MONDAY, the 7TH DECEMBER, 1998 (The Rajya Sabha Met in The
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MONDAY, THE 7TH DECEMBER, 1998 (The Rajya Sabha met in the Parliament House at 11.00 a.m.) 1. PAPERS LAID ON THE TABLE Shri Sikander Bakht (Minister of Industry) laid on the Table- I. A copy (in English and Hindi) of the Ministry of Industry (Department of Industrial Deve- lopment) Notification No. G.S.R. 487(E), dated the 10th August, 1998, publishing the Gas Cylinder (Amendment) Rules, 1998, under section (8) of section 18 of the Explosives Act 1984. II. A copy (in English and Hindi) of the Ministry of Industry Notification S. O. 874(E), dated the 25th September, 1998 notifying the M/s. Kasat paper and Pulp Limited, Village Bebedohal, Taluka Maval,, District Pune in the estate of Maharasthra as a mill producing newsprint, under the Newsprint Control Order, 1962, under sub-section (3) of section 6 of the Essential Commodities Act, 1955. III. A copy each (in English and Hindi) of the following papers:- (i) (a) Twenty-eight Annual Report and Accounts of the Automotive Research Association on India, Pune, for the year 1997-98, together with the Auditors' Report on the Accounts. (b) Statement by Government accepting the above Report. (ii) (a) Thirty-seventh Annual Report and Accounts of the National Institute of Design, Ahmedabad, for the year 1997-98, together with the Auditors' Report on the Accounts. (b) Statement by Government accepting the above Report. (iii) (a) Annual Report and Accounts of the Institute for Design of Electrical Measuring Instruments, Mumbai, for the year 1997-98, together with the Auditors' Report on the Accounts. (b) Statement by Government accepting the above Report. (iv) Thirty-ninth Annual Report (1997-98) of the Controller General of Patents, Designs and Trade Marks on the Trade Marks under Section 126 of the Trade and Merchandise Marks Act, 1958. (v) Twenty-sixth Annual Report (1997-98) of the Controller General of Patents, Designs and Trade Marks on the Patents, under section 155 of the Patents Act, 1970. (vi) (a) Annual Report and Accounts of the Central Pulp and Paper Research Institute, Saharanpur (U.P.) for the year 1997-98, together with the Auditors' Report on the Accounts. (b) Review by Government on the working of the above Institute. SHRIMATI RAMAKRISHNA HEGDE (Minister of Commerce) laid on the Table, a copy each (in English and Hindi) of the following papers:- (i) (a) Sixteenth Annual Report and Accounts of the Indian Diamond Institute, Surat, for the year 1997-98, together with the Auditors' Report on the Accounts. (b) Review by Government on the working of the above Institute. (ii) Memorandum of Understanding between the Government of India (Ministry of Commerce) and India Trade Promotion Organisation for the year 1998-99. DR. SATYANARAYAN JATIYA (Minister of Labour) laid on the Table- I. A copy each (in English and Hindi) of the following Notification of the Ministry of Labour, under sub-section (3) of Section 37 of the Apprentices Act, 1961 :- (i) G.S.R. No. 107, dated the 6th June, 1998, publishing the Apprenticeship (Amendment) Rules, 1998. (ii) G.S.R. No. 110, dated the 13th June, 1998, publishing the Apprenticeship (Amendment) Rules, 1998. (iii) G.S.R. No. 123, dated the 4th July, 1998, publishing the Apprenticeship (Amendment) Rules, 1998. II. A copy each (in English and Hindi) of the following Notification of the Ministry of Labour :- (i) G.S.R. No. 157, dated the 15th August, 1998, publishing corrigendum to notification G.S.R. 123, dated the 24th June, 1998. (ii) G.S.R. No. 152, dated the 8th August, 1998, publishing corrigendum to Hindi version of Notification G.S.R. 110, dated the 4th June, 1998. (iii) G.S.R. No. 151, dated the 8th August, 1998 publishing corrigendum to Hindi version of Notification G.S.R. 107, dated the 27th May, 1998. SHRIMATI MANEKA GANDHI (Minister of State (Independent Charge) in the Ministry of Welfare) laid on the Table, under sub-section (3) of Section 12 of the Wakf Act, 1995 a copy (in English and Hindi) of the Ministry of Social Justice and Empowerment Notification GSR 593(E), dated the 30th September, 1998 publishing the Central Wakf Council Rules, 1998. SHRI RAM JETHMALANI (Minister of Urban Development) laid on the Table, a copy each (in English and Hindi) of the following papers:- (i) Annual Report and Accounts of the National Institute of Urban Affairs, New Delhi, for the year 1997-98, together with the Auditors' Report on the Accounts. (ii) Statement by Government accepting the above Report. 2. RULING BY CHAIRMAN The Chairman gave the following Ruling :- Hon'ble Members may recall the on 23rd July, 1998 while a Special Mention was being made regarding "decision of the Mahdya Pradesh Government to hand over diamond deposits in Behradin Block in Raipur District to a Mumbai-based Diamond Consortium for exploration and exploration of diamonds", I had suspended the Special Mention when some Members raised the following objections :- (i) Shri Vayalar Ravi's objection was that the subject matter of the Special Mention, being a State subject, could not be raised in the House. (ii) Shri Pranab Mukherjee's objections were regarding- (a) the use of particular expression by Shri Gurudas Das Gupta while addressing the Chair; and (b) the propriety of any member makings insinuation against a State Government. 2. I had stated that I would examine the matter and give a Ruling. My Ruling is as follows : 3. I will first address the objection of Shri Vayalar Ravi. I find that Entry 54 of the Union List, read with Entry 23 of State List, in the 7th Schedule of the constitution and provision of the Mines and Minerals (Regulation and Development) Act, 1957 as also available precedents, make amply clear that the Central Government have authority with reference to prospecting and mining, particularly of precious stones. no prospecting or mining lease can be granted by any state Government except with the prior approval of Central Government. 4. I have also gone through the reply given on 20th July, 1998 to Unstarred Question No. 3627 of Shri Raghavji and Shri Govindram Miri by the Minister of State in the Ministry of Steel and Mines which inter-alia stated that no prospecting licence or mining lease for precious stones, such as Diamonds, could be granted by State Government except with the previous approval of the Central Government under the Mines and Minerals (Regulation and Development) Act, 1957. 5. In the light of these facts, it is evident that prospecting and mining of precious stones attracts the authority of the Union Government therefore can be raised in the House. 6. The objection of Shri Vayalar Ravi is thus not maintainable and accordingly I overrule it. 7. I now turn to the points raised by Shri Pranab Mukherjee. As regards his point on the use of an expression while addressing the Chair I am of the opinion that, that expression is not commensurate with the dignity of the Chair, to whom that expression was addressed. Therefore, I have decided to expunge that expression from the records of the proceedings. 8. His second objection was with regard to the propriety of the insinuation against a State Government by a Member of the House who, while making his submission, stated that there was some exchange of benefit etc. I have seen the record and found that Shri Gurudas Das Gupta had used such an expression. The rules, practice and etiquette of the house require that Members should not raise questions which are ironical expressions, imputations and deframatory. Rule 238 (vii) is specific in this behalf. members are expected to maintain decorum and digniy in debates. Similarly Rule 47(2) (iv) and Rule 139 (ii) indicate that questions and motions will not contain arguments, inferences, ironical expressions, imputation or defamatory statements. I have accordingly decided that the insinuating or defamatory remarks regarding the Government of Madhya Pradesh of Shri Gurudas Das Gupta be expunged under Rule 261. The secretariat will convey the expunged portions of the proceedings to the members concerned. 9. The matter now stands closed. 3. GOVERNMENT MOTION Shrimati Maneka Gandhi (Minister of State (Independent Charge) in the Ministry of Welfare replied to the following Motion moved by her on the 1st December, 1998: "That this House do consider the Thirtieth Report of the erstwhile Commissioner for Scheduled Castes and Scheduled Tribes for the year 1989-91 laid on the Table of Rajya Sabha on the 27th July, 1998." The discussion was concluded. 4. SHORT DURATION DISCUSSION Shri Pranab Mukherjee raised a discussion on the current economic situation and its implications on various aspects of Indian Economy including price rise and recession. (The House adjourned for lunch at 1.04 p.m. and re-assembled at 2.08 p.m.) Members took part in the discussion. The discussion was not concluded. (The House adjourned at 5.03 p.m. till 11.00 a.m. on Tuesday, the 8th December, 1998.) .