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______∗SYNOPSIS OF DEBATE ______(Proceedings other than Questions and Answers) ______Monday, December 3, 2007/ Agrahayana 12, 1929 (Saka)

______MATTERS RAISED WITH PERMISSION OF THE CHAIR I. Protests against setting up of steel plant at Jagatsinghpur, Orissa SHRI D. RAJA: I wish this House takes note of what is happening in the Jagatsinghpur district of Orissa. There is a very strong resistance to the steel plant proposed to be set up by Posco there. If that plant is set up, they will be displaced and the fertile agricultural land will be taken over by the Posco Steel Plant. This will also lead to a very serious drinking water crisis for the city of Cuttack and other places on the banks of river Mahanadi because a large quantity of water from the river will be used by the plant. This will also adversely affect the functions of the Paradip Port. This plant is going to seriously affect the forests and environment in that area. If the Union

______∗ This Synopsis is not an authoritative record of the proceedings of the Rajya Sabha.

277 Government does not intervene at this point of time, the situation will get out of control and anything may happen there.

II. Report of possible terror attack on Tirupati

SHRI SHREEGOPAL VYAS: Informations have been received regarding possible attach on the Tiruputi mandir. Tirupati mandir is a place of devotion of crore of Hindus. Such events will have a very bad effect on the country. Therefore, I request the Government to enquire into the mater and prevent such incidents to occur. (Shri Ajay Maroo associated.) III. Demands of disabled persons SHRIMATI N.P.DURGA: I would like to draw the attention of the House to some of the demands of disabled persons. The UN observe every December 3rd as the World Day of Disabled. But, till now, their demands are not fully considered. They are demanding for paying an amount of Rs. 1500 as pension. They should be given reservation of 9 per cent in employment, education, promotions and also in judiciary. I request the Government of to sympathetically consider their demands so that they can move ahead in the society with dignity. (Dr. V. Maitreyan and Shri Tiruchi Siva associated.)

IV. Exemption on transportation of animals during Bakreed

SHRI ABU ASIM AZMI: There is a law in the country preventing cruelty against animal. But at the same time slaughter is also allowed in this country. On special occasion

278 like 26th January and 15th August given to the people. Same type of exemption should be given to the transporters transporting animals at the occasion of Bakreed, as some NGO's harass the traders with the help of police in the name of protection of animals. ______

SPECIAL MENTIONS

I. Demand for immediate steps to extend benefits to all the people included in the BPL in Rajasthan

SHRI LALIT KISHORE CHATURVEDI: The Government of India limited the number of people living below poverty line to 17.36 lakh in Rajasthan. Consequentially the State Government published the list of 17.36 lakh rural BPL family. People filed appeals against it, and the number was raised to 21.58 Lakh. I, therefore, urge upon the Government to include all the 21.58 lakh selected people in the BPL list.

II. Demand to probe embezzlement of funds meant for construction of Schools under the Sarva Siksha Abhiyan in Chattisgarh

SHRI RAMADHAR KASHYAP: Crores of rupees have been embezzled in the Construction of school buildings in Chhatisgarh under Sarva Siksha Abhiyan Out of 8947 school buildings, 5048 buildings have either not been built up or are not completed. I, therefore, request that the Hon'ble Minister should enquire into it and punish the guilty people.

279 III. Request for conversion of 100, Lodhi Estate into Choudhary Devi Lal Trust

SHRI TARLOCHAN SINGH: I have been pleading for long time that Central Government should allow facilities to the trust formed by late Choudhary Devi Lal, former Deputy Prime Miniser for the poor people. His schemes for rural upliftment has benefited large population in the villages. He lived in House No. 100, Lodhi Estate. The trust has requested to allot the same house for its headquarters to carry on the work of rural uplifement as envisaged by Choudhary Devi Lal. The Government should accept this simple request.

IV. Demand for clearance of irrigation projects of Maharashtra

SHRIMATI SUPRIYA SULE: The Central Government is giving financial assistance under Accelerated Irrigation Benefit Programmes (AIBP) to the irrigation projects, (dams, canals, etc.) For this it is necessary to obtain clearance of Central Water Commission to irrigation projects in the State. Maharashtra Government had submitted about 13 proposals in this regard. These proposals are pending for approval for a long time. I, therefore, urge upon the Government to accord sanction to these projects, so that these are implemented, for the benefit of the people of Maharashtra.

V. Request to review the decision to shift Burda Research Centre in Orissa

SHRI : Burla Research Centre in Orissa was set up at Hirakund Dam in 1963 for developing the fisheries. The displayed persons from Hirakund Dam earn their

280 livelibood by fishing with the help of this centre. An order has been passed by the Government to close this centre and shift it to Kerala. I urge upon the Government not to shift this centre from Orissa so that the Centre may be more helpful in the field of fisher development.

VI. India's drop by 2 points to the 128th rank according to the Human Development report released by the United Nations on 26th November in Delhi

DR. P.C. ALEXANDER: The UN report for 2007 based on Human Development Index released in New Delhi on 27 November 2007 shows that India has not made any significant progress in its achievement, and that its rank based on HDI has dropped by 2 points, putting India at the 128the position. One of the reasons for the poor ranking of India is that the growth has not been inclusive and the poor sections of people continue to remain poor. Urgent corrective action should be taken in this regard.

VII. Minimum Support Price for paddy

SHRI SU. THIRUNAVUKKARASAR: The majority of the country's population depends on agriculture. But the agriculture sector contributes only about 18% of the total GDP. There is a large disparity between the per capita income in the farm sector and the non-farm sector. The cost of the essential inputs such as seeds, fertilizers have put the farmers into debt. In the past 6 years nearly 2 lacs farmers have committed suicide. Most of the paddy producers are losing interest in farming. The farmers are agitating in all the paddy growing States every day. I

281 insist the Central Government to fix the minimum support price of paddy at par with wheat as Rs. 1000 per quintal.

______

THE PAYMENT OF BONUS (AMENDMENT) BILL, 2007

THE MINISTER OF OVERSEAS INDIAN AFFAIRS (SHRI VAYALAR RAVI): I move:

"That the Bill to amend the Payment of Bonus Act, 1965, as passed by Lok Sabha, be taken into consideration."

SHRI AJAY MAROO: It is a very important Bill. I express my thanks to the Government for enhancing the ceiling of bonus to Rs. 10,000. It is a very good decision to include the labourers working in the construction work on contract basis. Some procedure has to be followed to maintain the account of such contractual labourers as they don’t work with any fixed contractor continuously and they change their working place frequently. It is my suggestion to the Government to consider about bringing the large number of unorganized workers under the ambit of the Bill. They need our support and sympathy.

SHRI G. SANJEEVA REDDY: I support this Bonus Amendment Bill. I welcome the enhancement of the amount of Bonus to the workers. By doing so the Government have not done any favour to them. It is their right. A struggle and demand is going on for the last so many years that the workers must be given share in the profit of the industry or factory. Smt. Indira Gandhi had constituted a Bonus

282 commission which recommended that the workers should be given 13 month salary for working 12 months. That basic principle is working behind payment of bonus to them. Here I would like to mention that the ceiling of Rs. 10,000 is superfluous. A ceiling may be justified for the loss making concerns but there should not be any kind of ceiling for profit making industries. Todays the Industry is earning huge profits in crores. The owners and shareholders are enjoying all the profits whereas the workers who work hard are given this meager amount.

In case of contract workers the amount of bonus must be calculated on weekly basis. The payment of bonus must be implemented properly in their case. The proper payment of bonus is conducive for industrial growth, industrial peace and social justice.

The production bonus being paid to the government employees is not adequate. They must be paid bonus in proper proportion.

SHRI K. CHANDRAN PILLAI: The right as well as the aspirations of the working class in this country in terms of bonus issue must be respected. A comprehensive amendment to the Bonus Act is needed. The bonus is coming as a charity from the Government or from the industry runners. This perception is not acceptable. Prescribing Rs. 10,000 as maximum ceiling of the bonus is not a valid criterion. This ceiling was prescribed on a suo motu basis. It is my submission that one month's salary, whatsoever be the amount has to be considered for the purpose of deciding minimum. All the workers or employees covered under the ID Act ought to be given bonus, irrespective of their salaries. Bringing such an amendment will do good for

283 the entire working class in the country. I suggest here to extend this benefit to the entire workers irrespective of their salary base or emoluments.

The corporate houses are making huge profits. Hence, the surplus must be shared with the workers. There is a 20 percent cap to the productivity linked bonus. It is a disincentive to the process of production and productivity. I request to remove this ceiling.

The workers in the Defence sector, the central government employees etc. are not going to get benefits according to this changed pattern. The benefit to this effect should have been naturally applicable on them. This benefit should be extended to them. Further, I request the government to bring the unorganized workers into the ambit of this concept of bonus. With these words I support this Bill and expect that the government would finally come up with a comprehensive Bill on this issue.

SHRI VEER PAL SINGH YADAV: I support the payment of Bonus (Amendment) Bill 2007. I congratulate the Minister for looking towards larger sections of the people for extending the benefit of the bonus. We will have to think of doing good to large number of workers working in unorganized sectors. But I wish to point out that there are some unorganized sectors which are still left over from this purview. In private schools the teacher peons and other are paid just Rs. 500 to Rs. 1000 only. Like-wise in Nursing Homes too the workers and employees are paid meager salary. The number of persons working in such unorganized sector is very high. They too should be covered under this Bill.

284 ♣SHRI S. ANBALAGAN: (Spoke in Tamil.)

SHRI D. RAJA: I support the Bill.

SHRI SILVIUS CONDPAN: I rise to support this Bill. This Bill has come to protect the interests of the workmen of the country. The minimum ceiling for the payment of bonus should be raised from 8.33 to at least 10 per cent. The bonus facility should be extended to the unorganized sector workers. I come from the tea industry area. In order to avoid this instalment system of paying the bonus by the industry and exploitation of workers, the Act has to provide certain compulsions that there shall be no splitting of payment of bonus. A direction should go to all the State Governments that they have to oversee how the balancesheet is seen and prepared. The Government must be vigilant to see to what extent they are really making profit or they have really made loss. I thank the Hon'ble Labour Minister for bringing forward this Bill for payment of Bonus. SHRI TIRUCHI. SIVA: I wholeheartedly support the Bill. Replying to the debate, the Hon'ble Minister, said: As the Hon'ble Members are aware, the Payment of bonus Act, 1965 provides for payment of bonus to persons employmed in certain establishment on the basis of profits or on the basis of production or productivity. The eligibility limit and the calculation ceiling were last revised from Rs. 25,00 to Rs. 3,500 per month and from Rs. 1,600 to 2,500 per month respectively, in the year 1995. The Second National Commission on Labour ______♣ The speech in Tamil delivered by the Hon'ble Member will be issued as a supplement separately.

285 recommended that the eligibility limit and calculation ceiling should be enhanced to Rs. 7500 and Rs. 3500 per month, respectively. The issue was taken up for discussion in the 41st Session of the Indian Labour conference held on the 27th - 28th April, 2007. In order to ensure that the employees receive the enhanced bonus during the current festival seasons, the amendment, through an Ordinance, was made effective from 1st April, 2006 as the bonus paid for the year is for 2006-07. We do not wish to bring Ordinance. We would like to bring legislations in the Parliament. We could have brought the Bill in this Session, but workers would have been deprived of their bonus during the festival season. We have taken up the matter on a very limited scope. As we are aware, we, in the Ministry of Labour, work on a tripartite basis, where we take the workers, management and the Government together in arriving at a decision. With the cooperation of workers and management we were able to raise it to Rs 10,000/-. There have been various suggestions that bonus should be linked to profit. We can discuss it in the Labour Conference, and take the managements into confidence, then, arrive at some conclusion. At present, we are giving bonus to construction workers. A large section of workers, belonging to the unorganized section workers, is left out of the Bonus Act. That is why we have brought in the Unorganized Sector Workers'Bill, whereby we are giving social security to the workers. We should bring in a comprehensive Bill on bonus. We will take that into consideration after discussion with both, management and the workers. We are covering only the workers in the unorganized sector. The Railways have taken up on a different basis. With these words, I commend that the Bill may be passed.

286 The motion for consideration of the Bill was adopted. Clauses etc. were adopted. The Bill was passed. ______THE INDIRA GANDHI NATIONAL TRIBAL UNIVERSITY BILL, 2007 The Minister of Human Resource Development (Shri Arjun Singh), moving the motion for consideration of the Bill, said: This is a Bill, which I have the privilege to move today because in the country we have a lot of prominence and priority to issues relating to tribes who inhabit a very large section of the area of the country. It will be a central university. Since the demand for such an institution has come in from various parts of the country, it has been decided that this University will have campuses in all those areas where there is large tribal population in the State, and that would facilitate its work instead of opening separate institutions everywhere. The University has been named after Smt. Indira Gandhi who was devoted to development of tribals in variously areas. SHRI SHREEGOPAL VYAS: I thank you for giving me an opportunity to speak on the Bill. I don't know the reason behind bringing this Bill. You have brought the proposal to establish the University in Madhya Pradesh, I welcome the proposal. If you have brought the proposal to establish it in Chhattisgarh, Jharkhand or in Orissa even then I would have welcome it. My first concern is about the use of the word ’Tribal’. So many incidents have been associated with the word Tribal during the last 50, 100 years in India, many kinds of agitations

287 are running and some organization have been making efforts to take those matter on would forum. You take care of such things so that such agitations do not take place in future. On 13th September this year, voting has taken place on United Nation’s “Declaration on the Rights of Indigenous People”. There is a mention in its “India Chapter” that – “The text did not contain a definition of indigenous. The entire population of India was considered to be indigenous”. What the government is doing to do away with the word ‘Aadivasi’ imposed by the British. I have proposed my first amendment in this background. I have just said that the meaning of the word ‘tribal’ is mentioned here is as same as defined in the constitution of India for the “Scheduled Tribes”. I think that all the kinsfolk are the integrated part of the Indian Hindu community.

Second thing is about the name. There are a number of eminent personalities among tribals, you may consider their names. We are building this university with the cost of Rs.76 crores, on which Rs. 12 crores would be spent every year, would you explain about the techno-economic comparison thereof.

My second amendment is that as far as possible people from Scheduled Tribe should be taken for all posts. When we talk about the education, the question about medium is raised. With English medium our culture, our civilization, our clothing, our language-everything is put on stake. Therefore, you select those people at every place, who can help safeguard the culture, civilization and the great ideals of this country.

MS. : I would like to felicitate the Hon’ble Minister for naming the “Indira Gandhi Tribal University’ after the name of Indiraji, by whose name India was reorganized, who made plentiful efforts for the upliftment of the

288 tribal during her rule. I would request that more opportunities should be given the tribals students particularly talented students in this university. Those students, who are good in study should be given awards so that they may be encouraged. There should be hostel specifically in the university campus for girls students. On account of dropout tribal girl students, the ratio of education of girl students is only 3.4 per cent while ratio of general education is 10 per cent. Care should be taken about the culture, traditions and medicines of the tribals. A provision should be made to reduce the dropouts of women. I would like to say that there should be a specific mention about adequate percentage in decision making. The regional centres to be open in the tribal majority regions should be named after the names of those people who have worked for the tribals.

Since there is vast population of tribals in Assam and the North-East, some regional colleges under this University should be opened in these areas. In tribal areas there is a tradition that when the girls are grown up they are introduced in domestic affairs, their guardian usually do not send them to school for getting education and this a reason for large scale drop-out there.

In the tribal dominated areas mostly the land is owned by the tribals. As per law recently passed by the Parliament, no sale-purchase of tribal land is admissible. I would like to suggest that the tribals people having large area of land should be allowed to donate their land for education i.e. opening up school. The tribal people should be encouraged and strengthened so that they think of themselves and proceed to progress. I compliment Hon'ble Minister for setting up this University.

289 SHRI KAMAL AKHTAR: I thank Hon'ble Minister for bringing forward such an important Bill. I also compliment Hon'ble Minister that after 60 years of independence Government wants to provide higher educational facilities to the tribal in the country. But what arrangements for primary education and secondary education have been made for the tribals? No infrastructure has been created by the primary and secondary education to the tribals, the backward classes and the minorities in the country. Government should emphasize on primary and secondary education in the country. The Government should also ensure good education to such people.

In 1988, a Bill named Jamia Millia University Bill was passed by the Parliament and the minority character of the University was diluted in it. Therefore, it should be ensured that the tribal are actually benefited from this university. The objections of the Bill should be achieved. As per the Report of Sachar Committee, the minorities are educationally backward than the dalits in the country. In order to provide education to the 18 crore strong minorities in the country, some such universities should also be set-up for them in the country. With these words, I support this Bill.

SHRI MATILAL SARKAR: I wholeheartedly congratulate the Hon'ble Minister for having brought forward such a laudable piece of legislation aiming at promotion of avenues of higher education amongst the tribal population in India. Merely the creation of a University will not help. I think the Government must take a comprehensive view for the development of our tribal population focusing on their ways of life, their culture, their means of livelihood, their education and so on.

290 In Clause 5 of the Bill, it is mentioned that adequate seats shall be reserved for STs. The term 'adequate' is somewhat undefined in the Bill. I would like the Hon'ble Minister to clarify it. As regards teachers, I admit the approach of the Hon'ble Minister is a secular approach. So, we should have as many teachers as possible from the tribal communities. When somebody will be nominated to the university, representation from all sections should be ensured, as far as practical, so that the university does not become a local university because it is a national university and that perspective should be kept in mind. The student representatives in the elected student bodies should have the access to the committees and the democratization of these local committees should be done. As regards regional colleges, who will fund those regional colleges?

I would like to request the Hon'ble Minister to make it a guarantee in the Bill that the university would maintain some coordination with the autonomous district councils. Whenever you form the regional centres or State-based centres, the regional tribal leaders, who have contributed so much for the country and for those sections of people, the college or the regional centre, should be in their name.

SHRI RAJNITI PRASAD: I rise to support this very good Bill brought forward by Hon'ble Minister. But it should be ensured that the tribals are admitted in this Tribal University. How many tribals will be able to get admission in this University? How much tribal quota has been provided in the Kendriya Vidyalayas?

Tribals are very poor people. What purpose can be served by opening a university in the name of tribals only if they do not get any primary or higher education? You must tell them

291 that they need not pay anything to get the admission or the hostel facility. With these words, I support this Bill. SHRI RAVULA CHANDRA SEKAR REDDY: This Bill is expected to help the tribal students. Piecemeal legislations, though they are helpful to some extent, will not suffice. There should be a comprehensive approach on the part of the Government of India. This university should be a unique one for appointments, imparting education, infrastructure etc. There should be some time-bound programme otherwise it will take a lot of time. Under the UPA regime, Andhra Pradesh is being given a raw deal. Why this discrimination is there against my State. Clarify the selection procedure for the Professors, right from Chancellor and the vice-Chancellor as well as the financial aspect also. With these words, I support the Bill.

SHRI LAXMINARAYAN SHARMA: When concerned rules will be framed? It takes too much time to from these rules. Consequently, precious time is lost. Location of this university is quite good. But only road connectivity is available there. So, other means of transport to such there should also be considered. We must also ensure that there is a healthy harmony between the academic staff and the students and politics therein should be avoided. I support this Bill.

DR. RADHAKANT NAYAK: I support this Bill wholeheartedly. This Bill is a revolutionary Bill. Tribals today, for the first time are going to have a place which will be guiding them for creating a new history. Not only shastras but also the history describes that the tribal people are not indigenous at all in this country. They have their own culture, they have their own civilization. It is not correct to denigrate some people. We

292 believe in an integrated nation. Similarly, a number of other issues to be thought over otherwise, this university will be there only on paper. We should not interfere in their culture. I would suggest that the principles enunciated by the Panchsheel should be revived now. Tribals are left with nothing today. Some of my colleagues have already said about the present conditions of their literacy, poverty situation, infant mortality rate etc. Therefore, it is time that the Government should set up a committee to immediately report to the Government as to what steps should be taken so that they can come to the mainstream and they will be equal to the rest of the society. They have been deprived of their forest resources and their mineral resources. Therefore, the establishment of university will definitely create a history for them. This university should have a separate department on tribal research. This university should give a special focus to the tribal research not only about their growth and development, economic and social programmes, but also about their history, culture, tradition and knowledge system which governed their society in the past. With these words, I support the Bill.

DR. BARUN MUKHERJEE: At the very outset, I would heartily congratulate the hon. Minister for Human Resource Development for bringing forward this Bill and taking initiative for the development and growth of the vast tribal population of our country. But, unfortunately, all these hapless tribal people are still awaiting for the privileges or benefits of the Bill because these rules have not yet been framed. We hope that it will be implemented as early as possible. I hope the hon. Minister will give a little clarification regarding syllabus of the courses that should be taken up in the University. Does this Bill

293 aim at opening any scope for higher education for the tribal students or is it a University for higher research about this vast tribal tradition, their literature, their architecture and all these things?

With regard to admission criteria, it should also be clarified whether the tribal people not getting enough opportunities of getting admission in various universalities will be given preference or not. I would like to mention a few other points. In section 8, it has been clearly stated that every student of the university shall reside in a hall or hostel. So, if we want to make a provision for residential University, there should also be a provision for low or subsidized rates of hostel fee. I am sorry to refer to one aspect of the Bill where it has been stated that every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University. I think you must be knowing it better that though all this is in the name of maintaining discipline, this will go against discipline in the academic institutions. Let there be some democratic standard while we are going to set up such a university. SHRI BASHISTHA NARAIN SINGH: Indira Gandhi has been a very important leader of this country. There are so many Institutes at her name. It would have been more logical if this university were given the name of some important tribal personality. This Bill has been brought to give a decent shape to the ‘education for all’ campaign. This university has been formed for higher education and research. So the hon. Minister should clearly and elaborately clarify the points in which this university will be different from other universities. You should direct the State governments that such a tendency should be created among more and more tribal students that they are compelled to go to schools, their school going tendency get increased and the parents also get intended to send them to schools.

294 KUMAR DEEPAK DAS: This Bill is for promoting avenues of higher education and research facilities for the tribal people. This is a historical Bill, and on behalf of my party, I support this Bill. I want to raise two, three points for the consideration of the hon. Minister. I would like to emphasise that there should be a provision for merit scholarship scheme or any other new scholarship scheme in this Bill so that our poor tribal people get benefited out of this Bill while going for higher education.

We need not only more qualified but also highly motivated teachers. The State universities are facing serious financial crunch, mainly due to the inadequate allocation by the State Government. Therefore, I would like to give one suggestion to the hon. Minister that this university needs to raise its corpus fund.

SHRIMATI BRINDA KARAT: Why I would like to draw the attention of the House to this very important clause 4(ii) because in a way, it challenges, in a significant manner, certain efforts by dominant sections in our society to impose what they consider civilization norms on the Tribals and Adivasi communities. The term Adivasi means the original inhabitant of this country. They want the history to be changed by renaming them as Vanavasis. So many important traditions of democracy which the so-called mainstream civilized India should try to learn from the Tribal communities is not happening? It is precisely because these cultures have no institutional backer.

Therefore, what I would like to stress and what I would like to implore the Minister to take into consideration is, how to follow up this important initiative. Then the issue of funds is important. But more important than the issue of funds, the issue of personnel is very crucial. Therefore, there must be in the selection process, a

295 transparent procedure to ensure that those who are going to take the leadership in implementing this mandate and charter of the first. Tribal Central University in this country, should be the people who would try and promote the importance of Tribal culture. I am sure he will agree with me that you cannot accept a right on the one hand and take away a right on the other hand. Where we have accepted and recognized the rights of Tribals in forests, we must ensure that that Act is implemented there.

SHRI : First of all, I would like to thank the hon. Minister for bringing this Bill. I do hope that by this Bill the culture of the tribal people will proceed further. Through you I request the hon. Minister that in the university which is going to be formulated the teachers of Santhaali language and OI Chiki should be appointed. Many tribal leaders like BIRSA Munda, Sidhu-Kanu have sacrificed their lives to make India free. There should be some universities in their names also in future. * * * * * * * *

V.K. AGNIHOTRI, Secretary-General. [email protected] ______****Supplement covering rest of the proceedings is being issued separately.

296