FRIDAY, THE 3RD DECEMBER, 2004 (The Rajya Sabha met in the Parliament House at 11-00 a.m.) 11-00 a.m. 1. Starred Questions The following Starred Questions were orally answered:- Starred Question No.41 regarding Safety of the goods carried by the Railways. Starred Question No.42 regarding New fertilizer policy. Starred Question No.44 regarding Projects pending for environmental clearance. Starred Question No.45 regarding Reforms in FPI sector of Karnataka. Starred Question No.46 regarding Illegal kidney transplant. Starred Question No.48 regarding Seizure of silver and gold consignment from Rajdhani Express. Starred Question No.50 regarding Water cess on sea water. Starred Question No.52 regarding Stampede at New Delhi railway station. Answers to remaining Starred Question Nos. 43, 47, 49, 51 and 53 to 60 were laid on the Table. 2. Unstarred Questions Answers to Unstarred Question Nos. 183 to 300 were laid on the Table. 12-01 p.m. 3. Papers Laid on the Table Shri (Minister of Chemicals and Fertilizers and Minister of Steel) laid on the Table:—

I. A copy (in English and Hindi) of the Ministry of Chemicals and Fertilizers (Department of Fertilizers) Notification S.O. 1075 (E) dated the 1st October, 2004, indicating the supplies of urea to be made by domestic manufacturers of urea to the States and Union Territories during Rabi 2004-05, under sub-section (6) of section 3 of the Essential Commodities Act, 1955. II. A copy each (in English and Hindi) of the following papers, under sub-section (1) of section 619A of the Companies Act, 1956:— (i) (a) Fortieth Annual Report and Accounts of the Hindustan Steelworks Construction Limited (HSCL), Kolkata, for the year 2003-2004, together with the Auditor's Report on the Accounts and the comments of the Comptroller and Auditor General of thereon. (b) Review by Government on the working of the above Company. (ii) (a) Annual Report and Accounts of the Bharat Refractories Limited (BRL), Bokaro Steel City, for the year 2003-2004, 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 Company. (iii) (a) Twenty-second Annual Report and Accounts of the Rashtriya Ispat Nigam Limited, Visakhapatnam, for the year 2003-2004, 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 Company.

Shri Kantilal Bhuria (Minister of State in the Ministry of Agriculture and Minister of State in the Ministry of Consumer Affairs, Food & Public Distribution) laid on the Table a copy (in English and Hindi) of the Ministry of Agriculture (Department of Agriculture and Cooperation) Notification G.S.R. 516 (E) dated the 11th August, 2004 rescinding the Insecticides (Price, Stock Display and Submission of Reports) Order, 1986, under sub-section (6) of section 3 of the Essential Commodities Act, 1955.

Shri Taslimuddin (Minister of State in the Ministry of Agriculture and Minister of State in the Ministry of Consumer Affairs, Food & Public Distribution) laid on the Table a copy each (in English and Hindi) of the following papers:— (i) (a) Thirty-third Annual Report and Accounts of the Super Bazar, New Delhi for the year 1998-99, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the Super Bazar. (c) Statement giving reasons for the delay in laying the papers mentioned at (a) above. (ii) (a) Thirty-fourth Annual Report and Accounts of the Super Bazar, New Delhi for the year 1999-2000, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the Super Bazar. (c) Statement giving reasons for the delay in laying the papers mentioned at (a) above. (iii)(a) Thirty-fifth Annual Report and Accounts of the Super Bazar, New Delhi for the year 2000-2001, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the Super Bazar. (c) Statement giving reasons for the delay in laying the papers mentioned at (a) above. (iv) (a) Thirty-sixth Annual Report and Accounts of the Super Bazar, New Delhi for the year 2001-2002, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the Super Bazar. (c) Statement giving reasons for the delay in laying the papers mentioned at (a) above.

Dr. Akhilesh Prasad Singh (Minister of State in the Ministry of Agriculture and Minister of State in the Ministry of Consumer Affairs, Food & Public Distribution) laid on the Table:-

I. A copy each (in English and Hindi) of the following papers, under sub-section (2) of section 35 of the Food Corporation of India Act 1964:— (a) Annual Report and Accounts of the Food Corporation of India (FCI), New Delhi, for the year 2001-2002, together with the Auditor's Report on the Accounts. (b) Review by Government on the working of the above Corporation.

II. Statement (in English and Hindi) giving reasons for the delay in laying the papers mentioned at (1) above. 12-03 p.m. 4. Messages from I. The Customs and Central Excise Laws (Repeal) Bill, 2004 II. The Banking Regulation (Amendment) and Miscellaneous Provisions Bill, 2004 Secretary-General reported to the House the following messages received from Lok Sabha, signed by the Secretary-General of the Lok Sabha:— (I) “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 Customs and Central Excise laws (Repeal) Bill, 2004, as passed by Lok Sabha at its sitting held on the 1st December, 2004. The Speaker has certified that this Bill is a Money Bill within the meaning of article 110 of the Constitution of India.” (II) “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 Banking Regulation (Amendment) and Miscellaneous Provisions Bill, 2004, as passed by Lok Sabha at its sitting held on the 2nd December, 2004.” 5. Bills Laid on the Table Secretary-General laid on the Table a copy each of thefollowing Bills, as passed by Lok Sabha:— (I) The Customs and Central Excise Laws (Repeal) Bill, 2004; and (II) The Banking Regulation (Amendment) and Miscellaneous Provisions Bill, 2004. 12-04 p.m. 6. Statement regarding Government Business Shri , Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Ministry of Parliamentary Affairs made a statement regarding Government Business in the Rajya Sabha during the week commencing Monday, the 6th December, 2004.

12-06 p.m. 7. Special Mentions 12-06 p.m. 1. Shri N.K. Premachandran raised a matter regarding request for setting up a Wage Board to revise the wages of media persons in the country. 12-08 p.m. 2. Shri C. Perumal raised a matter regarding demand for interlinking of rivers of the country. 12-10 p.m. 3. Shri Rajkumar Dhoot raised a matter regarding concern over loss of lives on National Highways. 12-12 p.m. 4. Shri R. Kamaraj raised a matter regarding need to take suitable policy measures for enhancing export potential of medicinal plants. 12-15 p.m. 5. Prof. M.M. Agarwal** raised a matter regarding need to take steps to check the spread of Japanese encephalitis disease in various parts of the country. 12-17 p.m. 6. Shrimati Savita Sharda** raised a matter regarding increase in the minimum support price of cotton in Gujarat. ______** Spoke in Hindi. 12-19 p.m. 7. Shri V. Narayanasamy raised a matter regarding need to exploit ocean resources in the country. 12-21 p.m. 8. Shri Manoj Bhattacharya raised a matter regarding demand for intervention by the government for retirement benefits to the Indians employed in the USA. 12-23 p.m. 9. Shri Kalraj Mishra** raised a matter regarding concern over Naxalites menace in some parts of Uttar Pradesh. 12-26 p.m. 10. Prof. Saif-ud-Din Soz raised a matter regarding need for providing telephone facility at Machil in Kupwara district of J&K. 12-28 p.m. 11. Shrimati Vanga Geetha raised a matter regarding demand to include whole Andhra Pradesh in the National Food for Work Programme. 12-29 p.m. 13. Shri Santosh Bagrodia raised a matter regarding need for initiating steps to bring back the prisoners of war from Pakistani Jails. 12-32 p.m. 14. Dr. T. Subbarami Reddy raised a matter regarding need for central assistance of Rs. 144 crore to the sugar factories in Andhra Pradesh.

(The House adjourned at 12-33 p.m. and re-assembled at 2-33 p.m.) 2-33 p.m. 8. Private Members’ Bills — Introduced 2-33 p.m. (1) The Housemaids and Domestic Servants (Conditions of Service and Welfare) Bill, 2004 was introduced by Shrimati Prema Cariappa. ______** Spoke in Hindi. 2-34 p.m. (2) The Prohibition of Publication or Telecast of Vulgar, Obscene and Surrogate Advertisements and re-Mix Songs by Print and Electronic Media Bill, 2004 was introduced by Shrimati Prema Cariappa. (3) The Constitution (Amendment) Bill, 2004 (to amend the Eighth Schedule) was introduced by Shrimati Prema Cariappa. 2-35 p.m. (4). The Constitution (Amendment) Bill, 2004 (insertion of new article 16A) was introduced by Shrimati Sarla Maheshwari.** (5) The Constitution (Amendment) Bill, 2004 (insertion of new article 16A) was introduced by Shrimati Sarla Maheshwari.** 2-36 p.m. (6) The Recovery of Debts Due to Banks and Financial Institutions (Second amendment) Bill, 2003 was introduced by Shri K.B. Krishna Murthy. (7) The Constitution (Amendment) Bill, 2003 (to amend article 198) was introduced by Shri K.B. Krishna Murthy. (8) The Constitution (Amendment) Bill, 2004 (to amend article 220) was introduced by Shri K.B. Krishna Murthy. 2-37 p.m. (9) The Prevention of Cruelty to Animals (Amendment) Bill, 2004 was introduced by Shri Abu Asim Azmi. 2-38 p.m. (10) The Prevention of Distress Sale of Agricultural Produce by Farmers through Compulsory Market Intervention and Other Means Bill, 2004 was introduced by Shri Raj Kumar Dhoot. (11) The Neglected, Exploited and Underprivileged Children (Welfare) Bill, 2004 was introduced by Shri Raj Kumar Dhoot. ______** Spoke in Hindi. 2-39 p.m. (12) The Victims of Terrorism (Compensation and Rehabilitation) Bill, 2004 was introduced by Shri Raj Kumar Dhoot. 2-40 p.m. (13) The Constitution (Amendment) Bill, 2004 (to amend articles 217 and 224) was introduced by Shri Fali S. Nariman. (14) The Judicial Statistics Bill, 2004 was introduced by Shri Fali S. Nariman. (15) The Disruption of Proceedings of Parliament (Disentitlement of Allowances to Members) Bill, 2004 was introduced by Shri Fali S. Nariman.. 2-41 p.m. (16) The Constitution (Amendment) Bill, 2004 (to amend article 275) was introduced by Dr. T. Subbarami Reddy. (17) The Prevention of Food Adulteration (Amendment) Bill, 2004 was introduced by Dr. T. Subbarami Reddy. 2-42 p.m. (18) The Constitution (Amendment) Bill, 2004 (to amend articles 243 ZD and 243 ZE) was introduced by Dr. T. Subbarami Reddy. 2-43 p.m. (19) The Government Employees (Social Security Rights) Bill, 2004 was introduced by Shri R. Shunmugasundaram. 2-44 p.m. (20) The Shahtoosh Shawl (Prevention of Sale and Possession) Bill, 2004 was introduced by Shri Santosh Bagrodia. (21) The Economic Offences (Prevention of Arrest on Mere Suspicion) Bill, 2004 was introduced by Shri Santosh Bagrodia. (22) The Prevention of Domestic Violence Against Women and Girls Bill, 2004 was introduced by Shri Santosh Bagrodia. 2-45 p.m. (23) The Equitable Distribution of Inter-State River Water Bill, 2004 was introduced by Shri R. Sarath Kumar. 2-46 p.m. (24) The Salaries and Allowances of Officers of Parliament (Amendment) Bill, 2004 was introduced by Shri Lalit Suri. (25) The Constitution (Amendment) Bill, 2004 (to amend articles 153, 156, etc.) was introduced by Shri Lalit Suri. 2-49 p.m.## (26) The Destitute, Poor and Infirm Citizens (Maintenance Rehabilitation and other welfare measures) Bill, 2004 was introduced by Dr. Prabha Thakur.** (27) The Girl Child Victim of Prostitution (Rescue, Rehabilitation and Miscellaneous Provisions) Bill, 2004 was introduced by Dr. Prabha Thakur.** 2-50 p.m. (28) The Agriculture in Arid, Desert and Drought Prone Areas (Special Incentives) Bill, 2004 was introduced by Dr. Prabha Thakur.** 2-51 p.m. (29) The Constitution (Amendment) Bill, 2004, (to amend articles 341 and 342) was introduced by Shri Silvius Condpan. 2-52 p.m. (30) The Constitution (Amendment) Bill, 2004 (to amend article 275) was introduced by Shri Kripal Parmar.** (31) The Ban on Contesting Elections by Certain Persons Bill, 2004 was introduced by Shri Kripal Parmar.** (32) The Constitution (Amendment) Bill, 2004 (to amend articles 58,66, 84 and 173) was introduced by Shri Kripal Parmar.** ______** Spoke in Hindi. ## From 2-47 p.m. to 2-49 p.m. see item No.9. 9. Private Member’s Bill – Introduction deferred@@ Shri Lalit Suri moved for leave to introduce the Customs (Amendment) Bill, 2004. The motion for introduction of the Bill was opposed by Shri S.S. Palanimanickam, Minister of State in the Ministry of Finance, on the ground that the Bill was a Money Bill. Shri Suresh Pachouri, Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Ministry of Parliamentary Affairs also spoke. The Deputy Chairman directed that as the question whether the Bill was a Money Bill or not was not free from doubt, a reference under rule 186(8) of the Rules of Procedure and Conduct of Business in Rajya Sabha, be made to the Speaker of Lok Sabha for his decision in accordance with clause (3) of article 110 of the Constitution. 2-53 p.m. 10. Private Member’s Bill – Withdrawn 2-53 p.m. The Property Rights of Women and Girls Bill, 2002. Further discussion on the motion for consideration of the Bill moved by Shrimati Kum Kum Rai on the 9th July, 2004, continued. The following Members took part in the discussion:— 2-53 p.m. 1. Dr. T. Subbarami Reddy 3-01 p.m. 2. Prof. Saif-ud-Din Soz 3-09 p.m. 3. Shri Fali S. Nariman 3-12 p.m. 4. Shri Jairam Ramesh 3-19 p.m. 5. Shri R. Sarath Kumar 3-22 p.m. 6. Dr. Prabha Thakur** 3-29 p.m. 7. Shri Arun Jaitley 3-40 p.m. 8. Shri Dharam Pal Sabharwal**

______@@ At 2-47 p.m. ** Spoke in Hindi. 3-46 p.m. 9. Shri Sharad Anantrao Joshi 3-52 p.m. 10. Shri Hansraj Bhardwaj (Minister of Law and Justice) 4-10 p.m. Shrimati Kum Kum Rai** replied to the debate. 4-14 p.m. The Bill was withdrawn by leave of the House.

(The House adjourned at 4-16 p.m. till 11-00 a.m. on Monday, the 6th December, 2004)

______** Spoke in Hindi.