RAJYA SABHA —— REVISED LIST OF BUSINESS Friday, March 20, 2015 11 A.M. ——— PAPERS TO BE LAID ON THE TABLE I. Following Ministers to lay papers on the Table entered in the separate list: — 1. SHRI D.V. SADANANDA GOWDA for Ministry of Law and Justice; 2. SUSHRI UMA BHARATI for Ministry of Water Resources, River Development and Ganga Rejuvenation; 3. DR. NAJMA A. HEPTULLA for Ministry of Minority Affairs; 4. SHRI RAMVILAS PASWAN for Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public Distribution and Department of Consumer Affairs; 5. SHRI RAVI SHANKAR PRASAD for Ministry of Communications and Information Technology and Department of Telecommunications; 6. SHRI THAAWAR CHAND GEHLOT for Ministry of Social Justice and Empowerment; 7. GENERAL (RETD.) V.K. SINGH for Ministry of Statistics and Programme Implementation; 8. SHRI SANTOSH KUMAR GANGWAR for Ministry of Textiles; 9. SHRI PRAKASH JAVADEKAR for Ministry of Environment, Forests and Climate Change; 10. SHRIMATI NIRMALA SITHARAMAN for Department of Commerce; 11. DR. MAHESH SHARMA for Ministry of Tourism; 12. SHRI MOHANBHAI KALYANJIBHAI KUNDARIYA for Ministry of Agriculture, Department of Animal Husbandry, Dairying and Fisheries and Department of Agriculture and Co-operation; 13. SHRI HANSRAJ GANGARAM AHIR for Department of Fertilizers and Department of Chemicals and Petrochemicals; 14. SHRI MANOJ SINHA for Ministry of Railways; 15. SHRI UPENDRA KUSHWAHA for Ministry of Human Resource Development; 16. SHRI RADHAKRISHNAN P. for Ministry of Shipping; 164 17. PROF.(DR.) RAM SHANKAR KATHERIA for Ministry of Human Resource Development; and 18. COL. RAJYAVARDHAN SINGH RATHORE for Ministry of Information and Broadcasting. II. SHRI JAYANT SINHA to lay on the Table, under clause (1) of article 151 of the Constitution, a copy each (in English and Hindi) of the following Reports:— (i) Report of the Comptroller and Auditor General of India for the year ended March, 2014 - Union Government - Department of Revenue - Direct Taxes, Report No. 3 of 2015; and (ii) Report of the Comptroller and Auditor General of India for the year ended March, 2014 - Performance Audit on Assessment of Assessees in Pharmaceuticals Sector - Union Government - Department of Revenue - Direct Taxes, Report No. 5 of 2015. ———— STATEMENTS BY MINISTERS 1. SHRI ARUN JAITLEY to make a statement regarding Status of implementation of recommendations contained in the Sixty-eighth Report of the Department-related Parliamentary Standing Committee on Finance (2013-14) (15th Lok Sabha) pertaining to the Department of Revenue, Ministry of Finance. 2. DR. MAHESH SHARMA to make a statement regarding Status of implementation of recommendations contained in the Two Hundred and Tenth Report of the Department-related Parliamentary Standing Committee on Transport, Tourism and Culture on the recommendations/observations of the Committee contained in its One Hundred and Eighty-eighth Report on Functioning of the Commission of Railway Safety. ———— #QUESTIONS QUESTIONS entered in separate lists to be asked and answers given. ———— LEGISLATIVE BUSINESS Bills for consideration and passing The Mines and 1. FURTHER CONSIDERATION of the following motion moved Minerals by Shri Narendra Singh Tomar on the 19th March, 2015, and the amendment (Development and moved thereto:– Regulation) "That the Bill further to amend the Mines and Minerals Amendment Bill, 2015. (Development and Regulation) Act, 1957, as passed by Lok Sabha and as reported by the Select Committee of Rajya Sabha, be taken into consideration." SHRI NARENDRA SINGH TOMAR to move that the Bill be passed. # At 12 Noon. 165 2. SHRI PIYUSH GOYAL to move that the Bill to provide for The Coal Mines allocation of coal mines and vesting of the right, title and interest in and (Special Provisions) over the land and mine infrastructure together with mining leases to Bill, 2015. successful bidders and allottees with a view to ensure continuity in coal mining operations and production of coal, and for promoting optimum utilization of coal resources consistent with the requirement of the country in national interest and for matters connected therewith or incidental thereto, as passed by Lok Sabha and as reported by the Select Committee of Rajya Sabha, be taken into consideration. ALSO to move that the Bill be passed. 3. SHRI KIREN RIJIJU to move that the Bill further to amend the The Andhra Pradesh Andhra Pradesh Reorganisation Act, 2014, as passed by Lok Sabha, be Reorganisation taken into consideration. (Amendment) Bill, 2014. ALSO to move that the Bill be passed. ———— PRIVATE MEMBERS' BUSINESS (RESOLUTIONS) 1. FURTHER DISCUSSION on the following Resolution moved by SHRI AVINASH PANDE on the 19th December, 2014:— “Having regard to the fact that:- (a) the Constitution of India envisages a system wherein the Union Executive is held accountable to the Union Legislature, and the Union Legislature is held accountable to the citizens of India; (b) separation of powers between the Legislature, Executive and Judiciary has been recognized to be part of the basic structure of the Constitution of India by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala; (c) the Supreme Court of India in the landmark case of Ram Jawaya v. State of Punjab, upheld that the functions of the different parts or branches of the Government have been sufficiently differentiated and consequently it can very well be said that our Constitution does not contemplate assumption by one organ or part of the State, the functions that essentially belong to another; (d) the functions of the Union Legislature under the Constitution are clearly and unequivocally restricted to lawmaking and ensuring accountability in the exercise of Executive powers by the Government; (e) the Union Executive is vested with the powers of implementation of laws enacted by Parliament and limited powers of legislation to aid implementation within the Constitutional framework; (f) there is nothing in the Constitution of India which empowers the Union Legislature or individual Members of Parliament to undertake the executive function of implementing the laws 166 enacted by Parliament or Schemes formulated by the Union Government; and (g) the Guidelines for Vigilance and Monitoring Committees at State and District levels were formulated by the Ministry of Rural Development for the constitution of State and District Level Vigilance and Monitoring Committees to provide a crucial role to sitting Members of Parliament to ensure the effective monitoring of the implementation of and expenditure upon rural development programmes of the Ministry of Rural Development, this House is of the opinion:- (i) that the Guidelines of the Saansad Adarsh Gram Yojana (hereinafter “the Scheme”) issued by the Ministry of Rural Development on October 11, 2014 are vague, unclear and incapable of implementation in its present form; (ii) that the powers sought to be vested in Members of Parliament under the Scheme guidelines create a conflict of interest for Members of Parliament who are nominated to the State and District Level Vigilance and Monitoring Committees pursuant to the Guidelines for Vigilance and Monitoring Committees at State and District levels to monitor Rural Development Programmes formulated by the Ministry of Rural Development and hamper the effective discharge of their duties to: (a) supervise, exercise vigilance and monitor the implementation of programmes of the Ministry of Rural Development, and (b) monitor the flow of funds through various channels; (iii) that the Guideline no. 12(a) designates Members of Parliament as agencies of implementation under the Scheme by vesting in Members of Parliament the following powers: (a) identify and select the Adarsh Gram, (b) initiate start-up activities to build up the right environment, and (c) mobilise additional resources to the extent possible, particularly from Corporate Social Responsibility (CSR) and philanthropists; (iv) that the Scheme guidelines, by making individual Members of Parliament interested parties in the actual implementation of the Scheme and through it, other Centrally Sponsored Schemes, indirectly curtail the power of the Parliament to question the Government and hold it accountable in respect of the implementation of the same; (v) that Guideline no. 12(b), by designating the Ministry of Rural Development as the nodal ministry, attempts to empower the Executive to hold individual legislators accountable to the Executive; 167 (vi) that Guideline no. 10 of the Scheme, which mandates that a facilitatory role is to be played by Members of Parliament in the planning process of the Village Development Plan, by spearheading interactions with the Gram Sabha, tampers with the three-tier federal structure of governance, and tantamounts to a sanctioning of undue influence and interference into the functioning of bodies of local self-government by the members of the Union Legislature; (vii) that the Scheme Guidelines permit collusive and corrupt practices as they do not specify: (a) that Members of Parliament should not be permitted to adopt villages where they own any property, business or financial interests, (b) the manner in which Non-Government Organizations (NGOs) and expert agencies are to be selected and appointed to conduct baseline surveys; (c) the manner in which Members of Parliament are to liaison with the private sector to raise and mobilize Corporate Social Responsibility (CSR) funds from companies; or (d) the manner in which