LOK SABHA ___
SYNOPSIS OF DEBATES (Proceedings other than Questions & Answers) ______
Tuesday, January 2, 2018/Pausha 12, 1939 (Saka) ______
FELICITATION BY THE SPEAKER
HON'BLE SPEAKER: I wish you all a very happy new year. May this year be auspicious for you all.
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REFERENCE BY SPEAKER
HON'BLE SPEAKER: Hon'ble Members, in a dastardly terrorist attack, 5 security personnel of the Central Reserve Police Force were martyred when heavily armed terrorists stormed a security camp in Pulwama district of Jammu and Kashmir on 31 December, 2017.
The House expresses its profound sorrow on this cowardly attack which has brought pain and suffering to the families of deceased.
The Members, then, stood in silence for a short while.
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STATEMENT BY MINISTER
Re: Introduction of the Scheme of Electoral Bonds
THE MINISTER OF FINANCE AND MINISTER OF CORPORATE
AFFAIRS (SHRI ARUN JAITLEY): I had announced in the Budget Speech of
2017-2018 to bring in a scheme of Electoral Bonds to clean the system of political funding in the country. The Government has now finalised the scheme of Electoral
Bonds. The Scheme will be notified today. Broad contours of the Scheme are:
Electoral Bond would be a bearer instrument in the nature of a Promissory Note and an interest free banking instrument. A citizen of India or a body incorporated in India will be eligible to purchase the bond. Electoral bond would be issued/purchased for any value, in multiple of Rs. 1,000, Rs. 10,000, Rs.
10,00,000 and Rs. 1,00,00,000 from the specified branches of the State Bank of
India (SBI). The purchaser would be allowed to buy electoral bond(s) only on due fulfilment of all the extant KYC norms and by making payment from a bank account. It will not carry the name of payee. Electoral Bonds would have a life of only 15 days during which it can be used for making donation only to the political parties registered under section 29A of the Representation of the Peoples Act, 1951
(43 of 1951) and which secured not less than one per cent of the votes polled in the last general election to the House of the People or Legislative Assembly. The bonds under the Scheme shall be available for purchase for a period of 10 days each in the months of January, April, July and October, as may be specified by the
Central Government. An additional period of 30 days shall be specified by the
Central Government in the year of the General election to the House of People.
The bond shall be encashed by an eligible political party only through a designated bank account with the authorised bank.
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MOTION
Re: Appointment of Member of Rajya Sabha to the Joint Committee on the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Amendment) Second Bill, 2015
SHRI GANESH SINGH moved that this House do recommend to Rajya
Sabha that Rajya Sabha do appoint one member of Rajya Sabha to serve as member of the Joint Committee on the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment)
Second Bill, 2015 vice Shri Sharad Yadav, ceased to be a member of the Joint
Committee on disqualification of his membership from the Rajya Sabha and do communicate to this House the name of the member so appointed by Rajya Sabha to the Joint Committee.
The motion was adopted.
______STATUTORY RESOLUTION
Re: Increase in basic Customs Duty on various goods
THE MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI SHIV PRATAP SHUKLA) moved that in pursuance of section 8A(1) of the Customs Tariff Act, 1975, read with sub-section (3) of section 7 of the said Act, this House hereby approves of No.91/2017-Customs, dated 14th
December, 2017 [G.S.R.1514 (E). dated 14th December, 2017] which seeks to increase the basic customs duty (BCD) on the following goods, as under:-
Tariff Head/ Description From To
Sub-Head/
Item
8516 50 00 Microwave Ovens 10% 20%
8517 12 10 Telephones for cellular networks 10% 15%
or for other wireless networks
(push button type)
8517 12 90 Telephones for cellular networks 10% 15%
or for other wireless networks (other than push button type)
8521 90 90 Other video recording or 10% 15%
reproducing apparatus, whether
or not incorporating a video tuner
8525 80 Television cameras, digital 10% 15%
cameras and video camera
recorders
8528 71 00 Reception apparatus for 10% 20%
television not designed to
incorporate a video display or
screen [whether or not
incorporating radio broadcast
receivers or sound or video
recording or reproducing
apparatus]
8528 72 Other color reception apparatus 10% 20%
for television, whether or not incorporating radio broadcast
receivers or sound or video
recording or reproducing
apparatus
8539 50 00 Light-emitting diode (LED) 10% 20%
lamps
9028 30 Electricity meters 10% 15%
9405 Lamps and lighting fittings 10% 20% including searchlights and spotlights and parts thereof, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like, having a permanently fixed light source, and parts thereof not elsewhere specified or included.
The Resolution was adopted.
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SUBMISSIONS BY MEMBERS
(1) Re: Recent attack on CRPF training centre in Pulwama
THE MINISTER OF CHEMICALS AND FERTILIZERS; AND
MINISTER OF PARLIAMENTARY AFFAIRS (SHRI ANANTHKUMAR) responding to the issue raised by several Members, said: The entire country expresses its profound sorrow for the soldiers who have been martyred in
Pulwama. We pay our tribute to them. Our security forces were successful in eliminating three infiltrating terrorists. Indian Army has eliminated more than 200 hundred terrorists during the last one year. If someone has to be given credit for this war, we should solute our martyrs and credit must go to our valiant soldiers.
The Union Government has made every effort during the last three and a half years from carrying out surgical strike to ensuring the security of our borders.
THE MINISTER OF STATE IN THE MINISTRY OF HOME
AFFAIRS (SHRI HANSRAJ GANGARAM AHIR) also responding, said: The entire country expresses its profound sorrow on the incident that took place yesterday. At around 3:35 a.m. on 31st December, 2017, three terrorists equipped with large quantity of sophisticated weapons attacked the Central Reserve Police
Forces' Group Center, 185 battalion located at Lethpura, Pulwama. The terrorists entered the Administrative Bock of the Center amid a volley of fire and throwing of grenade. In the initial exchange of fire, three jawans of the CRPF got hit by the bullets. Immediately after getting information about the incident, 50 RR&SOGC
Units of the Army reached over there and the encounter started. During the retaliatory action, three other jawans of the CRPF were martyred. The other injured jawans were admitted into the 92 base hospital of the Army located at
Badami Bagh. During this action, an officer has been confirmed dead due to heart attack. During the action of the security forces, two terrorists were killed. During the search operation restarted on 1st January, 2018, another terrorist hiding inside started firing on security forces who was killed in the counter attack. Three security personnel were also injured in this attack. There has been partial damage to the administrative building of the Group Center of the CRPF located at Pulwama during this attack and an F.I.R. has been registered in this regard. The General Philip
Compose Committee Report related to the security of the camps meant for ensuring security. The Defence Ministry is also working on this report. The fund provided for police modernization will also be utilized for the modernization of the police force of the State.
From 2010 to 2013, 1218 terrorist incidents took place. From 2014 to 2017, these numbers have declined to 1094 incidents. Besides, from 2010 to 2013, 108 citizens lost their lives in terrorist incidents. However, since the advent of this
Government only, 100 citizens have lost their lives from 2014 to 2017. This number has also witnessed a decline. At the same time, I would like to submit that during the encounters of the terrorists by our Armed Forces, 471 terrorists had been killed from
2010 to 2013, while from 2014 to 2017, 580 terrorists have been eliminated. This is an achievement of the Government. The Government does not leave any stone unturned in combating the terrorists and is committed to provide all the equipments to security forces for their modernization.
(2) Re: Need to resolve drinking water problem in Karnataka
THE MINISTER OF CHEMICALS AND FERTILIZERS; AND
MINISTER OF PARLIAMENTARY AFFAIRS (SHRI ANANTHKUMAR) responding to the issue raised by several hon. Members, said: On Mahadayi issue the hon. Chief Minister of Goa has already written a letter to the former Chief
Minister of Karnataka, Shri B.S. Yeddyurappa to provide 7.56 TMC feet of water for drinking purposes. He is ready to have an outside tribunal negotiation. Now, it is the responsibility of the Chief Minister of Karnataka to have talks with the Goa
Chief Minister because Goa Chief Minister has already come one step forward.
We should better utilize this opportunity in the interest of the farmers and for drinking water purposes because we have the drought-prone area in North
Karnataka.
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*MATTERS UNDER RULE 377
1. SHRI BHAIRON PRASAD MISHRA laid a statement regarding need
to set up animal shelters with proper fodder and water facility for 'Anna
Pratha' cattle causing damage to crops in Banda and Chitrakoot districts
of Uttar Pradesh.
2. SHRI BHANU PRATAP SINGH VERMA laid a statement regarding
need to set up a training centre of para-military force in Madhogarh
Tehsil of Jalaun Parliamentary Constituency, Uttar Pradesh.
3. SHRI GANESH SINGH laid a statement regarding need to make public
the details of Socio-Economic Caste Census, 2011.
4. SHRI RAGHAV LAKHANPAL laid a statement regarding need to
develop infrastructure around Mata Shakumbhari Devi Temple in
Saharanpur, Uttar Pradesh.
5. SHRI RAHUL KASWAN laid a statement regarding need to provide
allotted quantity of wheat to Churu district in Rajasthan under Food
Security Scheme.
6. SHRI A.T. NANA PATIL laid a statement regarding need to accord
approval to DPR of Warkhede Londhe Medium Barrage Project on river
Girna in Jalgaon Parliamentary Constituency, Maharashtra.
* Laid on the Table as directed by the Speaker. 7. SHRI PARVESH SAHIB SINGH VERMA laid a statement regarding
need to regulate price of diagnostic tests for swine influenza.
8. SHRI CHHEDI PASWAN laid a statement regarding need to construct
a railway line from Dildarnagar (U.P.) to Sasaram (Bihar) via Nuanv-
Kochas-Kargahar.
9. DR. KIRIT P. SOLANKI laid a statement regarding need for research
on Thalassemia gene therapy.
10. SHRI JAGDAMBIKA PAL laid a statement regarding construction of a
new railway line connecting Buddhist Circuit in Uttar Pradesh.
11. SHRI CHINTAMAN NAVASHA WANGA laid a statement regarding
need to identify all accident-prone spots on Mumbai-Ahmedabad
National Highway No.8 and take remedial steps.
12. SHRI SUDHEER GUPTA laid a statement regarding implementation of
Regional Connectivity Scheme- UDAN in Mandsaur Parliamentary
Constituency, Madhya Pradesh.
13. SHRI VIKRAM USENDI laid a statement regarding need to expedite
construction of Kanker and Keskal bye-pass roads, Antagarh-Koyali
Beda-Partapur, Antagagarh-Amabeda roads in Chhattisgarh.
14. SHRI HARISHCHANDRA CHAVAN laid a statement regarding need
to provide necessary assistance to farmers in Dindori Parliamentary Constituency to grow quality onions and also set up onion-based
processing industry there.
15. SHRI M.I. SHANAVAS laid a statement regarding need to repair ghat
roads in Wayanad district of Kerala.
16. SHRI M.K. RAGHAVAN laid a statement regarding need to set up a
branch of Footwear Design & Development Institute (FDDI) at
Kozhikode in Kerala.
17. SHRI S.P. MUDDAHANUME GOWDA laid a statement regarding
need to fix remunerative price for agricultural products and also provide
market facility to the farmers.
18. PROF. SAUGATA ROY laid a statement regarding need to abolish
AADHAAR.
19. DR. TAPAS MANDAL laid a statement regarding need to maintain
healthy teacher-student ratio in Kendriya Vidyalayas.
20. SHRI ARKA KESHARI DEO laid a statement regarding need to create
'Paika Ragiment' in Odisha.
21. SHRI VINAYAK BHAURAO RAUT laid a statement regarding need
to provide food processing and marketing facilities in Ratnagiri and
Sindhudurg districts of Maharashtra. 22. SHRI JAYADEV GALLA laid a statement regarding problem being
faced in export of processed fruit products to European Union.
23. SHRI B. VINOD KUMAR laid a statement regarding problems faced
by workers engaged in Mid-day-meal Scheme.
24. SHRI PREM SINGH CHANDUMAJRA laid a statement regarding
need to expand the capacity of a unit of National Fertilizers Limited,
Nangal, Punjab.
25. SHRI RAJESH RANJAN laid a statement regarding need to regularize
the services of contractual employees in Bihar.
26. SHRI RADHESHYAM BISWAS laid a statement regarding need to
review decision to close railway crossing gate in Hailakandi district of
Assam.
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THE NATIONAL MEDICAL COMMISSION BILL, 2017 - Deferred
THE MINISTER OF CHEMICALS AND FERTILIZERS AND
MINISTER OF PARLIAMENTARY AFFAIRS (SHRI ANANTHKUMAR):
All the Opposition parties want that the National Medical Commission Bill, 2017 be referred to the Standing Committee. On behalf of the Government, I want to say that we are ready to refer the Bill to the Standing Committee but in this regard I would expect that the Standing Committee give its report before the ensuing
Budget session so that we are able to pass the Bill during the Budget session.
The Bill was deferred.
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THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND
REMAINS (AMENDMENT) BILL, 2017
THE MINISTER OF STATE OF THE MINISTRY OF CULTURE
AND MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE (DR. MAHESH SHARMA) moving the motion for consideration of the Bill, said: Our strength has been archaeological monuments and sites. This has been recognized worldwide that we are at the sixth position in preservation of ancient monuments and UNESCO World Heritage site.
For that purpose, the AMASRA Act came into statute in 1958. On 29th March,
2010, this Act was amended. Now, there is a need to review this Act. There were certain projects which came under 100 metres from the monuments and because of this Act those projects could not be completed. In the wider interest of the safety, security of the public and convenience of the public, this Act needs to be amended.The Government has come up with amendments in this Act where certain relaxations have been given only for the projects of national interest. No private projects will be permitted. I request the hon. Members to support these amendments.
SHRI MANOJ TIWARI initiating said: This Bill is important as it has bearing with the tourism in the country. A number of projects like metro or flyovers are stalled due to the provisions of this Act. People even do not know why the project is stalled. To remove such hurdles, this Amendment in the Act is very important. 24 monuments in the country are not traceable. These 24 monuments are there on the papers but not on the ground. 18 such monuments are there in Delhi. Ancient monuments remind us of our rich heritage and culture. The remains found in excavation show that India had a rich heritage. Today, the country is moving on the path of development. There are approximately 24 projects which are stalled because they are close to monuments. I feel that even the provision of 100 meters should be relaxed if needed to complete an important project.
SHRI ADHIR RANJAN CHOWDHURY: India is a country which is recognized for centuries as a rich heritage of history, tradition, culture and civilization. Our monuments and our archaeological sites are the identities of our nation and we all are proud of them. The Government is surreptitiously trying to dilute the Act. In the year 2010, the UPA Government had further infused legislative muscle in order to strengthen the Act. I would like to know as to what is the need to dilute the provisions of the said Act. Who are the prospective beneficiaries? In these times of technology, there may not be a need to demolish any monument to construct any project. This kind of legislation will certainly open the Pandora's Box. Our Ministers live in Lutyens Bungalow Zone in New Delhi, where overhead metro lines have not been permitted because they would have permanently marred the aesthetics of this area but they are pushing for a legislation which would allow overhead construction in the vicinity of our national monuments. Five lakh monuments in India are unprotected. Only 3,650 monuments are nationally protected in the country. I would request the hon.
Minister to reconsider this legislation and sent it to the Standing Committee.
SHRI M. CHANDRAKASI: This Act prohibits granting of any permission for new construction within the prohibited area of Centrally protected monument or site. The Government now feels that its prohibition of new construction within the prohibited area is adversely impacting various public works and developmental projects of the Central Government. This Bill is to provide for a new definition of
'public works' in Section 2 of the Act and amend Section 20A of the Act. In our country, about 3,685 monument/sites declared as of national importance are conserved and preserved by the Archeological Survey of India (ASI). There are
403 Centrally-protected Monuments in Tamil Nadu under the Chennai Circle of the Archaeological Survey of India. These monuments require utmost protection and care. We cannot compromise the safety and protection of our grand architectural monuments for any Government project. In Tamil Nadu, megalithic burial monuments of different types are found in abundance. These megalithic burial monuments are most studied and well recorded by the archaeologists in the past and present. Therefore it will be a good idea to create a few model sites of these megalithic burial monuments of each type and documented, preserved and protected for the future studies. I urge the Union Government to allow the construction of houses and utility infrastructure buildings by both public and private without doing any damage to these megalithic burial monuments. I would also like to urge the Government to allocate Rs. 10 crore for conducting further archaeological excavations at Keezhadi in Pudukottai district of Tamil Nadu to establish site museum at Keezhadi for which the Government of Tamil had provided two acres of land.
SHRI KALYAN BANERJEE: Law is needed for the purpose of public interest so that greater public interest is served. This Bill has been brought really to meet the public interest. I may tell you that in Kolkata the East-West Metro Rail
Project was stopped because of the prohibition clause in the amended Act of 2010.
Today, after passing of this Bill which has been brought, the East-West Metro Rail
Project of Kolkata is going to be completed. This has been the dream of our hon.
Chief Minister, which is going to be fulfilled after the passage of this Bill. The amendment which has been sought to be brought here is under clause 2(ja) of the
Bill. I am requesting the hon. Minister to take care in future that this power which is now being given should not be abused by anyone. Whenever power is exercised in future, the competent authority and the Central Government must apply their minds to the fullest extent to see that this power is not abused. This should only be evoked in cases of greatest public interest and when alternative land is not available.
DR. PRABHAS KUMAR SINGH: The Government has approved changes to the Ancient Monuments and Archaeological Sites and Remains Act to 1958 to allow public works near these structures. If Parliament clears this amending Bill, national monuments will be threatened. In the original Act passed in 1958 and later amended in 2010, there was an expression, 'restriction for any person, government or organization to carry out construction near the vicinity of the monuments and archaeological sites', this amendment to the original Act is nullifying it. Not only does it nullify that clause, it also gives permission to the
Central Government to give orders for construction. I believe this is an extremely dangerous provision which would result in widespread damage to our historical monuments and sites. Why should the Central Government get these powers and not the State Governments? By usurping this power, the Central Government will decide which monument is worth preserving and which is not. Our diverse country has different cultures and sensibilities across its length and breadth. It is not possible for someone sitting in Delhi to understand the religious, social, or emotional attachment of the locals for a particular structure. In Odisha, we have ancient sites right from the 4th century BC to 4th century AD. There is a place called Sisupalgarh, very close to Bhubaneswar city. We can find a large number of construction activities and urbanization going on throughout the archaeological sites. Coming to Barabati, in the very rich historical sites a number of construction work is going on throughout the area. It is very difficult to define the 100-metre restricted zone. The Archaeological Survey of India is ultimately the custodian of these monuments but the work of the competent authority should be clearly defined.
SHRI SHRIRANG APPA BARNE: A large number of people visit archaeological sites, but they do not get any facilities within the periphery of 100 meters of these sites because public works were not allowed there. People would be able to get a number of facilities as per the provisions made in this Bill.
Certainly the condition of archeological sites would improve and people visiting these places would get a number of facilities. There are a number of historical sites in my Parliamentary Constituency. There are Ajanta Ellora caves in
Maharashtra, where a large number of tourists come from our country and abroad.
Elephanta caves in my constituency is a heritage site. There are a number of forts like Raigad fort and other forts of Chatrapati Shivaji Maharaj in Maharashtra. If improvements are made and a lot of works are carried out with the allocation of funds from the centre, there can be requisite improvements. I would like to request the Government to allow the construction of ropeway at Ekvira Devi
Temple. The Government should provide public amenities at Lonawala-Khandala in my Constituency. The Government should make arrangements for lightshow etc. at Janjira Fort in Raigarh. I would also like to request the Government to allocate more funds for the maintenance of ancient sites in the country.
SHRI THOTA NARASIMHAM: People have been demanding to expand infrastructural requirements at the archaeological sites. However, I would like to request the Government to be more crystal clear with regard to definitions like
'infrastructure', 'public works' etc. to reduce ambiguity while implementing the provisions of the Act. I also would like to request the Heads of the Departments to be more sensible in upholding the spirit of the amendment to reduce misuse and avoid hurried decision-making. I would also like to raise another issue with regard to prohibition of cultural and religious activities within these sites. In this regard, I would like to suggest for 'participatory approach' rather than a 'prohibitive approach' to such monuments. The Chalukya Kumararama Bheemeshwara Swamy
Temple of Samalkot is a great archeological monument. In this temple, even religious rituals like Abhishekam are regulated which is causing public resentment. I would like to request the hon. Minister to take note of this. Apart from this, infrastructural needs may also be attended to.
PROF. A.S.R. NAIK: I support this Bill to allow construction within 100 meters from the heritage sites in the interest of the public but the Government is not giving suggestions to the Archaeological Survey of India to identify other monuments in the country. The Central Government, after passing the Bill, should ensure not to misuse this provision to spoil the rich heritage structure of the national monuments. The Central Government should make the Archaeological
Survey of India more professional and dedicated in preserving the national monuments. They should act as caretakers and not as owners of the monuments.
There is Ramappa Temple in my parliamentary constituency. The Archaeological
Department has given necessary orders to renovate the small temple. But till today nothing has happened. Apart from that, we have 1000 pillar temple, Fort
Warangal, Kotilingala Fort, Dulikatta Budha Stupam in Peddapalli constituency and Allampur in Mahboobnagar constituency. These are all very famous monuments and there is no protection for them. The State Governments are unable to protect our own monuments. I would request the hon. Minister to coordinate with the State Government or the Archaeological Department to protect these monuments. The site at Kondapur needs to be excavated fully. I also propose the
Ramappa temple for World Heritage site. *SHRI C. N. JAYADEVAN: I whole heartedly support the Bill. While, historical monuments and archeological sites are to be protected; I want to highlight the plight of the people who live near such protected monuments and sites. Thrissur has some ancient Hindu temples of importance of which Triprayar
Sree Rama temple and Peruvanam Shiva temple are the most important ones. The archeological department does not give permission to the poor residents for reconstruction or renovation of their houses in the vicinity of these temples. The rich get special sanction and they can easily reconstruct their houses. Tipu Sultan had constructed a fort at Chetuva near Guruvayoor. It should be declared a historical monument.
*DR. A. SAMPATH: We all join in supporting the intention behind this
Bill. But I want to bring to the attention of the Minister, the fact that the provisions of the existing Bill are inadequate and the amendments suggested are also inadequate. My request to the Hon. Minister is that the year 2021 will be the third centenary year of this 1721 Attingal revolt. I request the help and cooperation of the Government of India to appropriately commemorate the third centenary of the
Attingal rebellion. A postal stamp, a coin, or a currency note, should be issued.
The Anchu Tengu Fort is still intact. I also request that a sound and light show system must operate there. The poor living in the vicinity of the protected
* Original in Malayalam monuments need to be rehabilitated and other protection should be given to them.
The Varkala Cliffs in my constituency area have crores of years of antiquity. They deserved to be included in the UNESCO list of heritage sites.
SHRI DHANANJAY MAHADIK: We have a thousand years old history and our country can boast of the temples and mosques which are hundreds of years old. It is our duty to protect all of them. But there are some vacant sites which are being protected by the Archaeological Survey of India in the name of historical value. There is a Shivaji Bridge on the Panchganga river in my constituency. The
Union Government sanctioned the construction of a new bridge there. But the work was stalled because of the notice issued by the Archaeological Survey of
India. As per the argument of the Department, the site is of archaeological importance therefore, the construction work cannot be undertaken there. I, therefore, request the House to pass this Bill in the larger public interest. My constituency in Maharashtra has the largest number of forts. I request the hon.
Minister to provide Rs. 100 crore for their preservation and beautification. I request all the members to pass this Bill at the earliest.
SHRI JUGAL KISHORE: I congratulate the Minister for this historic and very important Bill. This Bill ensures the preservation and maintenance of our ancient monuments and heritage. Several monuments remind us of our history and our culture is also hidden in our heritage. This gives us a lot of inspiration. The Central Government is preserving these in a very good manner. There should be no hurdles in development works. If we can undertake development work without damaging the monument then it should be done. Development provides employment. Central Government has started several projects in Jammu and
Kashmir due to which development is taking place speedily. This Bill has a limit of 100 meters. I would request this should be less. Development and conservation can go together. I support this Bill.
DR. SHASHI THAROOR: I am sorry to say that I rise to oppose this Bill.
I find it violative of two very important urgings of our Constitution. Article 51A which says it is a fundamental duty of every citizen of India to value and preserve our rich and composite culture and Article 59 which places the duty upon the State to protect historical site and ancient monuments. This duty is enshrined in the
2010 Bill which the Government is seeking to amend. Clause 3 of the Bill says that public works may be carried within the prohibited area. They assure us that it is only infrastructure works, construction necessary for the safety and security of the public. But there is a lot of ambiguity in this. Cabinet note that has been issued by the Ministry of Culture. It gives two examples. One is to build an elevated road near Akbar's Tomb in Agra so as to facilitate traffic. Can we imagine the damage that a road right next to Akbar's Tomb can cause. Second example is regarding the construction of a Railway line near the Rani Ki vav in Gujarat. It is a unique step well built in the 11th Century by King Bhimdev. This has been listed as a UNESCO heritage site. I know what my friend, the Minister, is going to reply. He is going to say, nothing can be done until the National
Monuments Authority is satisfied that construction may take place. Firstly, it is a part of the Government. Secondly, it does not have the mechanism, the staffing or the expertise to determine the feasibility of projects. They cannot give orders to the Government. It places arbitrary powers in the hands of the Government to actually threatened our historical heritage and our archaeological monuments. 321 monuments have been encroached. I do appreciate the need to balance heritage conservation with development. We are not against development. It should be submitted to a committee of historians, architectures and archaeologists.
*SHRI SHER SINGH GHUBAYA: I rise to support this Bill on behalf of my party. These ancient monuments and sites tell us about the lives and times of our ancestors. But, many such monuments are lying in ruins. These structures also pose a danger to the lives of passers-by. Either they should be maintained properly or demolished to save the lives of others. We all know about the historic Namdhari movement in Punjab. Saragarhi Gurdwara is associated with this movement. The need of the hour is to spend more money to maintain such heritage sites and
* Original in Punjabi monuments. It is a historic institution. Efforts must be made to take care of such historic institution.
SHRI JAI PRAKASH NARAYAN YADAV: Our country has many magnificent and wonderful historical monuments, which undoubtedly needs conservation and protection. We have to preserve such monuments and heritage.
This heritage belongs to Hindus, Muslims, Sikhs and Christians. There is
Bhitiharwa in Bihar from where father of the nation Mahatma Gandhi began his movement. There are other important heritage such as places associated with Lok
Nayak Jai Prakash Narayan, Gaya - Bodh Gaya, Nalanda, Vikramsheela,
Bhagalpur, Vaishali, Mandar of Banka, and Sultanganj - Bhagalpur - Deoghar.
Similarly, there are several heritage sites in Magadh, Patna Sahib in Patna, Peer
Pahad etc. Ours is a composite culture as seen in Lucknow, Bodh Gaya, Delhi,
Mysore and Vrindavan. We have to preserve the legacy of Mahatma Gandhi, Baba
Bhimrao Ambedkar, Dr. Ram Manohar Lohia, Jana Nayak Karpuri Thakur, Late
Shri Choudhary Charan Singh, Jagdeo Prasad ji and Sardar Patel. We have to preserve the heritage of our Hindu, Sikh, Muslim and Christian brothers.
SHRI DUSHYANT CHAUTALA: This Bill somehow misses the issue regarding development of archeological sites. The country has more than 3600 ancient monument which the Ministry is unable to maintain fully. For example, a
Sarai in Gharonda. Then there is Jyotisar in Haryana where the sermon of Geeta was given. The oldest archeological site in the world is in Rakhigarhi. The people of this village have been issued notice to vacate their houses since archeological survey needs to be done. If the government wants to carry out any work it should do so on lands under ASI occupation. Notice should not have been issued to
15,000 people who for several generations are living in this village. Similarly, in
Agroha there is an archeological sites which has a historical pillar. Why is the government delaying the development of such site. A historical place like Panipat where Mugals and Marathas fought three battles has been included in a circuit for rediscovery of Panipat's history. The Ministery has carried out no work there. I would request the minister and the Prime Minister to increase funds for the development of all archeological sites. The money being spent for digging the
Saraswati river if used for the development of some other historical sites would see the development of tourism and culture.
SHRI PRAHLAD SINGH PATEL: I thank the Government and the minister for this amendment Bill. There is Koteshwar Mahadeo Mandir which is a national monument in Balaghat. Due to the complexity of this Bill electricity cannot be provided there, prayers cannot be held and there is no habitation. In
Bahuriband, Katni district, Madhya Pradesh there is the original Sharda Mata
Mandir, and the adjoining village is also equally old but due to this law of the archeological department no one can renovate their Houses. In spite of stringent laws, we have not been able to preserve our heritage whether world level, national or state level. Theft has not stopped. Even after so many years of Independence,
Bansipur and Dhoni villages have neither been identified nor been saved.
Similarly, 167 idols of Rani Damyanti Museum have not been identified yet. In my area, Nauleshwar Shiv Temple situated on state highway falls under the category of protected temple due to which people are unable to perform religious rites. I would like to give suggestion to the Government that the temples of sixth and seventh century era should be protected as a cluster. It will add importance to the archaeological heritage of this country and it will also be used in archaeological research.
SHRI E. T. MOHAMMAD BASHEER: To be frank, this Archaeological
Survey of India is not honest in preserving ancient monuments. Sometimes, they are working as a silent spectator and on some other occasion they are even playing the role of an encroacher. I would humbly request the hon. Minster to make an enquiry into the aspect with regard to Mehrauli area. This Bill would open the flood-gates to many issues. Even C&AG Report says that in the world heritage site in India, it is neglected. Unfortunately, some politics is also coming against
Taj Mahal. We should not mix politics with Taj. We have to take some steps for the preservation of heritage cities and heritage sites. SHRI PREM DAS RAI: This Act will allow for the redefinition of public works around the site. Therefore, we need to give the Archaeological Survey of
India the teeth that is necessary in order to take this up. With regard to Sikkim, I would like to inform the Minister that the Rabdentse site requires proper cleaning approach. There is too much of waste that is seen around the site which puts the site in a very bad order.
SHRI KAUSHALENDRA KUMAR: Through this Bill, an amendment is being brought regarding Section 20 A. It will facilitate public work within the radius of 100 meters. I would urge upon the Government that all the identified historical sites of Nalanda should be excavated and research work should be initiated with regard to the remains retrieved from these areas and complete protection should be provided to these heritage sites.
SHRI GANESH SINGH: There are 3686 monuments in our country and in my State Madhya Pradesh, 292 monuments have been identified as national monuments. I would like to urge upon the Government that inspection of these historical sites should be conducted. In my Lok Sabha Parliamentary Constituency only two sites have been announced as monuments whereas various sites exist in this area. I would request that these areas should be included after conducting inspection at all these sites. SHRI VARAPRASAD RAO VELAGAPALLI: There is a greater need of us to protect ancient monuments, archaeological sites and remains for our future generations. But what I suggest is that perhaps a group of experts could consider case by case instead of giving blanket permission for construction within 100 meters. In Andhra Pradesh, we have plenty of sites. Instead of the Archaeological
Survey of India restricting themselves to the existing ones perhaps a survey could be conducted in the entire country where there are monuments existing in dilapidated condition. I would also suggest that adequate funds should be given to
ASI. Similarly, National Monument Authority should also be made prominent and strengthened further.
SHRI N.K. PREMACHANDRAN: The historic monuments and archaeological sites are the symbols of our traditional and cultural heritage. So, protecting the historic monuments and archaeological sites need utmost attention and should b given first priority. This Bill is intended to do away with the prohibited area of 100 metres by virtue of the new amendment. This amendment is against the scope of the original Bill. Secondly, it gives a wrong message to the new generation regarding the protection of these sites. Thirdly, it is against the principles of environmental protection. Fourthly, it is a duty and obligation of the
State to protect the historical monuments and archaeological sites. SHRI RAJESH RANJAN: History of India cannot be imagined without mentioning the history of Bihar. Firstly, I would like to say that Government should not endeavour to distort the history , heritage and culture of our country in the name of development. Bihar is a land of Babu Veer Kunwar Singh, Sher Shah
Suri, Viswamitra and other great personalities. There is an historical site named
Singheshwar Sthan situated in my area. Similarly, there is a need to pay attention towards Vikramshila and Nalanda keeping in view their archaeological importance. Government should review the decision with regard to giving permission for public works within the radius of hundred meters.
SHRI GAJANAN KIRTIKAR: I draw the kind attention of the hon.
Minister to Para 2, line 7 of the Statement of objects and Reasons which relates to constructions in any prohibited area. In this connection, I have to say that in
Maharashtra, especially in the city of Mumbai, there are certain ancient monuments, archaeological sites and remains. Nearby these monuments there are residential areas which are existing for more than five decades. These areas need to be redeveloped. Therefore, I suggest to the hon. Minister to include these places.
DR. BOORA NARSAIAH GOUD: I want to bring to your notice that our new State of Telangana is a heritage State. Secondly, in my own parliamentary constituency, there is a Bhovanagiri Fort which is situated on a single rock. On this rock, the Mount Everest trainees are trained today. I take this opportunity to earnestly request the hon. Minister in particular and the Government in general to pump in more funds. I would also like to request the Government, through you, to give a specific time-frame for completion of these projects.
SHRI HARISH MEENA: I rise to support this Bill as this legislation will go a long way in safeguarding our heritage, culture and ethos for which India is known. These monuments are not mere buildings but are symbol of our culture and ethos of our society. Our heritage belongs to Hindus, Muslims, Sikhs and
Christians and it is the composite culture of India.
SHRI NIHAL CHAND: More than 3600 historical buildings have been mentioned in the Aasaar-us-Sanadid authored by Sir Sayyad Ahmed Khan in the year 1847 and three volumes authored by Maulvi Zafar Hassan in the year 1920. I would like to thank the Government for its efforts to protect and preserve these historical buildings. Ancient historical sites and monuments are the symbol of any country's civilization and culture. Our archaeological heritage is the part of our great culture. I would request the Government to protect Ramdeora and Gogameri of Gogamer , Salasar religious place connected with lord Hanuman and Haldighati site connected with Maharana Pratap. Kalibanga site is situated in my parliamentary constituency and there is no monument there. I would request the
Union Government to release more funds for this purpose. The grave of Laila- Majuna known for their eternal love also lies in our area which needs to be looked after.
SHRI DILIPKUMAR MANSUKHLAL GANDHI: Hon. Minister has brought a very good Bill. However, I would like to express some of my concerns in this regard. I would like to know whether 3686 monuments have been categorized. There are many among these monuments which have not received even a rupee from the Government so far. As a result of which they have turned into ruins. It is my suggestion that these monuments should be protected and preserved. There is a need to identify and protect the fort of Nagar which is very important.
DR. MAHESH SHARMA replying said: I would like to thank all the hon.
Members for taking part in this debate and also expressing their commitment toward this issue of national interest. The important task of protecting and conserving our culture and monuments should be undertaken with desired commitment and dedication. Our country has got 36 world heritage properties which have been recognized by the UNESCO. We rank sixth in the world on this count. There are 45 monuments which are there in the tentative waiting list. Some hon. Members have given some more names for inclusion in the list which I as well as my officers have noted down. I am glad to inform this august House that our six properties have got recognition of the UNESCO in last three years of our Government which is a historical achievement in itself. The mute question is as to why this Bill was brought about. In the year 1958, it was decided to protect and conserve our monuments. In the year 1992, the definition of boundary of monument was notified as protected area. Hundred meters around the boundary of the monument was determined as prohibited zone and 200 meter around the boundary of monument was determined as the regulated zone. During the period from 26th June, 1992 and March, 2010 as many as 171 cases of encroachment were reported but the then Director General of the ASI regularized them through a committee. The Court expressed its displeasure on it. Thereafter, the then
Government regularized all those cases through a Bill in this Parliament itself.
Some of our hon. Members have expressed their concern that this Bill should not be misused. This change is being brought in the larger national interest. If the safety and the security of the people is in danger and no alternative is available then only this law will apply. The Government of India has taken this decision in the interest of the nation. I assure all the members that this law will be used in the national interest and will never be used to further the interest of any private individual. This Bill has been brought specifically about five cases which include flyover near tomb of Akbar at Sikandara, 112 year old bridge at Kolhapur, Metro
Train of Kolkata, a bridge for national highway at Yamuna and Metro Train of
Pune. Some Hon. Members have expressed certain concerns. It is an amendment only for Central Infrastructure Projects. We have assured that no private project will be taken care of. Hence, there is no dilution of powers of the National
Monument Authority. We are taking care of about 400 monuments of Tamil Nadu also. A hon. Members has expressed his concern that allowing construction in 100 meters will endanger the monuments. The Archaeological Survey of India and their team of officers are competent enough to assess the situation. If at all required, we will take opinion of IITs and also of international agencies to ensure that no damage is being caused to the monuments. We would take decisions in the interest of public and we assure the House that it will not be misused.
The Bill, as amended, was passed.
______
THE HIGH COURT AND THE SUPREME COURT JUDGES (SALARIES
AND CONDITIONS OF SERVICE) AMENDMENT BILL, 2017
THE MINISTER OF LAW AND JUSTICE AND THE MINISTER OF
ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAVI
SHANKAR PRASAD) moving the motion for consideration of the Bill, said:
Since, 1965, a law has been in force that the salary of judges of hon'ble High Court will be equal to Secretary of Government of India. The Salary of Chief Justice of
Hon'ble High Court and judges of hon'ble Supreme Court will be equal to Cabinet Secretary. The salary of Chief Justice of India will be more than Cabinet
Secretary. As far as salary revision of hon'ble Members is concerned, it will be fixed as per the procedure. Do not interlink the both. We are revising the salaries of
Judges from 1st of January, 2016 as has been done for others. The salary of Chief
Justice of India is going to be Rs 2,80,000. The salary of judges of Supreme Court is going to be Rs 2,50,000 and the salary of judges of High Court is going to be Rs
2,25,000. We are doing this because salary of CJI is more than Cabinet Secretary.
The salary of Judges of Supreme Court and Chief Justice of High Court is equal to
Cabinet Secretary and the salary of High Court Judges is equal to Secretary of the
Government of India, as has been there from 1965. Besides that, we have also given sumptuary allowance. We have also revised pension of retired judges on the lines of revision of pension of retired secretaries or other officers. The House is unanimous on the fact that salaries should be enhanced. I present this bill and request the hon'ble Members to hold discussion on this bill definitely, but also pass this bill.
PROF. K.V. THOMAS initiating said: This Bill has been brought to enhance salaries and perks of the judges of the Supreme Court and the High
Courts. When this Bill was introduced, the hon. Minister understood the feeling of the House regarding salaries and pensions of the Members. I am not linking it but the hon. Law Minister and the hon. Parliamentary Affairs Minister should understand and convey our feelings to the people concerned. We want to have a healthy, impartial and effective judicial system and judicial process. One attempt in this regard was the Judicial Appointment Commission. We know that there are middlemen. Even in the collegium, there are differences of opinions when the appointments are made. So, this is an issue which the Government has to think about and discuss with the Opposition also. Is it possible to have the live telecast at least of the court proceedings of the Supreme Court so that the unnecessary stories, which spread out through the media, are not there? I am a Member of
Parliament. My income and assets are being assessed. I have to report to the
Prime Minister. What about the assets and income of the people in the Judiciary?
Who examines that? That is one of the reasons for questions being raised about the integrity of the judicial system. We have got a large number of veteran lawyers.
For the ordinary people, it is difficult to pay them. We are always talking about the free legal system. Are the poor people of this country getting free legal advice?
What is the Government going to do about these people? Many of the law colleges in the country are of a lower stratum, lower state and lower quality. So, the
Government of India and the State Governments have to find out a way. If you want better judges in the judicial system- High Court and lower courts- the education system itself should be of good level. I have no objection taking one
Bench from Ernakulam to Trivandrum. What is the problem in not allowing our media persons to go inside the courts? The retirement age of Judges can be enhanced.
More than 90 per cent of the Judges retire , take up arbitration or some kind of Judicial
Commission. I do not say that they should not go for any work after their retirement. I am saying that at least that income, which they get from arbitration, etc. should also be counted. When we talk about the judicial system, there are clerks and supporting staff also. What are you going to do for them? But in the beginning, when a young lawyer comes, how are you going to give some assistance to the younger lawyers for their benefits? When you enhance the salaries and perks of the High Court Judges and the
High Court Chief Justice, the burden is on the State Government. Our Law minister should use his personal influence so that the legal system improves. Better infrastructure has to be there in High Courts and the Supreme Court. Both the Central and State
Governments have to sit together, take some important initiatives so that the infrastructure improves. We need a strong judiciary. For that the Government in power should have a say because we are all elected by the people.
The discussion was not concluded.
SNEHLATA SHRIVASTAVA Secretary General © 2018 BY LOK SABHA SECRETARIAT NOTE: It is the verbatim Debates of the Lok Sabha and not the Synopsis that should be considered authoritative.
English and Hindi versions of Synopsis of Debates are also available at http://loksabha.nic.in.