______

SYNOPSIS OF DEBATES ______

(Proceedings other than Questions and Answers) ______

Tuesday, November 27, 2007/Agrahayana 6, 1929 (Saka) ______

GOVERNMENT BILL - WITHDRAWN

The Constitution (Scheduled Tribes) (Union Territories) Order (Amendment) Bill, 2003. ______

GOVERNMENT BILL - INTRODUCED

The Constitution (Scheduled Tribes) (Union Territories) Order (Amendment) Bill, 2007. ______

MATTERS RAISED WITH PERMISSION OF THE CHAIR I. Protection of rights of Adivasis SHRIMATI BRINDA KARAT: Today in our country there is a question of the protection of tribals, protection of their respect and rights and implementation of provisions provided in the Constitution. One adivasi woman was stripped and paraded

112 publicly on the roads in Guwahati. The local people provided refuge to her and protected her. Judicial probe orders have been issued regarding the incident of Guwahati, but still two hundred fifty tribals are admitted in hospital at present. Rules regarding the Forest Rights Act have not been notified for one year as a result of which s a large number of Adivasis are being evicted from their homes and lands in the forests all over the country in many state. First recognise and vest the forest rights in all Adivasis including protected areas. Secondly, wildlife habitat may be identified and where necessary Adivasis may be relocated according to certain procedures. (Shri Ajay Maroo, Shri , Shri , Shri Pyarelal Khandelwal, Shri Dinesh Trivedi, Shri D. Raja, Dr. (Shrimati) Najma A. Heptulla and Shri Brij Bhushan Tiwari associated.) II. Demolition of temples in Malayasia SHRI BALAVANT alias BAL APTE: I want to draw the attention of the Minister of External Affairs towards a large number of temples being demolished in Malayasia. There has been violence on account of fundamentalism. The prime Minister and the Minister of External Affairs should contact the neighbouring country and save the Hindus there, who are feeling insecure, whose rights are being violated. (Shri Surendra Lath, Shri Rudra Narayan Pany and Shri Thanga Tamil Selvan associated.)

113 III. Demand to write off the loans of poor weavers SHRI ALI ANWAR: Weavers and other artisans in various States like U.P. and Andhra Pradesh are committing suicide and migrating on account of not getting employment and not getting their products sold out. Hon'ble Minister Shri Vaghela had given assurance in this House that a decision regarding waiving off the loans of about Rs. 800 crore on weavers and providing loans at 7% interest to the rural weavers would be taken shortly. The wives of the weavers sell their blood for Rs. 150-200 in Government and other Hospitals, then they arrange the meal for their family. Why the situation is so bad? The reason is that fabrics and yarns are coming from China and the markets here are dumped with Chinese goods. After agriculture maximum employment comes from this occupation. If something is not done in this regard, the social system and structure of the country would be spoilt. (Shri Rudra Narayan Pany, Shri Penumalli Madhu and Shri M.V. Mysura Reddy associated.) IV. Misuse of Office by former Chief Justice of SHRI SHARAD YADAV : I would like to raise a question of corruption prevalent in Judiciary in the country. If credibility of the Judiciary is eroded, it will be very harmful for the democracy. The sons of a former Chief Justice of India are partner in a Mall in Delhi and their share capital was worth Rs.1,00,000 initially and their father has himself admitted that now their share capital has been soared to Rs.200 crore. It is evident that the way demolition was undertaken in entire Delhi has benefited their company. Therefore, this matter should be investigated.

114 I demand that a Judicial Commission on this matter should be constituted and the Judicial Inquiry Bill, pending before the Parliament, should be passed immediately. The harassment of all journalists of Mid-Day should be stopped. I demand that a Short Duration Discussion in the House on the matter should be allowed so that all facts in the matter may be put forward. (Shri Shatrughan Sinha, Shri Digvijay Singh, Shri D. Raja, Dr. M. S. Gill, Shri Datta Meghe, Shrimati and Shrimati Kanimozhi associated.) V. Attack and arrest of Indian fishermen by Sri Lankan Nevy SHRI V. NARAYANASAMY: The Indian fishermen, living in the coastal areas of Tamil Nadu, when they go for fishing in Indian maritime waters near the Sri Lankan border, the Sri Lankan Navy, under the guise that the Indian fishermen crossed over to their territory, takes them into custody, takes them to Sri Lanka, keeps them in their jail and after due intervention by the Government of India and also by the Hon’ble Chief Minister of Tamil Nadu release them. It happened on several occasions. Sometimes, they take away their boats and damage the boats of Indian fishermen also. The fishermen from Nagapattinam, Tuticorin, Rameshwaram, Nagercoil, etc., are affected and their families have been suffering. On the one side, the Sri Lankan Navy is taking them into custody and, on the other, the LTTE, the terrorist group, is attacking them in the mid-sea. It is the duty of the Government of India to protect the Indian fishermen from being harassed by the Sri Lankan Naval Force and the terrorist groups. I want the Hon’ble Minister of External Affairs to take up the issue with the Sri Lankan Government.

115 THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS (SHRI ANAND SHARMA) : The Government takes note of the issue that has been raised here. In the past, when any such incident has taken place, the Government of India has firmly taken up this matter and the Coast Guard is under strict instructions for regular patrolling. We are just assuring them that the desired steps have been taken and shall be taken in the future to assuage the grievance of the fishermen in that area. VI. Need for adherence to ethics by public servants in their public and private life SHRI SANTOSH BAGRODIA : This is not the question of ethics only for public activities, only for Parliamentary activities, only for Government activities, but in private life also some kind of ethics have to be maintained. I have given notice to the Chairman under Rule 303 and another notice to the Chairman, Ethics Committee under Rule 295. The point is, in Rajasthan, some Ryan has taken place. They say that it is a custom there. If it is not as per rules, if senior Members of this House have got involved in this kind of activity, I request the Chairman to accept my notice and give it to the Ethics Committee. I also request the Chairman, Ethics Committee to look into it. They should take suo moto action. (Shri V. Narayanasamy associated.) VII. Protest by Doctors over Government's recruitment policy of rural Doctors SHRI D. RAJA : I would like to submit before the House a very important issue in regard to recruitment of doctors for rural services. As of now, the duration of the MBBS course is four-and-a-half years plus one year internship. Now, this

116 duration has been increased from five-and-a-half years to six- and-a-half years. This has led to a lot of apprehension and agitation not only in Tamil Nadu but also several other States. Even there is a confusion in that; in this period of one year, they say, for rural services, actually four months are to be served in District Headquarters hospitals; four months in Tehsil hospitals and only four months in villages. Now it is for the Union Government to give due consideration because there are a lot of apprehensions in the minds of students, that in the name of compulsory rural health services, they are being punished. The Government should have a clear policy in relation to the recruitment of doctors. (Dr. V. Maitreyan, Shri Su. Thirunavukkarasar and Shri V. Naraynasamy also spoke.) (Shrimati Supriya Sule, Shrimati Kanimozhi, Shri R. Shanmugasundaram and Dr. E. M. Sudarsana Natchiappan associated.) VIII. Deaths due to Malaria and Diarrhoea in tribal areas of Andhra Pradesh SHRI RAVULA CHANDRA SEKAR REDDY : The tribals in the districts called Adilabad, Visakhapatnam and East Godavari and in other parts of the State are suffering from Malaria, Diarrhoea and other diseases. During the past few weeks, 175 people died in Adilabad District alone. The State Administration has totally failed in helping the poor tribals in getting the medical attention. I demand that the Government of India should send a team of doctors from Delhi to see to it that full medical attention is extended to the poor. (Shri Penumalli Madhu also spoke.) (Shri M. V. Mysura Reddy associated.)

117 SPECIAL MENTIONS I. Concern over proliferation of explosives and small arms SHRI SANTOSH BAGRODIA: I rise to commend the attention of this House to the recent reports suggesting proliferation of explosives and small arms among anauthorised and potentially subversive elements. During 2004-06, 86000 detonators, 20 MT slurry explosive, 52 km. of detonating fuse and about half MT of explosive Gelatin sticks have been stolen or diverted to such elements from some 21000 licensed explosive manufacturers. Explosive substances like Ammonium Nitrate and Potassium Chlorate, that were used in recent blasts, are available freely in the market. The geographical spread of such thefts is confined largely to Naxal infested areas of Chhattisgarh, Orissa, Jharkhand and Marathwada. Another associated challenge for internal security is the spread of assault arms among subversive groups, organized crime-gangs and country made arms in the rural areas. Even more alarming is the pilferage from the Ordnance factories and government arms depots. Collectively such trends present a scary scenario for the internal security situation. I ask the Government to enhance the surveillance to trace the leads of such pilferages and prevent it. Beyond customary advisory to State Home Departments, the Government must issue stringent guidelines to District Police to stem the proliferation of explosive substances and small assault arms. II. Concern over Para-Military and Armed Forces personnel quitting jobs under stress DR. GYAN PRAKASH PILANIA: It is a matter of grave concern that nearly 41,000 Border Security Force Personnel-one in five in the 2.09 lakh force- have quit their jobs over the last 30 months. Most of them had spend the prime of

118 their lives at the border. But, BSF personnel are not the only one giving up their jobs. CRPF, CISF and Assam Rifles personnel are also quitting their jobs. Unfortunately, BSF has a suicide rate that is three times higher than the army. Hence, urge the Hon'ble Home Minister, to take corrective measures on war- footing. III. Request to identify Bhoodan Lands for distribution to the poor in the country SHRI VIJAY J. DARDA: EKTA Parisahd's five year long progressive and intensified campaigns - now metamorphosis as JANADESH 2007 - is a non-violent movement to project people's land rights and obtain Government commitment for mmediate interaction. 25000 dedicated landless farmers and have-nots from 18 States, walked all the way (360 KMs). Over ten lakh hectares of land was collected as Bhoodan of which only 40% could be distributed to the landless. The remaining 60% could not be distributed in the absence of supportive legislation and political will. The Nation's consciousness has to return once again to the traditional land rights of Adivasis and landless which are denied either in the name of development or through manipulation of the land mafia. For giving immediate relief, Government should initiate identification of Bhoodan lands in various States that are yet to be distributed. (Shri Datta Meghe associated.) IV. Demand to implement the recommendation of the Sachhar Committee SHRI DATTA MEGHE : The Sachhar Committee constituted by the Government to find out the Social, Economic and Education status of the Indian Muslim have presented its

119 report. The Muslims are still backward even after 60 years of independence. They are deprived of school education, medical and loan facilities. I urge upon the Government to implement the recommendation of the Sachhar Committee in toto. V. Need to take effective measures for abolishing child labour SHRI M. V. MYSURA REDDY: I would like to draw the attention of Central Government towards abolishing of the child labour problem in our country. According to the Indian Census of 1991, there are 11.28 million working children under the age of 14 years in India. Over 85% of this child labour is in the country's rural areas, working in various agricultural activities. Child labour is caused by a multitude of problems including poverty, unemployment/under-employment, illiteracy, lack of school facilities and inefficiency of protective legislation for working children. It is a matter of grave concern to all of us that existing laws including the Child Labour (prohibition and regulation) Act, 1986, are not being implemented effectively throughout the country by the Government. I urge upon the Central Government to formulate and chalk out a legal action plan and the specific programs and schemes to abolish the child labour from the country. (Shri Rudra Narayan Pany associated.) VI. Demand for strengthening the working of National Rural Employment Guarantee Scheme SHRI SHARAD ANANTRAO JOSHI: The general awareness about the scheme amongst people is very low. The works under the project are not planned with people's participation. The Panchayats do not have the necessary administrative machinery for its implementation. So, only a few

120 get the jobs and the actual wages paid are lower than the minimum agricultural wages applicable in the State with no other facilities. Grievance redressal mechanism is quite weak. The social audit is only a formality. There is rampant corruption in sanctioning the projects or in payment of wages. I appeal to the Government to look into all these aspects. VII. Demand for removal of anomalies in the pay-scales for EPFO employees SHRI S. ANBALAGAN: Revision of pay-scales has not benefited any cadre even to a bare minimum. Also, this order has covered about 25 per cent of workforce only. All employees deserve a better remuneration. Their pay related specific problems should be solved and vacancies should be fill-up at the earliest. VIII. Concern over child abuse through internet SHRI B.S.GNANADESIKAN: Due to lack of proper provisions in cyber laws, the abuse against children victimizing them through web has been increased recently. The Internet has a huge potential for both good and bad things. The Internet offers the consumer distance and anonymity in purchasing material. The persons supplying underage pornography are going scot-free. Due to lack of specific law to prevent abuse of child, the culprits could not be punished. Hence, I request the Government to make a specific law to impose severe punishment to those who indulge in child pornography on the website immediately. (Shrimati Supriya Sule associated.)

121 IX. Demand for implementation of Mass Rapid Transport System in Maharashtra SHRIMATI SUPRIYA SULE: In order to make an improvement in the public transport system in Mumbai city, the Government has taken a decision to implement the Mumbai Metro Rail Project. In the metropolitan region, the Government has taken a decision to implement Mumbai Metro Rail Project of 146 Km. costing Rs. 20,000 crores. The Empowered Committee certified that the project qualifies for the grant of Viability Gap Funding and, then, consequently recommended that the project could be considered for financial assistance by the Ministry of Urban Development. The necessary details have also been furnished to the Ministry. Hence, I urge the Government to consider the proposal at an early date. (Shri Vijay J. Darda associated.) X. Demand for development of National Highways in Orissa SHRI RUDRA NARAYAN PANY: Terrorists are increasing their activities by exploiting the poverty of Orissa. To solve it there should be comprehensive transportation facilities within the State. First of all, National Highways are essential to be developed on a war-footing. With the development of highways, the so called extremist activities will definitely come down. Important highways may be converted into four lane highways. I also fervently request the Government to maintain various important National Highways comprehensively. (Shri Surendra Lath, Shri Ajay Maroo, Shri and Ms. associated.)

122 XI. Concern over crisis of food security in Mizoram SHRI LALHMING LIANA: The local production of rice has been adversely affected since the last two years due to gregarious bamboo flowering, and the situation is still worse this year. Rice allocation has also reduced drastically since 2006. Mizoram has adult population of 10,35,853. Our minimum requirement is 10,000 MT per month. The State, with its meagre resources cannot bear this on its own. The people of Mizoram are bound to face starvation. I fervently request the Government to give additional allotment of APL rice to the tune of 5740 MT per month to Mizoram so that the people of Mizoram will be saved from starvation deaths. (Shri Dwijendra Nath Sharmah associated.) XII. Need to take effective measures for maintaining normalcy of National Highway-31A in Sikkim SHRI O.T.LEPCHA: A regional party of Darjeeling District in West Bengal calls the strikes, by which the entire communication system is paralysed and the people of Sikkim are the worst sufferers. Sikkim is a peaceful and land-locked State and the only lifeline is National Highway 31-A. Whenever there is a call for Bandh in West Bengal, the entire transport and communication system in Sikkim gets totally paralysed. I request that this is a very serious matter and the Central Government should take effective necessary steps to restore the communication as well as the transportation system, especially, National Highway 31-A in the interest of the people of Sikkim. (Shri Saman Pathak and Shri Lalhming Liana associated.)

123 XIII. Demand to include Darjeeling Gorkha Hill Council in 6th Schedule to the Constitution

SHRI SAMAN PATHAK : In the year 1988 taking the hilly area of District Darjeeling under the West Bengal Government Darjeeling Gorkha Hill Council was constituted which proved to be helpful in bringing the three years long violent agitation to the main stream. On the 6th December, 2005 a review meeting of the Central Government, the State Government and the administrator of the Gorkha Hill Council was conducted wherein a decision was taken to include the Darjeeling Hill Council in the 6th schedule. On the basis of it a proposal has been sent to the Central Government after getting it passed by the State Assembly of West Bengal. The date of expiry of the elected Board of Hill Council had ended two years ago and the Panchayat election has also been stopped as a result of which the development activities here are blocked. The public of this area is highly frustrated due to political instability here and as a result of that the public is suspected to be misguided by various undemocratic powers. So through you I request the Central Government to provide Constitutional Security to the Darjeeling Gorkha Hill Council by submitting the bill of implementing the 6th schedule to the Parliament as early as possible. (Shri O. T. Lepcha associated).

XIV. Additional allocation of wheat to Rajasthan under Annapurna Scheme

SHRI LALIT KISHORE CHATURVEDI: The helpless old people of the age of more than 65 years entitled of getting old age pension under the National Social Aid Scheme

124 and not getting neither the State old age pension nor national old age pension are entitled to get 10 Kgs. of wheat every month under Annapurna Scheme. In this scheme operated by the Centre in Rajasthan since the year 2000 and transferred to the State Plan in 2002. Only 12,635 tonnes of wheat is being allocated since then for the 1,05,293 persons selected at that time. This number of persons selected under this Scheme can not be static for ever. With an increase in the average age besides rural unemployment the number of the entitled persons under this Scheme has increased to the tune of 1,01,025 during the years 2004-05 and 2005-06. The Central Government has not increased the quota of wheat even after the constant demand of Rajasthan Government in this regard. This unjustified discrimination with the newly selected entitled old person should be removed expeditedly. Through this special mention I demand for an additional allocation of 12,123 tonnes of wheat for the increased number of persons. XV. The protection of the interests of the Bhilai Steel Plant effected farmers and providing priority jobs to their children in Bhilai Steel Plant SHRI MOTILAL VORA: At the time of the construction work of the Bhilai Steel Plant it was stated that the development work of the villages to be economically effected due to the Bhilai Steel Plant would be taken care of by Bhilai steel Plant. Bhilai steel Plant is supplied iron ore by Dalli Rajahra Mines. The Atmabad tank of Balod used to meet the demand of the irrigation of 4 lakhs of acres of land. Those farmers were told that if they make the half of the water available to the Bhilai Steel Plant the Children of the effected farmers will be provided jobs in the plant. A Railway line has

125 been constructed from Dalli, Rajahra to Bhilai via Balod Guadardehi for that line the lands of thousands of the farmers was taken on the condition that their children will be given jobs in the Bhilai Steel Plant. But this assurance has also not been fully implemented. Apart from it the crops of the farmers are getting ruined due to the lack of water. I request the Government to make sufficient amount available to the Bhilai Steel Plant and Dalli rajahra Mines under Community Development scheme for the development of the villages displaced because of the Bhilai Steel Plant and the circle of the community Development should be increased to 50 Kms. In addition to that the unemployed of the district be given jobs according to their qualifications in the Bhilai Steel Plant (Shri Ramadhar Kashyap and Shri Shree Gopal Vyas associated). XVI. Demand to provide financial assistance to Palm industries in Tamil Nadu SHRI C. PERUMAL: There are more than five hundred Khadi and village Industries in our country. The main industry is palm industries in Tamil Nadu. These palm industries are situated in various regions of Tamil Nadu. They were producing Palm juice, Palm Jaggery, Palm candy, Neera, Palmta, Palm cola, etc from the palm trees. Palm Sugar is generally used by Diabetic patients, pregnant women and mill labourers. This will keep them very Government of India earned nearly 20 crores of foreign exchange. Various manufacturing units of palm get financial assistance from the Khadi and Village Industries Commission, through the State Government. Thousands of labourers of these backward districts were getting employment opportunities. Due to the decision of the KVIC to stop the financial assistance from 1998-

126 1999, resulting in closure of these industries. Thousands of labourers have lost their employment. I request the Government through this House to revive the earlier scheme and to provide financial assistance to these units. Group housing and old age pension for Palm labourers may be introduced by the Central Government to save thousands of labourers depending only on these industries. (Shri Su. Thirunavukkarasar and Shri S. Anbalagan associated). XVII. Concern over high maternal mortality MS. PRAMILA BOHIDAR: The high Meternal Mortality Rate in India calls for immediate measures to check this menace. The national figure of Maternal Mortality Rate is 301 per one lakh of live births in a State like Orrisa; it may be more in the case of some other States. To check this menace, we should expand the scope of delivery and proper post-natal care. The role of ANM, ASHA and Anganwadi workers is vital for cent per cent registration of pregnant cases and arranging pre and post-natal services at their doorsteps. All the posts of Doctors and Paramedical staff need to be filled up. It is seen that some sub-centres still go without ANMs. One of the most important factors contributing to the high mortality is widespread malnutrition among women. The recent National Family Health Survey-III has revealed widespread under-nutrition among women and children and high maternal mortality. One-third of the women in this country are malnourished and over half of the women are anaemic. In view of this, I request the Government and the Ministry of Health to give special attention to this issue of women health and check the MNR and IMR.

127 (Shri B. J. Panda associated). ______THE INDIAN BOILERS (AMENDMENT) BILL, 1994 THE MINISTER OF STATE IN THE DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION, MINISTRY OF COMMERCE AND INDUSTRY (SHRI ASHWANI KUMAR) introducing the motion for consideration of the Bill, said : In 1972, a high- powered expert committee was constituted. The Committee, recommended suitable amendments to bring the law in line with the requirements of changing times. In 1974, the recommendations of this committee were circulated to all State Governments. In 1984, recommendations had to be again circulated. The Bill, to amend the Act, was re-introduced in the Rajya Sabha in May, 1994. Rajya Sabha referred the Bill to the Standing Committee. On 29th March, 1995, the Committee submitted its report and further modifications to the Indian Boilers (Amendment) Bill, 1994 were suggested which were then accepted by the Cabinet by way of a Cabinet note. The Bill was then introduced in its revised form in the Rajya Sabha in the Monsoon Session of 2000. Finally, this piece of legislation has been brought here in its present form, pursuant to the official amendments to the amending Bill that were proposed to the Secretary-General on 16th May, 2007. No manufacturing facility in the country can actually perform its function without a boiler. The principal objective is to ensure uniformity in the standard of inspection and also to introduce purposive penalties for violations. We have increased penalties from Rs.1000 to Rs.1 lakh so that they have a purpose to serve. Too many industries have come up and too many kinds of boilers are in the market, but very few inspectors.

128 There was a State monopoly on inspections. So, the Government came to the conclusion that they should now allow private parties to be able to inspect and then certify whether the inspections are fit for use, whether there has been any flaws in the design and manufacturing. Now we have introduced inspections even with respect to the design of boilers and with respect to the phase of manufacturing. Another very significant change that the Bill seeks to introduce is to plug the loopholes with reference to avoiding explosions. Baby boilers were small boilers which were of a particular capacity of 22.7 or something like that. By removing one drum, the users would reduce the capacity and make an ordinary boiler into a baby boiler and say now this is beyond the purview of inspection. So, we have now introduced a change and referred to a technology that a particular boiler, which will have this technology or this component or this function in place, will be a boiler which will have to undergo inspection so that safety norms are ensured. We have also made an important amendment with respect to the re-constitution of the Central Boilers' Board. There was a provision about mandatory inspection every 12 months. In that respect, we have introduced flexibility. This also has a provision about penalties, which are only notional penalties. We have, therefore, increased those penalties to make them purposive. This is indeed a matter of pride that our manufacturing has recorded an increase of 12.3 per cent in the last quarter, highest ever recorded in independent India. SHRI SU. THIRUNAVUKKARASAR : I rise to oppose this Bill for the reasons which I am going to state in my speech. Firstly, the subject of boilers is in the Concurrent List. The Indian Boilers Act, 1923 is a Central Act, which is implemented by the States. As the Hon'ble Minister has mentioned, for the first time, the Bill was introduced in 1994 in

129 this House. There were so many shortcomings in the Bill. Again, in the year 2000, for the second time, it was introduced in the Rajya Sabha. Again, most of the political parties, most of the Hon'ble Members opposed the Bill. Most of the State Governments also opposed the amendments. Nearly twelve years have passed since the report of the Parliamentary Standing Committee was first given to the Ministry, and, after twelve years, you are bringing the Bill. Now, I want to ask the Hon'ble Minister whether in these twelve years, they have consulted their own ministry, that is, Ministry of Labour. Secondly, I would like to know whether you have consulted the Labour Ministers of the State Governments or whether any ministerial conference of State-level ministerial meeting has been organized. You are bringing this Bill with so many shortcomings. Why don't you take another six months or one year? Why don't you refer this again to the Parliamentary Standing Committee? Why don't you have a State-level meeting of the Labour Ministers and get their consent also? Firstly you are taking away the powers of the State Governments through these amendments. Secondly, you are putting the State Governments to a financial loss. The only party who is going to be benefited is the multi-national companies or the private companies. You are taking the powers of the inspectors from the States and allowing the private multinational companies to inspect. Only the big companies are going to be benefited at the cost of the loss of revenue to the State Governments because the State Governments are opposing it. The number of nominated members by the State Government should be more, and that of private agencies should be reduced. At this stage, I am opposing this Bill and request you to refer it to the Parliamentary Standing

130 Committee so that you can convince the State Governments also. DR. E. M. SUDARSANA NATCHIAPPAN : I support this Bill. This Bill has served through the last 13 years. The Act was originated 84 years ago. During these 84 years, a lot of new inventions have come. We need not have inspection for every stage of production and designing. There should be a national-level body which can formulate a common law to regulate the manufacturing of Boilers. In Tamil Nadu one-third of the total boilers are manufactured in the Public Sector, even then the quality is maintained there. When we allow the multinational companies to have their own private inspectors, then, we are allowing them to make the cost more costly than the one which is now available. There should be review of this aspect. A misleading statement has been given in the Financial Memorandum, of the Bill that there will not be any extra expenditure from consolidated fund of India. This has a judicial impact also. It is not clear that who will bear the cost of expenditure incurred on judiciary in this regard. The representation of the State in the Apex decision making Body should be equal. But, if you allow the private persons to dominate there, then the multinational companies and their representative will be dominating there, and they will find out a route to escape. SHRI TAPAN KUMAR SEN : The amendments in the Bill are welcome provided that they are congenial to the basic purpose of the original Boilers Act, which is meant to ensure safety at the work place. To ensure safety at workplaces, to prevent explosion, I think, that it should be best done where the boilers are placed.

131 The Bill seeks to transfer the substantive power and authority from the State Boiler Inspectorates to the Central Government. I request the Hon’ble Minister to appreciate that introducing a peculiar dichotomy in the entire system would indulge in lack of accountability and mutual blend between the States and the Centre, and that would be a dangerous proposition in ensuring safety at the concerned workplaces. The introduction of a number of new provisions for a more rigorous inspection of boilers is quite welcome. So, from the manufacturing stage, the need of having an inspection is welcome. But a third party inspection, will create serious complications and inspection will become punitive and hazardous for the industry. Under the new dispensation, either the inspection of small boilers up to 100 megawatts, will be neglected or the new provisions being handled by the changed power structure will make the situation difficult. In the case of boilers that are being used in small and medium establishments I suggest that, particularly, inspection of this area should continue to remain in the absolute domain of State Boiler Inspectorates, both in terms of responsibility and authority without any dilution. In the era of changing technology the inspectorates are there. Upgrading their skills and infrastructure is the need of the hour. But a third party inspection is not logical. Instead of concentrating the powers of an individual, it should have been conferred on the Central Boilers Act. All the States should be represented in the Central Boilers Board. The Bill also proposes a provision of energy audit. It is the subject of Energy Conservation Act. I think, it should also be changed.

132 I have moved a number of amendments because official amendments are not sufficient to take care of the concerns. I request you to please accept my amendments. This is not a political issue. This is not a controversial issue. This is a technical issue relating to efficiency of the system. I think it is possible to arrive at a consensus on these areas. At the end, I seriously object to the official amendment No. 14. Others can be accommodated here and there. I have specific objection to that particular amendment.

SHRI M.V. MYSURA REDDY: I would like to bring to the notice of the hon'ble Minister that in Europe, in developed countries like the USA, boilers are only designed. There is no question of manufacturing boilers in these countries. But in the Statement of Objects and Reasons, it is written that many of the provisions of the present Act have become outdated. I can say one thing with all humbleness at my command that the provisions are not outdated, but it is the Bill which is outdated. It is learnt that in Andhra Pradesh, 3,000 boilers were purchased from Maharashtra and Tamil Nadu. But there is no case pending for want of registration, or, there is no complaint pending. I would like to bring to the notice of the hon'ble Minister that this is the recommendation of the Parliamentary Standing Committee. This is about the Post of Technical Advisor. When the manufacturer is already responsible for the quality, what is the need for such a certificate from a private agency? We are opening the doors to such people by bringing in such an amendment. Before bringing forward this Bill the States were not consulted. There were official and non-official amendments. It went to the Standing Committee also. Through

133 this Bill, we are throwing the entire regulatory mechanism into the private hands. If some persons are nominated from private agencies in the decision-making body, this will not be in the interest of the general public. Dr. K. MALAISAMY: This is an age-old Bill as introduced in the Rajya Sabha as early as on 13.05.1994. Then, it was rightly referred to a Committee in 19.05.1994. You are a Chairman of the Committee and I am also in the Committee. I know what the Parliamentary Committee is doing. As I told you, the Parliamentary Committee is a mini Parliament because the entire Parliament cannot take care of each and every issue. Normally, the Parliament in toto will agree with the recommendations of the Committee. I am sorry to say that the Parliamentary Committee has been insulted and it has been undermined. When a Committee has been appointed it should be respected . The Committee opposed the compulsory imposition of third party inspection authority and suggested that it should be at the opinion of the States. It is told that the private members are likely to be more than the official members. The Committee suggested consultation with Ministry of Labour before drafting the amendment Bill for taking concern of the welfare and safety of the workers. There is a total violation, variation, different and deviation from what has been recommended by the Parliamentary Standing Committee on the one side and what is provided here on the other. I am told that through the proposed amendment, the inspection can be done by private agencies and multinational agencies. I want to know as to how the accountability of private agencies will be ensured? I have reservation regarding the composition also. When the private members and the agencies are more in number, they

134 will have majority-say in any decision. In this manner, a judicious decision cann’t be taken. The Bill also says that export of boilers will go up and the waiting time will be reduced. It is not correct. Now, the Inspectorate charges only Rs.5,000 per MW inspection. But, when you introduce private agencies, it is going to be Rs.1 lakh to Rs.2 lakhs per MW. With the result, the manufacturers will, automatically, raise the price of boiler and the market value of boiler which is sold at a lesser price will go up like anything. This is what is going to happen if this Bill is passed in its present form. This Bill should not be passed in its present form. On the other hand, I demand that it should be referred back to a Committee constituted by the House and the Bill should be scrutinized threadbare. I would further say that any legislation should not be the handiwork of private people. On the other hand, the public interest should be taken care of. So, I request the Hon’ble Minister to keep it at a low price, let us keep it as it is, private agencies and multinational need not be involved in this. SHRI TIRUCHI SIVA : I rise to support this Bill. The Indian Boilers Act was enacted in 1923 to provide for the safety of life and property of people from the damage of the explosion of boilers during use. For the past 84 years, this Act has been effectively implemented by the Inspectorate of Boilers. There may be one or two accidents here and there. But it cannot be said that serious incidents have forced to bring forward this amendment Bill. Given in situation, the significant technological developments, has led to the amendments made in this Bill. It has been said that many of the provisions in the present Act have become outdated. The relevant provisions of the Indian Boiler Regulations are quite enough for the registration of boilers in any State,

135 which are manufactured in other States. So far, no boiler has been denied registration on the ground of dispute between the States. The recommendations of the Standing Committee, should be fully implemented. The suggestions of the State Governments should be taken into consideration. The main recommendation which the Standing Committee has given and which the Ministry has not taken into consideration is that the competent persons may be considered or recognized only for power stations more than 50 mega watt capacity for inspection in use for safe operation and efficient maintenance of power stations in order to minimize shut down time. The recognition of competent persons may be given to the State Governments. This inspection involves very, very sensitive part of our life. So, all those Inspectors, who are going to be appointed by the other parties should have, at least, 5 years experience in boilers because they are going to inspect boilers, which have capacity more than 50 mega watts. So, Boilers Inspectors should be qualified in Mechanical Engineering, Post Graduate Degree and disciplines relevant to boiler technology, and trained in the relevant field of boilers. The views of the State Governments and their suggestions may be obtained before amending the Boiler Act. The Central Government usurped certain powers of the State Government to make rules like accident enquiry, more particularly, Appellate Authority, prescribing qualification of Boiler Directorate officials, and the rules of boiler operators and engineers. Sir, I suggest very much that the appellate authority should remain with the State Governments because small users of boilers cannot go to the Central Government for each and every appeal.

136 SHRI SHANTARAM LAXMAN NAIK : I support the Indian Boilers (Amendment) Bill, 1994. One general point I would like to submit with respect to this Bill is this. In all the legislations, which were enacted prior to Independence, we still go on making amendments to them. Therefore, in principle, I would appeal to the Government of India that in case of all those legislations, which were passed during the British regime, the entire legislation should be replaced. I hope all the amendments which are carried out will be properly incorporated in the printed version. A Committee has to be constituted to see whether all the amendments carried out have been properly incorporated in the printed version.

As far as the aspect of safety of boilers is concerned, it has to be seen in the larger perspective these days. Safety of boilers is restricted not only to the factory but also to the locale of place where boilers are situated. The safety of boilers has to be looked into from the terrorists’ angle also. People may join any establishment only for the purpose of exploding a boiler. One cannot rule out that possibility.

We are discussing only 30 per cent of the legislation. The powers of Inspectors, Chief Inspectors and technical persons are yet to be prescribed. This has been the trend in most of the legislations nowadays. We are discussing only the limited thing. This aspect has to be reviewed.

The overall monetary transaction involved and the goods involved should be taken into account while prescribing the amount of penalty.

As far as the provision regarding exempting boilers is concerned, there must be specific guideline. The rule-making

137 authorities lay down the guidelines. This is not a correct trend as far as legislative drafting is concerned. More and more powers that are to be given have to be specified in the Bill itself.

If inspections are to be transparent, the inspections have to be conducted through the modern electronic mechanism. Everything that is detected there must be recorded on the computer.

The provision of the Prevention of Corruption Act must be enforced in such cases. I am saying this because in majority of the cases, this thing does not happen. Then these third parties, I do not know whether they are multi-nationals or somebody else must also be covered under the Prevention of Corruption Act. I Support the Amendment Bill.

SHRI SANJAY RAUT : This is a very important Bill. It is not a political issue, but a technical issue. This industry give bread and butter and employment to many people in Maharashtra and other States. So, we have to take care of this Industry. At present, the turnover of boiler manufacturing industry is between fifteen and twenty thousand crores of rupees. India is also exporting boilers and earning precious foreign exchange to the tune of about Rs.2000 crores.

The new era of globalization emerged and the policy of liberalization was introduced in 1991. The aim of liberalization was to end the Inspector Raj so as to achieve faster industrial growth. In the absence of a single appellate authority provided by the Indian Boilers Act, the attitude of bureaucracy has aided corruption in this sector.

138 In fact, the Central Boilers Board is a totally imbalanced set-up. The representatives of manufactures of boilers have an insignificant representation on this Board. These representatives protect the interest of only the bigger industries and totally neglect the interest of upcoming and talented entrepreneurs of the country.

The main demand of the Indian boiler manufacturers is the privatization of the inspection process and bringing it at par with international standards of boiler inspection. This will certainly boost export of boilers. At present, these works are carried out by Government agencies of different States under Directors of Boilers of different States. This has led to corruption in boiler manufacturing industries. I, therefore, appeal to this august House to give serious thoughts to the present Bill which will fulfil the aspirations of the young generations who wish to compete in the world market of boiler manufacturing.

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

139 ERRATA TO THE SYNOPSIS OF DEBATE AND SUPPLEMENT, DATED 22ND TO 23RD NOVEMBER, 2007

Page 24 Line 5 from bottom, read 'they' for 'hey'. Page 27 Line 3, read 'penalised' for 'panalised'. Page 28 Line 8, add 'and most of victims are our people. Islamic' before the word 'fundamentalists'. Page 40 Line 5, read 'our' for 'out'. Page 48 Line 9, add '! The' after 'the Constitution'. Line 13, read 'lose' for 'ose' Line 4 from bottom, read 'Zones' for 'ones' Page 49 Line 12 from bottom, read 'this' for 'his'. Page 56B Line 5, read 'there' for 'their' Page 56C Line 2, read 'pressurising' for 'pressuring' Line 11, read 'bullets' for 'billets' Page 66 Line 1 from bottom, read 'failed' for 'fail down'. Page 67 Line 3, read 'Naikji' for 'Naik jee'. Line 6, read 'belonging' for 'belong'. Line 6 from bottom, read 'suspicious' for 'suspicion'. Line 5 from bottom, read 'remained' for 'remain'. Page 67 Line 1 from bottom, add 'I' before 'support'. Page 71 Line 10 from bottom, add 'but it represented' after 'Congress Government'

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