RAJYA SABHA WEDNESDAY, THE 20TH NOVEMBER, 2002 (The Rajya Sabha met in the Parliament House at 11-00 a.m.) 11-00 a.m. 1. Introduction of Ministers by the Prime Minister Shri Atal Bihari Vajpyee, Prime Minister introduced three Ministers to the House. 11-01 a.m. 2. Felicitations to the Chairman The Prime Minister, Shri Atal Bihari Vajpayee and the following Members offered felicitations to the Chairman :– 11-08 a.m. (1) Dr. (Shrimati) Najma Heptulla, Deputy Chairman 11-16 a.m. (2) Dr. Manmohan Singh, Leader of the Opposition 11-22 a.m. (3) Shri Jaswant Singh, Minister of Finance and Company Affairs and Leader of the House 11-26 a.m. (4) Dr. Alladi P. Rajkumar 11-27 a.m. (5) Shri S. Ramachandran Pillai 11-30 a.m. (6) Shri P. G. Narayanan 11-32 a.m. (7) Shri S. Viduthalai Virumbi 11-39 a.m. (8) Prof. Ram Gopal Yadav 11-45 a.m. (9) Shri Lalu Prasad 11-51 a.m. (10) Shri J. Chitharanjan 11-55 a.m. (11) Shri Sanjay Nirupam 11-59 a.m. (12) Shri M.P.Abdussamad Samadani 12-03 p.m. (13) Dr. Raja Ramanna 20TH NOVEMBER, 2002

12-08 p.m. (14) Shri Gandhi Azad 12-09 p.m. (15) Shri R. S. Gavai 12-13 p.m. (16) Shri Praful Patel 12-15 p.m. (17) Shri Harendra Singh Malik 12-16 p.m. (18) Shri M. Venkaiah Naidu 12-23 p.m. (19) Shri Balwant Singh Ramoowalia 12-26 p.m. (20) Shri Manoj Bhattacharya 12-31 p.m. (21) Shri Bashistha Narain Singh 12-35 p.m. (22) Shri Dinesh Trivedi 12-39 p.m. The Chairman thanked the Prime Minister and other Members for the felicitations. 3. Questions (i) Starred Questions Answers to Starred Question Nos. 21 to 40 were laid on the Table. Answers to Starred Question Nos.1 to 20 put down in the List of November 18, 2002 were also laid on the Table. (ii) Unstarred Questions Answers to Unstarred Question Nos. 139 to 212 were laid on the Table. Answers to Unstarred Question Nos.1 to 138 put down in the List of November 18, 2002 were also laid on the Table. 12-49 p.m. 4. Papers Laid on the Table Secretary-General laid on the Table a statement (in English and Hindi) showing the Bills passed by the Houses of Parliament during the Hundred and Ninety-sixth Session of the Rajya Sabha and assented to by the President. Shri O. Rajagopal (Minister of State in the Ministries of Parliamentary Affairs and Urban Development & Poverty Alleviation) laid on the Table a copy each (in English and Hindi) of the following Ordinances, under sub-clause (a) of clause (2) of article 123 of the Constitution,:— (i) The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) Ordinance, 2002 (No. 3 of 2002), promulgated by the President on the 21st August, 2002. (ii) The Representation of the People (Amendment) Ordinance, 2002 (No. 4 of 2002), promulgated by the President on the 24th August, 2002 together with a corrigendum in Hindi version. (iii) The Unit Trust of India (Transfer of Undertaking and Repeal) Ordinance, 2002 (No. 5 of 2002), promulgated by the President on the 29th October, 2002. (iv) The Securities and Exchange Board of India (Amendment) Ordinance, 2002 (No. 6 of 2002), promulgated by the President on the 29th October, 2002, together with a corrigendum in Hindi version. (v) The Delhi Metro Railway (Operation and Maintenance) Ordinance, 2002 (No. 7 of 2002), promulgated by the President on the 29th October, 2002, together with corrigenda thereto. Shri George Fernandes (Minister of Defence) laid on the Table a copy each (in English and Hindi) of the following papers, under sub-section (1) of section 619A of the Companies Act, 1956:— (a) Thirty-eighth Annual Report and Accounts of the Bharat Earth Movers Limited, Bangalore, for the year 2001-2002, together with the Auditor's Report on the Accounts and the comments of the Comptroller and Auditor General of India thereon. (b) Review by Government on the working of the above Company.

Smt. Jayawanti Mehta (Minister of State in the Ministry of Power) laid on the Table a copy (in English and Hindi) of the Ministry of Power Notification G.S.R. No. 274 dated the 20th July, 2002, publishing the Indian Electricity (Amendment) Rules, 2002, under sub-section (3) of section 38 of the Indian Electricity Act, 1910,

12-50 p.m. 5. Report of the Department-Related Parliamentary Standing Committee on Science and Technology, Environment and Forests Shri M.V. Rajasekharan presented the One Hundred-fifth Report (in English and Hindi) of the Department-Related Parliamentary Standing Committee on Science & Technology, Environment and Forests on the Water (Prevention and Control of Pollution) Cess (Amendment) Bill, 2000.

6. Report of the Department-Related Parliamentary Standing Committee on Urban and Rural Development Shri Faqir Chand Mullana laid on the Table a copy (in English and Hindi) of the Thirty-seventh Report of the Standing Committee on Urban and Rural Development (Thirteenth Lok Sabha) on ‘Implementation of Part IX of the Constitution’. 12-51 p.m. 7. Recommendations of the Business Advisory Committee The Deputy Chairman informed Members that the Business Advisory Committee at its meeting held on the 18th November, 2002, allotted time for Government Legislative and other Business as follows:-

BUSINESS TIME ALLOTTED 1. Consideration and passing of the following Bills:— (i) The Merchant Shipping (Amendment) Bill, 2002. 1 Hour (ii) The Countess of Dufferin’s Fund (Repeal) Bill, Half-an- Hour 2002. (iii) The Suppression of Unlawful Acts against Safety 1 Hour of Maritime Navigation and Fixed Platforms on Continental Shelf Bill, 2002. RAJYA SABHA 2. Consideration and passing of the following Bills, as passed by Lok Sabha:— (i) The Imperial Library (Indenture Validation) Half-an- Hour Repeal Bill, 2002. (ii) The Constitution (Scheduled Castes) Orders 2 Hours (Second Amendment) Bill, 2002. 3. Discussion on Statutory Resolution seeking disapproval of the 4 Hours Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (Second) Ordinance, 2002 and consideration and passing of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Bill, 2002, after it has been passed by Lok Sabha. 4. Consideration and passing of the following Bills, after they have been passed by Lok Sabha:— (i) The Negotiable Instruments (Amendment and 1 Hour Miscellaneous Provisions) Bill, 2002. (ii) The Salaries and Allowances of Officers of Half-an- Hour Parliament and Leaders of Opposition in Parliament (Second Amendment) Bill, 2002.”

12-53 p.m. 8. Resignation by Members The Deputy Chairman made the following announcements in the House:— “I have to inform Members that the Chairman had received a letter from Shri T. N. Chaturvedi, a Member representing the State of Uttar Pradesh, resigning his seat in the Rajya Sabha. The Chairman had accepted his resignation with effect from the 20th August, 2002.” “I have also to inform Members that the Chairman had received a letter from Shri Sharief-Ud-Din Shariq, a Member representing the State of Jammu & Kashmir, resigning his seat in Rajya Sabha. The Chairman had accepted his resignation with effect from the 26th October, 2002.”

12-56 p.m.$$

(The House adjourned at 12-56 p.m. and re-assembled at 2-04 p.m.) 2-04 p.m. 9. Special Mentions 2-04 p.m. 1. Shri P. G. Narayanan raised a matter regarding demand for Central assistance to the tune of Rs.3000 crores to Tamil Nadu.

2-07 p.m.

2. Dr. Manmath Nath Das raised a matter regarding resurgence of virulent malaria in tribal districts of Orissa.

2-10 p.m.

3. Shri Motilal Vora** raised a matter regarding resentment among sugarcane growers of Uttar Pradesh.

2-14 p.m.

4. Shri Vijay Singh Yadav** raised a matter regarding demand for Central University status to Patna University.

2-17 p.m.

10. Government Bills – Introduced

2-17 p.m. I. The Countess of Dufferin’s Fund (Repeal) Bill, 2002

Shri A. Raja (Minister of State in the Ministry of Health and Family Welfare) moved for leave to introduce a Bill to repeal the Countess of Dufferin’s Fund Act, 1957. ______$$ From 12-54 p.m. to 12-56 p.m.Some points were raised. ** Spoke in Hindi.

Shri A. Raja introduced the Bill.

2-18 p.m.

II. The Wild Life (Protection) Amendment Bill, 2002 as passed by Lok Sabha

Shri T. R. Baalu (Minister of Environment & Forests) moved for leave to introduce a Bill further to amend the Wild Life (Protection) Act, 1972.

Shri T.R. Baalu introduced the Bill.

2-19 p.m.

11. Government Bills – Passed/Under Consideration

I. The Imperial Library (Indentures Validation) Repeal Bill, 2002

Shri Jagmohan (Minister of Tourism and Culture) moved:-

“That the Bill to repeal the Imperial Library (Indentures Validation) Act, 1902, as passed by Lok Sabha, be taken into consideration.”

2-20 p.m.

The Motion for consideration of the Bill was adopted. Clause 2 was adopted. Clause 1, the Enacting Formula and the Title were adopted. 2-21 p.m.

The motion moved by Shri Jagmohan that the Bill be passed was adopted and the Bill was passed.

2-22 p.m. II. The Constitution (Scheduled Castes) Orders (Second Amendment) Bill, 2002 as passed by Lok Sabha.

Shri Satyabrata Mookherjee (Minister of State in the Ministry of Social Justice and Empowerment) moved:- “Order, 1950, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956, the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 and the Constitution (Pondicherry) Scheduled Castes Order, 1964, as passed by Lok Sabha, be taken into consideration.”

The following Members took part in the discussion:—

2-23 p.m. 1. Shri Raju Parmar** 2-29 p.m. 2. Shri Sangh Priya Gautam** 2-46 p.m. 3. Shri Prasanta Chatterjee 2-49 p.m. 4. Shri S. Viduthalai Virumbi 3-00 p.m. 5. Shri Ranganath Misra 3-03 p.m. 6. Prof. Ram Deo Bhandary** 3-06 p.m. 7 Shri Moolchand Meena** 3-08 p.m. Dr. Satya Narayan Jatiya** replied to the debate. 3-15 p.m.

The Motion for consideration of the Bill was adopted. Clause 2, the First Schedule, the Second Schedule, the Third Schedule, the Fourth Schedule and the Fifth Schedule were adopted. Clause 1, the Enacting Formula and the Title were adopted. 3-16 p.m. The motion moved by Dr. Satya Narayan Jatiya that the Bill be passed was adopted and the Bill was passed. ______** Spoke in Hindi.

3-17 p.m. III. The Merchant Shipping (Amendment) Bill, 2002.

Shri Vedprakash P. Goyal (Minister of Shipping) moved:-

“That the Bill further to amend the Merchant Shipping Act, 1958 and the Major Port Trusts Act, 1963, be taken into consideration.”

The following Members took part in the discussion:— 3-29 p.m. 1. Shri K. Rahman Khan 3-35 p.m. 2. Shri S. S. Ahluwalia** 3-42 p.m. 3. Shri C. O. Poulose 3-47 p.m. 4. Shri S. Viduthalai Virumbi 3-56 p.m. 5. Dr. M. N. Das

4-02 p.m. Shri Vedprakash P. Goyal replied to the debate.

4-13 p.m. The Motion for consideration of the Bill was adopted. Clauses 2 to 28 were adopted. Clause 1, the Enacting Formula and the Title were adopted.

4-14 p.m. The motion moved by Shri Vedprakash P. Goyal that the Bill be passed was adopted and the Bill was passed.

______** Spoke in Hindi. 4-15 p.m.

IV. The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Bill, 2002.

Shri Vedprakash P. Goyal (Minister of Shipping) moved:-

“That the Bill to give effect to the International Maritime Organisation Convention for Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms located on the Continental Shelf and for matters connected therewith, be taken into consideration.”

The following Members took part in the discussion:—

4-24 p.m. 1. Shri Moolchand Meena** 4-30 p.m. 2. Shri Prasanta Chatterjee 4-35 p.m. 3. Shri Shankar Roy Chowdhury 4-39 p.m. 4. Shri R. Kamaraj 4-45 p.m. 5. Shri S. Viduthalai Virumbi

The discussion was not concluded.

(The House adjourned at 4-53 p.m. till 11-00 a.m. on Thursday, the 21st November, 2002)

______

______** Spoke in Hindi.