Tuesday, April 18, 1978 Chaitra 28, 1900 (Saka) LOK SABHA DEBATES
( S i x t h Scrim)
V o L x m
( A p r i l 5 (919, i 97S C h * l t r « 15 t o 1) , i f M I M >)1
Foarth Scttlo*, iyrB/rtfj i f
(Pa/. */// cwurinfNtt. 31 —40)
LOE SABHA SECRETARIAT
N E W D E L H I CONTENTS
N o. 39, Tuesday, A pril 18, 1978fChcdtra 28, 1900 {SAKA)
Oral Answers to Question.’ . C o l u m n s •Starred Questions Nos. 760 to 765,768 and 769* 1—32
'Written Answersto Questions: Starred Questions Nos. 766, 767, 770 to 774 and 776 to 779- 32— 44
Unstarred Questions Nos. 7131 to 7266 and 7268 to 7319 * 44— 240
Papers laid on the Table . 240—41 Re. Calling Attention 241— 42
Public Accounts Committee— Seventy-third Report presented 242
Committee on Public Undertakings — Fourth Report and Minutes presented 242— 43
Committee on Private Members’ Bills and Resolutions— Sventecnth Report presented 243
Committee on Petitions— Third Report presented...... 243
Matters under Rule 377— (i) Reported Withdrawal o f Consent by Chief Minister o f Karnataka to the exercise o f powers by C.B.I. in the State Shri Kanwar Lai G u p t a ...... 243—45 **(ii) Reported Delay in Supply of Enriched Uranium by U.S.A. for Atomic Power Plant at Tarapur Shri Hari Vishnu K a m a t h ...... 245— 46 (iii) Reported Drought Conditions ir. Manipur Shri N. Tombi Singh 246 (iv) Reported Threat to resort to strike by officers of nationalised banks Shri Vinodbhai B. S h e t h ...... 247 (v) Reported Fire in Indian Embassy at Manila Shri S. S. L a i ...... 247— 48
•The sign -f marked above the name of a Member indicates that the question was actually asked on the floor of the House by that Member. (ii) Demands for Grants, 1978^79— Columns Ministry of External Affairs , 251— 68, 288—416 Shri Somnath C h a t t e r je e...... 251— 56, 406—407 Shri Hari Vishnu K a m a t h ...... 256— 64, 403— 404 ^ Shri Ram Prakash T r ip a th i...... 264—68 Shri K. Mayathevar ...... 288— 94 Dr. Subramaniam S w a m y ...... 295—304,' 410 Shri C.K. Chandrappan ...... 304— 10, 405— 406 Shri C.M. Stephen ...... 310—21 Shri Krishan Kant ...... 321— 29 Shri K.P. Unnikrishnan ... 331— 40, 397—98 Shri U.S. Patil ...... 340— 43 Shri Ratansinh Rajda ...... 343— 48 Shri Nirmal Chandra J a i n ...... 348— 53, 412— 13 Shri Ram Jethm alani...... 353—61, 409— 10 Shri Balwant Singh R a m oow a lia...... 361—64 Chowdhry Balbir Singh ...... 364— 67 Shri Shriknshna Singh .... 367— 72 Prof. P.G. Mavalankar ...... 372— 75, 401— 4 J2 Shri Chitta Basu...... 376— 77 Shri Atal Bihari Vajpayee . . 377—97, 4 i4 ~ i5 Calling Attention to Matter o f Urgent Public Importance— Cyclone in Orissa— Shri Somnath C h a t t e r je e ...... 269, 271— 74 Shri Surjit Singh B a ra n a la...... 269— 71, 274— 75, 278— 80, 284— 85, 287— 89 Shri Jyotirmoy Bosu . . . 275— 78 Shri Laxmi Narayan N a y a k ...... 281— 84 Shri Govinda M u n d a ...... 285— 87 Business Adivosry Committee*--
Fifteenth Report presented 4 17— 18 LOK SABHA DEBATES
i 2 LOK SABHA number of Commissions but it is un decided about the composition of the Law Commission It is rather an unfortunate factor that it is a prison Tuesday, April 18, 1978/Cha»tra 28, er of indecision here in this matter 1900 ( Saka) May I know, therefore, from the government when the Chairman and the Secretary were appointed and The Lok Sabha met at Eleven of the what are the formidable reasons for Clock the delay in the appointment of the IMr Speaker tn the Chair] other Members of the Commission? SHRi SHANTl BHUSHAN So far ORAL ANSWERS TO QUESTIONS as the Char man and the Member- Secretary were concerned, they were Appointment of Chairman and Mem. appointed a few months ago I* ' berg of Law Commission intended that the Law Commission + should consist of four members in *760 SHRI G M BANATWALLA cluding the Chairman The Chair man and the Member-Secretary have SHRI MUKHTIAR SINGH already been appointed The appoint MALIK ment of another Member ha& already Will the Minister of LAW JUSTICE been processed and approved by the AND COMPANY AFFAIRS be pleas Appointments Committee so that it ed to state will be announced within a few days So far as the fourth Member u» (a) whether Government have since concerned what I wish t0 say is that appointed the new Chairman and it is extremely important that a per other numbers of the reconstituted son who would really fill the role with Law Commission, and distinction has to be appointed There (b) if so the details ttereof? fore consultation with the Chair man of the Law Commission is going THE MINISTER OF LAW JUS on The Chairman of the Law Com TICE AND COMPANY AFFAIRS mission is trying to find out who (SHRI SHANTl BHUSHAN) (a) would be the most suitable person and (b) Shri Hans Raj Khanna, a for the fourth membership of the former Judge of the Supreme Court Commission As soon as that is com has been appointed as Chairman and pleted the appointment would be Shn P M Bakshi a member of the announced Central Legal Service has been ap pointed as Member-Secretary of the SHRI G M BANATWALLA It is very obvious that there is no satis reconstituted Law Commission factory reply to this particular point The question of appoiting the other Since a few months the consultations two Members of the Commission is are going on and this government is under consideration not in a position to appoint even four members of the Law Commission SHRI G M BANATWALLA This This is a very unsatisfactory state of government has appointed a record affairs We can understand that very 512 3 Oral Answers APRIL 18. 1978 Oral Answers 4 outstanding persons are to he appoint by my learned colleague. But this ed. That does not, however, mean long reply by the hon. Minister to tfcat the constitution of the commis the question does not satisfy the sion should go on in an unsatisfactory House. However, I would like to and piecemeal manner. May I know know from the hon. Minister whe in what time would this entire Com ther for constituting'such an impor mission be reconstituted? May I tant body, the Bar Council of India know what was the occasion for the has been consulted in the matter or re-constitution of the Law Commis- not. *on?
SHRI SHANTI BHUSHAN: The SHRI SHANTI BHUSHAN: No, occasion for the re-constitution of Sir. the Law Commission was that a Law Commission is appointed for a term SHRI K. MAYATHEVAR: Law of three years. When the term of Commission may be dealing with the the three years of the previous Law law questions including the amend Commission expired, then the Law ment to the Indian Constitution. Commission was re-constituted. We, Therefore, what is the special quali at that time, decided that the Law fication for the appointment as a Commission should not be too large Member or the Chairman of thi3 Com a body. We, therefore, reduced the mission? Is it the High Court Judge membership to four including the or the working judge or the Supreme Chairman and the Member Secretary. Court judge or retired judge of the As I informed the hon. member just High Court or the Supreme Court. now one more Member’s name has been finalised. It has been processed. Because the person was over 60 years SHRI SHANTI BHUSHAN: The of age, therefore, some formalities Chairman and the Members could either be serving judges or retired had to be complied with. The ap pointment has been approved by the judges of the Supreme Court or the High Court or he could be a l«'gal Appointment Committee. Therefore, expert, a jurist, a professor of Law very soon, it will be announced. in a University of India. This is the So far as fourth Member is con field from which a person can be taken. cerned, the Chairman of the Law Commission had, after some enquiries, suggested a distinguished name. Shortly, thereafter, he informed the Case regarding Swadeshi Cotton Mills Government that that distinguished Ltd. person for some reasons, individual and personal reasons, was not willing *761. SHRI MOHAN LAL PTPIL: to come for the Law Commission. Will the Minister of LAW, JUSTICE Therefore, the Chairman is looking AND COMPANY AFFAIRS be pleas out for another person because the ed to refer to reply to Unstarred Chairman is anxious that a really Question No. 2853 on 14th March 1978 distinguished person who can really regarding Delhi High Court orders perform an important function in the on Appointment of New Directors of Law Commission should be selected. Swadeshi Cotton Mills and state: Therefore, he is in the process, he has not yet been able to select that (a) the outcome of the Petition for fourth person, after he selects, and Special Leave to Appeal under Article suggest to us, then we will process the matter. 136 of Constitution along with Applica tion for stay of operation of the order SHRI MUKHTTAR SINGH MALIK: of High Court filed in the Swadeshi I fully support the observations made Cotton Mills Co. Limited case; and 5 Oral Answers CHAITRA 28, 1900 (SAKA) Oral Answers 6
(b) what interim measure* Govern* arra^TT MTf?rr j fa? * «par % ment propose to take to ensure stop page of further deterioration of the ftrcr 3TT^if I 6 f?r^ R , 19 77 working of the company under the «r$r qr arfarjft f f i continued rms-management of the present Managing Director? rHT ^ f W 'TST £ I
THE MINISTER OF LAW, JUS ^T^cTT 5? f f SR Wft 5PF ^ TICE AND COMPANY AFFAIRS ft srrspfr 1 (SHRI SHANTl BHUSHAN) (a) Petition for Special Leave of Appeal came up for hearing before the flrfwpr 1JJ«T : irm nr w&z Hon’ble Supreme Court on Monday, the 10th April, 1978 After hearing % ^ fr spr# Tar the parties for sometime the Court cr? ha w? frnn arrnT 1 ft adjourned the matter to 24th April, 1978 Mr it s n m f 1
(b) The matter is sub-iudice and cp^ ?R^TT 5»T arrt *T f’TnFr 5T ^ tio further action can be taken under fTSTfTTftfaRT TQ ^cTT ^frTT ^ fw # the Companies Act 1956 However, as per the Notification No SO 265/(E )/ T3r ?fT % f'Ttr ^rrq-n- 1 jttwht 18AA/IDRA/78 dated tne 13th April, 1978 the Ministry of Industry Depart n q?r tfY | fw «rm y ment of Industrial Development have eft ftFr ?rr ?t»fr 1 in exercise of powers conferred by clause (a) of sub-section (1) of Sec $ Jr yrrfrgre tion 18AA of the Industries (Deve lopment and Regulation) Act 1951 WT tr«rpT^5^ f¥*TT (65 of 1951) authorised the National *r*rr t 1 srsr tt sttot wr Textile Corporation Limited to take over the management of whole of the fam & 1 z ^ arr^ *r said Industrial undertakings namely (l) M/s Swadeshi Cotton Mills Kan wfm WOT : ^ 0 z\o ?fto srra Pifcrar * It If 3R7TT *PTTT *fft % tt z v ynrr ^pt f?nT %*IT f*T *TR»T % 6 % 1 «rfTf?*TfcT ^rt sfrr ^rt vft ws* «frt z v *rtflnr fVtTT | | *TT5r w w i t ^ *rt 35OT I
ii|W wro ffiraf ifr tor 2
Ltd. Swadeshi Polytex is run by SHRI SHANTl BHUSHAN: In view Jaipuria Brothers. I say the money of this ruling, I cannot answer that. from Swadeshi Cotton Mills Ltd. has But, if you give me the option, I can been diverted by Shri Sitaram Jai answer. puria. MR- SPEAKER: You may answer MR. SPEAKER: Please come to that. the question. SHRI SHANTl BHUSHAN: So far SHRI K. LAKKAPPA: Sir, this is as the taking over of the manage a very important question. There ment under the Industries Develop has been allegation against Shri Sita ment and Regulation Act is concern ram Jaipuria. ed, it is just like the taking over of the Swadeshi Cotton Mills and that is MR. SPEAKER: We had a discus within the purview of the Industries Ministry. That does not concern the sion on this even earlier. Law Ministry. SHRI K. LAKKAPPA: I want to know from him what prevented the So far as the appointment of Gov Government from taking over the ernment directors under Sec. 408 of Swadeshi Polytex Ltd. run by Shri the Indian Companies Act is con Sitaram Jaipuria. What are the rea cerned, for instance, in Swadeshi sons for that? Cotton Mills Ltd., Government direc tors had been appointed under Sec. 408. But, the operation of that order I would like to put a straight ques- was stayed by the Delhi High Court. tion. The Law Ministry specially, I hud had an occasion to inform this the Law Minister, was engaged by House earlier that so far a5 Swadeshi Shri Sitaram Jaipuria in two cases Polytex Ltd. is concerned, there were namely under company petition No. certain allegations which were being 20 of 1977—-Swadeshi Polytex Ltd. as enquired into. Inspection of the also under company Petition No. 21 accounts had been ordered. As a of 1977.** result of the inspection of the ac (Interruptions) counts, that question would be exa mined as to whether there is a case MR. SPEAKER: I am not allowing for appointment of Government dir that unless you give prima facie ectors under Sec. 408. proof.
SHRI K. LAKKAPPA: I would ^ 8^ TO : srnpTT ^ now put a categorical question. (In tPTZ7T f*r??r % ajfaro tpr terruptions). In view of that, will the Minister kindly consider the tak fazrr l t o spr wnvn ing over of the Swadeshi Polytex * 5 1 fajartw jh s w t t s m m rm x Ltd. run by Shri Sitaram Jaipuria as
••Not recorded. 9 Oral Answer* CHAITRA 26, 1900 (SAKA) Oral Answers xo
W f a r m m $ o t «pt t m tfo : stated up till now has been a sort of eye-wash What will be the posi wr fo r jpfrrr %■ f*i% ? tion vis-a-vis the Company Law Board ^ «wwt *r$torSHRI SHANTI BHUSHAN So far ^rar €to ?fro ^ Tt as the first part of the question is concerned in regard to proceedings wtc< f%m f ?ft ottt relating to the investigation under ^ T*far ^ t t f r *rt ?r^ct tt Section 408 of the Companies Act against Swadeshi Cotton Mills Limited, %frrrq- wraw as I have stated earlier, as a result «TT «rVr fa * % T O ^ 3T3T ipftT of the investigation, the Government *rnrrr ^ T fw «rr 3 w r «f w u b had decided, in fact appointed Gov ernment Directors under Section 408 fw w wVr ot TT ^3TT ^ TT 3RTT«PFT But m respect of (Interrup i ar^r 'TT «tVt m»rt ^ Ttf w it tions) Now, even before the Gov 4*iHtTT fsrar £ ernment made that order, a writ pe tition had been filed m the Delhi High Court The Delhi High Court «ft yiw i w w fan|t^ had made an order saying that the »r^rrf f¥srr 11 proceedings may go on and the Gov ernment could proceed with the con sideration of the matters under Sec «ft tfftr ijr»i 3ft f& tion 408 and may also make an order ?ft sffTfqr fc*rf?r m wvrft Tt ^nfr if necessary But the order shall not be given effect to till the High Court n^TTt fn- Ttf * TTf ifaft permitted the same to be done There «i*Tnfy ^rnrift f f fT*r ?rrf ?r o t t t fore an order under Section 408 was »M*n f%rqr srr stt?tt f i “ “f , app“ nt“ 8 the Government Directors but which had not been Riven effect to Thereafter the wnt SHRI SAUGATA ROY Sir, m May 1977, the Company Law Board had CourtCourt°n ItZ‘S was admitted1 “ the Dellu and a » Btay2h to undertake inspection under Sec o f Z T L T * '*°ymg the °Peration tion 209(a) of the Companies Act Department of Company ttrec- and a notice was issued to this com tors under Section 408 sinC(v the pany under Section 408 of the Com matter is still sub judice, because the panies Act I do not know why Dir C * ■ f n Pending ^Thetrc- ectors could not be appointed in the this maH be Possible to go into company to prevent the affairs of this matter namely as to what the company from being conducted ceodings had been done because the m a manner detrimental to public S 5 ' - * n Pending < Z r £ interest My question is m regard to the backlog of the wages Let the U P Government appoint a receiver whpfl ®P®AKER He wanta t kno who in the exercise of his rights attach shares worth Rs 10 crore of css.’ss’i s — — the Swadeshi Polytex invested m the Swadeshi Cotton Mills I would like to know from the hon Minister whe ther he would place a report of the i s r s y r i f investigation carried out by the Com ?hf matter “ Pending in pany Law Board on the Table of the o LSW 1 co»^er « House because whatever has been to whether it would be oroper to lay any such document 7 XI Oral Answers APRIL 18, 1978 Oral Answers , J.2
SHRI SAUGATA ROY: What about THE PRIME MINISTER (SHRI my second part of the question re- MORARJ1 DESAI): May I ask my garding Swadeshi Polytex...? hon. friends, why can they not speak more politely? Why do they always want to have a quarrel, I cannot un SHRI SHANTl BHUSHAN: So f « derstand it. ( Interruptions) It is not as the other part of the question is the way to do it. (Interruptions) concerned, perhaps the hon. Member has got a little mixed up because it * MR. SPEAKER: What is most dis not that Swadeshi Polytex has got turbing is, when one man gets up shares in Swadeshi Cotton Mills Ltd. and speaks, I can understand it, but On the other hand, Swadeshi Cotton does he require the support of another Mills Limited has got certain shares in half a dozen people to shout together? Swadushi Polytex. So far as those I think the voice of Mr. Saugata Roy shares are concerned, as I had said is loud enough to be heard by every on an earlier occasion, the receiver body. Is Mr. Lakkappa's assistance appointed bv the State Government necessary? Mr. Saugata Roy is on for the pu»po&e of collection of elec his legs—I can understand that. If tricity dues which was due to the there is any error that can be cor U.P. State Electricity Board had rected. But I cannot understand half been appointed and then these shares a dozen people getting up and saying were attached The delivery of these “No, No”. What th<> Minister said shares, according to my information, was that there was a mixing of thought has not been procured by the recei and it is a polite expression. ver but the icceiver had advertised (Interruptions) and invited offers for the purchase of SHRI SHANTI BHUSHAN: May 1 these. There have been certain oilers clarify? Perhaps, the hon. Member and one of them had been accepted, would appreciate that the Swadeshi namely, a large industrial house. Cotton Mills Limited, which is ope I had occasion to inform the House company, owned shares in the other that no application for approval of company viz, Swadeshi Polytex the Law Ministry, namely, Company Limited. Now the sentence to which Affairs department under section 372 my attention has been drawn by the of the Companies Act or under the hon. Member, the relevant portion MRTP Act had been received so reads like this “Let UP Government far. . (Interruptions) appoint a receiver who in exercise of his rights attach shares worth Rs. 1 SHRI SAUGATA ROY: I am read crore of the Swadeshi Polytex”—of ing from the statement of the Indus course, it can refer to the shares of tries Minister and what I said was Swadeshi Polytex Limited—"invest- correct. The hon. Law Minister says ed in the Swadeshi Cotton Mills." that what I said was the wrong thing. Perhaps, the happier expression should have been “invested by the Swadeshi (Interruptions) •• Cotton Mills”. ‘In’ or ‘by’, in a com- plex sentence many people use a particular word. Invested in the MR. SPEAKER: Don't record. All that the hon. Minister said was that ? w2 S 1,0ottan MUk-that is money there was a little confusion because invested in the Swadeshi Cotton mid. i i? 6 “t080 that Swadeshl Cotton the shares were not taken by Poly *01* thow shares to Mother ™ tex---- (Interruptions) For every small mater should people get up . S i ! ! ? 1” “ * Mnae ^ "■ like this? garded as investment in the Swadeshi Cotton Mills. This is also one of the ••Not recorded. Oral Answers CHAITRA 28, 1900 (SAKA) Oral Answers 24
investments. But this is merely a ft * x matter of language Language is a vehicle of thought Many people vflTTcT | 1 ft *1$ $ERT ’STTqcTr £— fsnff speak in different ways But both ar? % w w fosnt: ft* * mean the same * 5 ?rercn m zv t v t §f*nn Relaxation of Restrictions on Seasw JfTR q % f5T^ «TT5 ’Sn*TT Ticket Holders on Paschim Express t t 7 ■USmk *762 SHRI SOMJIBHAI DAMOR sfto TO Will the Minister of RAILWAYS be *J^T SPFT »wr I, SPFT pleased to state f^RtcTr I far ftJTT!T5ft?r«Pt (a) whether the additional restric tion was relaxed for season ticket hol- ^•T^T^T ^T??TT f ---- 5IT5T »PTT TT ^ uers for travel by Air Conditioned ex ZZ 3TT% T oTTS 3T3T ^ *PT fT^STT *PT press (Deluxe) Paschim Express dur TT*T fHTCT fTPft ^ t flfanT- ing August 1J75 till further notice, and wt gfasu w fa* % 53TT3KT 3ft «ft I 3 ^ 1* 5TTJT * 5* ft (b) if so the reasons for not relax, ini t prrs< nt between Vadodara and art ft I , *r & 1 ^ 1% Dobad7 1975 wr f3r?rfr«r f $ r r »n?rfr®|i srw j *r f ^ s r r 1HF MINISTER OF RAILWAYS 976 (PROF MADHU DANDAVATE) 1976 % sffa tftsnr fere vt (i) and (b) A statement is laid on q? 5f*wnft*nf 1 ^ s r w r ^ T the Table of the House q f ^ i$wsrcr— 5T*nfe*rr Statement ^ ft «ft 1 $*r(t *rrfon ?% w ? f t (al Season ticket holders are not *rf «ft, wzrwr rt **rw ?r permitted to travel by 25 Dn/26 UP vrttz rr fcm *m m 1 fa? AC Express (Deluxe)/Paschim Ex fzwz *rt ?;jt »rrfwt press trains Due to extensive brea ches tram services were drastically ft m n ¥ t ?ft *Tf aft 1 £f«nr curtailed during August/September, ^ftftt f s r 3 ix t v ^ ^ ^ T W ir^?Tf?nT- 1976 Season ticket holders were temporarily permitted to travel by * t gfaSTT rjr t t f t v i v f t t JTPft these trains between Godhra and Va faqfrr TT WT f?qr P T I dodara upto 30-9-1976 This was done J ?r *T f k w t JTTnft gfatfT ^ t X% only as a temporary measure to alle viate the difficulties of daily passen gers till normalcy was restored. «ft ^ T m tr ft% ^ (b) These trains cater for long dis tance passengers and the occupation «TT «n«T ?ftlR f z w z «mft T t being heavy, season ticket holders ZX *T jf^t | I snr cannot be permitted between Dohad wim ft q-^srr fer ^ «ft »nf3nft and Vadodara ?t f VT ?Tfi?TT ^ ?ft HT’T ?fWt T t sfhnft nr# n*ftr : irRrfhr «ft *r*rra;1 STSarSfT 3ft, ^*ft 3 WZrHYK ^TRTT lS^T 20Wn^T73r^fa^3TTcfr «it, to tsrt * wtM tt srfarsr ^ 1 » p r sjrr«r ir?r^ ** ?ft sft fo n w $ 1 *rnft 7 ^ qRcsrvr 1 $ w T^t t , f t «nsr *jjsnw «n*nft 1 w r ^?ft gfror t»r 7 Oral Answers APRIL 18, 1978 Oral Answers 16
sft© *wj w wfc : «rnr % (2) retirement age; and (3) grant of other benefits to f«Pr> i *rfe *rnr to *rrfeft vt in Library. See No. LT-2127/78]. ?TT^9R tft f w *T eft OTWT SHRI MANORANJAN BHAKTA: ^rrgw $m fa t o # vnqfoH 139 The Law Commission suggested that ?flF5ft?> sideration. ?fr»ft sflrc 5*r »t «ft *r^ wr^r srmr T$f I fo STM faf&T ^ *t «rT ^ long as the matter is still under con ?pt *3t r Recommendations of Law Commission SHRI MANORANJAN BHAKTA: t The High Court Judges (Conditions of Service) Act, 1954 and the Supreme *763. SHRI MANORANJAN BHAK- Court Judges (Conditions of Service) TA: Act, 1958 were amended in 1976. Con SHRI PRADYUMNA BAL: sidering the suggestions made by the Law Commission, sometimes it appears Will the Minister of LAW, JUSTICE much more benefits have been provided AND COMPANY AFFAIRS be pleased by the amendments of 1976. That to state the action taken by Govern was the time of the emergency and ment on the recommendations contain there was very often criticism in this ed in the 58th Report of the Law Com House and outside regarding commit mission on structure and jurisdiction ted judges, etc. In view of the chang of the higher judiciary in respect of ed political situation, I want to know the following matters; whetther the government is thinking of re-examining the whole amend (1) appeals in criminal cases; ment made during that period? * 7 Oral Answers CHAITRA 28, 1000 (SAKA) Oral Answers 18
SHRI SHANTI BHUSHAN: What- About the other part of the question ever improvements were made In the relating to facilities * for providing conditions of service of the judges of better criminal justice, it is true that the High Courts and Supreme Court I had wntten a letter some time back by the amending Act of 1976, there is to the Chief Ministers of all the States no proposal under the consideration of in the country drawing their attention the government to withdraw any of to the fact that even criminal justice them. was too much delayed and pointed out the various serious consequences SHRI SOMNATH CHATTERJEE* which arose on account of delays not May 1 know whether the government only in the administration of criminal is considering raising the retirement justice, but also m the administration age of Supreme Court Judges and con of justice by itself and I had suggested sequently the retirement age of High that perhaps they might consider the Court Judges because they want to question of constituting more courts keep a distinction between the Sup and taking other step® also, whatever reme Court Judges and High Court might be feasible, to rectify the situa Judges9 May I know whether the tion In that connection, many of the the State Governments m regard to State Governments have already in providing proper facilities with regard creased the number of courts and to dispensation of criminal justice? So various other things are being done far as I know, a representation has and the Chief Minister of West Bengal also wrote to me saying “Yes, we are been made by the West Bengal Gov trying to increase the number of ernment for financial assistance May I know whether the Government is courts, providing more court rooms, buildings and so on but then there considering it? are financial implications". He wrote that special assistance to the West SHRI SHANTI BHUSHAN So far Bengal Government might be provid as the age of retirement is concerned, ed by from the Central financial assis the suggestion made in the report of tance in that connection Now, it is the Law Commission was that the age obvious that this is not a problem of retirement of High Court Judges special to the West Bengal Govern should be raised from 62 to 65 At ment, this is a problem which occurs that stage it was decided by the gov in almost all the States of the country ernment not to accept that recom so that the question of providing any mendation of the Law Commission special assistance only to the West because the government felt that there Bengal Government and not to other should be a difference in the retire Governments obviously does not arise ment ages of High Court Judges and But so far as general assistance to Supreme Court Judges, one of the State Governments etc, is concerned, reasons being obvious, i.e., some at that is a general question and obvious traction for going to the Supreme ly everything, allocation of funds etc., Court is provided even by the differ is taken into consideration ence in the two ages.
Now, so far the Government has not applied its mind to the question New Direct Train from Ahmedabad to of making a general raise in the age Madras of retirement of the Supreme Court Judges also except the fact that the *764 PROF P. G. MAVALANKAR: former Chief Justice of India had sent Will the Minister of RAILWAYS bu a suggestion some time back that the pleased to state. age of retirement of the Supreme Court Judges should also increase, but no (a) whether Government have consideration has been given to that started a new direct train between proposal. Ahmedabad and Madras; 1 9 ...... Oral Answers APRIL 18, 1978 Oral Answers
(b) if so, when and with what ed in such a way so as to enable him- periodicity; dreds of thousands of people at (c) is it an all second-class train; Andhra Pradesh who live in Ahmeda- amd bad, Baroda and other placeg in Guja rat to catch this train and get down (d) if so, what are the special and at a particular station to go on their additional passenger amenities provid onward journey to Hyderabad and ed on the said train? other places.
THE MINISTER OF RAILWAYS PROF. MADHU DANDAVATE: He (PROF. MADHU DANDAVATE): (a) has congratulated me, but during the to (c). Yes Sir, 145/146 Madras Beach- Question Hour he must only say Ahmedabad weekly Navajivan Express “Whether I can congratulate.” Anywar* has been introduced with effect from he has congratulated me. I am thank 6th April, 1978. It is a classless tram ful to him. As for the suggestions having only Ilnd class accommodation. which he has made, we have already (d) It is a fully reserved fast train made the announcement. Firstly, as far as the frequency of the train is with Second Class cushioned sleepers. concerned, the occupation of train Janata Bed rolls are supplied on de- goes on increasing as the frequency mand on payment of prescribed char increases. It is directly proportionate ges. Water containers have also been provided in the coaches to provide to the occupation and therefore, we are watching the occupation o£ the cold water. A pantry car has been train. Secondly, we quite see the provided on this train to supply hot food. A lending library has also been difficulties of people coming from other regions of South like Andhra, Manga introduced on the train. lore. and Kerala. I have already an PROF. P. G. MAVALANKAR: Sir, 1 nounced while introducing the tram d0 wish to congratulate my friend, the that within a few days we are going Railway Minister for starting this new to have some additional bogies for peo tram which has been a great help and ple travelling to Kerala and other it was welcomed by many people. parts so that they should be able to ‘Classless society’ is all right. But I get full advantage. In addition to do not know why he calls it a ‘class that ... less train’. What he means is a single class train—only the second class. I SHRIMATI PARVATHI KRISH- would like to ask him, apart from con NAN: At least you give South Indian gratulating him on this and also con names to the additional bog facilities, and you will be happy to that it starts from Ahmedbad, goes to know that our idea is to give more Baroda, then to Surat, Nandurbar, connections between Ahmedabad and Jalgaon, Manmad, Dhond, Sholapur, Madras, not only in terms of carrying Guntakkal, Gooty, Renigunta and then passengers, we have also tried to de to Madras. The tickets for all the pict, in this very train, the saga of In stations are available. Reservations dian freedom movement, in which the for the intermediate stations are avail* important events in the life of Gan- able. And since the train does not dhiji when he led the struggle, have stop in between these stations, the been pictorially inscribed, and Impor question of reservation does not arise, tant quotations have also been ins for others. cribed. We have received very good response to it. Secondly as regards the janata bed rolls, if the hon. Member travels by PROF. P. G. MAVALANKAR: this train, he will And that we have Music is also very important. Music taken proper precaution to provide is soothing. clean janata bed rolls, so that passen gers should have sound sleep and not PROF. MADHU DANDAVATE: If be disturbed by the bad smell of the he travels by this train, he will find janata bed roll. That precaution has that tho entire music of the wheels is been taken. also vi:ry pleasant. As regards the extension of the Ira:’:, PROF. P. G. MAVALANKAR: He Members will be very happy to know said in his answer that it was a fully that we want such facilities oe reserved train. I want to know extended to different regions. An*, whether reservations are also possible therefore, we are already examining for the passengers to Madras or trice- the starting of such classless trains, uersa at the intermediate stations, and with all these facilities. We are whether the janata bed rolls which examining the problem of starting are provided are really of good quality them between Bhubaneswar-Secun- or they are only of janata quality. derabad; Secunderabad-Bombay and (Interruptions) When we give things similarly between Ahmedabad-Bhev- free or at low cost, we don’t look at nagar-Porbandar and also between the quality. I want that quality Bhubaneswar and Delhi via Asansol. things should also be given. We should not look merely at the price. I did not MR. SPEAKER: Mr. Minister, you mean Janata Party quality! I said are extending the scope of the question. janata quality. I want to know whether the quality of the thing will PROF. MADHU DANDAVATE: He be looked after, and what is the fee has asked the question. charged for the bed roll? Finally, the Railway Miniser has already started MR. SPEAKER: That is why I said this train. There is also a train from that the last question need not be ans Ahmedabad to Calcutta. Will he also wered. Once you extend the scope of think of having a train by name the question, the supplementaries will 'Young India’—a name also given by also be extended. Gandhiji—between Ahmedabad and PROF. MADHU DANDAVATE: Now Delhi via Jaipur, so that these States about the last train. I have mention can also be connected? ed these trains. There is also one MR. SPEAKER: The last question train in the northern region, I tiust does not arise. mention it. Otherwise I will be guilty of regionalism. There is the Howrah- PROF. MADHU DANDAVATE As Jammu train which will pass through far as part A of the question is con Patna, Lucknow and Ludhiana. We cerned, the entire train is so devised are also trying to examine it. 23 Oral Answers APRIL 18, 1978 Oral Answer»
SHRI VIJAYKUMAR N. PATIL: THE MINISTER OF RAILWAYS Will the Minister consider the possi (PROF. MADHU DANDAVATE): (a) bility of linking Nardana and Dhule to (d). A statement is laid on the .line, a distance of 20 miles with this Table of the Sabha. train? It is lying in the region bet ween Ahmedabad and Madras. This Statement Nardana-Dhule-Chalisgaon line will re duce the distance between Ahmedbad The number of train accidents in the and Madras by this train by 60 miles. categories of collisions, derailments, There is already a demand placed on level crossing accidents and ares in the Government by the people of Dhule trains which occurred on the different district, for the provision of this 20- Railways during the penod 1-10-1977 mile link between Nardana and Dhule. to 31-3-78 and the number of persons killed therein is given below:— PROF MADHU DANDAVATE; That is altogether a different question. Railway No of No. or MR SPEAKER. Mr. Minister, You train persons have opened the topic. That is the accidents killed difficulty. Anyway, the Mimser will consider that. I. Central 67 8
SHRI VIJAYKUMAR N. PATIL: 2. Eastern 36 8 Will the Government agree to this at least? 3* Northern . 6a 77 North Eastern PROF. MADHU DANDAVATE: 1 am 4- 35 4 saying that already we have received 5- Northeast Frontier 29 .. a memorandum on those lines We will take it into account. I am not 6. Southern . 43 8 going to give a firm commitment. Un 7- South Central 39 12 less we examine the problem, it is not proper to give a reply. 8. South Eastern 59 .. Western MR. SPEAKER- May I suggest that 9- 59 29 the Minister may kindly reply to the T otal 41a <39 question1' Do not enlarge the scope. Then it will enlarge the scope of the (d) A sum of Rs. 2 51 lakhs approxi supplementaries. That is my request mately has been paid as compensation to all of you. under the Indian Railways Act, 1890 to the victims or their dependents in volved in train accidents during the Train Accidents period from 1st October, 1977 to 31st *765. SHRIMATI BIBHA GHOSH March, 1978. The other claims are GOSWAMI: Will the Minister of pending in the courts of the Ad-hoc Claims Commissioners/Ex-offlcio RAILWAYS be pleased to lay a state Claims Commissioners and the pay ment showing ment will be made to the claimants (a) total number of train accidents on the basis of the verdicts of the during the last six months; courts. (b) total number of people died in Out of 16 Railway employees who these accidents; were killed on duty in these accidents, a sum of Rs. 3,32,100 has been paid at (c) details zone-wise; and compensation due under the Work (d) total amount paid as compensa men’s Compensation Act 1923 in the tion? case of 14 deceased employees. »5 Oral Answers CHAITRA 28, 1900 (SAKA) Oral Answers 26
SHRIMATI BIBHA GHOSH GO- not be shifted. As regards the ini SWAMI; The Minister must be aware tial complaint that she has mention that there is a widespread feeling ed, we will see to it that when vacan that the maintenance ot the railways cies of gangmen occur, we will not is not up to the mark, especially, allow those vacancies to go uncover in regard to gangmen etc the accept ed or unfilled Injustice to gangmen ed formula for appointment or will always be avoided maintenance of manpower, what is called the Mufflrn formula, that for SHRIMATI BIBHA GHOSH GO- mula has been given up in many of SWAMI There have been 412 train the sections The result is that accidents causing 129 deaths 1 want vacancies caused by death or retire to know m how many cases sabotage ment are never filled up Consider was the cause of the accident ing also the fact that the volurre of traffic has gone up several times, this is a real danger for the safe PROF MADHU DANDAVATE I running of trains I want to know have already informed the House a whether the Minister has gone number of times that from 1st April through all these questions and 1977 to 31st March 1978 we detected whether he is considering the re 127 obstructions m the path Some placement of those vacancies caused of them were by way of removal of by death and retirement by appoint fish-plates, m some places the rails ing more gangmen and other man were cut Even though 127 attempts power necessary for fulfilling the were made, 8 of them resulted m Mufflin formula at least, if not more accidents due to sabotage In addi staff tion to other steps, m November we »et up a patrolling agency of 25,000 PROFF MADHU DANDAVATE men—14,000 gangmen and 11,000 There are two aspects of the pro RPF men—and I am very happy to blem One is mantenance The say that after starting the practice second is the question of allotment of patrolling froir 23rd December of work to gangmen and judicious 1977 not a single accident due to implementation of the formula that sabotage has taken place, and has been observed so far I am very that is a tribute to our gangmen and happy to inforir the House that re RPF men cently we had tried to strengthen and to reinforce all our maintenance SHRI T A PAI May we know arrangements and a number of whether the Minister hat, raised the mechanical devices are also being quantum of compensation m the case introduced As far as the problem of deaths from Rs 50 000 to Rs 1 of gangmen is concerned, I have said lakh because the cess collected is it in this very House, that for a leaving an insufficient balance every variety of reasons we would perfer year and it would be fair that the to introduce the concrete sleepers, travellers by trains are treated on instead of the wooden sleepers, be a par with travellers by planes? cause the durability of the concrete sleepers m the long run will be very PROF MADHU DANDAVATE: high, about 50 years mstead of the The hon Member, who is also an ex- usual 12 to 15 years for wooden Railway Minister, is aware of the sleepers When we are introducing fact that even this particular quan the concrete sleepers, in that new tum of compensation of Rs 50,000 arrangement, gangmen are not able was introduced after considerable dis to do it manually and, therefore the cussion Normally, there is some job has to be done mechanically sort of link between the compensa But even with this mechanisation, tion paid to the victims by the air we will see that the gangmen will ways and the compensation paid by .27 Oral Answers APRIL 18, 1978 Oral Answer* 28
the railways. In air. the risk is sup main in theory, I would have been posed to be enormously large and, extremely happy. Then there would therefore, to that extent the compen have been no danger at all. But it sation quantum has always been more has been put into practice. there. There is a certain interna tional concept that has been accepted, There were 127 obstructions to the railway track in the form of re and it has always been accepted that moval of fish plates, tampering with whenever there is an upward revi the track cutting of the rails etc. sion of the one, there is an upward They resulted ultimately in eight revision of the other. In fact, I my accidents. Even after introducing self had suggested that this should patrol, we find that 27 attempts at be examined. We have examined this and come to the conclusion that sabotage were there, but they were detected by our patrolmen w p II in the maximum compensation should time before the trains could pass. be Rs- 50,000 and that if we revise it upwards, the compensation to the In the case of these eight accidents which were due to sabotage, there air victims will have also to be rais is no clear-cut indication. The final ed. At present we are confining ourselves to Rs. 50,000. Let there report has yet to come. be no incentive for accidents. In one case, 13 men at Murtajapur SHRI SHAMBU NATH CHATUR- have been arrested .but I wish to make it clear that they do not happen VEDI: May I know how the accident figures of the current year compare to be railway employees, becau.se a theory is sought to be built that be with the figures of the previous cause bonus has not been given there years? is discontent and the workers arc; PROF. MADHU DANDAVATE; In indulging in it. In 1974, there was 1974-75 for this period the number the maximum discontent and a 20 of accidents was 479. They are 412 days strike, but not a suagle act of for this year. In 1975-76 it was 428, sabotage took place even during that in 1976-77 it was 368 and m 1977-78 struggle. Therefore, I do not want it is 412. to allege that the railway workers arc indulging in this. No railway SHRI BEDABRATA BARUA: May worker has committed any act of I know from the hon. Minister what sabotage. has happened to the theory of sabot SHRI BEDABRATA BARUA; Are age? Has it remained only a theory political elements involved in it? or has there been any finding also that many of these accidents took PROF. MADHU DANDAVATE: place due to sabotage resulting in The enquiry is going on. No politi loss of life and property? I would cal identity has, been established, like to know whether, after six but it has been established that they months or one year of propounding are not railway workers. That much this theory, Government has comp to I can say. any conclusion as to who indulged in this sabotage. It is no use saying sftr if tor wftr for wtar there is sabotage, but we do not know who did it. We should be told * 7 6 8 . TTWTft irrN* : fJTr if they suspected certain elements tror T*n*rc ^ and have made certain findings about qfr f(« r ) «rcrr MR SPEAKER This question u related only t0 Uttar Pradesh wto vf *rr n# $ tfr nfc fr, ?r> «ft «rc*r* f»r«r: rtir Sr wtt gpift— ^rsrnft, ^T^rr^r, fimrfT iwt vsrm»T iftr jfif? Jr «fV 5ft3r*rnr snmr ifwrcra if t i w «hrt («rt a fc w r fa«r ): faWT *T«TT «TT I #%ST ?T^T m fTT ( v ) *nr*r sfTo cnro afto tfto ^T?T ?Ptf HWcIT fffV f^T^ft | *ft?r it % ( « ) sft 1 Tr?§ ^rfrzn 3T%WT fiW : fsR % *r