions were laid on the Table of the House:— 1. Shri V. Hanumantha Rao Demand to modify the environmental clearance procedure to facilitate small mining owners in the country.

2. Shri Rama Chandra Demand to formulate a policy for Khuntia proper waste and sewer management in urban areas of the country.

3. Shri Thaawar Chand Demand for early construction of the Gehlot building of Kendriya Vidyalaya at Shajapur in Madhya Pradesh.

4. Shri Birendra Prasad Demand to take early measures for Baishya development of plastic processing industries in line with Assam Gas Cracker Project.

5. Shri K.C. Tyagi Demand to increase the amount of pension under EPF Pension scheme for employees of Public and Private Sector in the country.

*12-09 p.m. 11. Government Bills — Passed (I) The Pension Fund Regulatory and Development Authority Bill, 2013, as passed by Lok Sabha

Shri P. Chidambaram (Minister of Finance) moved:- ―That the Bill to provide for the establishment of an Authority to promote old age income security by establishing, developing and regulating pension funds, to protect the interests of subscribers to schemes of pension funds and for matters connected therewith or incidental thereo, as passed by Lok Sabha, be taken into consideration.‖

. From 11-55 a.m. to 12-01 p.m., some points were raised. * From 12-03 p.m. to 12-09 p.m., some points were raised. 312 6TH SEPTEMBER, 2013 The following Members took part in the discussion:—

12-14 p.m. 1. !Shri Piyush Goyal 12-36 p.m. 2. Shri Rama Chandra Khuntia 12-43 p.m. 3. !Shri Veer Singh 12-48 p.m. 4. Shri Tapan Kumar Sen (The House adjourned at 1-01 p.m. and re-assembled at 2-30 p.m.) 2-30 p.m. 5. Shri Anil Desai 2-37 p.m. 6. Shri Sukhendu Sekhar Roy 2-46 p.m. 7. !Shri Naresh Agrawal 2- 53p.m. 8. Shri N.K. Singh 3-00 p.m. 9. Shri N. Balaganga 3-05 p.m. 10. Shri T.M. Selvaganapathi 3-10 p.m. 11. Shri Shashi Bhusan Behera 3-16 p.m. 12. Dr. Yogendra P. Trivedi 3-23 p.m. 13. Shri M.P. Achuthan 3-29 p.m. 14. !Shri Prakash Javadekar 3-36 p.m. 15. Dr. Bhalchandra Mungekar 3-47 p.m. 16. !Shri Ram Kripal Yadav 3-52 p.m. 17. !Shrimati Kusum Rai 3-56 p.m.

Shri P. Chidambaram replied to the debate. 4-26 p.m. The motion for consideration of the Bill was adopted. Clauses 2 to 19 were adopted. 4-31 p.m. Amendment Nos. 1 and 2 to Clause 20 of the Bill moved by Shri Tapan Kumar Sen, Shri T. K. Rangarajan and Shri P. Rajeeve were put to the House and the House divided — Ayes — @ 21 Noes — @ 116 The Amendments were negatived.

! Spoke in Hindi. @ Subject to correction. 313 RAJYA SABHA 4-39 p.m. Clause 20 was adopted. Clauses 21 to 56 were adopted. Clause 1, the Enacting Formula and the Title were adopted. 4-49 p.m. The motion moved by Shri P. Chidambaram that the Bill be passed, was put to the House and the House divided — Ayes — @ 115 Noes — @ 25 4-51 p.m. The motion was adopted and the Bill was passed. #5-57 p.m. (II) The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2013, as passed by Lok Sabha

Shri V. Kishore Chandra Deo (Minister of Tribal Affairs and Minister of Panchayati Raj) moved:-

―That the Bill further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the States of Kerala and Chhattisgarh, as passed by Lok Sabha, be taken into consideration.‖ The following Members took part in the discussion:—

5-58 p.m. 1. !Shri Faggan Singh Kulaste 6-04 p.m. 2. !Shri Avtar Singh Karimpuri 6-12 p.m. 3. Shri P. Rajeeve 6-16 p.m. 4. Shri K.R. Arjunan 6-22 p.m. 5. Shri S. Thangavelu 6-25 p.m. 6. Shri Shashi Bhusan Behera 6-26 p.m. 7. Shri Birendra Prasad Baishya

@ Subject to correction. # From 4-52 p.m. to 5-14 p.m. see item at Sl. No. 12 (1) and From 5-48 p.m. to 5-57 p.m. some points were raised. ! Spoke in Hindi. 314 6TH SEPTEMBER, 2013

6-31 p.m. 8. Shri V.P. Singh Badnore 6-38 p.m. 9. Shri Devender Goud T. 6-39 p.m. 10. Shri D. Raja 6-41 p.m. 11. Shri D. Bandyopadhyay 6-42 p.m. 12. !Shri Dharmendra Pradhan 6-44 p.m. 13. !Dr. Vijaylaxmi Sadho 6-46 p.m. 14. Shri A.V. Swamy 6-55 p.m.

Shri V. Kishore Chandra Deo replied to the debate. 7-15 p.m. The motion for consideration of the Bill was adopted. Clause 2 was adopted. Clause 1, the Enacting Formula and the Title were adopted.

7-16 p.m. The motion moved by Shri V. Kishore Chandra Deo that the Bill be passed was adopted and the Bill was passed. 12. Statements by Ministers &(1) Shri A.K. Antony, Minister of Defence, made a Statement on the Report by Shri Shyam Saran, Chairman, National Security Advisory Board regarding border infrastructure. Thereafter, some Members sought clarifications on the statement. (2) On the direction of the Chair, Shri R.P.N. Singh, Minister of State in the Ministry of Home Affairs, made a statement regarding the meeting of the Home Minister with the representatives of Gorkha Jan Mukti Morcha of Darjeeling. Thereafter, some Members sought clarifications on the statement.

! Spoke in Hindi.  From 6-47 p.m. to 6-49 p.m., From 6-50 p.m. to 6-52 p.m. and From 6-53 p.m. to 6-55 p.m. some points were raised.  From 7-07 p.m. to 7-09 p.m. some points were raised. & At 4-52 p.m.  At 7-18 p.m. 315 RAJYA SABHA 7-17 p.m. 13. Message from Lok Sabha reported Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2013 Secretary-General, reported to the House the following message received from the Lok Sabha as signed by the Secretary-General of the Lok Sabha:- ―In accordance with the provisions of rule 96 of the Rules of Procedure and Conduct of Business in Lok Sabha, I am directed to enclose the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2013, as passed by Lok Sabha at its sitting held on the 6th September, 2013.‖ 14. Government Bill laid on the Table Secretary-General, laid on the Table the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2013 as passed by the Lok Sabha. 7-32 p.m. (The House adjourned at 7-32 p.m. till 11-00 a.m. on Saturday, the 7th September, 2013)

______

 From 7-18 p.m. to 7-32 p.m. see item at Sl. No. 12 (2). 316