______∗SUPPLEMENT TO SYNOPSIS OF DEBATE ______(Proceedings other than Questions and Answers) ______Thursday, August 19, 2010/ Sravana 28, 1932 (Saka) ______THE LAND PORTS AUTHORITY OF BILL, 2010-Contd. SHRI NARENDRA KUMAR KASHYAP, making his maiden speech, said: This is a very important Bill. Through this Bill, the Government propose to establish 13 integrated Check Posts. It is true that by establishing the Check Posts, the foreign trade can be enhanced, the security of the country may also benefit, but no mention has been made as to what arrangement would be made by the Government on remaining borders of the country. It would have been better, if the provision for fencing on the international borders of the country should have been made in this Bill. There is no mention of border road management in it. Flood lights should be provided. This matter is connected with the unity, integrity and security of the country. Our country is not safe because of its open borders. Provisions have been made in this Bill that 13 integrated Check Posts would be established through which we want to boost trade and strengthen the economy of the country. But, the concern is, how we will control the trade? Until we demarcate the borders properly, I have some doubts about the utility of this Bill. If the Bill is considered without demarcation of international borders of the country, an apprehension will be there that how we will ______∗This Synopsis is not an authoritative record of the proceedings of the Rajya Sabha.

313 check the terrorists, infiltrators, smugglers of illegal arms and the business of fake currency notes. We will have to give top priority to the security of the country to get this Bill passed. Then, what is the plan of the Government to control the Border Road Organization, the BSF and the CRPF? Whether passport system will be introduced on the borders on which you propose to establish check posts, whether it is the border of Nepal or some other country? I suggest that this Bill has a wide objective and wide functions, and hence, it would have been better if besides the post of Chairman, provision for the post of Vice-chairman is also made. Besides, provision for not more than nine Members has been made in the Bill, whereas the number of departments given is 13. I request that it would be convenient for the members to work, if the provision was made for 15 members instead of nine members. It has been stated that there will be one representative each from traders and the workers, who will be appointed by the Central Government. It would have been better, if a provision was made therein that these traders and workers will be non-political. The borders on which these check posts are being made, whether the MPs of these border areas will also be taken in this Authority, whether the MLAs of these border areas will be taken in it as members, whether political parties will be involved in this? This has been mentioned in the Bill that Chairman will be elected from such persons who have special knowledge and experience in transport, industry, commerce, law, finance and public administration sector. It is not possible for one person to possess knowledge of such great number of Departments. Hence, if arrangement were made for Deputy Chairman besides Chairman, it would have been better. You have mentioned in it about full time Member that their maximum age will be 60 years and their 5 year term has also been fixed but minimum age is not mentioned therein. This Bill is very important and is very necessary for the country but I have certain doubts in my mind. The Hon'ble Minister will try to clear these doubts. Provisions have been made in the Bill for malls, cold storage and many other Institutes. Whether the hon. Minister will make provision of reservation for

314 Scheduled Castes, Scheduled Tribes and OBCs in these institutes. If he does this, he will respect our sentiments and sentiments of the House too. SHRI PRASANTA CHATTERJEE: After the Bill has been passed by the Lok Sabha and placed here, there is a change and the words 'systems which address security imperatives' have been included. If you compare the Civil Aviation Bill with this Bill, you will find that in certain clauses there are similarities. It has been decided that the sovereign functions of the authority shall not be assigned to any private entity. SHRIMATI VASANTHI STANLEY: I congratulate the hon. Minister for establishing the Land Ports Authority of India for establishing the Integrated Check Posts at the entry and exit points on the international land boundaries at the cost of Rs.730 crores, seven in the first phase and six in the second phase. But, there is no mention of such a check post on Indo-China border where it is very much required. As this authority is going to take up the sensitive security maters along with facilitating the trade at the border with the neigbouring counties like Bangladesh, Nepal, Myanmar and Pakistan, I wish that privatization does not take place under any circumstances of airports. The Land Ports of India will be a statutory body, engaging representatives of Ministries of External Affairs, Railways, Defence, Department of Commerce and Revenue, Road Transport and Highways and also the representatives of the concerned State Government. The airports come under the Department of Civil Aviation while ships come under the Ministry of Shipping. Similarly, the Land Port Authority should come under the Ministry of Home Affairs. The National Highways Authority Act does not clearly earmark as to which department should handle the case of compensation for the displacement activities arising out of land acquisition. Regarding the appointment of the Chairman the Bill says that the Chairman of this Authority is proposed to be from among persons who have special knowledge and experience in the field of transport, industry,

315 commerce, law, finance and public administration. I would request the Hon’ble Home Minister to make it simple and see to it that the Members appointed are chosen in proportion to the States. Another of my concerns is about the powers vested on the Land Port Authority. Clause 19, laying the condition to act with the prior approval of the Central Government, may be deleted and clear powers be given to the Land Port Authority. Bangladesh and other countries are openly accusing India of smuggling certain things. On the other hand borders have become havens of illegal activities. I would request the Hon’ble Minister to see to it that neither we are exploited inside our borders nor are we accused unnecessarily by other countries. This can be achieved by the effective functioning of the Land Port Authority. SHRI RANJITSINH VIJAYSINH MOHITE-PATIL: We have different relations with different countries. So, the officers and personnel deputed on the border should be very well-versed with the treaties and relations with the bordering countries. The serious issues should be addressed seriously and properly. We have seen attacks like the attack of 26/11 and the Parliament attack. So, the staff and the personnel should be fully equipped with advanced equipments. The best of the technology should be given them. The personnel and the officers posted at these points, will be from various parts of the country. Their families should be taken care at the same point. It should be ensured that no corruption takes place at this point. This should be the main priority and concern of the Government and the Hon’ble Minister. SHRI PYARIMOHAN MOHAPATRA: The Home Ministry is the most appropriate Ministry to deal with this Bill. In case of immigration, it is not only a question of security of the country but also of the immigrants coming into the country with arms and ammunitions and other illegal goods. Security and intelligence or border management are too sensitive and crucial issue to be left to an authority. Lakhs and millions of people are coming in from border with Bangladesh creating several kind of imbalances. You cannot

316 have Integrated Check Posts to really stop all this. Once it becomes is an authority, people will feel safe. Clause 19 says that prior approval of the Government is necessary for levying rent and fee. When you are giving so many powers to an authority, then, for levying rent and fee, why should they come to the Home Ministry. There should be no provision of reappointment of members and retired persons. If you want to retain joint ventures even with the PSUs, leave apart the private parties, please don’t keep a clause for formation of companies. SHRI D. RAJA: This Bill has a limited purpose of establishing Land Port Authority of India for the development and management of facilities for cross-border movement of passengers and goods at designated points along the international borders of India. Sea ports are managed by the Port Trust of India, broadly under the Ministry of Shipping. Airports are managed by the Airports Authority of India but there are changes coming in. In the name of Public-Private-Partnership, even, our airports are managed by private entities. That gives apprehension on how this Land Port Authority of India will really be a successful one. It is obvious now that the Ministry of Home Affairs will remain as the nodal agency for this Land Port Authority of India. Only public sector undertakings should be involved in such activities. In the name of joint venture, you cannot have private participation. It will pose threat to the very functioning of the Landport Autority of India. We are concerned with the legitimate movement of passengers and goods through our borders. That is why, we are bringing all of them together under one roof through integrated check-posts. It is legitimate movement of passengers and goods. The Home Ministry must assure the House that it will strengthen the governance in all these centers. I have a strong apprehension that if you leave scope for private participation, then, it will lead to serous complications as far as cross border management of goods and movement of passengers are concerned. There should be proper consultation with the State Governments and people whose land is acquired for Land Port Authority must get proper compensation.

317 THE MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI AJAY MAKEN), replying to the debate, said: This Bill was originated in the National Security Council Secretariat. Objective of this Bill is to take care of security imperative. Recommendation of the Standing Committee has been accepted and included in the title. The decision regarding locations of ICPs is taken through Cabinet Committee on Security after discussion. The Department of Border Management was set up six years ago in 2004. Integrated Check Posts do not mean that Border Security will not be taken care of. There will be no lapse of any kind at border. Sixteen Battalions of BSF have been sanctioned for Indo Bangladesh Border. Pilot Project of flood light for a distance of 277 kilometers for Bangladesh Border has been undertaken. We are tightening security at the border. Cooperation of the State Governments will be taken. The Chief Secretary will be a member of Land Port Authority. The district officials will help in land acquisition. Full truck scanners will be installed at Srinagar-Muzzafarabad and Punch-Rawalkot axis. More number of integrated check posts will be established. Government will undertake sovereign functions and no joint venture will be entered into for them. No compromise will be made with security in respect of places. The PSU organizations cannot perform well the small functions related to the public facilities, like parking, toilets, etc. We have, nowhere, thought of joint venture. In future, if it was thought to be necessary, we would, at first, take care of all the aspects of security. We will have tight monitoring before and after we initiate any joint venture with any entity. Therefore, joint ventures should not be mentioned in this Bill. The Government assigns these tasks to the private organizations at airports and other places and security is taken care of there. The motion for consideration of the Bill was adopted. The clauses etc. were adopted. The Bill was passed. ______

318 SPECIAL MENTIONS I. Demand to take stern action against the Maoist kidnappers of an ICDS helper in Midnapore, West Bengal SHRI PRASANTA CHATTERJEE: On 2nd August, 2010, the Maoists kidnapped Smt Chhabi Mahato, a resident of Midnapore, West Bengal, who is a dedicated ICDS worker, and a widow and the mother of three children. As, she has always refused to succumb the demand of Maoists to join their rally, they committed this heinous crime. I urge upon the Hon'ble Prime Minister to ensure that all political parties condemn the Maoist led political forces in true spirit and take stern action against them. (Shri Saman Pathak associated.) II. Concern over the problems being faced by people of Orissa due to setting up of thermal power projects in the state SHRI : The electricity is very important for the development of the country but thermal power stations are increasing difficulties of the people of the surrounding areas particularly in Orissa. Most of the thermal power stations are located in Orissa which are increasing the temperature of the surrounding areas. There are so many power plants belonging to Private as well as Public Sector companies. But no one is bothered about the inconveniences of the people, while they are making significant profits. Adequate compensations and services should be given to the affected people. III. Need for regular sittings of the Appellate Tribunal under the Provident Fund Act in South India including Goa SHRI SHANTARAM LAXMAN NAIK: The Appellate Tribunal, under the Provident Fund Act, holds its sittings only at once place Delhi. Since taking justice to the doorsteps of the people is the Government’s motto, a bench of the Employees Provident Fund Appellate Tribunal can be constituted either at Mumbai, Goa or

319 Bengaluru. Alternatively, there can be one permanent presiding officer sitting in Delhi and the other a mobile presiding officer presiding over the camp in various parts of south India. There is also another alternative. Since the Industrial Tribunal are already established under the Industrial Tribunal Act, the same may be designated as the Employees Provident Fund Appellate Tribunal, which will result in every State getting an Appellate Tribunal under the Provident Fund Act. IV. Demand to give approval to the electrification plan of villages of Uttar Pradesh under the Rajiv Gandhi Rural Electrification Scheme SHRI BRIJLAL KHABRI: The Central Government had launched “Rajiv Gandhi Rural Electrification Scheme” for electrification of the villages which have not undergone electrification. Under this scheme the electrification of the villages and the hamlets having population of more than 100 was sanctioned but the scheme of rural electrification sanctioned in 2004 in Uttar Pradesh covered only one main village and a hamlet. The Central Government has announced to provide electricity to every house-hold, but due to this the target of the Central Government can not be completed in Uttar Pradesh so, I request the Central Government to immediately approve the scheme of electrification of the hamlets in Uttar Pradesh, which is pending before it. V. Demand to include 16 castes of Uttar Pradesh in SC category SHRI NARENDRA KUMAR KASHYAP: The Uttar Pradesh government through a letter written to the Central Government had proposed to include 16 most back-ward castes who are even today the victims of untouchability and humiliation in the list of scheduled caste so that all these castes are brought to main stream and get all the benefits. But it is regretful that the Central Government has not yet considered the proposal. So, I demand from the Central Government to include all these 16 castes in the list of scheduled

320 castes immediately and also to increase the quota of the scheduled caste. VI. Demand to ban FDI in retail sector SHRI A. ELAVARASAN: Our country is already facing double digit inflation rate. On line trading of essential commodities, black marketing, illegal storage of commodities, middlemen role between farmers and to the consumers are the basic reasons for the high prices of food items. If the Government allows foreign direct investment in retail sector, the early elevated price will also increase continuously. A million of small retail traders have no alternative. Allowing multinational companies in retail trade will encourage the negative factors. Therefore, the Government should consider to impose the permanent banning on foreign direct investment in Indian retail trade. VII. Demand to stall automatic signaling system for railways in Kerala SHRI K. N. BALAGOPAL: Because of the high density of population and the difficult topography, constructing new roads and railway lines is difficult in Kerala. Increasing the rail travel frequency is a better way to address the traffic needs and commuters demand. The railway lines from Trivandrum to Trichur is highly over loaded now. So, Kerala needs train facilities like in a metro city. If automatic signaling system will be introduced, it would increase more sections in between stations. The Ministry of Railways is requested to take appropriate steps to introduced automatic signaling system and MEMU trains in Trivandrum-Trichur Railway Line. (Shri P. Rajeeve associated.) VIII. Recent unnatural deaths of nuclear scientists in the country PROF. P. J. KURIEN: In view of alleged suicide of Shri L. Mahalingam, death of two researchers Shri Umang Singh and Partha Pratin Bag, murder of Shri Mahadevan Parmanabhan and a number of incidents/accidents taken place at Kaiga and Mayapuri,

321 New Delhi and radioactive materials found in AMU, the Government should take immediate steps to investigate all these deaths, to ensure standard operating procedures and to frame strict guidelines for monitoring all the agencies other than nuclear establishments. (Shri Rudra Narayan Pany and Shri Ambeth Rajan associated.) IX. Demand to take steps for appointment of officers belonging to SC/ST categories at higher posts in all the Departments SHRI AVTAR SINGH KARIMPURI: The employees and officers of Scheduled Castes and Scheduled Tribes are still being deprived of their right in all the States, except Uttar Pradesh, and Union Territories in the country. The number of SC/ST officials posted at the higher posts in various departments of State Governments and Central Government is very few. Moreover, if any SC or ST official becomes eligible for promotion, the relevant papers are made delayed. I request the Central Government to post the SC and ST officials at the higher posts in the ratio of total number of officials in a department. X. Demand to withhold permission to Vedanta Group company for bauxite mining in Orissa SHRI RAMCHANDRA KHUNTIA: Vedanta Group have started mining operation without having proper permission. Two tribes in the Niyamgiri Hills of Orissa namely, Dongria Kondh and Kutia Kandha, would be deprived of their natural rights and they would lose faith in the Government as they have cultural and economic ties with land. The Saxena Committee in its report has said that Vedanta Group have violated the Forest Conservation Act. I urge upon the Government to give clear cut orders for not handing-over the Niyamgiri mines to Vedanta Group. (Shri Rudra Narayan Pany associated.)

322 XI. Demand to ban the appointment of teachers on contract basis in the Central Universities, particularly in the Allahabad University SHRI AMBETH RAJAN: In 2009 University Grants Commission team reprimanded Allahabad University for not filling the quota for SC/STs and directed the University to fill 112 teaching posts by 30.04.2010 as per norms. But the University has not recruited even a single SC/ST against this backlog. Instead, they decided to appoint teachers on contract basis. There is no quota for SC/ST/OBC in this recruitment. The appointments of guest or contract teaching staff in the Central Universities have become a regular feature. I urge upon the Government to ban ad-hoc appointment of teaching staff in all Universities which denies SC/ST/OBC candidates their fair share. XII. Demand to take steps for renovation of Dr. B.R. Ambedkar Memorial, 26, Alipur Road, Delhi SHRI RAM VILAS PASWAN: Baba Saheb Ambedkar was the maker of Indian Constitution. He was instrumental in getting the rights for downtrodden, backward classes, minorities and women. Baba Saheb had passed away at 26, Alipur Road, Delhi which has been declared a national monument, but this place at present is in a dilapidated condition. Baba Saheb had written the Constitution and given it the final shape at this place only. No writings or other things related to him are placed there. I demand from the government to develop 26, Alipur Road immediately and give equal importance to this place in accordance with Rajghat, so that significant persons at national and international level visit there and derive inspiration. (Shri D. Raja associated.) XIII. Need to take steps to resolve the problem of rampant unemployment in the country SHRI AVINASH RAI KHANNA: Unemployment is a very big problem. Educated youth is engaging in the activities of looting,

323 theft, murder and fraud due to unemployment. They go to foreign countries illegally because of their greed and are put in jail there after being caught. Some of them are even committing suicide. Foreign powers can harm the country by using these unemployed youth. Government should create more and more employment opportunities and provide respectable amount of unemployment allowance to the unemployed youth until they find a job. XIV. Need to pay gratuity to the contract workers of the Cement Corporation of India in Gulbarga, Karnataka SHRI K. B. SHANAPPA: Cement Corporation of India in district Gulbarga was closed on account of bad management and irregularities. Its permanent workers were paid the dues under VRS scheme without declaring the Lock Out. 176 contract labourers working there were not paid their gratuity saying that they come under contractor. Some labourers raised the dispute before the Regional Labour Commissioner, Bellary, which awarded Rs.1.2 crore to be paid as gratuity to them. This decision was upheld by the High Court as well as the Supreme Court. This amount has not been paid so far. RLC, Bellary has requested the DC, Gulbarga to confiscate the property of the company to pay the gratuity money, but nothing has happened. I request the Minister to intervene and settle the issue relating to the gratuity. (Shri Rudra Narayan Pany associated.)

V. K. AGNIHOTRI, Secretary-General. [email protected]

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