Seventh Series, Vol Ll No. 25 Monday, August 27, 984 Bhadra 5, 1906 (8 kn)
(Fifteenth Session)
.
oil .... •• t· f
(Vo l, L 1 r.(Jntrl;n~ Nos. 22 to 27)
LOK ABHA ECRETARIAT NEW DELHI Price : Rs: 4.00 CONTENTS
Monday, August 27, 1984/ Bhadra 5, 1906 (Saka)
Obituary Reference 2-13
Papers Laid on the Table 16-23
Message from Rajya Sabha 24-25
Public Accounts Committee 25-26
228th. 229th and 230th Reports
Committee on Government Assurances 26
Tenth Repo!"t
Statement re : Certain information given by Minister in reply to SQ No ]24 dt, 31-7-84 re: Control over A,T.R, and Televison 26-32
Shri Suraj Bban 26-21
Shri H.K.L. Bha&at 21-32
National Capital Region Plannina BOai'd Bilt--Introduced 32-33 Matters Under Rule 371
Shl'i Uttam Rao PatH (ii) Need for immediate repairs of Greater Mahananda embankment at Ohubal, Bihar with army help, Dr. Oulam YaEdani 3"--35 (iii) Need to reorganise the Central Board of Pilm Censors, Pref. NirmaJa Kumari Sbaktawat 35-3 (Iv) Need to constitute a saparate Pay Committee to Jook into pay structure and service ~onditions of lIT Faculty. Shri Prata, ibitJ8 Sltatma 36-37 ( ii ) (v) Need for early setting up of IFFCO Soda Ash factory at Phulpur. Shri B.D. Singh 37-38 (vi) Need to reduce the cement price Shri Harish Kumar Gangwar 38- 39 (vii) Need for modernisation of RBHM Jute Mi])s, Katihar. Prof. Ajit Kumar Mehta 39 (viii) Need to withhold President's as ent to the Cr. P.C. (Bihar Amendment) Bill. 1982. Shri Bhogendra Jha 40 - 41 (ix) Need to take steps for oil exploration in West Bengal. Shri Krishna Chandra Halder 41 (x) Need to fulfil the promise made to farmers of Rajasthan canal area regarding interest on loans granted to them. Shri Birbal 41-42 (xi) Need for constituting one authority for security, safety and efficient functioning of air-port in India in view of recent bomb explosion at Madras Airport. Shri Zavier Arakal 42-43 .' (xii) Need to provide same facilities and promotional avenues to University teachers throughout the country. Shri Harikesh Bahadur 43 - 44 (xiii) Need to improve the teJe(.'ommu~ication facilities in Madhya Pradesh and to introduce modern tele communication techniques in the country. Shri SatyanaraYl\n Jatiya , 44-45 (xiv) Need to end the strike by workers of H.E.C. Ranchi. Shri Samar Mukherjee 4S ( iii ) (x.v) Need for Government's intervention to end the strike by workers of Hatia Unit of H.E.C. Shri Basudeb Acharya 46 (xvi) Need to ensure proper implementation of policies for welfare of ex-serviceman in the State. Shri Rajesh Pi lot 46-47 (xvii) N eed for Government intervention for early settle- m ent of the demands of . Kendri)a Vidyaluya tea hers. Shri Sai fuddin Chaudhury 47-48 (xviii) Di')contenment among university students. Shri Mnni Ram Bagri 48 (xix) N eed to fulfil the variolls demands of State Gov c rnm~nt employees and teachers and to bring them at par with entral Government employees. Shri Ajoy Bi was 48-49 (xx) ProJ1 o"cd shifting of Defence Vehicle Factory and the Grey Iron Fondry. Shri Baburao Pa ranjpe 50 (xxi) Need to undertake extensive relief measures in drought hit districts of Eastern Uttar Pradesh. Shri Rajnath Sonkar Shastri 51-52 . I (xx.ii) Supply of banned and old stock of medicines by the World Univer ity Services Centre of Delhi Univcr ity. Shri Ram Vilas Paswan 52-53 (xxiii) Need to issue commemorative stamps in the memory of Sant Gadgebaba and Sant Kanwar Ram of Maharashtra. Shrimatj Usha Prakash Choudhari 53-54 ( iv ) (uiv) ai funds to accelerate the cons .. truction of ' Mankhurd, Be)apur railway line in Jd .ashtra. 6hrimati Shalini V. PatH (xxv) Need to tighten the security to prevent hijacking of Aircraft. Prol. Saifuddin Soz ~S-S6 (xxvi) Need to start a super-fast train between New Delhi and Gauhati. Shri Bishnu Prasad 56-51 (xxvii) Need to start the proposed Shuttle express train between Kharagpur and Bhadrak. Shri Chintamani Jena 57-58 (xxviii) Need for provisions for providing drinking water to the desert areas of Rajasthan in 7th Five Year Plan. Shri Virdhi Chander Jain ~8-S9 (xxix) Need to complete the construction of Yar-Bilara railway line by next year. Shri Mool Chand Daga '9-60 (xxx) Need to set up the proposed Ferro-Vanadium plan. at Jaradi in Mayurbhanj, Orissa during 19S4-85, Sbri Manmohan Tudu 60- 61 (x"xi) Need for having a code for blood donation and need for formation of blood policy. Sbri C. Chinnaswamy 6J-62 (xxxii) Need to set up a higb power T.V. transmiU<..r at Parasnath Hill in Bihar. Shri R.L.P. Verma (xxxiii) Need to counect Poon_mali WIth Avacfi R.aflwl9 liDe. ( v ) Wdkf (Amendment) Bill, 1984 Motion to consider Shri Jagan Nath Kaushal . . 70-78 Shri Syed Masudal Hossain 78 - 87. Shri Gulsher Ahmed 87- 96 Shri.Ghayoor Ali Khan 96- 102 Shri Zainul Basher 102- 106 1 Shri Ebrahim Sulaiman Sa it 106-116 Shri Jaimilur Rehman Jl6-132 Shri Abdul Rashid Kahull 132- 145 Shri Sat ish Agrawal 145-150 Shri M. Ramgopa I Reddy lSO- 151 Shri .1'. Dhandapani 151 - 155 Shri Ram:lvtar Shastri 155-158 Shri Harikesh Rahadur J59-161 Prof. Aji! Kumar Mehta 16J....a....162 Consideration of Clauses MOlion to Pa s~~ Shl'i Jagan Nath Kaushal 164--181" P::lmily Court Bill Motion to consider Shri .lagan Nath Kaushal 181-184. Shrimati Susheela Gopalan 184-192 Prof. Nirmala Kumari ~haktawat 192-197 Shrimati Pramila Dandavate 197- 203 Shri Jayanti Patnaik 203--':206 Shri Rajna th SOil kaf Shastri 206-212 Shrimati Vidya Chennupati 212-215 Shri Krishna Kumar Goyal 215--217 Shrima ti Gee ta Mukherjee 217-223 Shri Harish Kumar Gangwar • 223-·· 226 ( vi ) Shrj O.M. Danatwhllft 226-228 Shrj K ishori Si nha 228-229 Shrimati U hl Prakash Choudhari 229'-232 lauses 2 to 23 and 1 Motion to Pass Shri Jagan Nath Knu~hal 232- 242/ Hijacking of Indian Airlines Fli ht Ie 421 on 24th Augu t. 1984 Shri Khursheed AJam Khan Copyright (Amendment) Bill 245 - 24() M('I ion to Con. idcr Shrimati Sheila Kalil Clauses 2 to 10 and Motion to Pass Shrimati Shei la Knill Slatut0ry Resolution re : Approval o f Continuance of Procl:lmatioll in Resrect of Sikkim Shri P.V. Narasimha Ran 240 - 250 Statutory Resolution re : Approva I of Continuance of Proclamation in Re pect of Punjab Shri P.V. Narasimha Raa 250 Concluding Remark 250-254 • LOK SABHA DEBATES 1 2 LOK SABH A (Gorakb pur) : It is after the Opposition ler. ders started meeting at the RamliJa MOllday, August 27, 1984/ Bhadra , Grounds. O therwise, there was a com 5, 1906 (Saka) pl ete drought. DR. SUBRAMANIAM SWAMY: I hope. tbe ruling parry will be washed 11.00 brs. away by the floods. (MR. SPEAKER in the Chair) SHRI KRISHNA CHANDRA 11.0 hrs. HALDER (Du rgapu r) : Sir, today is the farew ell day for the Seventh Lok Sabha. OBITUARY REFERENCE MR. SPEAKER: I think, if we can just be on a very nice and go,::,d wicket, MR. SPEAKER: I have to inform then we ~hall be scoring sixtrs and do the House of the sad demise of Shri somc tlli ng g od for the country. R. K. Sinha who was a Member of 4th and 5th Lok Sabha during 1967 to 1977 representing Faizabad Consti. ~T ~T~ f~~TR CiTtTcn;; (~T\r,T~{) : tuency of Uttar Pradesh. aTe'l1Gl n~TGl1, 31TJf a-) anfl:f)f!lFF1" A veteran freedom fighter, Shri fCif\if~ ~ ;:r~T ~T" r ~Tf~~ ~ T, f«cfi Sinha actively participated in the fl1~rr fq\it ~tr ~{T;:rT ~Tf~lJ. ~T I ~fCfl;:r freedom movement and suffered impri. sonment for several years. aJTq~ 3nfq:Jw l.f ~ fiSTZlf~~ cp"\ ~ ~q ~tlTT cr.) G1T~<:f cp'{ f~<:fT ~ I An advocate by profession, Shri Sinha was associated with several social, DR. SUBRAMANIAM SWAMY educational and political-organisations. (Bombay North· East) ,: Wh:a is the significance of raining on the last day? An able parliamentarian, he took Is there any significance 1 keen int erest in the proceedings of the Houre particularly rela' ing to oreign MR. SPEAKER: It means prospe affairs. rity. A well known journalist, he functio PROF. K K. TEWARY (Buxar): ned as a printer, Published and Manag Prosperity for the ruling party. ing Dircctor of ce rtain English and Hindi Magazines. MR. SPEAKER: Prosperity for the entire country. A widely travelled person, Shri Sinha represented India in the United HRI HARIKESH aA~ADUR, - N~tioIlS i 1969 ~n9 also led fI farU". Obituary Ref. AUGUST 21, 1984 4 mentary Delegation to German Demo MR. SPEAKER : I have not allowed cratic Republic and Yugoslavia in June anybody. Nothing on record. 1970. Shri R. K . Sinha passed away on 24th August, ' ]984 at Faizabad at the SHRI K. LAKKAPPA (Tumkur): age of 64 years. It has been reported by B.B.C. that in Lahore, the hijackers were given pistols We det'ply mourn the loss of this and even revolvers. The security of,the rriend and I am sure the House will country is at stake. join me in conveying our condolences to . the bereaved family. Qt~~ "~)qtf : ,liT ~ij"~ Cfi)~ GfTa- ~? rr~ a-) it ~ The House may starld in silence for arT"{ a sbort while as a mark of respect to ~I the decea sed. The Members then stood In silence PROF K. K. TEWARY (Buxar): for a short W hil~. We have always bee n saying that this kind of activity on the extpart of extre mists in the country is getting support from foreign powers. Pakistan has MR. SPEAKER: J want to tell you always been named. Now this is proved one thing more. beyond doubt. Therefore, the Minister of (Interruptions) Home Affairs should come out with a statement. It is a matter which involves the security of the countrY. MR. SPEAKER: Before anybody speak, I would like to say something. (Interrupt ions) MR. SPEAKER: I w uld like you ~T "{Tq n{~Hl qT~(fA (Q:T \ifT~!,\) : to listen to me for a minute. artll~ iiJ'T, 5fT~J:f fl1f.,fc"{;r ~T3)ij" it it er.~;;T :q T~a T ~ fef. i::lt r.n tr 3fT;:jf Cfi~T ~T fet) ~;:r. it. ~T~T ~Tq ~TfJT 3TT ~ ~Gf ~ il ~T an ~~~ I MR. SPEAKER: It is irrelevant. I (Interrupt ions) do not believe it. Nothing is going on • record. MR. SPEAKER: I have not a))o wed. *(Inter lupt{ons) trHT CfiT a-) it ~Cf) trTV1 ~~ ;;~ PROF. MADHU DANDAVAT-B trCficH I arq~ 3TTq~ ~'lT"T ~ (=f) ~liT (Rajapur): I may tell you that during t:tlf' cn:TCfiT ~ I t he discussion on Andhra on the 21 st, th e Prime Minister had said that she *(1nte, rupl ions) had not been consulted, but today ...... , : ~ BHADRA 5, 9Q6 (SAKA) MR. SPEAKER: Sbe has said it MR SPEAKER: No, I cannot per on the floor of tbe House. There is mit. That is nothing. I do not like it. absolutely nothing. I am not going to It is irrelevlnt. Absolutely not allowed. believe it. (Interruptions)-- PROF. MADHU DANDA V ATE: 1 have given a notice under Direction MR. SPEAKER: So many things 115. appear in the newspapers. I am not permitting him. MR. SPEAKER: No. (Interrupt ions) 4t PROF. MADHU DANDAVATE MR. SPEAKER: Ab:i )I u tely irrele. Don't you think that H is a seriou V • Not Recorded. AUGUST 2;~ 1984 THE MINISTER OF STA TE IN ~:ifT ~,aT ~~9iT ~ Cf)T ~ q'~ CflfT THE MINISTRY OF INFORMATION AND BROADCASTING AND MINIS· ~')u:q:IlT;:r ~ I TBR OF STATE IN THE DEPART MENT OF PARLIAMENTARY AF ~t ~~~ ~~n~ "'TctT~ (q')~TifTa) : FAIRS (SHRI H. K. L. BHAGAT): I 9:rT want to express my regr t5 to you, my 31~lT&l l1 ~)~lf, ~~ 5I"~!lT fq~~ apologies to you and also to the hon. :qT"{ f~'f ~ fCif;;r ~');:r ~T~ ~') q\if~ ~ Members uf the House. I had said that araCfiT"( ~ ~ I ~Gf Cfjfl1 (5cq- q?"T ~ I the LIC Bill hould be taken up bee use a m essage from Rnjy Sabha was \1TfT o~q ~~ ~ I 3Trq ~ ~ Gfl=t it expected, and I did nol know mysclf that is also my fault-that you had ~'f§ Cfi"{T~O: I q ~ t q~ fcsf:if~T Cf}q. given some as urance in this House. I :qrf"\l[T ;r ~~ aT~ ~"\ \~T ~ I express my unquali fi ed rtgrets to you and to the Members of the House. ~t'tf~ q~)~q: lf~ (JT ~~c «Gf This was done only because a mess'lge was expected from Rajya S"lbha. ~Cfc ~ I q~t q (rrEfffqc ~, ~f\iff~fGcf ar~l=Gf\1T ~ I ~Tqot ~:pJiSf~~ tf)'~ srT~ (qj~Ti{ ~)e) : aTe1:feT l1fIT~1:f, l"t 3TT~ 9.. ftlTm SHRI E. BALANANDAN ( Muknda puram) : What about the Kerala cement ~~cffT CfiT - ~)<=i) ~ Cf. @ c;fT:; q~ ~t9 scandal, S if ? efi~;:rT =tf l~::r ~ I q-Jf iGf it Tf~~ fiffl1 efiT MR. SPEAKER : I have already srTqif~T Cfi~ ~ Gf~~T CfiT f~~rrT~~ FPH explained the situation. It is not \ifT ~~T ~ I 19 B" 2 2 ~T~ ~Cfl ~ q=t;:q) coming up b ecau <;c of paucit y of timo. Otherwise, the Government was ready I 9) apFH f-f.lfT I 2 ;r ~T ~lf~)c ~;:r ~ the bon. Members from the Congr ess fUat:Gf"{ Cfi) \ifT Cfc;i f\1"G" Cfitq)~'U ~);; sije were ready. It was only a question ijfT "{@ ~, ~~lt ~;vn~c Cfi"{~ ~ f~~ of time. Gf~ (J ~l1-rT~ Cfi"{~ cfT~') f:qfC:_clfT fr1'(i') SHRI INDRAJIT GUPTA (Basir \ifT "{@ ~ I ~l1 :qT ~a- ~ fCf, \j~~ cat it hat) : The Business Advisory Committee had decided that on the bst day there :q:qf Cfi"{~ CfiT t:ITT.T fG~f \in~ I would be a discu ssion on the Approach to the Seventh Plan. Now I find that it MR. SPEAKER: The Home M in is has disappeared from the agenda. How t\.r should take notice of this. did it happen ? Who decided? ~t ~T~;:lf Sf~nq: lfTa:~ (iler~~T) MR. SPEAKER: The question w is to take up either that or the other two. ij""{CfiT"{ ~~ Cfjlftvr;; Cf)') f"{q)i ~ Gfr~ We have had two discu~sions later on, it qf;~Cfi ar)q')fijlf;:r ~;:rT ';:rT~ CfT ~ I on Shri Lanka and on rise in prices •.• fq'iffl fGijl fCf"{)eft G~) ~ ~aTarT ~ SHRI INDRAJIT GUPTA: It wa s oTTtTefiT ~«~ ~n=t it f~{iCf)"{ f~lfr ~r I a Calling Attention on rise in prices. ~lf~ q~)q1f : \if) ~'C9 ~ Cfi"{ ij"l.crT DR. SUBRA VlANIAM SWAMY (Bombay North East) : H ave they deci ~T, q~ ff~ Cfi~ f~lf f ~ I ded to give up the plan? (Interruptions) ~") ~T~ij[' srm~ lfTt'f: It \iff;:r;:rT MR. SPEAKER : There were t 0 fCfi \3'ij'Cf,) ij""\CfiT"{ :qT~~T ~ aTrtfit ~ tTr« things which were to be taken up. • ~ l I'. \ • , BHAOI(A ; 190; (SAKA) 10 Even on the 23 rd it was OD the '1) ~~~TtTtfVr Gf~lfT (C3'\i~'1) : · agenda, but lack of time is the only 8lell'~ \if) 1 ;:ft Cfln:'1T=t!lFf factor .... We had it on the agenda .... q:q it ij'Titc antfi ~T~lfT ~ <.fiT,,~r~ it ~rrHfT~ SHRI INDRAJIT GUPTA: We mite :q)() Cfi) ~C:'1r~ ~) ~@ ~ fiil'ij' protest again>t this. You want to rush through legislative business '1 ~)CfiT \ifl '1T :qTf~1t crrfcn ~TfS~rll' ij'l=qfu <.fiT ,!CfitrT'1 '1 ~) I DR. SUBRAMANIAM SWAMY: Is there going to be any Sever.th Plan or they have decid .! d to scrap it ? ~ttm' 'f~)G tt : anq ft;r~ q;~ G:T I (Interrupt ions.) SHRI SI\TISH AGARWAL (Jaipur) : Has the Governmont any SHRI SATYASADHAN CHAKRA serious objecti ons to the extension of BORTY : If you can guarantee that the session for a day or two so that we there will be a ses ion, then it does can discuss the Sev-!nth Plan. Another not matter. important development you will find in thu papers to-day is that the Punjab Governmen t has not yet decided about MR. SPEAKER: There is bound the World Sikh Convention. The whole to be a session. Don't worry. There is thing is in suspen oin. You would have bound to b e a sc sion. You know I also read in the papers that the Chinese never go back on my word. There is troops have moved ioto Pak-occupied going to be a se sion. territory of Hunzl in Kashmir. This is a serious mat ter. I want that the Govern SHRI SATY ASADHAN CHAK RA ment should make a statement with BORTY : Seven h Lok Sabha or Eighth r egard to these matters. Lok Sabha ? MR. SPEAKER: There is 00 point MR. SPEAKER: That is something of order. I cann ot say. SHRI SATISH AGARWAL: Why SHRI KRISHNA CHANDRA not the session be extended by a day 1 HALDER (Durgapur): I am trying to Has the Government ... catch your eyes. MR. SPEAKER : I do not know. MR SPEAKER: You have caught my eyes already. SHRI SATYASADHAN CHAKRA BORTY : Then who k '10WS it ? SHR[ KRISHNA CHANDRA HALDER: We should congratulate MR. SPEAKER: I can't say · the pilot and the crew of the hijacked off hand. · plane. SHRI SATWH AGARWAL: You MR. SPEAKER: People wi11 do it. ask the Minister for Parliamentary Affairs. The Rajya Sabhl is sitting till the 29th We can also sit till 29th and DR. SUBRAMANIAM SWAMY: discuss these matters. Following what Mr. Indrajit Gupta has said, at least let the Governmen t make ~, ~~\if (an::~r~T) areCl~ a Statement about the Seventh Plan mf{ : iifT, and that they are serious about it . f~ ~cn~ ~ Cfl~)~) ~f~\if'1, 8lrf~ ••• (Interruptions) Is there going to be cnftrlfT Efi cn~ it ~n:fCfr lfT\if'1T ~ QU ~ a Seventh Plan or are they going to scrap it '1 aq8T\ f~~~Wrl 'i~1{ ~) rrlU ...... !. ., 'j , .. • 11 AUGUS ,}l1 • .1~84 ~~~ ~Tqt.f: an fTtfT ij'T'(T CflT ~~q~ ,,~)~tf ! ;r ~~ ~iff I ~ ij'f\r I 8ntfCfi'T ~{i 'i)'t ~cfT3i'lfT, ~ U arCfT~'tTf" ~, ve:i;>( fq{f~' cn~qlfi ( '1~ sm \ifTo ~qfff (q~Tq~~T) : ~lf~ f({~\i') : 3feli~ ijfT, aTT\if aT anf{g\T \iff, arF~ 5f~!1T if ~T its arri"( ~~Pf f({'f I ~~;:; ~,)f\ifO: ~) if1.fT .... , ... a~tt~ " ~)GQ': 3fPl aT ~n({ it (Qq~etT'l ) 6fTll 1 ~ ~;:; \~T ~ I . ~T~Td ~'1'Cfr'l ~q ( ~\3fit"{) : a:rsl.T&l ~) m~ fq~l~) ~niijqQ'1; ~t, . it \if)" ifT qT~ liT;; 3f'1~ TlJT '.f'i"{~ -""_ anG: ;r OfT P;f)~aT Sif~~t i~q~ (~p: ~{ ~'~n: 'ATTlTd .1'1'q'T'l ~q : 3Tel:f~ ~~)~lf, l:f~l.T): ~TCTcrl liTijft:fT q"{ f~t~'!lT'1 \ifT qT~l1Ff Cflf 3fCf~~Uf Cfl"{~ ~ >lrflfT Cfl~l ~ ~ arT\if I if~T •.. •.• ~~ a 'fl' "t?:tC{lt: qQ: ~~T~) ~Cficn ~~t{el q~)f{Q' : q~ cit Q:T tTlif I Cf71T f~ ~l{ J.:f "QT ~ I it~ ~;r \iT li~ ~Hf I ~T ~q; n ~'f SHRIMATI PRAMILA DANDA ~T I ~g(l ~fa ~T ~ t~ ~ ~B"~ 3;Cf'\ r VATE : The Seventy Five Year Plan should be taken up and not this LIC SHRI RAM VILAS PASWAN: Sir, Bill. the Governmen t of India has failed to pr,olcct them. MR. SPEAKER: There is no time, M adam. SHRI M. RAM GOPAL R'ED':OV ~ "~iij ~1'f: Cf~1 q.·u f~~(; (Nizamabad): Sir, I fully agree and " support Prof. Madhu Dandavate fOf ~ftt:fT :qTf~ lt I calling the Andhra Ass embly to meet early only on the condition that •••• PROF SAIFUDDIN SOZ (Bara mull a): 10 the Central Hall there (lnlerruptions)** were life-size portraits of nMional hero ~ s, engraved paintings of tho SHRI RAM VILAS PASWA!N: British times. On the eve of the. session Sir, now how can you allow the Andti'ra these paintiDgs ha ye been l1emovcd ..... Pradesh matter? It has gone on record. " 61 t:q~ ,,~)~ : an q fR~ cniZ ({l, (Interrllpllons) I ~if ~Clq_~ qen ;;~1 ~ anq' 1!~ 1 f~{f 'I.l'C.'Q'!H "~Rl{ : q~ \if) fCfiiT~l 8TJq" ~~ ({) I U tfi~ ~~ it I It is not on record. PROF-SAIPUDDIN SOZ: f.have SHRI MOOL CHL'\NDI DI\6A already given a notice. (Pain· : Sir on the previous! day., a ·*Not recorded. (&AKA) :.. ion w s moved for cons ideration of ·:&HRI SATISH AGARWAL: There Life Insurance CO J1 porations ,Bill Ily is no urgency to pass ~be L I.e Bill. It Janardhana Pooj ary, D eputy M,inister ..can wait. Why 'rush through now? in the Ministry of Finance. Today in the list of business, this item does not SFJRI 'MOOL CHAND DAGA ': find a place at the appropriate place. ir, I '"w8nt to know wh ther it .w})l In this connection, I would like to read be t aken up. Will you kindly assure us out an extract from the book writtcm that it will De taken bp today? by Kaul and Shakdher, at page 357. (I/llerr uptions) HIt is an established practice that a part item of business is put down before any other fresh item". MR. SPEAKER: No. r,o. This is onJy a business part I can say. ~) '!~~;C{ ~ltrT: it lf€2 or~ Cfi~ SHRI MOOL CHAND DAOA "{~T ~, lJ;~')~a zr~ ~ fCfi ~~ 7 9 an~ .But it h put at the end of the list of business. Why shou ld I not raise a ~f~t:t I orrr'\ aTTi3f 3fl q 0;91 ;- Ta Cfi~rr T 'point of order on this? ~T~~ ~ a) \ill f~\i!~~ 1ll~ QI rrzrT ~ MR. SPEAKER: If it is to be \3"trCfiT Cfi+~l~ ct . ~~ ~ f~lZ qQ~ ~ {i'lT taken at first, it will be put at first in :qlf~tt I (6~q~TPf ) ..• the Li st of Busi ness. (Interrupt ions) Sir, will you kind ly a 'l~ ure that it will be taken up t Jay? SHRI MOOL CHAND DAGA: K·indly hear me for a minute. Under (Interr uptions) Rule 72 we give our ameodm nt. You wanted that the Bill should be intro- 'lEti~ Jf~t~tr : ~il MR. SPEAKER: The Jist of busi ness one be re-arranged according to Government requirements and at my discretion. There is nothing wrong about it. SHRI SATY ASADHAN CHAKRj\ So~ it will be takeQ, J30IlTY : Sir we c.ppose v.h~t Mr, 'IS AUGUST 27, 1984 Papers Laid -1'6 Vajpayee is saying. It cannot be accep MR. SPEAKER: This is your ted. On behalf of my party. I want to opinion and that is his opinion. I have put it on record, that we are opposed nothing to do with it. to this_ The Election Commission has no right to take a political docision. ---- This is a political decision (Interrup tions). 11.25 brs. Jl.lfT ~n"{o ~;:ro "(T~~ C~~) : ~f~ PAPERS LAID ON THE TABLE or~lfT:qT"\ ~ qTf~ Cl ~TCTi~ , Report of the Law Commission . . . ( cl{q'efA ) . THE MINISTER OF LAW, JUS 12 fG'l ij- ~ ~~cn ;n Cfi"\ "\~ ~, Zi~~T TICE AND COMPANY AFFAIRS Cfil~ ~lfTUFr ~~T frrCTi~T ~ I (SHRI JAGAN NATH KAUSHAL): I beg to lay on tbe T tblc a copy of the . . . ( c~ct~l'i ). . . Hundredth Report of the Law Com mission on 'Lit igation by and against ~Tlf fl1 frr c~ ;:r 3n !1cn~ f~liT ¥iT the Government : Some recom· m nda t ions for reform' . [Placed in fCfi 111 ~~ Tf· cl iJf q ~T!lT~ ~ \iiI f"( tfli Library. See LT-No. 86 815 / 84] ~ \3 ij- q ~ to ~'1 i:i q !ll ~i. ~ ir , ZiU q!lT '1~T fcPH 3iT~ li~~ cp:f] !If'1 i'fT f~qTi Notification under Delhi Motor Vehicles Tax ~ t ion (Amendment) Act '+j) q!lT ~~1 fcp:n I .•.( (;t{ct'tfl'i). , . 19F3 and statfment ~howing reasons for de Jay in Jaynig tbe Notification MR. SPEAKER: Not allowed. and Rf.>port of the Calcutta Do~k Labour Board. Notification unucr ( Interruptions) Motor Part Trast Act, 1%5. JI.If! ~l~;;T~ ~);:rifi ~H~l (ij-~~~): lHE MINISTRY OF STATE IN 9 ~ ~r{F~ if 77 oTTG:11T frr !f(lT'\ THE MINISTRY OF SHIPPING AND TRANSPORT (SHRI Z. R. ANSARi) : f~~ ~T ~ I ZirJ ~ 3)q ~ ~ i of :q1 Gf ~3rr I I beg to lay on the Table: ~t;~ ~ q'~)~ lf: liQ: ~~G ~Gf~'iG (1) A copy of Notification No. ~, it 'fT.fT Cf. ~ ? UDT (A)/Tpt/83 (Hindi and English versions) published in Delhi Gazette dated the 1st "{T,;Fnq lfQ: S!.lf ~)t{~'{ ~1T~'!lt: Deccmebr, 1983 regarding the ~~c ~~~'ic 'i ~T ~ I srl~l".f f'1f'lfc\ date of enforcement of the provisions of D elhi Motor I ef ~t rr{ ~T 011\ ~cnrrcr ~~B'lnt lf~ gan Vehicles Taxation (Amendment) ~ :qT ~CJT ~ ~~ '1"\ fcr:qT,( fCfilfT \it'Tlf I Act, 1983. [Placed in Library. 'See LT-No. 8689/84] SHRI G. M. BANATWALLA (Pa nnani) : Sir, we have taken strong (2) A statement (Hindi and English objection befor e the Election Com .. versions) showing reasons for mISSIon and the Government about delay in layingt he notification adopting 1971 Assam electoral rolls. mentioned at (1) above. We have demanded 1979 electoral [PIeced in Library. See LT rolls. No. 8689/84] *Not recorde4 ~ • f· r ~., Popers Laid BHADRA 5, 1906 (SAKA) Popers Laid 1 a (3) A copy of the Annual Report Port Trust Testing House (Hindi aDd English vrrsions) of (Amendment) Regulations tb(1 Calcutta Dock Labour Board, for the year 1977-79 and Schedule of Charges, along with Audited Accounts. 1982 made by the Board of Trustees of the Port (4) A c( py of the Annual Report of Bombay. (Hindi Hnd English versions) of the Cllcutta Dock Labour Board, fJr the year 1978·79 (ii) GSR 549 (E) published along with Audited Acc unts. in G azette of India dated the 29th July, 1984 approving the Tuticorin (5) A copy of t he Annual Report (Hindi Clnd Engl ish versions) Port Trust Employees (Recruit ment, Seniority of the Calcutta Dock Labour Promotion) Bo:ud, for the year 1979-80 and Amend along wit h Audited Accounts. ment Regulations, 1984. (6) A c py of the Annual Report (iii) GSR 61 I (El published (Hindi and English versions) in Gazette of Indi::.l d::l ' t~d of the C:dcut ta Dock Labour the 16 h August, 1984 Board, fo r the year 1980-81 approving the Tuticorln along \.\ith Audited Acccunts. Port Employees (General Provident Fund) Amend ment Regulations, 1984 (7) A copy of the Annu:tl R l po rt made by t he Board of (Hind i :lnd English version) Trustees for the Port of of the C ' lcutta Do k L abeur Tuticorin. BoanJ, f L)J' (he year 1981·82 along ,,"ith Audited Accounts. (iv) ~ GSR 550 (E) published (8) A corY of I he Annual Report in Gazette of India dated (lI 'rdi and English ver!>ions) the 31st July, 1984 of tl c Calcutt· Dock Labour approving the 1 uticorin Bo::nd , for the year 1982-83 Port Employees (Leave) along wit:) Audited Accounts. First Amendment Regula tions, 1984. (Placed in Libra ry. See LT-No. (9) Six sta temCrlts (Hindi and 8691 / 84] Engli sh versions) showing reasons for del .t Y in laying the papers mentioned at (3) to (8) Notification UDder Minimum wages abo e. · [Placed in L ibrary. See Act, 1948 LT-No. 8690/84] THE MINISTER OF SlATE IN (10) A copy each of the following THE MINISTRY OF LABOUR AND Not ifications (Hindi urod REHABILITATION (SHRI DHARMA "ngl ish versions) u nder sub VIR): I beg to lay on the Table a sect ion (4) of ection 124 of copy of the Minimum W <.l ges (Central) the Major Port Trusts Act, Amendment Rules, 1984 (Hindi and 1963 :- English ver~jon ) published in Notifica tion No. GSR 846 in Gazette of (i) G SR 842 published In India dated the 4th August, 1984 Gazette of India da ted under section 30A of the Minimum the 4th August, 1984 Wages Act, 19b4. [PJaced in Librarf ...... _ _-_ _.. _- D_ ...... '"'" •• C" ... .. T T_N'n RI\Q'/Rd.1. 19 Pap',s Laid AUGUST 27, 1984 Papers Laid 20 Notification under Essential Commo of the Nat ional Cooperative dities Act, 1955 and Nfttification under Coconut Development Board Union of India, New Delhi, Act, 1979 for the year 198~·83. Annual Account and Review of the (4) A copy of the Annual Acco National Cooperative Union of India and National Council for unts of the National Coopera cooperative Training, New Delhi tive Union of India, New Delhi, for the year 1982-83 Annual Report snd Review of t.be national Agricultural ooperatlve along wit h Audit Report Marketing Federation of India Limi- thereon. ted, New Deihl (5) A copy of the Review (Hindi Annual Report and Reviews under Companies Act and English Versions) by the Government on the wOlking Statements' howing rea ons for delay of the National Cooperative in laying the above papers on the Union of I'1dia, New Delhi, Table of the House. for the year 1982-83. THE MINISTEl OF STATE IN (6) A · statement (Hindi and THE MINISTRY OF AGRICULTURE English versions) showing (SHRI YOGENDRA MAKWANA): reasons for del ay in laying the I beg to lay on the Table papers mentioned at (3) to (5) above. [Placed in Library See (1) A copy of Not ification No. LT-No. 8695/84.] GSR 490,E) (Hindi and English versions) Publj::,hcd in Gazette (7) A copy of the Annual Report of India dated the 2nd July, (Hindi and EnglIsh versions) ] 984 contalnlOg the Order of the National Council for r garding supplies of fcrti Coopcratiw Training, Nl.!w lizers to be made by domestic D el hi, fo r the year 1982-83. manufacturers of Fertilizers to variou Sta tes/ Union Territo (8) A copy of the Annual Ac- ries/Commc,dlty Boards during counts of the National Council the period 1st April, 1984 to for Cooperative Training, New 30th Sep'ember, 1984, Delhi, for the year 1982-83 under sub-section (6) of section along with Audit R port 3 of the Essential commodities thereon. Act, 1955. [Placed in Library See LT-No. 8693/84] (9) A copy of the Review (Hindi and English versions) by Gove (2) A copy f the Coconut Deve n mcnt on the working of the lopment Board Recrutiment National Council for Coopera (Amendment) Regulations, tive Training New D lhi, 1984 (Hindi and English ver for the year 1982-~B. sions) publi hed in Notification No. GSR 625 in Gazette of (10) A stat ment (Hindi and Eng India dated the 23rd June, J i h version ) s hawing reasons 1984, under s ction 21 of the for delav in laying the papers Coconut Development Board mentioned at (7) to (9) above. Act, 1979. [Placed in Liberary [Placed in Llberary. See LT See LT-No. 8694/84] No. 8696/84J. (3) A copy of the Annual Report (11) A copy of the Annual Report U-lindi and English verSiQIls (Hindi and En lish ver iC'os) of 21 Papers Laid BHADa A 5, 1906 (SAKA) Paper3 Laid ~~ the National Agricultural oomments of the Comptroller Coopera tive Marketing Fede and Auditor General thereon. ration of India Limited, New Delhi, for the year 1982·83 (15) Two statements (Hindi and along with Accounts and the English versions) showing rea Audit R eport thereon. sons for delay in laying the papers mentioned at . (14) (12) A cc:>y of the Review (Hindi above. [PJ 8ced in Library. See and English versions) by the LT-No. 8699/84] G overnment on the working of the National Agricultural Co operative Marketing Federation (16) A st ·\t ement (H indi and English of I ndLl Limited, New Delhi, versions) correcting the reply for the year 1982-83. given on the 13th August, 1984 to Unstarrcd Question (13) A stat ement (Hindi and English No. 3194 by Shri Atal Bibari versions) sh1wing reasons for Vajpayce, regarding animals delay in laying the papers sl ~ ught er ed. [PI :: ced in Library mentioned at (11) and (12) See LT-No. 8700/ 84 above. [Placed in Library. See LT-No. 8697-84] Reports of the Pasteur Institute of India COOnoor Statement bowing reasons for delay in laying Papers (14) A C('py each of the . following papers (Hindi and English versions) under section 619 A THE DEPUTY MINISTER IN THE of the Comp:mies Act, 1956 : MINISTRY OF HEALTH AND FAMILY WELFARE (KUMARI (a) (i) Review dyt he Government KUMUDBEN M. JOSH) : I beg to lay on the work in g of the Madhya on the Table Pradesh State Agro·lndustriell D evelopment Corporation (1) A copy of the Annual Report Limit d, Dhopal for the year (Hindi and English versions) 1976-77. of the Pasteur Institute of India, Coonoor for the year (ii) Annual Report of the 1979· 80 along with Audited M,ldhya Pradesh State Agro Accounts. Indu tries Development Cor pon . t ion L imiled, Bhopal, for the '\'ca r 1976-77 along with (2) A copy of the Annual Report Aud ~le d Accounts and the (Hindi and English versions) of comments of the Comptroller the Pasteur Institute of India, and Auditor General thereon. Coonoor, for the year, 1980·81 [Placed ill Library. See LT-No. along with Audited Accounts. 8698/84] (3) A copy of the Annual Report (b) (i) Review by the Government on (Hindi and English versions) of" the working of the Oujarat the Pasteur Institute of India, Ag 0 Industries Corporation Coonoor for the year 1981-82 Limited, Ahmedabad, for the along with Audited Accounts. year 1 98 1- 8 2. (ii) Annual Report of the Guja (4) A copy of the Annual Report rat Agro lndu ·tries Corpora (Hindi and English versions) of tion Limited, Ahmedabad, for the Pasteur 10 titute of Iodia. the year 1981·82 along with Coonoor for the year 1982-83 Audited Accounts and the along with Audited Accounts. i ~ 3 Papers Laid AUGUst 27, 1984 Mess. from R.S. 24 (5) A copy of the Review (Hindi 11.32 hrs. and English versions) by the Government on the working of MESSAGES FROM RAJY A SABHA the Pasteur Inc;titute of India, Coonoor for' the years 197 9- 80 SECRETARY-GENERAL: Sir, I to 1982-83. have to report the following messages received from the Secretary-General of Rajya Sabha :- (6) A statement (Hindi and English versions) sho,ving reasons f\)l' (i) HIn accordance wit h the pro delay in laying the paper visions of rule 127 of the mentioned at (1) to (5) abov~. Rul es of Pr cedure and Con [Pla~cd in Lib0r ~ y. See LT duct of Business in the Rajya No. 8701 / 8 .. ] Sabha, I II m directed to inform the Lok Sabha that the Rajya Annual Accounts and Review of the Sabha, .. t its sill in g held on Delhi Develop. ent Author.ty Delhi: the 25th August, 1984, passed, in accordance with the provis Statement show ing reil~ons for delay ion' of article 368 of the in laying the Papers I Constitution of India, withJut any amendmen t. the Consti THE DEPUTY MINISTER IN THE tution Forty·cigh lil Amcndmcn t DEPARTMENT OF SPORT, IN THE Bill, 1983. wh i 'h W any amendment, the Consti English versions) of the Public Accounts tution (Fifty-first Amendment) Committee: Bill. 1984, which was passed by the Lok Sabha at its sitting (1) Two Hundred and Twenty- h eld on tbe 23 rd August, eighth R ep crt on Conversion 1984." of Viramgam-Okha-Porbandar Section. (iv) Hln accordance with th.. pro vi si ons of ru le 127 of the (2) Two HUTldred and twenty-ninth Rul s af Pr cedure and Con Rep rt O tl Action r aken on duct of Bu'\iness in the R :ljy.l HunJ red and fifty. third R eport S' bha, 1 am dircct~d to inform relating to opening of a new the Lok S 1bha th~t the Rajya autom ltic exchange and Bagh S,lbha, a t its sittin~ held on Bazar, Culcutta and projects the 25th ;\ u ~ u t, 1984J p ac;sed, for installation of t hree tele in acco 'd:lDcc with the provi pbo e cxC' ha ges at Railway ' ion ' of utic1c 368 of the pura, Ahm 'Jda bad. ConstitutioI1 of bdia, wilh o~ t any amendment , the Con ~ ti (3) Two Hundred and Thirtieth tutioa (Fifty-sc;cond Amend Report 00 Customs Receipts m':.: t) Bill. 19 84 , which was Duty Exemption Bnti tlement p a 'led by the Lok S lbh:1 at Scheme. its si t tin3 held on the 23r4 Augu ~t , 1984." COMMITfEB ON OOVERNMB NT (v) crrn ::- ccordance with the pro A SSURANCES visions of rule 127 of the rul es of procedure and conduct of T £nth Report Business in the Rajya Sabha J I am d irected to inform the SHRI SONTOSH MOHAN DEV Lok Sabha that the R ajya (Silch r): SirJ I beg to present the Sabha, at its sitting hald on Tenth Report. (Hindi and English ver the 25th Au gu , t, 1984, passed sion') of the Committee on Gove rn. in according with the provi· ment A surances. ions of article 368 of the Constitution of India, without 11.3 ~ hrs. any amendment, the Consti- tution (Fifty-third Amend- STATMENT RE CERTAIN ment) Bill, 1984, which INFORM-<\ TION GrVEN BY was passed by the Lok Sat)ha MINISTBR IN REPLY TO SQ. at its sitting h eld on t'Hb' NO. 124 AT 31-7-84 R BGAR 23rd August, 1984." DING CONTROL LOVER ALL INDIA RADIO AND TELE- VISION 11.33 brs. SHRI SURAl BHAN (Amballa): PUBLIC ACCOUNTS JOMMITrEE Starred. Question No. 124 answered on 31 July, 1984 related to times of India report carr>,iag Shri L.K. AdvaoiJs Two hundred twenty eighth , t"o hundred twenty ninth and two .hond.. analysis of AIR coverage during the red thirteenth Reports Andhra-Karnataka elections. T he Mini ster in his ahsw~r st ated that tb e SHRI SUNIL MAITRA (Calcutta analysis was incorrect. Shri Advani's N orth Bast): Sir, I beg to present a[)alysis wa'i based on the records kept the following Reports (Hindi and in tho Parliament Library. · ,. , ' ~ , . 21 Statl. I Mrs. Gandhi 243 Jines (of these 130 lines were devo ted exclusively to poll cove rage). Shri Morarji Desai 7 lines Shri Atal Bihari Vajpayee 6i lines Shri E.M.S. Namboodiripad 13~ lines Shri Jagjivan Ram 9t lines The c1arificatory note sent by the Ministry has given the following facts :- MIS. G,lOdhi 251 Jines (of these 137 lines pertain to poll matters). Shri Morarji Desai 7 lines Shri Ata] Bihari Vajpayoe 8 lines Shri E.M.S. Namboodiripad 13i lines Shri hgjivan Ram 10 lines You will ?gree that the analysis mado given a numl,er of figures which had no by Shri Advani is substantially confir relavance either to the main question med by this clBirfication. In (act~ or to any of the supplementarics. The even more lines have been given to Ministry in their note has sta ted that Mrs. Gandhi than were alleged by Shri the figures given by the Minister in Ad vani. House also related to another arti cle by Shri Advani published in Then, again, Shri Advani's analy. the Gentleman of Juae 1984. My sis bad said that not once was any oppo charge thus tbat the Minister's replies sition leader favoured with any head were irrelevant and misleading also lines while on as many as nine occa stands vindicated. sions Mrs. Gandhi's speeches were covered in the beadlines. The clari J demand that the M inister may fication sent by the Ministry endorses clarify the position in the House. this saying : THE MINISTER OF STATE OF "It is a fact that Prime Minister THE M'INISTRY OF INFORMATION had been headlined on 9 occasions AND BROADCASTING AND MINI· during this period. On the other STER OF STATE IN THE DEPART.. hand. there was no headline cover MENT OF PARLIAMEVTARY AFFA· ing any of the Opposition leader." IRS (SHRI H. K. L. BHAGAT): In the Starred Question No. 124 in the On this point also the Minister'S Sabha on 31.7.1984 there was a refe claim that Sbri Advani's analysis was rence to the news items in the Times of wrong is proved baseless by the clari- India New Delhi, of 3rd June, 1984. According to that news item, Shri L.K. ficatiC'n itself. Advani had, inter-alia, statl!d that as to On page 2838 of tho cyclostyled how the money power and media power Lok Sabha Debates the Minister had have become to major threats to tbe 29 Statt. Re : Control BHADRA 5, 1906 (SAKA) Statt. Re : Control 30 over A.I.R. over A.I.R. fa irness of the electrons. The news Leaders mentioned in the news item a1 0 implied that according to his items alone had been covered study 0 f the principal AIR new bulle during the period; and tins in English a t 9.00 P.M. between December 15, 1982 and January " (c) Wbether tbe headlines devoted 1983, tbe bro ~ dcast coverage was, to the Prime Minister were part isan _ The news i tern also contain on poll matters. ed the details of the number of Jines given to th e Prime Minister and those In all these three aspects, Shri advani's to the Opposition leaders as well as the conclusions as montioned and implied number of occasions on which Prime in the news item were not correct. Minister's speecbes had been headlined. 2. The following questions arose viz. 3. During the period in question, namely, 15th Dt:cember. 1982 to 7th (a) Whether the poll broadcasts January, 1983, AIR's 9 '00 P.M. news may be said to be partisan; bulletin in English had given coverage as detailed below to the Opposition (b) Whet her only the 4 Opposition Leaders: 1. Sbri Vajpayec 8 lines 2. Shri Morarji Desai 7 lines 3. Shri Jagjivan Ram 10 lines 4. Shri E.M.S. Namboodiripad 13'5 lines 5. Shri Ch~ran Singh 7'S lines 6. Shri Chandra Shekher 1.'5 lines 7. Shri Subramaniam Swamy 4 lines 8. Dr. Mangal Sain, BJP 7 lines 9. Smt. Vijaya Raje Scioadia 3 Jines 10. Shri Sbyam Nandan Mishra 4 lines 11. Shri Rubi Ray 7 lines 12. Shri H.N. Bahuguna 6 lines 13. Shri Rajeshwar Rao 3 lines ----- 82.5 lines ---- 4. In the news iten, there was no ted to policy and other pronouncements mention of the Opposition Leaders made in her capacity as the Prime Mint other tban S/Shri Vajp '~ y c .. , Morarji ster. 137 lines related to election Desai} Jagjivan Ram and E.M.S. Nam campaign. On the other hand, I he' boodripad. total lines to the Opposition Leaders were 82'S lines. 5. During' he same period, 251 lines had been devoted to the Prime Mini- · 6, Another relevant point is that ter out of which H4 Jjn~s w~re ~ev9· \lnQer tf\e 'scpemQ 9f el~ctioq br~aq~ast , · 31 Statt. Re : Control AUGU T 2t, 19 4 N.C.R.P.B. Bill 32 ovrr A.I.R. [Shri Ii .K.L. Bhagat] 11. In one more respect also, Shri Advani's statement in that news item represe ntatives of many Opposition par wa wrong also mis-leading. He had ties viz. Janata Party, Lok Dal, BJP, etc. said that "Shri N.T. R ama Rao found had broadcast over AIR Stations in a place in the radio news bulletns only Andhra Pradesh in December, 1982- on January 7, 1983 when he thanked January, 1983. the Aadhra electorate for the confidence reposed on him". This gave the im 7. The above would show that tbo pression that no news bulletins of AIR statement that Media Power has be eluring December, 1982 and January, come a tl}reat the fairness of the elec j 9 3, ever mentioned Shri N. T. Rama tions or that poll broadcasts were par Rao. The factS are different. AIR's tisan, is not correct. regional news bulletins in T elugu, which were broadcast over AfR, 8. The headlines to the Prime Minister Hyderab .d and Vijaya w-ada devoted during this period were not on matters. 123 lines to the speeches and state Telal iog to electioneering. They were ments m ade by Shri N. T R. on diffe in the natu re f p ronouncements made rent occasions during this per iod. I in the jntere. t of integrity and the may add th t during this period, the unity of the country. I am reJding Tclugu D esam Party was also devo. below some c f the headlines devoted to ted 204 lines. the Prime minister: 12. My attention was al 0 (rawn to 1. Mrs. Gandhi has warned the an artical by Shri L.K. Advani which people to beware of the divi was publi hed in the June, 1984 i sue sive forces in the country of the monthly 'Gentlemen'. The ana. (December 16, 1982). lysis in the article not only rere- red to the period mentioned in 2. Mrs. Gandhi says unity and the news-item in the Tl1ne of India discipline among the people but also to ~:\Dother period viz. is the only answer to the grave 15th D ecember, 1983 to 15th January, threa t from neighbouring coun 1984. Theuetails in respect of that tries (December 18, 1982. period were not correct. Therefore while 3. Mrs. Gandhi has said the dea ling with some sUPP'eme-otaries on country is almost self-reliant 31 st July 1984, I had furn ished the producing 90 per cent of its comparative details for the other r quirements. (D cember 21, period n amely D e cemb ~ r 1983 to 1982). January 1984 al so and the comparative figures given by Slui Advani for that These haedlines cannot be described period were also quoted. Shri Advani as part isan or as laction p ropaganda. bad mentioned in that article that during tbis period, 298' 5 Jines had been 9. Headlines in the news bulletins are devoted to opposition parties whereas, given to item on the basis their in factJ the number of lines devoted newsworthiness, topicality, importance was 501.5. etc. This is assessed on every occasion, on merits, with reference to the total newsfall for each occation. The fact that the tat ments of tbe Opposition 11.35 hrs. Le ~ der had not been headlined cannot mean that AIR had been partisan. NATIONAL CAPITAL REGION PLANNING BOARD BILL ofG 10. It was on the basis of these facts that I had pointed out that analysis MR. SPEAKER: Now Mr. But8 given by Shri Advaoi was incorrect. singh. *PUQlisped in the Ga~ette of India ' E~traordinary Part II Section 2 dated 27.8.84 33 N.C.R.P.B. Bill BHADRA S. 1906 (SAKA) Matters under Rult 377 34 - THE MINISTER OF PARLIA 11.38 hrs. MENTARY AFFAIRS, SPORTS AND WORKS AND HOUSING (S HRI MATTERS UNDER RULE 377 BUTA SINGH): I beg to move for leave to introduce a Bill to provide for (I) Need to takp. over the ownership the constitution of a Planning Board ofYavatmal Murtizapur railway line from British Central Provinces for the preparation of a plan for the Cempany development of the National Capital Region and for co.ordinating and moni SHRI UTTAMRAO PATIL (Yavat. toring the implementation of such plan mal) The railway ]ine betweon and for evolving harmonized policies Yavatmal and Murtizapur is actua))y for the control of mod uses and dove operated by the Indian Railways, but lopment of infrastructuro in the the ownership of the line still continues N ational Capital Region so as to avoid to be vested in British Central Pro any haphazard development of that vinces Company, According to the region and for mal ters connected there agreement between the said Company with or incidental thereto. and Indian R a ilways, the contract 'can be revoked in the year 1987, and thus MR. SPEAKER: The question is . the Indian·Railway will have the stautory ownership right. "That leave be granted to intro duce a Bil l to provide for the constitution of a Planning Board I would request the Government of for the preparation of a pl an for India and Ministry of Railways to take the devclc pment of the Nationa early steps to fin I ise the matter, so Capital R egion and for co-ordinating that the Railway in question may be and monitor ing the implementation taken over and run like the other of such plan and for evolving har Railways and to get same oporational monised polkies for the control of efficiency. land uses and development of infra structure in the National Capital So, there is urgent need for tho Region so as to avoid any haphazard Railways to take early decision and development of that region and for start in advance, preliminary prepara mat ters connected therewith or tion for taking over the above R a ilway incid en ~ I thereto." line for the benefit of the general public. I hope Government of India Tile Afo'ion wa adopted. will not allow the foreign agency to continue its ownership of this line any SHRI BUTA SINGH: 1 introduce more. the Bill. (ii) Need for immediate repairs or SHRI SATISH AGARWAL (Jaipur) : Greater Mahananda embankment at Sir, did y u Sl:1! I he ordur p .. tpcr to-day j Dhubal Bihar with army help i.e. items 1 2 to ,8 ? There arc seven Bi lis li sted fo r p' s iog to-day. Why DR. GOLAM YAZDANI (Raiganj): should Govcrnm "! nt rush through the Both West Bengal and Bihar have been busines on lh.} last d1Y? It is pJssible affected by serious floods this' year. to do them all to-day? Large areas of northern part of MaIda district in West Beogal have been MR. SPEAKER: Let us see. We flooded, and also large adjoining parts always face uphill tasks ... and do them. of Bihnr due to breach of the greter Mahananda embankment at Dhubal in SHRI SATISH AGARWAL: I Bihar portion of the embankment. The strongly protest against this. b reach has been complete to the extent of about 2,000 feet. The flood ' started SHRI INDR JIT GUPTA (Sa ir· entering northern parts of 'MaIda ~at) : I also protest against this, distri~t vi;. l:{ariscpaQdrapQr P. S •• 13,S Matters under Rule 377 AUGUST 27, 1984 Matters under Rule 377 3(; [Dr. Golam Y az1dani] q~ Eflr~ f.ili'!f"T ~~T ~qT q-r~ ~. G'felUf ~T"{Cf EflT f~;:;if f~? fT f~qT ij Ratua P. S aud ChLnch at P. S. in the first week of June last, and due to lfT arf&=fi ~~ Efl"{ ~ I widening of the breach, econd phase 11 41 hrs of serious flood b gan in the middle of last month. This fi00d has unexpected, [SHRI R S. SPARROW in the Chair] and serious damage to crops, houses and other propert i cs has been d(lnc. The best relief will be to close thc ~hr~ ~Ti q ZiT ~ ~r ~ij' \1r~ q-nT breach at Dhubal. Bihar Government ~"{(1T ~ I lT~ t{"(lT ~ fifi OT(rufS'lTT ~ has been trying to replir the breach, but compl ete rcpuir has not hecn made fq T 4" Cf.T1-~l CfiT~cn~T Cfi T arfa- f.T~ yet. Due to p.lrtial repnirs, flood wnter "{T~lf ~ 7ifiTlT q-"{ ~ q"{ ~ cn qT ~ ~ has been less than h ;fMC, but still the 'f.fr 'Tr if fgt{"T or1"{ arQ1TCTT ~ crfu ~ fio(ld hns not y,' t receded c" n' plctely. , ~ To en . urc future crops, the ' rl::.lch (if(lFf ~~ \jf~"{ ~r <:Tr:r.~T ~T ~TiTr I should be completely repaired. As the if.; ~T lf t1'~CfiTT tr~ij ~ m9, if.r'1;; lSf1"T civilian authority of Bih , r Government '" has found it diff.cult to r('pair the ifi"{ ~t{" sr~l "{ U~a- l1 ;:fT ~\1f~ ~ ~e- breach uptil now, it is desirable that the breach of th e embankment may be B'llFf(f l:TT~t:fl1 err fr.r rtTT'-{, ~T ~ ij repaired by n:ilitary mcn on a war CSf:q'Tlt I ~~ qo1T {fcti cpT orT"{ 3f~ 3fr~ footing. "~T 1r{T \it T «"FaT 1 ~t{"f~ q: \1'''{ifif { « l1frr 1i~ . lIT ~ I draw th e attent ion of the Hon. f Minister of Irl igation of ('cntrc ,to take up the matter and get th o.:! breach at 1. fCO~l1 B-'q"{ ~Ti ~T ~ 'f : frrl1hr Dhubal repJ iH d tITl.!ct ively, immcdli.ltely Fr.1:fT \jfT lr I in the interest of the p\.,;usCln ts .. nd others of West Bcngal and Bihar. 2. CfiT'1rfT ?t '+11' ~Q'fta-r1 fCFr.rr '" (iii) Need fo reoJ!ran'se Central Board ~Ffr ZSfP'~Tl{ ~) a) ~llfh:l" of Ji'ihn cenCl'rs f'f.~T \1fT7.I Cf~n ~cn qT~r Sf1:fSf UT CfiT ~p: rn ~ rf.f.-:r.:r 177' <1T :q'T~lTr I (iv) Need to constitute a separate Pay Committee to look in to pay structUl c and service conditions of III fq~t q r.T, T~;:~l fCf,~l:ll 31!fi1T~ Faculty ~nf~ ctT ~ru ut~ It is ironical that the faculty of 3 0 f~tr~iST "{ 1 19 81 ~ qr'f,ftlfT these ~nstitutes are getting a r aw deal 'Sfa' ;rr - Cf) rerfa in regard to their pay structure. Curr li;iT ~ \3'cf l1n::~ T~ ~T ently the pay scales of HT teachers a re era \3'Qf.1... TC: ~ fTtlfT ?fT I ~Cf:r arcHr~ IT't the same as those of other colle ages l{ I If ~ftSf Ii ~r ~ 'tfTtllJf r CfiT ~r and universit ies. In fdct the liT Facult y .,rrr h as been r ut to further financial dis f:.f, CfiT'{1S1'i ~ fJ'F'l WTt:r ~ tr)-gr itw advan t age while implementing the last i~2:ft ~~. ijf iFfr I ;rij' pay revision (in 1973) in the sense that fcra- r1 iFr lIT's are the only institutes which do ~fl:J:f T fi1.:r ~e., ~ l1TC::lf If ij- '1 g ~ ~r not give an examination remuneration '" ~ ~ a:fr"{ B" l>f. "{ ;;r, r o1.f -.::r ar r~~2: fi H to their faculty. Lack of attrac tive pay f structure is escalating brdin drain . Our ~ I 3f ;;q l1rc; TqT ~T":l ~T ~ <: ~T~ CfiT honourable Prime Minister has on b'lFl cH ~ · err?" a.r f iiG~ f:{ilf T \il' f ~CflT several occasions made it clear th:ltit is our governmenes policy n ot only to ~ I ~~ if ;r.ftsr It!lT 'fiT "3"c'1 r.;:., '+fT retain the existing talent in the country ;jff ~7t 11 trr TtT 2,TQen ifiPfiT q:;;r ~ I but also bring back those talented Indian scientists and tcchnolo", ists who arf-a ::r.T!IT "C 1 T~ rr !:TT ~ Zf (!' 91t: qf;:1"' 11 G.T\T have settled abro:ld. It is, therefore, f f,i:fT \ifr ~ii ~! ~ ~Fr~~ ~~ ~~'1r~;; , important that a sepa ra te Pay Commi • ttee should be consti tuted im'n cdiately :fiT fc-r:r: ~:ir (v) Need for early set up for IFFCO Soda Ash factory at Pbulpur 31a- Q;Cf II liTrrrrTJ:.f ~fq li~r ~ r;;~~., Cfi~ 'tT T fep ~ 31;f rft 'tfTCf!7J'f;;«T'( <0 ~T GlTo ~)o fH Q (~~~~/) : \1" lfT ~q:) 'f.), tfi(Vf~~ B' ~f1:i;:cr B'T:sr {tW qftj l{~)~ if, ~ \tti T~ ~ i3T~Cfi i3TT'!lCfHrrr1 rf>Cfc \r ~ Jt I ftHf 9'i~;:y- (viii) Need to withhold President's to asseut to the Criminal Procedure Code (Bihar Amendment) Bill, q B"T?ic: ~ f~\iT) lff~ ~ \j'tqT~CfiT CfiT 1982 Cfi"(T "(@ ~ I ~B' SfCfiT"( ~rQTij 3T"(iSfT SHRI BHOGENDRA JHA (Madhu ~qln CfilTT f~ lfT ~ I Yitr 1!;;rtr. ~)"(T bani): The prescnt Code of Criminal Procedure was adopted by both Houses Cfi) ~\ Cfi"(~ ~ f(.Wf~ ~ {=ti T{ 9:t ff(qc C\ of Parliament in 1973 in accordance with t ~l e Report of the Joint Select Committee of b.)th Houses of Parlia ment 011 the basis of the rccom nda tions of the Law . Commission. This (vii) Need for modernisation of RBHM Code governs the Procedure for Crimi Jute Mills, Katibar' nal cases for the w ole country. stto ~f~a~'fT~ Jt~p:n ( ij"ll~CfT,!~) : Some of the basic post ul Llies of this Code are separation of Judiciary from ij"'q'Tqfcr +1~T~rr I ~rr '+FT cft., Cfi ·-t ~ 91T the Executive , avold al.1 ",e of harassment arT~TGT B"~nT: f($f Q T~ GT ~r ..-r ~ cr r cr~~ and imprisonment of inno..; enl perwns to the extent possible. 'fT lit ~ tJ;Cfi OfT ~ 0 cf! 0 Q_:q 0 ~if I) \if.~ fq~ij" "fif~~T"( ~TtS~T D, ~ff ~?ftlf ~ fJftrl1T But the Governm nt of Bihar has has adopted a Code of Criminal Proce ~T~ l:T=:f."(1lT 2 () f~ trl= ~n:: I 1 98 0 ~ 0 Cfif dure (Bihar Amendment) Bill, 1982, 'fPl:qll ~lfl\{ ~ qt~ \5f2: \3"~irifT ~ tfTq which frontally contr r. dicts some of " if3lT ~ I qfg:qrr GflfT~ ~ q t~T ~PS~Tl:T- these basic postula tes. Th':! maximum period of refusal of bail in cases where !i~ iiJ.c ~?frrrT ~ orrC!f.,liTCf."(!JT ~ f(1~ police does not submit chnrgcsheet is t!Cf) GJ~T "(TflIT ~qT'liff Cfi"{ ~cf ~fqlT sought to be doubled from 90 days to 180 d ays which the )anata Party ~'l1, angf~rfi')~"(1lT Cfil f~ ~T it q ~~ 'l)T Government h ad increased from 60 ~ days to 90 days. Much more funda qtfi ~ I q~rcJ: an<: 0 crT 0 ~~ 0 t;ll 0 mental departure is mld~ in taking ~a- f!1~U ~fC:~T~ cr.T llllTTrr a;~l1rff away the right of trial of cases punisha C\ ble upto six months and/ or fine of ~"{Fft ~)~ ~ ($fTq'i~ f\iftrlt 4000 Rs. 1000/-under the I.P.C. from the ll\ifG"T Cf.T~"{a- ~ orTaf"CfiTii~1lT it. f"{Of~ Judiciary and h .lOding over the same C'\ ~ to the Executive. In special Laws, I ~ifl qT~ ~~T ~T if{ ~ ~ ~: ~a- ~ The Cr.P,C. \Bihar Amendment} lf~f~lf . if f.,lflf 377 ~ anil~ f.,l7'f .. Bill, 1982 is pending presidenes assent. I strongly urge upon the Union Govern f~f{iff fCf~lf "oTen ~ I sra'Ff t:i~r iifT ment to straightaway refuse Presidenes 20 ~':fr CfiT~'!fiij" Efl ~r{r srZ1r~ Cfi~ "{~ assent to tbe Cr .P.C. (Bihar Amend ment) Bill, t 982 without further delay ~ fCfl ~lfr ~ rruij' {WfflTT Cf1) q~T~T =t~T to end the uncertainty in the Public ~ ~q-\ {WfT lff ~T~ f~;: '2; "{Tijf~ .:rr., ~ iT \VI' mind in Bihar inc1udirlg the Rtc an~ the Bench. t:;f(lff if ~~ q-~~ ~r ~ f(f=tf r ~ cpT ~Cfi~ q""{ ;z:ni;f IfTtfi Cf1B Gfr~(f rrcr 1 7 (ix) Need to take steps for oil expla nation in West Bengal OTCfg:~"{, 1933 Cf1) ~ fifCfT:qrr et~ if ij''iff I SHRI KR IS HNA CHANDRA \F:Hf~r if ~rc(Jffrr To become self-sufficient in petro 3TTIlTT ~ \TT\~ ~ ~ , Cf)T\ ~Tiiff'fy;r leum products. and to save the valu ~~CfiT\ Cfif ~tr f~{SfZi if Tlftt:l \3'f:qa able foreign exchange, it is necessary to drill up to 5,500 metres to 6,000 tfiTzfCl T@' 'li"{;; . ~ fff~~ ~lfl a~n~« met~es at the above mentioned places ~f=t it ij'~rr if f1)~UfT Cfi~ifT CfTf I would urgl! upon the Central (xi) Nt ed for Constituting one autho Government and the Petroleum Mini rity for Security, safety and s ter to announce that the necessary efficient funet io niug or air parts steps as mentioned above, will be taken in India in view of recent bomb explosion at M .\dras Airport without delay to get oil in West Bengal and to make the country self sufficient in petroleum products. SHRI XAVIER ARAKAL (Erna kularn): The terroristic and tragic (x) Ne('d to fulfil the promise made incident at the Madras airport and the to farmers of Rajasthan canal subsequent Calling Attention debate area regarding interest in loans in the Lok Sabha have revealed the granted to them' inadequacies, iasecur i ty and lack of COordination between the various governmental and , non-governmen tal I 3 MatltJrs under Rule 377. AUGUST 21, 1984 Matters under Rule 371 44 [Sbri Xavier Arakal] fcrw r ~lfT ~ 31't;lfPiilT Cfi) trlH'i ~f(nTTtt agencies at the I lldian airports. At ~cf QGr;:i1fcr anfC{ ~ trtfT'i aF.ftr~ SfGr;:r prescnt 36 in tcrnatio lal airlines fly fCfi(( \;fTtt I more th an 12' 5 mill ion passengers and lift 21,000 tonnes of cargo very year (xiii) Need to imp ove the te)e~ommuDi· throu gh tho inter ational ai rports of ration racilitie in Madh ya Pra Bombay, D lhi, Caku t.l and Madras desh and to intro:J u 'c modern alone. I t i ' quitIJ evident that at -pre tc)ecommun ic.t tion techniques in tbe Country sent the Intcrnatio. al Airport Autho rity of I lldi.l cannot op.; with th~ ))~) ~~ll"l,{T~Of iiffe~T (~\j~':'T) : various mul t ifarious probl ms and complaints, wh lie it i m,l(ie accou ta ~"!1T q ~5 ~:q'r ( !fUf n-.:ft 'liT 3l fET'll r:r.Tq- ble by law. Thi p tr.l dox h 1S tobe ~q ;sr.,T~ ~ f~rr efin, 1T~ !T~HT f~'Z removed itnnlcd.atcly fo .. th ; safety and \ifP=rr :qTf~~ I J:!?; lsr~!1T q ~~ ~:qT\ Cfir security of the pa sengcrs, aircraft .\ d " . airport. I t so nlS t here are 16 Gove fcrHfT"{ f.,srf'{a ~e:~ u 9ilcnT cfhf ~ I rnment aC'Ycnci c , 4 a irline agencies, 16 commerci,d concerns, 3 CO .ltractors crtl 198 3-8 i 'fiT 31C{ftT it 70 C{ 'tfr~ not und r I\AI, 5 C l1iractofi' with '" ~;:~T "hl &l Inn fCfHn~ 'lif ~ IP:r f.,f~'9ci IAAI. 4 B.P.E. ag~nc ie funwtioning within the e airport ar .!as. This reveals f'liT.fT fTlfT !lH f f ;:~ fq 'Ff 1 ti ~ 9'e=!:f Cfir tremcnd ou " the compl icatcd, disor ~T 3fiij" :r "'l~ 29 ;~:~lfPl ~;:~T -fiT f<:.rF'T~ ~ gani c:;c d and dis-coordinat ed work of the airports. fiifij'q ~\ji3T'f, ~ff,. ('f 'q")q 1(>f, \Cf ~ l l1, It is important th:!t t ere should +i~111 ~, llTriif ! ~ ( ~ Cf f'+lrq ~;:Sf ij'f;q be one agency a the s uprem~ functional f~cr ~ I fcfHfT,{ CfiT~ it ~1 f Cfi lH :;rT authority to which all othl!r agencies ij" 'liT I or u lits aro made accountable and ~ id'~*" ~ GC\ { ~rt1 ~;:[ ~T subordinate. If thi.. is n t ffected PlHH"\ fqqcr :qT~ q~t ~ CfiTtT ;r ~1 f-li7.lT immedia tely, I am afraid many more tragic incidents will b ... repeated . There iifT ij"1iT ~ I ~~;;t ~1 ;;~1 Cf) \3\i~;:f, fore, I urge upon the Government to ~;:G1'{ ~)q-T~ m~ Cf Sf,!lg tf1T'{T if G.:~ constitute a high level committee immediately, in order to vest the sup ti:q'T'{ ortqt~T <:fi) Cfiptetll Gfi1TB- CfiT reme functional authority in the Inter arTCf~lfiioT ~ I arT~)c-\ifTq1:r CfiT Qr~ national Airports Authority of India for the securi ty, safety and effiCient, ~ iT?T \lfr.,r :qTf~~ I arr~)c'" B- ~T ~ ~ organ ic funct ion ing of th e ai rpor Gf):q ~(l~(pa t~lq:;)'l ~IT~'f Cf)T ~a-T~ tion India. Cf)~ lf~ f-1 7.lT \iff ij"opQT ~ I Q~T;;T« (xii) Ni'cd to provide ~ame faclliHes and promotional avenues to University teachers throughout the Country ifr :;p~T" ~ ~'):q ~~rqftrr «crT it ~cn~ f'lilft iifFfT :q l f~~ I ~trT ~CfiT~ Gf~'lrr~ ~) ifi~ q~T!,{ (ij)\~~) : {irif,\)C(, an~)c, lif~~~\ ar1~ ~'\r"T fq'!lCffq~ ,t>f lf atrf~T'l OfflJ)if '1)) QlfCf~ ~ r ~ ufQQ ~r;ftur ~~t it ~ \ 'tfT~ SfutT~'T Cfi) ctn:fi'l :qTf~~ f"'fi fiifij' SfCfiT~ ~;:itlf fqllCf- " fq~ r(1lfT it fq~PTI6lf&lT ~ 'lc{T 'l~ ~FfT~ ~ \1 Tq fCfl~ \;fTit O1'ElfP1 CfiT ~T "{l~QFf it frr~Cfcr fc 7.lt "1 TQT ~ ~~T 5fCfin: ~'QT ~ ij''+JT ftlllCf ~QQ;q ifu «~ n: ti':fT~lf on~ fGf~T~l:fT it fCfifFTTe '~ e~T ~) f'QT~Cfi) ~ & f~ ~"!1T it ~5 «:qT~ Sl1JfT~ Cfi) are r'lCfiifUf ~'T ~f(n:nan ~ clf:qQ ~ I an~f., aq- Q fi rfT~ i3{~~q- fqCfifij"ff Cfi'{ ora': ~n:tflT"{ ij' ~'(T l1tlJ ~ fiF fer' - CfiTq&l'1 GfrfTfT ijfT~ , ij'T't ~ iffiq ~~Qf : 5 ¥att~r~ u,flder Rule 377 BHADRA, '~~ 9 6/' (SA KA) Uatters under Rule 377 46 (xv) Need for Govenment' intervention (0 end trike by workers of Hatia ftcr ~~lf ~ ar,!~q ~"{T fli"{ ~"T~:q:I~ unit of H.E.C. srurT~') Cip) tf. T'~ ~P~ ' a['iTlfT \ifT~ I SHRI BASUDEB ACHARIA tBankura) : Despite the murder of the 12.00 hrs. trade union leader, and terrorism let loose by the police llnd m anagem ent, I the strike in Heavy Engineering Cor (~iv) Need to end the stfik~ by wortcers poration, Hatla unit is complete and of H.E .C. Jtanchi successful. The seventeen thousand workers went on stdke on Augu t 9 SHRI SAMAR MUKHERJEE para lysing the work in the factory. The, (Howrah) : The indefinite strike or workers decided to go on strike as the 17 ,000 workers in Heavy Engineering talks with the management on their Corporation, Ranchi which commenced charter of dcmr nds . failed to yield on 9th August, 1984 is complete and is re sults, Th e Government has declared continuing even now in view of the the strike illegal. The d emands of the failure of the Government of India to workers include t iroe based promotion intervene effectively. The HEC Abhiyan for the workers, the payment of city Samit i which i~ leading the s trike is allowance to be implemented from J 982 enjoying the support of all workers, inste <1 d of 1984, house rent allowance yet the management continues to re· to those without quarters, employment cognise the INTUC Union which is to at least one member of the family of cau sing a loss of product ion of Rs. 50 those whose land bad been acquired to 1akhs per day. establish the factory. The Abhiyan Samiti submitted 19 I urge upon the Government to point Chartet of Demands including the intervene so that tbe strike may come demands of withdrawal of the u nilateral to an end. modification in promotion policy, arrear payment of HRA and CCA, restoration (xvi) Need to eosure proper implementa of facilities available to trade unions in tion of pOlicies for welfare of ex the past, with(frawal of victimisation ~ ~ rviccrnen in States measures and creat ion of joint machinery , . for sett ling workers grievances. The SHRI RAJESH PlLOT (Dharatpur); HEC management refused to negotiate I had been raising off and on matters with Abhiyao Samity when the workers regarding the resettlement and the obsorved one-day complete strike on welfare of ex·serviccmen. Government 23rd July 1984. This attitude is solely has also been promising that the matter respon, ible for the loss of over R,\. 9 wHl be consi dered and appropriate crores of .p roduction so far which is action will be taken on the subject. This many times more than the cost of settle ~ouse has discuss d the problem on ment of workers demands. The atitude of several occasions and Central Govern the HEC Management is so callou:) tbat ment h as a lso inili ~ ted some of tbe even some of the Congres (1)1 leaders actions but the benefit of the actions of Rancbi had to come out in support are yet to reach th.e ex· servicemen. This of the strike in this major public sector devoted heavy strength of citizens is on undertaking. People in Ranchi town the verge of frustration b t.: cause of non observed Bandb on 17th August, 1984. implementation of Central Govel nment policies nt State level. If Central I earnestly request tile Ministry of Governm nt do not take immedi ate lpdustry to CQ :1VCQe a meeting at Ddhi action. the situation might worsen with tbe represent~ tives of the striking further. workers so that this Jong-drawn ' strike h s~ttl c~ wit40ut anr fQrther delar. J ur e upon tbe Gov~rnmen~ t9 47 Matter under Rule 377 AUGUST 27, 1984 Matlers under Rule 377 48 [Shri Rajesh Pilot] arrange for a negotiated settlement before the said five teachers stake their intervene immediately and corn e out lives on 30th August. soon with the High-level Committee decisions. The Government acceptance (xviii) Discontentment among University of these and other strict measures to students implement the Centra] Government policies by State Government are neces 'Sft ""lT~T1f iI'~T (f~~n:) : ij'\lT sary so that these test trained citizens q-fa- iijT, ~ frrlPl 377 ~ ar$'f f.,»r do not get frustrated and could be utilised for the development and the f~t:flf \3OT'fT :qr~cH ~ I integrity of the country. •fCf l1Cf - fq~T~~T if ~T?fT Cfl"T ~~a-T (xvii) Need for Government intervention for ean fly se1tlement of the demands gOn arij';: <:fl~ ~~ ~ f~~ tz ~d, it is not po~sible for State Govern (Xl) Proposed shifting of Defence tpepts to implement various welfare Vehicle Factory nnd the 'Grey Iron Foundry measures in the States including financial ~nefits to State employees. All India State Governments Empl )yees' Federa ~T ifT~Tif q\ i~ (\if~~,{): tion made several representations in «\lTq-fCf \iff, If'lf ST~ CflT ;;;r~~~ this respect to Prime Minister and the , Union Finance Minister. It is a dual (\if~r I \l1iTlf~ ~ iftc: e-, \lT ~Cf CfiT l1~lf .. responsibility of both th.! State and Central Governmen ts to meet thJ f~~ ~ I ~'{~r CfiT 1ftC' ij- \;q-gClCf ~;r ,eouine demands of the State Employees. ill CfiT,{Q)' srfff~&lT ~ ij'l=~f;:Uff Of~!'f)T The All India State Government Employees' Federation has decided to CfiT~~T~ l1~f q"( ffq'Cf ~ I ~lfiFT Off«T .caJ] upon five million State employees ~\jfT\ Cfi~:q'P:T ~;r ~"(~T ~~$!fL;;T if and teachers to 0bserve ne day's nationwide token strike on September CfiTli'{Cf ~ I ~;;iT ~Cfi ~ o~,,~ tfi~~-u 4. ]984, and tbe strike notices have o?fT i:trrT ~ i arn:r7';:r q)r\ju~ft I q~~ been serv d upon Central and State Governments accordingly. So, I shall CPT ~q' T tf.,T 1971 it a~n 3. Ioterim relief to State emplo fCf ~?f cH STrfc~ ill q~:qTCf" ar'fTff., fq~cr yees on Central pat tern and pay parity with tbe public 37 CJ~l it 5Tfff"\ e:fT ~ ~i:STf;~ 84 sector employees. Cfir ,{~T"T it ij- lf~r G) Cfi T~~ l ~, f~;;if '(&IT fcr\l PT % f<_vfl~ ~TlTr-iifTq-, QTfCfCf'! 4. Central D.A. with a rrears . +TT;:r ~ CP , arrfC{ CfiT r~rJ1CJT ~)clT~, tfliT 5. Devolution of more funds by ~q ~ 1J (ai~~~fCfi rr) ct f~(( 'C9t~ rrtt I . the Central Government to the State Governments. arcr: IT,\T ~ m li~T ~r ~ 01'1Ua- & 6. Vacation of victimination and fCfl ~ij' ~ f ~U it crTHffCJCfi~H iJlfT~, scraping of al1 anti-employees enactments by the Centre and ~ij'CfiT fq~q:Cf ~ l ;:rCfi' T "{f i I IT,{T +Thr lf~ States. 11~ ~ fCfi ~~ GT~T ~.~T ij'~~T;:rT Cfi) 7. Full trade union and democra- ar~FH ~;:rit CfiTzf'\o 17 ~~r"( Cfi'1{;fT- tic rights for tQe State employees. ~ f"{lfT ~l \if~~~~ ~ ;:r ~C:TlfT ;;;rT~ , .." I Matters under Rule 377 AUGUST 2.7, 1984 Matters under Rule 377 S2 (x i) Need to undertake extensive relief o~~ CfiT iff GTTTnf"{~t i~ iTt ~ I GTT~, . mt'8sure in drought -bit districts of Easterll Uttar Pradesh ~~T 8fT~ GfTl1T"{) ~ 'lTI!fUf 6a-T~j ~ I {aifT w;TCfi"{ ~~~~T Cfi\l) ~ti~ it 'l~T ~ Uift';JT"f ~Alti"( ~TT~~T (ij-~~~) : orT~ ¥:IT , lfT;:lfCf'\, aTTq~ +TT~'ll1 ~ il f~:qT~ 1i~T · 'fiT ~lfTij' ~llT ~ ~~T"' Ucf. a{\lTCf~'fcr orcr: ~~T fq~c qf~f'f ~fc:rlfT it ~11 '~ i'JfT.;t aiT~ ~ \;fFfT =t;fT~(fT ~ I ~., .,Tlf f~=qTf li~r ~ 3Tif~)CT 9~ 'lTT f:o- \:> ~. f~ij'T ~crr \3'~~ sr~'!ff it ~lfT.,ctl ~~T 9:CfT \3'~"{ sr~lIT ~ cn~TUfij'T , ~1., ~T, · q,r ~aTT ~ I ~~iT ~ ~~T tfi~~ qTifT ~ iTT\;fr~"{ arTf~ f\if~T it f~:qTt ~ ~Ttl'lT . armCf it ~~ ~@ ~, l1CfCfiT, ijCfrt, 'liT !lTTsnfCflllTf:T &T~ fCf.lfT GfTr1 I "{T~' lf iTr\;f~T Cf)T l1~lf.. q:;~~ tiT.,T ~ at'f1Tq it ~~Cf)T"{ tfi) f"~!ff f~~ \7fT~ f r~ foHn'll · ffGTT~~) tT~ ~ I ~ ~iTT., 7fT q~~T Gf;:~' ~T, arT~ ~ ~ ~rrT'l lTTlii ~1, ~T~T CfiT ~'f~ ::r.')lf 6?fT f~~T~ ~ IDa<1T CfiT ~~T ~T~ ~ I fq wq- fcr~Tlf ~~T lf~T ~tf.~ ~9-;r tfiftf ~ctlq- ar1"{ "Q:~T cpT ~) ;=rT ., ~}n ~ 91 "' l1l tfi cr.T \ifTll' I ~ T~ qTf~ ~T • ~~ ~Tt:r fGfcti 't~r ~ I ~~~ ij ~l1 ~iJT Cfi1 \if'fffT OTl\ tiT~ cfi\' ~ t:r~T,\Tts~ \if) it iifT<>iifT't l1Tif Cf:T ~ I ~fCfl'; Cfi)~ \3"'iCf)T ~~1l ~flf \71 "(~ &q~t ~ ~;aT CfiT arcr: ~n:~r\ ~ +r tlT ~ fCfi ~ \ ctiT"\ ~~ ~) fief Cffq~ ,\Tif iJff ctiT ~cHl~Hlfi ~ci ~;:~ (SJfa ~ PeTcr) ({efT· ci1frfCf~ Cf \~ ~ CfiT ~ I ~)rrl in ~ -~~ q"\ Cfi t1 iJ T ~ (il ~'1 It ar1"\ a~ en ~1 ~ tT +r~;:.p ~ B'q ~T ctl\~ ~T tt Cfi"\ f~ tl T \3"A r.r ~r tiq ifT~fr iifrGfT 3fT"\ (xxiv) Need (or additional fuods to aceelerate Ihe con truction of tiff ~q"( "Ill Gff '+iT ~ I ~ Cfl \3"ttf~a Mankbnrd-Belapur railway line in Mabarashtra fq~~ ~ Q; tTB TiJf If 3f1"( CSfgff ~T q-a~f it UiJ tTT~tt iift~ l cr.l \5j r+r 9 ~T ~T I ~ [Shrimati Sbalini V. PatiI] military forces· is a reflection on the administration of Punjab' which was a provi ~ion of nominal amount of expected to improve under the present Rs. 75 lakhs has been m~de as a result Governor Satarawala. of which the gestation p ~ riod of tbe proposed railway line will be unduly I want to know from the Govern delayed. since no progre~s worth tbe nl'.!Qt of India as to whether it can Dame can be made within the sanction assu re the Dl tioa that the security ed amount. measures would be tight ned to the extent that hijacking becomes impos. In view of the vital importance of sible. Ih3 Government must also go the pi oject; the Government of Maha to the root of th ~ matler and win the rashtra have offered to m ake av a ilabl~ alienated youth in Punj b ba .: k to the an amount of Rs. 7 crores during the mainstream of socio·political milieu. period 1984-86. SHRI A.K. BALAN (Ottapalayam): I would, therefore, r quest the Mr. Chairman, Sir, on a point of Ministry of Railways to allocate addi order ... * tional funds for the construction of Mankhurd-Belapur line and also utilise MR. CHAIRMAM : Nothing to go the furds being made available by the on record. There is no point of order. State Government of Maharashtra to Kindly sit down. acc.elerate the completion of the project. (Interruptions) (xxv) Need to tighten security to prevent MR. CHAIRMAN: I can't have it hijacking of aircrft this way. You sit down. This is not the point of order. I have heard you. You PROF. SAIFUDDIN SOZ (Bara sit down. mulla) : Sir, bijacking has turned out to be a sordid drama which is en 'cted (xxvi) Need to start a super fast tram every now and then in our country. The between New Delhi and Gauhati Oov~rnment on every such a occasion comes out with the usual assurances SHRI BISHNU PRASAD (Kalia. that the security would be tightened bor) : Mr. Speaker, Sir, I wish to draw and further at temps to hijacking the attention of the Minister of frustrated. Railways to a long felt need of the people of North Eastern Region regard The hijacking of the Srinagar bound ing a Super fast train like Rajdhani Boeing 737 on 24th Augu t, 1984, Service from New Delhi to Gauhati. first to Pakistan and then to Dubai tQok place while the earlier episode of At present, there is only one fast hijacking of an . Airbus to Lahore was train' i.e. Tinsukia Mail which coven still under investigation of C.B.1. the distance from New Delhi to Gauhati in more than 36 hours wbi In the South East Asian region, our is very tiresome and time consurniag. Bights aloDe seem to have become vulnerable to hijackers. The question is Gauhati being the nerve centre of that why could not the security be the sensitive North Eastern Region, it tightened further after the July, 1984 is all the more necessary that the incident. That the h ijackers boarded people of that region are not made . to tne plane at Chandigarh which is feel neglected in respect of rail com directly under the control of the para- munication. Therefore, I would request *Not recorded. " \ , . . I ~ tI .. 57 Malters under Rule 377 BHAD A $, 1t06 < ,+KA) alters und4r Rule 37 '7 5 ~ that a Rajdhani Express from New 15th AugUst, 1984 for which required Deihi to Oauhati may be introduced coaches were built and are assembled wit h limited stops on the pattern of and kept idle in the Kharagpur Railway Rajdbani Express from New Delhi to Yard for the last more than S months, Bombay and New Delhi to Calcutta. to ply the train at any moment. In absence of the train, the public in the This region being a far flung area, area have started agitation which could if this service is introduced, it would be stopped on the assurances of the help deployment of Civil and Service Railway authorities. Personnel in times of need and would also help general public to travel with In face of such circumstances, I comfort and shortest possible time. would requ st the Railway Min istry to kiddly take immediate necessary action I am sure that introduction of so that this Express Train may ply Rajdhani Service to Gauhati would go before th..; end of tbis month without a long way in bringing about the people fail, so as to fulfil the long cherished of the entire North Eastern Region lo demand of the users. the main stream of National life and tbus help p romote National Int egration (xxviii) Need for providing water for th which is tbe need of tbe hour. In the desert areas of Rajasthan in 7tll b eginning it can be a bi-weekly service Five Year Plan which might be g radually extended depending upon the track load factor. ">11 cyf;a ;1 ~'l (¢fT~if{) : ij'~n (xx ~ij) Need to start the proposed shuttle qfo ~Q:)~~, ~ncr Cfl) tcTff?f ~~ 38 expr('ss tra in between Kbaragpur ~T~ ~) ~ it; q ~;: ~ qT~ ~nd 8hadrak & EF r.n;:ft CflT e-4t2tT i,fiT 3f~T Cii.fi ij'1=1J:Q{ fit ~r'i 'i~T SHRI CHINTAMANI JENA (Ba1a sore) : Tbe S.E. Railway's admhisl 8" §arT ~ I tion had decided to ply one Ex r Train from Kharagpur to Bhadrak -ana ~w if ~f1ffC:Tr'l) ({c( qQ:T~T ~~T ~ vice versa in the month of Apr11, 1984~ Thi was announced by the Geaera ~ ~;r~lfnr lfTJf) ~ qr~ EF IfTitT coT Manager, S.B. Railway and the Chief ~q~zrr ~~ ;;~r ~~ ~ I ar~T 'if') «T+i)~. Minister, Orissa, in n pub1i6 m'eeting 'f)) 1 ~ t S f{ ' ~)1i1~\ CfiT f{'\') If hol d on 13..4.84 at Balasote, considm'.I. C'\ ing th0 genuine difficulties exper'enced by the us e rs~ iDce long. Due to persistont demands from the geDe t public as well as from the ,State tf~t~f1'ir ~,:{T it ~'(§ t?:ff;=rT if Government of Orissa, the S.B. Railwa; if~{q ~q;~ Q~ ~, q'{?~ arfCii.fifW auth0rities at the Zonal level and th Divisional level have assured in 'wdti tf{f;;T q liT~) CfTO:{T ti'T'\T ~ lfr orCf to ply the train in the month of July, lQC:O ~ f;jf«ij' «lftlff ~r fqTlJT f'i~rif 1984 for which tbe timings, stoppages and other details were decided in the ~1~) . ~ O'T~' , meeting of the informal Zonal Railway Consultative Commi: tee of the MPs 0 ~fiffQryft i~l EF t~C{ '\}\ifP.fT'l Orissa held at Bhubaneswar on 4.7.84 in presence of General M anager, C.O.P:S. 'f~"( G(',{c{:Tif ~ ~ it oTT~ ~ I tfiTFiT'iT and concemcd D. R. M. s. and o ther,s . But the train in que tion has not start fijf~ GfT~i:t{, ~ij~it'\l \if)Cl~\, Gf1'WTif'{ ed plying as yet. On personal discussion ,_~, ~. lf~ fCii f\if;; ~)lfT Cl)T f~~~f ~ ijfTf.T ~ ijfT'iT ~)a'r~, '3'i=~ liT\~T? iifCf!ITi{ arn-: fi{~~'l ~ fctl iti;:~ ~~ctlT~. ~Tiif" ~)cp\ \ifT;;T q-~ efT ~ I iii ~ liQ: 'i~ ~~~ ~'1Fr sn;:cr *~fq~crT iff Gl'T ~~'{, ~ff~· ~T~rr Gl'i=f i.lfT2rlTT O'T ij"\lT lfT~r ~Ta- 'en: ~~, GTTg~~, 'lFI1~, GfT~T~~I;:~ ~ci ij' fGf~' T ~)a- g~ ijf)~~ ~ :q~ \jfT~it qqT;:rrr~ fijf~l it qf~ iii ttT'lf iii PHij1 a¥H G""~ \;f)' 6 ~i 1iT ~ trlf ~¢'fT~ ~ ~ f~~ ~ I ~H¥:fTif if~~ iti f~qG ~ci 6'TaT ~, q~ iff Gf:tf ~~ifT I arrf~ Cii q~T ~ifT~ 6T~T ~TlJTur ~~ ;;lf~Tlf ~'!fT 1~e ~ ll"~ ~~~ ~Tei{ ~iTr;ft ~l iJT if qTf=JT q~:qT~ ar)'( «Taff q:qq~llf a¥:fT ~ij"i:t Cf1T~ 'CfTcT ~~ cpT 'T~T ~)~T I If)\if.1r if ~ij"* f~~ ~~T sHcrUT'l tiilfl~ Of), qT~ qFiI' ctlT «era- arfuCf) 3fCf: ~ =t~ If?lr \iff ij" ar'i~l~ * '" SrT'1fq~crT ~ , Cfi~' iTT ffi) ~)C:T «T ~TiJ"Cf ~ cr.,;r qT~f !iff ~~~ ~T~i=f, fi.lfB'CiiT ~~ ~ $Sf') ,!~~iC{ ~Tq r (qT~r) : «1fTqfcr (xxx) Nerd to set up the proposed Ferro Vanadium Plant at .Jharadi in ~~l~lT, ~!IT it fq'(§~ ~T crqlit ar~cp Mayurbhanj, Orissa during 1984-f S 'i~ ~~ ~T~ q~ ~ fi1fij"~ i.lf'lcrr lfl) SHRI MANMOHAN TUDU ~T\l q~:qT;;T ~ ar)'( ~«T aTTlffT CiiT "(~ .. (Mayurbhanj) : Sir, the Governruen t of India had a p roposal to set up a F erro 9l~ ~l) ~~~ ~T~;:r I q~ ij" fGf~T~ r 6' 'fi Vanadium Plant at Jha rad i near CiiT li~ 1983 it U~ ru 90fT I ~ir pi Rairangpur i. e., Mayurbhanj district, Orissa. This plan was rooted as many ifi an~n ~ q~.,~ ~~~ ~T~;; ~T~~ if as three decades ago. I, as a Member m:CfiT~ CfiT ~q~ 10. 97 ~\T' ~qlfT of Parliament from M ayurbhanj Con stituency has raised this i. su e several {i~ ~)~ Cf1T Of'!llTif ~lfTlfT lflfT ~ I times to know the steps t aken to « ~ Cf.T"( Cfi T lf~ Cl) ~?TT r", lf~ arrf~Cfl establish that Project. In the year, 1983 to one of my Unstarr d Ques ~ftsG ~ aqrrTlTT .,~1 ~)lfT, ofifl 'i~T " tions, the hon. Minist cr of Industry had ~ I tr~ ~ fiil~ &l?f ~ ~\if~lfr q~ assured that the plan t would be set up during 1983-84 financial year. But it is anfqCfl I 1ftsc ~ ~~T ~~T ~'f ~ ~'l" unforlunate tl1at the project has not O'T'1' q;ij~ lf~ &l~ q.~T Cii~cn ~ Of1~ been taken up so far. cnfurf\TlfCf) q;«~ q~T ~O'T ~ O''1T ~w Mayurbhanj district is abundant in ~ ctiTiJ-~T~ itit~~'), iifi"(T, ctiqm, fCf~- minerals and Rairangpur is a suitab le ~i{ anf~ q;ij'~ \ifrO'T ~ I U"\C!f Gfgef place for the location of the Ferro Vandarium Plant. All sort of infras aq\ifT~ ~ aIT\ ~« ~~ ~l"(~ *fctli{T~ tructur"l facilities are available in that fet1;;T~ '(9)~ 311"( if' arif(f.T Cfi t ~ ~ I ~« district at a cost comparatively much cheaper than other place in the country. q,T~~T, f"ll'~, ~6T~or, ;]~r~~"{T. ~cr- . If the plant is ebtabli hed, it can t f"{ liT, cn~fCfilfT I fcf'~TfGlIT fGfiS'1'T~T generate emp loy men opp~r tuni ties for the local youths. As the district is anR I industrially backward and it is situated 61 Matters under Rule 377 BHADRA ' •. 1906 (SAKA) Mall~'s und~, Ru/~ 377 62 in a tribal belt, the Ferro-Vandaniam ~l' tTl ~ I t~CfiT qf~O'JTtr l.f~ ~ fCfi Plant should be set up as early as possible. The local people are very :.f1f~1, iif.T~VT'lT OT"~ i~cf~liT it ~qi much ngitatcd due to the inordinate ~;r otq ~) iTl;fT ~ f delay in the establishment of plant. ~ , " lf~ if~ qfll:qqr ~~~ sr~w it I demand that the Ferro-Vanadium I t Plan t shou ld be et up at lharadi near ""~Cfi~ ~~T \iT q'~ "(~T ~ if~Cfi.QT R airangpur ill Mayurbhanj district : ~) fif\il'~ 't~T fq~ "(~T ~ I it~T ~~~ ,.: . during the 1984-85 financial year. ~~T<<< ar'!,\)f.T ~ fCfi q~ tqli ~ij' ,. J (xxxi) Need for having a code for blood ' irtlf~ it" ~tffeTq ~ arl( fifGf(:f'T ~ donation and need [for formulation CfiT trtTTt(f of blood policy ' iFq~TftliT Cfft ~~?rT(:f' Cfi~T~ 'fijfij' ~ Cf~t Cf,T 3Tra- ·U i~~) O'err SHRI C. CHINNASWAMY (Gobi ~)iT f.T;:S'T ~~ ilf~ ~ (xxxiii) Need to set up a higb power T.V. (xiii) to c nn~ct Poon~mallee itb Traosmitter Iat Pftf tb Hi . in A vodi by railway line Bibar SH'RI ERA ANBARASU (Chengal. pattu) : I understand that the Mad1'as Metropolitan Circular Railway Project t " S lp p(ogress. The R,aihyay Engineer. ~lqf(f ;r~)~lf, trt ir~ CFT fl 'tlf fCfl iijJ oijicials are preparing a detailed f~~T~ iF fi1f~~T~, ~GfT'ftarr'1' map. of the ,Project. I learn that the Circular Railway line is being laid frpm ~~1~ q"<.iTnT ~ 4 fl ~T cr.) .R~ . fCfCflT~ Tambaram through Annanagar to I\\::adi. Annanagar is mostly popula (f,Tlf'!filll ~ 5f1~\l it 5'tt~o WT. .\1fT~r ted .by rich people. Who are having ,elf-transport facility. Therefore, the ~, tr~, Cfi\<:UT ~ fet) it 6 f\if~ ..JI~ij' , . railway line through Annanagar wiIJ fq~ ~ I ~ el"'~ it Cfim~T. .. ili, qot be of much use to the poor and I i4ple91ass peop) e. I would, th refore. q'l-Bl:q-aT, GfjCf~l~~, ~T~q " '~ , ' like to suggest tbat, in lead of drawing ~l~)iTl~c anfe: CfT \TnT ~\jfTifT ~ I the railway line from Tambara m (thr.ough Annanagar to Avadi, th Rail. Cfi,\ff lf~t ~lT~ R5 ~ r~ ~)lT f~q ffl' I way lioe can be drawn from Tambaram ~ I 'Ff it ~ f"{Gf", 3fTfe:GfHft ~::i ~~;;r)'\ to Poonamallee apd may be connected ( to .J\vadi. qiTTlf ~)iTT GfiT \if;niijliT ~lT'iflT 75 srfCl!ITCf ~ I ;r\1f~ "{T cr.T \TnT: ij1gl:TT ~ I C\ Poonamallee is a big town consist. ing of 3bout two lakhs of people be· G"{G:wrr ~;:~T GfiT f?:nq;:n 1i it f\if~ sides the floting population of about ... 50,000. Poonamallee is situated in ~~T Cj;[ iT fer.;:~ aT'lT crill Cfl~T pnq-O:H the industrial belt of Avadi and, tbere fore, most of the industri al workers ~T Cf.l~ ~r l ~tTl~c '1 ~1 ~ I 3Hq \if~crT who are working in different factories it "n ~') 31~ ~l q q-'lCf "{~T ~ I at Avadi, Ambattur and Villivakknm are residing at Poonamallee. The bus traffic is very much conge <; ted at Poon - 1l"{T ~~Ff ~ fCfi f~~T\ CfiT iifT ~Gf mallee and the pub1!c are facing a Jot ~ ~ '~T qch=r Cfl"{~FTT"f ~ ~~ ctiT ~'~T~ of inconvenience, especially du ri ng peak hours. 48.29 G1Tc ~ 31'T,\ f~~ Cf"{ 'if~if ~ Cf'1-fCf\lTiTTli f~~ qrif \TT~, ~q - cr"{ , There was already a propos' 1 to ~Gfi l1IfCfa!lTl~)' ~t~;f)G\ iif) 125 fCfi~) connect Poonamallee to Avadi by qTc '\"[.T qf\fEI i:f ~ ~ Matters unaer Rule 3'7 . BHADRi\· 5, 1906 (SAKA) Matte,.s und~r Rule 377 ~(; (T MR. CHA1 RMAN : The House will I' MR. I CHAIRMAN: Don't argue now take ' up the next item~Wakf' with me. Please ask tbe Speaker. (Amendment) Bill. . . ' . ,. . This dues not fall in her:e at all. ( SHRI SATYASADH N CHAKRA '. . ~ ORTY (Calcutta Soulh): This '18 a SHRI ':CHANDRAnr YAD V : very important thing which has appea- I want to know the decision of the red ...... * Speaker."·1 I . ' . " I MR. CHAfRMAN : . It will not go . How is it 1 The BAC .agreed ~d) on record'. . .. (Interruptions) I hav it was put on ·the agenda and it is not ju t answered. You please sit down. I l'hae DOW. How;. it has dis ppeare understand and everybo(Jy k()ows all that. from the ageDda;-~t . lea$t let me knoW' Why rub this thing? I have to carry ,nis. ... I . ha 'ie-I ~ a right to know be cause to-d y 1 came only for this pur- on my duty ~ccording to the agenda J that I have got before me. Everything po e. Ila'i its own place. Kindly sit down. MR. CHAIRMAN: On the 23rd SHRI SATYASADHAN CHAKRA it was brought up and In the agenda it B RTY: With your permi sion. I have came up. Then after that, it had been. raised it. considered and what answer it is to .be is n~ t for me now. Now t his is the: MR. CHAIRMAN: Let us undor ~g (' nda . stand each other well enough. . SHRI CHANDRAJIT YAD V : SHRI CHANDRAHT Y ADA V Considered by whom? (Azamgarh): I rile on a point of order. MR: CHAIRMAN Considered b~ the committee and the Speaker . • MR. CHAIRMAN: What is the point of order? SHRI CHANDR.<\JIT YADA V :. Once it was printed in tho agenda auet SHRI CHANDRAJIT YADAV : the discussion was to take place on tho Discus~ion on the Seventh Five Year 24th. Then the Minister came out Plan was once printed on the agenda with the statement that because of the Bod the Business Advisory Committee Constitutional Amendment Bilts, they has agreed that there will bo a discussion have to delay it. 24th was the last· on the approach paper to the Seventh day. I find this morning all of a . Five Year Plan .... sudden it is not on the agenda. I want to know why this important discussion. • on the 7th Five Year Plan has been. MR. CHAIRMAN: This question 'Was already raised and disposed of. shut out. Nothing more now. ... Not at this stage. MR. CHAIRMAN As far as :r know, the Speaker has already dealt SHRI CHANDRAJIT YADAV with this question and the record can. Let me know the decision. be checked up. MR. CHAIRMAN: The Speaker SHRI CHANDRAJIT YADAV: has already disposed of this question. What is the record 'I SHRI CHANDRAJIT YADA V : , MR. CHAIRMAN : You cannot In M'hat manner was i~ disposed of 1, au me the off the cuff. *Not recorded. 'eH A· MR. fWR A : It bat ftor rye ftKmatioq, tb~ Oftl. \Vit~ ~ t c ~pcabr. Business Advisory Committee meeting was not -call d. ~ec' io a laken SHRI CHANDRAJIT YADAV : by the Speaker. Time was allotted Did tbe Speaker ' ay there wiU DO to vario item y t c: S caker. discussion on the Seventh Five ¥ Plan 1 MR. CHAIR MAN I bap: your point.' ••. Listcn to me. This MR. CHAIRMAN: Whatever quc;tion cannot be raise t the it is, the Spe ker b"s already dealt with moment. It has cc de. t with b, it. Offha d I will Dot be able to Ii the Speaker. I cannot , ow t Ice it, a reply. off the cuff and on the spur of the Untt rrupt[on3) moment I cannot take it U'P. Let us understand each other. SHRI CHANDRAliT YADAV : Sir from the first day tbis Se sion st rted SHRI CHANDRAJIT Y ADA V : it W;lS decid ~ d to t ke up fivc ubject Not a que tioa of anything at the and Seventh Five Year Plan was onc spur of the moment. The Sooretary of dlem. On the Floor of the House General who is stiuing here rcan inf rm Speaker mentioned these five subjects. YLJl how it has happened. He j,s al 0 He also said every week one discu sio there at the BAC. He ba been tbere will take place. , Later on it was prin and he can inform you. The BAC ted on the agenda. The date was fixed did not revise its d.!cision. How this and we were supposed to discuss. bas happened-let the HOIHe know. ' .• Government came with the requec;t that important Bills had to be P dS ed and (Interrupt ions,) we agreed to that. ReaJIy speaking today I came onty wilh a view thaI MR. CHAIRMAN : Only one there will be discussion on the Seventh Minute-l have got your point. I Five Year PI:.n. otherwise I might not would ndvi e you-see tbe record and have come. When I ee the agenda if you find any lacuna, then this ques it is not there. I want to know how tion can be raised, n t otherwise. You this decision has been changed. Wh:lt can check the record and then say. is the Speaker's decision ? I have every right to know. SHRI CHANDRAnT YADAV No question of record. It is a ques MR. CHAIRMAN: What I have tion of th Business Advisory Commi leJ rnt i t hat the question bas already ttee which took a d ~ cision a:1d that been deCllt with by the Speaker and was on the agenda and it fo"m cd part you cannot open it now. You may of tb agenda. N w I want to ~now check the record if you wish to. who can change the decision once it is After th t if you want to raise tho the prop ... rly of t he House. question certainly with the Spc:l ker you can do. Therefore, I have every right to (Interruptions) know what is the situltion. SHRI CHANDRAJIr YADAV; Will the Speaker come today 1 MR. CHAIRMAN: This matter was raised and it was dil)Posed of. It c n MR. CHAIRMAN: Speaker is not be raised time and again. Sorry. never Jost. He is, always there. I have already answered what I can. SHRI CHANDRAJIT YADA V : Let the HOQ~e know whlt is the deci SHRI SATYASADHAN CHAKRA sion of the Speaker. (Interruptions) BORTY : Sir, you cannot disposo 9 377 BHA A 5" . 9 (~) 7 1 "AQ' (AMENDMENT) BILl, l$ MlNISB~ OP LAW, JUS TICa Al-lD COMPANY AFF.t\IRS (SHJlI JAGAN ~ TH KAQSHAL): I bea tQ moy-e.·· "T t t BHI (urtber t e the Wakf Act, 1954, passed bJ Rajya Sabba, be taken into consi der~tjonu. 12.44 hrs. Sir. t Wakf Act, 1954, wbich was en cted to ~rovid' ~ for the be\ter admini tration and supervision of {MR.. DEPUTY SPE KER in th. wak~ w slnepded thrice and Cha;;) wlliLe tbe Wakf Aillendment BiIJ~ 1969 was p ding before tbe Rajya Mr. Deputy Speaker, Sir, I hope Sabba, a demand w s made for the 'YOU understand it very well. It was appointment of a Committee to exa -decided upon ... mine wh t changes, if any, are requi red to be made in tbe Act in orcier to. MR. DEPUTY SPEAKER: Were enSure better admini tration and super -you here When the Speaker was presi. vi ion of Wakfs. In pursuance of the ,ding over the House 1 What was it said demand. a Committee known that the Speaker said ? the Wakf Inquiry Committee, was appointed by the Central Governmen.t SHRISATYASADHAN CHAKRA. and that committee submitted an interim tJORTY: That does not satisfy me. report in November, 1973 and its final report in February, 1976. Both MR. DEPUTY SPEAKER: You the reports submitted by the Commi -cannot question the ruling or the deci ttee have been laid on the Table of sion of the Speaker. I cannot allow both the Houses of Parliament and £e-opeoing of the issue. Now, Mr. were also forwarded to the State Kaushal ... Governmenl's State Wakf Boards and c entral Wakf Council for their SHRI CHANDRAJIT YADA V comments. On such questions it is not a ru ling. (I"terruptiom) MR. DEPUTY-SPEAKER: Whe .. ther it is the fuling or observation, it SHRI RAM VILAS PAS WAN has a]ready been decided. You are (Hazipur): Sir, there is no quorum .all exp~rienced hon. M .. mbers from in the House .. whom I want to learn. Therefore, I request you not to reopen the mlttcr. AN HON.' MEMBER: There i (Interruptions) quorum in the House. MR. DEPUTY SPEAKBR Now, MR. DEPUTY. SPEAKER : There Mr. Jagan Nath Kaushal to move the i. quorum in the House. Tho Mini - Bill. ter may continue his speacb. ·"Moved with recom endatioD Qf the President. ; SHRI JAGAN NATH KJ\USat\L ... : , (Hi) , prosecution dr p nisbment 0 T&e f( port of the Wakf Inquiry pa t mutawnJ1i "for their past ommittee was coo$idered by he Ceo- ,. • • I , ", I t 'f misdeeds because such action tral akf Council, the' State Govern- wOllld . . be violative of ,tbe pro- ments an4 the Sta te wakf .Bo ar d~ ~~ ~lso vi ion of clause (1) of Arti- ' bj tbe AH-India AW9af Confer ':lce und ~r " cl 20 of , the Constitut on; , , tbe, au :pices "of ' tile J amalt- uHlma~i'; " Hind~ and the Mmorities Commis ion. , ~ • (iv)' payment of salaries and ~ ]J ow- I My predeces or in office lrad also dis II 'ances and ' other remun rat 100..: ussed the recommendations of the of the sl<,ff of t he State W ki f a - Inquiry Commihttc with the; Mus. Boards, ill the first instance,_ limlMembers of Parliament. '", r JC: from the C nsolidated , FundI"...... of the State becaUSe no p rovi- " As result of these discussions, i'he sion for appropriation fro ffiJ ll'ec~m~end" CI qops ma,de ,by . ~~ese , ?rga~i- Consolidated fund of a St.tte " ations 8ncl' the' Members of ParlIament can be made by Parliament; indicated the absence of unanimity with ngard 'to any recommendation and also (v). inclusion of a provision to the- it was found that the d ifferent ' shades effect that (ny acquisition 0 ' -of opinion were, at times, diametri property shall be void if the' ca1Jy opposed eve~ on the basic scheme " " object or the effect , of uch, to ensure the objectives of better admi acquisition involves physical nistration of Wakf~. ' Having failed in des truction of any mosque, our effort to have a con en us or dargah or imambar~ because unity of approach in processing the the matter is being regulat issues with a view to evolving a for by the administrative orders. mula to harmonise and reconcile the issued by the concerned Minis different approaches not only on the tries; basis of the reports of the Wakf Inquiry Committee but also taking into account (vi) The proposal that a prOVISI [); tbe views of the St a ndin~ Committee Should be made to the effect an4 the Sub-Committee of t be Central that there should be no perioct akf Council. the AJl · Indi~ Awqaf of limitation for the institll Conference, tho Members of Parlia tion of any legal proceeding ment the Minorities Commission and for the recovery of possession of the representative organisations and of any 'immovable property individuals, the only course left to the belonging to a Wakf. Government was to introduce a Bill on tbe ba is of tbe reports of the Wakf The recommendation of the Wakf" Inquiry Committee, and thereby to Inquiry Committee to tbe effect that lace all the proposals before Parlia the Wakf Commissioner shall be the ment to enable it to tctke a final view ex-officio Chairman of the Wakf Board in relation to t he Conflicting opinions. is also not being accepted It has been provided in the Bill that the Wakf" The Government could not, how Commissioner shall be the ex-officio ever, accept the recommendation of Member-Secretary of the State Wakf the Wakf Inquiry Committee with Board and that the members thereof' regard to certain matters, namely :- shall elect one of them, other than Wakf Commissioner, as the Chairman (i) abolition of the Central Wakf thereof. Council ; There was a difference of opinion as to whether the State Wakf Board' (ii) . eQ]argement of the definition should consist of el ected members- of the expression 'fperson inte only or nominated members only. ,. rested in the Wakf; In the Bill, an attempt has been, \ ". ~ ...... ~ , . .,. .. B ADRA' S I 190' (SAKA) ·Wak!(Am"d.) Bill .. 7. II .. It I ~ r. ' • ... It '" ade' to reconcile- · these two extre me .:. O'"{~ ~ ' ~ ~tt~ 6 ~ ff~ , ~ ~, "Views by providiog that the Board hall con ist of partly elected members and ifl ~rq ~ C:T~l1 ~VT ~ I ~ fCfl« ~~ rpartly nominated .members: It bas, qTitfGf~ ~) ~Cfl~T ~ I .. therefore, been pTl()v arr~ ~) Ofr~c~ ~~ tr~ ~, \jTf it PROF. ' AJIT KUMAR MBHT q;tfi l'{"\ ~T oct ~ ~@' tIlt ~, tfi j:ft~') (Samastipur): There is no quorum in th e House. , CfiT~or ij" fGf~ q~ 3 'F.j~ ~ tflt ~, CfiTQr ~T~C: far~ q~ 2 'i~ "{~ trlt ~, ~i"fllf~ MR. DEPUTY SPEAKER: There is quorum. I have counted them. ~fC:q f~01!"Hl f«r~ q~ q;T~ ~:rlf i f.,mf~Cf .,~l ftfi~T iTllT ~, fij"fq ~ ~ SHRI RAM VILAS PASWA : cn~ fG1~ Q~ 2 'CfcT ~{ir tIlll ~, qi1frGf No quorum,' no decorum. :. ~ GTT=t if ~) fGf~ t 'iiHr$ f~~ e:r 'CfcT MR. DEPUTY SPEAKER If "{ {Sfi" iTlfT ~, o:~ «» an~ e ij"T 0 iF ij";q-i& this is the attitude of the Members .. :ij GT~ f.i~ ~ij- iTlr ~, 3lT~ ~llfrt~ wl).at can I do? This Walef Bill is all important one. It has already boom , ~qTC:~ ~T\jfif fGf~ Q~ Cfl1~ ij"1{11 Cfrn- , I passed by the Rajya sabha. It is witli - if~l ~VT iTllT ~ I ~ij" CJ,{~ ij' ~~ 17 f regard to the minorities in our country.. .,~ Let not people say that the mlDoriti . .~ aToa- t m~ if 1 il~ ,"(~T ~ I ~« question was not discussed properl, i , AUGUST 21, 1984 , • House. I would make aD appeal takes some time (or 10 to • d tu me. Mr. Hos& in, please speak. Please SHRI CHAND 'AliT Y ADA V : don't record whatever otbers say. After discussi I it, )'0 must inform,. the House. (/uterrU},lions)* MR. DEPUTY SPEAKER MR. DEPUTY SPEAKER : len have said it, and the Speaker also· YOU, Mr. Hossain, to speak. Other knows it. Are we not interested in. people should take there seats. some of the Bills t at have beeD listed 1" SHRI N. K. SHEJWALKAR (Gwa. liar) : Sir, it is very strange that you SHRI ATAL BfHARI VAJPAYEE = are not listening to what others say. Let not that impression be created . . Your remark has created an impression that we are Dot interested in some of MR. DEPUTY SPEAKER: Mr. t he Bil1s. (Interruptions) Shejwalker, I have said that the Chair has noted. What reason do you want me to give now ? Please tell me; ~1 ~1lf fq\'lT" q T "~1'if' : ~~ f~qli please guide me what to do. All others it ~'l fGf~T ~ f~~ 1 7 'Ef~ cT~+r ar~'c; may please sit. fCfilfT ~aTT ~ I it 17 rci~ MR. DEPUTY SPEAKER; That MR. DEPUTY SPEAKER : Cer is what I said. I said: the Chair has tain things we cannot decide here it Doted tho views you have expressed. self. I will meet the Speaker and I will speak to the Speaker. definitely convey your feelings to him. We will discuss whether it would be SHRI RAM VIrAS PASW AN humanly possible. (Interruptions) I This is the time allotted by the Chs,ir. have already told you: the Chair has notedwhat you have said earlier. THB MINISTER QP P ARLIA- MENTARY AFFAIRS" SPORTS AND ~ SHRI SATYASADHAN CHAKRA WORKS AND HOUSING (SHRI ORTY: Now you' are perfectly all BUTA SINGH): As yo are aware,. right. the report of the Business Advisory Committee was presented to this House MR.. DEPUTY SpeAKBR It on the 17th, which means about 8 J Zt at recorded. 17 Wakl (Amnd.) Bill , BHADRA S, 1906 (SAKA) Wakl(Amnd.) Bill 78 or 9 days back. At th'lt time, this SHRI N. K. SHEJWALKAR : e allotted by the B C. In Please resp.ct t de' ion of t e BAC. tbe meantime hon. Members aDd espe How can you say that it is not relevant. cially the {eader of ihe Opposition (Interruptions.) - are equaUy aware that as again t the time allotted to various is ues-I do MR. DEPUTY SPEAKER Mo- Dot say that those i su~s should Dot tion moved: have been brought-whereas the time Hotted was 3 hours, the time taken trThat the Bill further to amend was seven hours, and the time allotted tho Wakf Act, 1954, as passed another case wa 4 hours, whereas in by Rojya Sabha, be taken int the time taken was more tb n 8 hours. onsidera-t ion." We have' spent so mu"h timo on those very issues-where we had allotted Shree Syed Masuda! Hossain.. two hours, we took 4 hours; and where we had allotted 4 hours, we h.lve taken more than 7 or 8 hours. P..ll "lf~ t:f!!~~ ~«;r (~f!lT~ qT~) : f6"ccft ~rftq1~ e'T ~~, it ~e' f~ "fiT 13.00 brs. fCf"fTa- ~~ ~~T ~ I li~T q~~T tCfT~?: lf~ N ,lt u rally, the cumu' tive efr~ct ~ fen ~~c CfiT iifT Cf~q; sr rtTC:T ~ I ~~1lr *iH be 00 the b:J ine . S, W~ hev" &Tcn--ar. ~ ~'T\crT~, ' ~sf~frr~~w~ fixed for tod 1Y' list of bu incHs all the tim" which the h n. M ;:;mber h s repor ~~~ ~T ~TrrT :qlf~tt I OfTer \ifT ~li (Sf";:rr ted; this wd.~ fix ... d by the B C a~co .- d ~g ~ 1 ~u q '*1T \iQ'T~T ij- \ilfr~T it~~ ing to the schedul, drawn \) d lYS f~c ~ ~ ~, ftfi ~ ~T QfPf ~ ~~~ ~Cf~ back. N0W, todly being th! final day. it is for the whole H J U i ... to consider ~ arffqff !if.,T "{~ ~ I ~~ ttCfc ~liJ. Q:l;r whether the busines which W.l appro ~ ~T~ cf~C: ~rrT~ CiiT CfCftfi ~'fC ~~ij" ved by the BAC is to b~ seen through. We are prepared to sit late at night. ~T iifT cH ~ I itn Cfi~ ;rr z:r~ 6 f-fi ~' tJ ~~~ Cfct'l) ~Cfc ij- ~llnT " ~ f~~ ij-lfT"{ ~? ~iif~ il'itq) a · \3'«if i'-e-i.. ~c:uq;li~« ~Tm I trft"'l( 'tfJ~ ~ii tfn:w;f ~, ~~ tf~ ar,-q arq~ crT CfWakf means the permanent ~\TGTar I ~ Yf Gf;r G'fr~ I atTtT~« Gflt ~edication by a persop professing il trTf=tf~ ·ar'<: ~i 3fif~ ~ c: CfiT ~C:T;r Cfil J lam of any moveable or immove. a ble property for the purpose, etc." CfiTfww ~lf;jf~ I «ifllFf -6 Cfi) 3frer ~f~ I If any question arises whether a p :lfti cular property specified (is wakf pro perty in a list of wakfs published u nd~ r In the opening portion, after the wurds section 5 as wakf pr perty a not or t 'profc~siDg Islam" # the wo:ds If or any \\Ihether a wa kf specified in ~ uch a Ii t other oerson shall be in erted." "Or is Shia wakf or a Sunni wakf, ... "etc., .any other person" etc. ~~il \ill ~~-l_!ff\9';:r ~, ~ \IT ~e~ CfifJfll.,\ trT ~ if f~tir :jf 'i tfiT j \if) I ef?T atCf~cr cFfttl Cfi<: tr'f.a- ~ I ~UCfiT li~ 3iTQC:T it lllf~ :p ~l if, ~ GlT !:llfc~~T 8TTcr~ ~~ fCf.~T ~, qQ: \1fT +ft~T QT, ~ Q 3TTcr~ ~~lT Cf. ~ f~lI'T I it if;:rT.,r =tfT~CfT ~ I ~ff 3T~ "Si:t G it q ~r ;rill ~ : HO r and from the commence men t "Provid -d that in the case of a of the wakf (Amendment) Act. dedrcat ion by a person not profes 1984, in a St ate, DO suit or other sing Islam the waif shall be void if, legal proceeding shal l be imtituted on the dec, th of such l)cIS Jn~ any or commenced in a civil court in (' bjecl ' on to such ded ica t ion is thert State in relation to any ques rai ed by one 01 more of his legal tion referred to in sub-section (1 )." r prr entative ." fllf9~ 9iT~ if :cf~\if Cfn}t 'liT ;:r1liT :~ lf~ ~~;n :qT~~ T ~ f~ arfllCFT ti~lT ~T ifll'T' CfiT~ 3Tif<: Cf.~ f'li iT~T .nliff i'flU ~ ? f:rrf cf f ~~ ~(!=ttC: ~T SfT qc:r ;;@ ~ ~1\ ~ij' -tiT ~To-qto~) \jffJT;; tr')f~'T R \j11r~T ~ \3"'f • unisha bJe with impri.son~eot for a (e) hks failed to pay" ithout erm which may extend to six months reasbnable excuse, for two · and a]80 with fine Jich may extend to consecutive years, the contribu · ve thousand rupees. ~ . tion payable by him . under section 46. ~if ~)i · ~li sr)qTijf~« ~@' ql:t~, rCfi tnfif \3f) Cfi)~ q~q; sr1'1C:T ctlT f'fij' ;r~ 'iff ~) ij"CfiCfT 1 ~~ ~)'lT :;rTf~t:{, cr~ ~sr)fsr~ Cfi~;r CfiT ~l~T ~)q T, \if··t'Cfi;:~T. --;J~1 ~T ij'tficH, ll~ ~)'iT :qrf~~ I ~«ij' CfiT .ftTT , \3'ij'Cfi1' ~~~ arrG ~ ~h~~ q C{q; tt~c it 5I'TqQFf ;~wr 'f~1 ~JfT ~crq~:wrTfWq {Sfc';r ;jfi't;r ctlT ~T~cTT '-1'T ·'H fCfl arlT"{ CfiT~ ~~q~~r Cf. ;~T ~~!lT 'l , 3TGf arTq' \1ij"Cf)T iifT I ~Tf1m cy;jf\jflt ar"~~« SI)qTiir;:r Cli) '~m£t I ' ~~ffl &) lrT;r WT q~ C( cftt- ' " iit*~ SJ)q-af .n I ~q ~ f9 ~~Cf~~ 51"" itT ~ ill, ~ij'Cfi) f'{f~tO fq~1'T ' SlNif ~) ttf arl(' 'tT JrPf it ~Cfq; arTi :qrf~~ I cpT "f~iif~ ar)~ Cf.~rrT~ ~Gf ~nr~T ~ " lfr;r~Tlr ~~in: aT~+r~ · it ~~ - ~n ~ ~ I il=t tfHr ~~ q 'Jf ~ iif) f"ll ~f~lfTurT ~ q~q) f11fif~n it 7:f'€[t ~~sr 8Til~qc: f~lf 6 f\if;:r~) ~~ ~~T ~ ~it if '.;fT ~~Tif .,.arT 61'TiifT~, f~c€t flff.,· ~{ sr1qGT ~ ant it ij'ma"" ~ ~~ ~CfG · if Cfi)f ~fefq)'fi Sl1qT~ if ~) ~ • ~c~ arTtO ~T ~l1S Gfffe(1 CfiT f~~T 'IT, ~fCfi'i ~~G ai~T~ q ~q) ~CfC ~ij'CliT fiifij'tifiT it lrgr , tt~T Cf)lc if ~ Cfi~.,T it Sl1C1Tiiftf ~: ;qr~aT 1 ~ff.ii ~ij'it f(i~T ~ fifl .... q~t ~') ljf~~Jf q-1!~JlTii ~ ~T~ ~ Gf r~\ HIn the case of any wakf, of ij I 8TTq' =fiT «;~~ qCf'l) cr)i' 'If ~r which there is no mutawalli" Qr where the mutawalli is not available,... $l'Tq-~ ~ij'~) f~ Cf,cn: lF~ q)T rrTfTffJlT or the mutawall i appointed under 'ilT ? ant:rt:) ~rr Cf)~ ~!ITT ~)~T ~ f c any deed or instrument is not a citizen of India, or the mutawalli Gt~T~ it ~T24~T GflT ~~~T~ if, iif~t is, in the opinion of the Board, not qT~1llR' if; GfT~ ij- ~~ "11T .,QTiif Gf;:~ capable of acting .iS such, or where there appears to the Board to b ~ ~) ~~ ~T, ~ifnT ~~c tf) iG' trC{;lije: "' an impediment to the apPJiotmeot. of1~ ~ Gf l ~ 1979 ij' ~1frU f~ etiT of mutawalli, (he Board may appoint for such p'eriod as it thinks . 'il1Tiif :qT~ g~ I ar lf~ qCf'li 3T"t~ JJ arT i fit a£persoo to act as mutawalIi. tn:Cfi r~ eft rrr'fq;;~) aT Cfi)~ Cf.TB" ;;~1 Gf'1 ~Cf)crT I ~t, ar ~~ ~:q ~ f1i lj'Cf~C1T 01~ ~ tnfCf1Hrr., :q~T r,trT, aT +rffiif~ a): - . ~Cf!1T;; , 55 (~) it arTq~ t:t"fi 't§TeT ;;~1 if~ I ij'T sr1CfTiif'i fCfrlrT ~ fep Gf) sr1qG'T Q:~~T~ rf g_T ~ qCftO GfT~ ij ~tr~ GTll: SHRI GULSHER "AHMED (Satoa): But your amendment is regarding:' it CfiT{ '1t if;ij' rr~T ~TifT I lr~T q«;nr evacuee property, oot for this. qCftrqTf\~ij' ~ ijf~t Gf ~ ;; t;§TcT -'i§TcT S!oTT a~q q~~~ p::r: ~ fc sr)creT ~I 1, 2, GfT~T ~n:rTrr ~ ' ;jff\if~ *{i af~ \1 ~Cf~ if ~,.::ft~;r ~ D:trr Cfi)~ iti ~T v.r tffciT~!1T'1 CfiT qtrT ~~ ij- ~~a 5f"qT~f={ «~~~ q Cf'l) ~Cfe- it rr ~T ~ \ifr ' ~ ~trf~~ q~ itrr \) ~ rr ~'T Cfl{a- ~ I fCfi ~) 'iT :q f~~ I ~a~~C1T qTf:f)Hn~ it' if~~ ij"T 'tffT \;PT~ ~ i5f~t qiftO ar1i i1fp:r lrT i5f~e:111 it ijfTtr, l1ft Jf~ a-r ~ GfT=t it !u \ifT~CfiT~T rr~1 6: ~tff~C{ "' ~T ;r{ I Jff~:)f~ cr) q~1 ~ I ' ~t : ~~ ' Q:'lT.)~ ;; ~T Cfi~a- ~ I aT ~ . ~ Sl1 qC;T ~~q~ffi' ~ fiifr~ iif~F~tf it :JfT'fT ar~~ Cfir~ ~6'cr(Y~T ~:q ~ I ~T c;:~ru :qTf~~ I ~t;§ ~aqf~C1t1T ~ f(Wl~ qCfq}; Cfi)~ ~i~r ~~ ~ ar q~ sr1qcT ;r~1 sr1qGT ~Cfi a'l'f.T f~~~ij' ~) rrlfT ~ I if:qrm- \;fT , ~Cfiar ~ I ~ iH~T iifT ij- ~lfT fEf) q~~ ~ij'T 'IT itrT ~tSR i\' ~~T. l6 ;:r.rlf, 'l. G{t 'lffft'l ~a- ~ ". ~ ., . Wokl (Amnd.,> Bill aHADRA S. 1906 ($AXA) . Wo",(A17UId.) Bill . ~ "" ~ ~ : ant{ ~~ CfiT fCf't)a- ;r~T en: ~Q:T ~ I ~f~ ~T'f ~f'r '{ 'If • -~ In_Pi ~"'" "(ar\if1f'{) : aJTtf aF,~T Cfl) q"r"a- ? f\if~Wif Cfif ~)CfTijfif ~)"T ~Tf~ I, ~ ~To ~T 0 tto ~~\i fcrif S ;fo1~, ~ ~~ ,,~~(:1' P": aTTtf llT;r~ Cfl\1T c[Tftr~ ifQT an~m I srrtf2:1 CTTq'ij' ~ ? ~ff g~ arlT\' ~~c ~) \ifT~, fq)gr~ ~ i$fTit eft ~~~ ~rt it arrrl ~T~ f - q\ifT~ a:r"~ ~f~lfTOTT qCfq) SfTt{ZT ~ ~Q q~ ~: aTTeR Cf,~T ifT~ it t:tEf) ~lcT-~T ~~Tq ~ I q~j qt • Gl"gCf-ij'T q'iq) SfrqC:T ~ I q~t ~ ljij'~- feti ~ ar~~T CfiT ~r;roT ~ I ~T'l ~c TftJ: I ~iiTn:T l2'f~~TflT ~'f it·u ~~'1T lT~ ~ fCfl «~llf;f 4 0 it ~TifT~T ~)TfT lfT ;;~l ~)lfT, lf~ if~Cf \;fT sr1ClTi3fii , ~tfiT ttij'T sr1cftGf;r q~T ffcrT~ ~ I ~;r \3"ij' q"\ ~r€f \TT CfUTfCf) CfiT qqq) Cfilfijf~ l_!CfCf~~T B' Cf))~ ;:r~T I ~fCf. ii ~ij' srTq-~1 'liT !:fTq'~ Ef)l:q: cn~~ ;:r~1 ~ I ~Wij' if~~ ~r~ if ar AT :q'1 t~ t:t I ll~ wrr ~, ~~ ~~T q'ClT ~ ~T, fc - q;:;rTiif Cf~ fij'qi ~or~ ~ Cfi'{ ~, q~ t:t~ ~6fq) qri EF ~T?1 it ~if\Trr 2 5 Cfi~)~ ~~tt ~T ;;~T ~ I ~r:P:rr tt«T ~ 1 lf~ ~q'lfT d~~ qe} f~f41@l1T" ~ ~T=t if arrq'Cf;T Cflfr ar)i ~ ~T?f it 3fT'lr :q'Tf~tJ: I q1cr~~;r atltS'~c ~ ? 30 ~3Ta crt f~ffl c ~ I it ljCfTfif~ lT~ ~~c qCfq;' iiTri Cfi) ~'lT ~ij'~T fq"Ua- ;;~l CfiTa T ~ I . :qTf~~ I t.tf '!~~~ ~~q. ; it~:r ~sllc ~ iiffT;;yt~ lfim~ : It ~~ ~ r ~q f~lfT gOTT ~ I ~ fii arl q'CfiT lf~ ~;:q)Tq~rf ij'~T "QT- ~I ISIt dtl~ q~~~ ~~,,: ~f~if l2~ ~~ ~ fiifi qCfq) c(r sr1QcT B' \i tliree or four rec~mmendatl~ns. this Bill is based on tbe recommendations , of tbe W~kr Inquiry Comm'ittee_ =1f~ I ~f~ «~\"I' ~Cfq; iJTi it 01lT~ q~ .. ~T arr ~T~ ~,.~ cr~ q.~T ar)i lilT ~ ~ The Government has taken extra =a) \if~T -~~t ~Cfq; ~rrqc1 ~, ar~rit precautions, because tbe Wakf Act as \;« going to atrect the minority community. "$ ft¥t"tt Cf~ ar)i OTtRT Cflr~ Cfl'{ ij'EticH That is why th.: long period was taken. From 1976 upto fblstime this matter was left to be discussed throughly so that the Wakf Act is passed after ~~~ ~;:i1T~ CfiT?ft fet) CfCftO fGf~ having' unanimity among the Muslims. ) ~iiJl 31:;;~T fGf~ ~)tTT, ~f~;; ~~lf ~ij' Sir, most of the provisions of thi - ~TqTiif;; ~i[ rr~ ~ fiif~~ lf~ CllT1.~ ...... Bill are wonderful and more or less all fe~ {?"fe~ CfiT ~ff.i ln\ ar., rrlTT ~ I the objects and pu rpore for which the Committee was constituted will be ful .~~f~~ ~ ~« f~~ Cl1T fCf"{la- Cl1~Cfr ~ I filled if this Bill is passed. ~ SHRI GULSHER AHMED (Satna) : Now, Sir, after my amendment about Mr. Deputy-Speaker, Sir, at the very limitation is accepted, only four or ut et J mu t congratulate my friend, five recommendations of the Wakf 1he Law Minister for bringing this Bill. Inquiry Committee will be left to be bad lost all hopes day before ye ter implemented. day ' wondering whether this Bill will come before this House, but due to his fforts and his Dt!partment's efforts One recommendation is about the this Bill has COme before the Lok Sabh~ abolition of Wakf Council. About this today. Today, being the last d-iY, if this issue generally all the Committees and :Bill would not have come. I do n~t other persons aDd indiviudals who have . now what would have happened, been consulted have unanimously saie though it was passed by the Rajya that this Council should not be aboli- abha. hed. I think keeping in viow the opinion of different com.mittees and Sir, for the last fourteen years, the individuals the Government has Dot ,Muslims of this country were talking accepted this recommendation of the about the problem of Wakf p ,-operties, Wakf Inquiry Committee. ince the Wakf Inquiry Committee, was -con. tituted in the yeat' 1970, It was One very important recommendation 'Presided over by Mr. Syed, Ahmed. of the Wakf Inquiry Committee is that MP. There were two other Members jf any Mutawalli, in the past, has on the Committee. The Committee gave committed any offence of misarpropri -its interim report in November 1973 ation or t'mbezzlement, be could be a nd the final report in April 1976. punished.' That recommendation has not Afrer 1976, this R port of the Wakf been accepted by tile Government. .Inquiry Committee, as the hon. Minis ter has told this H ouse, had been And tbey have given a very good -examined by tbe Central Wak( Council reason that according to the philosophy by the Minorities Commission, by th~ of criminal law this kind of provision !.Chairmen of tb" Wakf Boards ·of difft! - cannot be made and I think. it is quite ent States and other organisations. As justified that they hav_e not accepted ~he hon. Minister has inform d ou every this recommendation o( tho Wakf Issue there was difference of opinion. Inquiry Committee. 0" it was left with no alternative except to depend on the report of the Wakf Another recommendation that the nquiry Committee: Therefore, but for Government bas not accepted is that '( .. . l ' ", BHADRA~, 1906 (SAKA) Jfd1c! (lfmnd.) Bill 9 die salaries should, "e paid ' from ' 'the Wakf inquiry Commit ee . that" has not· Cooso idat~d Fund -of.l the fa·te. 'tbis been accepted by the Gov romen t i ' recomm'enClation' was made bY tne"' Wakf that ~be Cornmissionw should be mad~ . Inquiry Committee I . betause ' he, 'Wave Cliairman of, the Board. Wherever this . found in .' me' IAct of the' State ih.lt Her has b~en discussed io different ' there i~ ' a ~rovis)on ~ike thaf/t stating committees and a sociations, thi that in the1 beginning the Isafane . were r~comm ~ ndation o( the Wakf Cfommittee pai(i ~ to : the employees or ' ~ tlie Board hOas ' been oppo cd liko aOYlhinp' By' fr-om the tconso liifated Food " or )tho way of compi'orni e the Government bas : State, but as tbis legislation ' '2a'noh'i ' bo accepted that 0 he . will simply b .. ' a made from here, the State Legislature Member and Chief Executive Officer of ,\ , c n ' ''''fJlak:e 1jegi hi'tion ,'saying that the the BoarCf an I hlnk it is a vay good1- salaries will be paid from the Con o.li· ! c~mpromise 'that the Government h~ s dated Fu nd of the State. But this cannot n1a de ( nd the Commissioner has been· be lmade i'n Parliament and th ~ i ;is why made a Member of the W 'lkf Board.' they b ve not accepfed this recomml:n· (Interruptions), The Wakf Inquiry ' dation of the Wakf Inquiry Committee. Committee had recommended him for 'iI"l'I '. , chair .nan hip, But 'because of you the l:aw Min i. ter he h as b ' cn removt:d from .' Ano,ther recom ~1cnda' tion of the chairman ~hi p and h e has been ~iveD Wi:lk~ InqUiry Committee which has not same powers b ecause 'the Wakf Inquiry ' been aqccpted by the Govcf'qment i Committee has made a very d!tailcd. that if tb:! property is a Wakf property, study of 1 he problem and h ad taken the it should not be acquired under the office of Commissioner from other' Land Acquisition Act, and if any pro Charitable Ac s like T amil N adu.· perty , is acquir d, tht:n it should be Hindu Endowment Act and Andhra taken as void. Mr. D cputy-Spe k r J the Prade h H indu End wment Act. They Govt>rnmen es stand is that variou.> have studied all thes ", Act ' and they instructions of the Executive nature have t aken the Commissioner" office' I have been issued to all the State Governments that properties belonging from thoso enactments. to religi u groups or religious proper. ties sh uld not be acquired at any I have moved three amendments and cost. That is wby they fel t that ther~ in my opinion those three amendments , is DO need to make any kind of accepted are very very necessary. I have ooly provision in the Wakf Act. and that is moved, Mr. Deputy·Speaker, the very why they have not done it. Another important and very nece' ary amend argument i that if this objective is to ments. The first is relating to limitation. be achieved, then an amendment should Sir, as you know, under the Limitation' be mad~ to the Land Acquisition Act Act, if anybody is in adverse possession and nO,t to the Wakf Act. I would of property claiming him e If to be the submit that executive instruction is all owner of that property for more than right} but if somehow or other some 12 years, be becomes the owner ot' kind of amendm nt can be made in the that property. The right of the tea Land AcqUisition Act In future the owner is extinguished and a new right Governmt::nt should try, and it should is created. In the Limitation Act; come in black and white that properties Section 28, now Section 27' is the only belonging to any religious group, say Section which gives rights and whicb a temple, mosque or graveyard, should extinguishes rights. not be acqUIred at all. I understand that there is some difficulty here and a provisjon cannot bo lnade in the Wakf There was nobody to look after Act, but ao attempt· hould be made to most of the property of Wakf, People make an amendment in the Land have taken illegal possession. Now, by Acquisi tioo Act. operation of thiS Act, if anybody is in possession for more than, twelve ~ years, he becomes the o\\oer. It. may ~ The last recommendation of the be a mo~que, imambara. It is necessary' 1tVGusr 27~ 19 JP;" . [SbJ'i 0",1 her Abm~d] lor valul r consider.UoD of uy imqaov blc Df-oper', of tbe Public Tru t, hicb ba. been rcai tored hat some kind of pro lsiqn should be lItlat1e. or is declXJed to ve feai.ler d under thi Act or (or the purpose Qf foll~winJ in his bands, sucb After partition, people wllo wero property or the proceed thereof. !Iooking after the property have gone· or ror the account of luch property ·,away. In the \\-al(.f property, nobo that t< a suit for the recovery of any wakf e'nothing contained in any law of property wrongfully possessed; alienated limitation shall be deemed to vest or leased, shall not deem to have in any person the property or fund become barred by Limitation if .such of any Religious institution which suit was not so barred before the ] 5th have not vested in such a person or day of August, My submission is, his predecessor before the 30th 1947., September, 1951.}J I have requested the Government to make an amendment according to the provisions which are existing in other Section 52 A, Bombay Public Trust similar Acts o~ the States. It is very c (29 of 1950) : necessary and important. Tbis should be accepted by the Government. "Notwithstanding anything con tained in the Indian Limitation Act~ Another amendment which I havo 1960" DO suit against an assignee moved is to amend Seotion 6. Sc;ctiom -'93 Wtlkl (Af1IJId.) Bill BIIAORA '. 1'06 is regarding tne lease of the wakf After sometiDJe, tile Watr.aut hies ftntJ.... ty. pr'I'Io ...... _ lay, look here, 1M IS listed as watf 'S ; '11 property and therefore you have to that Jist to the Board. The Board wi I vacat~. wjll "No, it published that list in tbe official lazette app1y to me ' b~s~ J lid If if t . . the ~sl~~." ·-official gazette, if any per «)0 ba interest in that ,prol'erty, he can bring a . uit in tbe civil c w"n 1 r. In order to overcome thi.s It" I have proposed this amendment and If he fails, tho list becomes fiaal. ~r r I hope the Law Minister will a~ept • !Jle year, be cannJt challeoge the list. ctioo 6 re ds : eny arnendJ]lent. The tbir4 am~QdUlent whlcb is • ~'( 1) J( any question arises whe very important allltnd)Ilent is proposed ther a particular propeTty specified as a ruult oT the judgement of tl)~ as waler roperty in a ). t of W4 Punjab Hi,b CO\1rt. A full ~ncb ot publisbed under sub-s ction(2) of the Punjab High Court gave its decisioI;1 ection 5 's wakf property or nat in tbe month...... of February, 1984 vide ,oc whether a kf speoified in such AIR J984 .. Feb., page 68. list is a Sbia wakf or Sunni wakf be Board or tbe mutawa'11i of the wakf or any penon iot·erested In that fJlll Bench case, the majodty ·therein,may institute a suit in civil of judges, one dissenting-there wete court of competent jurisdiction for three judges-' he two judges have hel" tbo decision of the q estion .' •• " tbat in regard to those wakf properties which became evacuee properties and .. by virtue of that~ the Custodian becomes Regarding thi section, a case went the trustee of those properties, no suit ·t o the Supreme Court. A gentlemen can be filed by the Wakf Board regard. -who was not a Mu lim said, I am not ing those properties which are in the .a Muslim; I am a Hindu and therefore possession of the Custodian • this will not be applicabl e to me. According to the definition of the Wakf A Jargt: number of cases are pending Act, I cannot be "'a person interested in the court in Punjab and Haryana. therein" because I am not a Muslim, The Punjab High Court full Bench- has So, this will not affect me. Even if I held that the Wakf Board could not <10 not file a suit within oDe year, it file a suit regarding wakf propertie cannot operate on me. This is what he • which are in the custody of the Cu to- argued. Then, the Supreme Court held . dian and that only the Custodian could that "any person interested therein" tile a suit. So, the suit has been dis shall refer to wakf and not wakf pro missed. The result will be that many perty. Thay also said, because he is of the suits which are pending in the Dot a Muslim this cannot apply in his court will meet the same fate. case. If the Ii t has been fi~alished and if he did not file a civil suit within . .one year; this section will not apply to So, in order to avoid that. I have him. So, in order to make this section proposed an amendment. I am v ry applicable to all people, I have pro grateful to the Government that when I posed this amendment. What will brought the case to their notice, they happen if the Government does not at once sai d that they were going to accept the amendment of mine? Muta. tile an appeal in the Suprem,e Court. walli is a very clever man. He can pass They have filed an appeal in the .on the property to Don-Muslim. He Supreme Court. The appeal is pending 'would be in possession of that property. in the Supreme Court. It may take ..And then, 1 ter on; that pro~erty ' is some time in the Supreme Court. The isted 8S wakf property. All formalities • lower curt in Punjab and HaryalUl e complet d but he p quiet. ~aJ dismiss tbe suits saying that tbo -, 'I .. , 0: I , .*. il · .. ',... ~, Walf(Amnd.) Bilr' AUGUST 27, 1984 Wak! (Amnd.) Bill 9 ' , e...... ~ . " I .. • "t ,-- . , ..... If""'" \"d rI~ Shri Gul~hu A.hmed] J " ..., I " · .. ~ MR. ·- DBPUTY"St>EAKER: · It:lri ~ ., .~ .' . ~, . .. b~Ct\ll80 you do not know much about ' • Wakf Board' c;lnnot file a 'su'it in 'regard ~.' , 4...... to properties which are in (h~ ' pO' sses~ · ~ • , ! SJon of the Custodian. So, by' way of · ~ ~r tT!~ ~~r ~t ) (l!~~;rri ) : an aoundaDt caution, I have m9ved this fscit ~ rrT~t ~r~~, ' ~rr~~ ~T~ ~~+r. ame.ndment. ~ .• • "p ~aH CIT \3'«~ ~r~ f~fC:llT ~l\if , atPH ,.' . " .. ~ . , I' ~~ ' Cl~ ~rr~ ,\T:;( \QT, fQ~~HiT~ ' . I earnestly hope that my ]ear~ed friend whom I have kn 'wn for th'e last qCfCfi CfiT ~T~cr ~gCf ar=ti~T ~T I iifiTijfT., 30 years, because in 1956 )!ole were both ~T1f ~rr'fiT ~;:::r\ifrB Cfi~a- ~ a:r1'{ , ~rr ' togethe'r in ~he Rajya ' Sabha and we ..' I I '~ , , t'· have known each other f.or a long time, l};Cilf~ fr; iifT ~lT~ , ~T a- , ~, ~rr~) i ~~. that he will at least have mercy on me:, Cfi~') ~T'lf ~t( Cfi t a- ~ I ~fc1i;:r f~fc:w ' being his own friend, and he win ,. I • I 1 ~ accept n',y amendment. ~T~ ~ , ~ ~ ~TG" ar'~\if1 ~ ) ~Cfcfi ~ @'<1' ~;:(f\ifT+r it ~ ~;;r ' Ilf~.., ffilfl', ' , \if) ' In conclusion, I would say that this ~lff .~B'~t:f~;rT ~ , ~1q 1 Cf.Tf~~-ttf1~Ti5f · Bill which is going to ,be pass~d t9day -I have gone through each and every qr, f~ ~ TiiJ'r ~;:~';r 5f)~tC: ' fcf lfr • Clause of it; I have read the Wakr \j~~T '1al~T PROF. MADHU DANDAVATE .f~cil" ~qTCfi,{ ij'T~~ ij''! 1954 it (R&jaour): He is also a political minority. \if) qCftii fcr~ ~~ ~Ta:;6' if qT~ gan ~T, ~ij'if OTif~l:tG CflB ~ f~t:t OTfiif" SHRI HARIKESH BAHADUR. Let u try to have a secular character iij' far~ q~ ~~ ~~ij' Cfl~ ~ ~ ar"~ of the debate. ~ lf~ ij'1l3HH ~. reo ~« fGT\; ~ , crT . 97 Wak/(Amnd.) Bill BHADRA S~ 1906 (SAKA) Wakl (Amnd.) Bill 98 ~)~ ~ llTllfG" arTcpltO ~T \;fTijG"TG" Cfi) cr;rijCfT~ eft \;fT\Z, lI'cfr;r GRi'fT CfiT 11~c{ ~~ \"T6a- fB ~ ~if;tTr lfT ~U ~~~ Cfir ~Tt:t art\" Q:ij- f\Wft:t ar;.~r Q'T ~~1TT cnJTf~ ~) \'fliT \ifTq' I ~)f~ ~h:T ~lTT'{ ~, ariT~ ~(t rrl~l~ er, ; ~' fCf.O: g~ ~ OTl~ CfCftO CfiT qCJI:fi ~r \;JTlI'GTG" Cfr'1ij' an iTt a) 1t );fTlfGTG" Cfi) ~ \i11 fCfi ~ ~, ~'1~ ~T~T ~ fl"1=f~ CiT ~, Cf)~ «1 Cfi' ~) ~ ~ 11{ CPT , 500.. llTTlfG Gf~ f'19. ~ ~~~ft I OT7f'\ ~l1TU ,700 Cfi~T? ~qlt ~lf '"( ~rr ~T~Gf, ~Gf~ q'~~ ~) ~ JlT~a-7~T Cf\if')=t aniifJf ~Tf~GfT ar"'~ ~T fllfrp:cl Q;Cfl \if) arpl~ q~tfi Cflitfc'fT ~rrr~ ~T~Gf CfiT !lff~tTT arGT ep,\'iT :qT~crr ~ I f\if;;rr ~ arr~T, ~~T ~ ar;~~ R' fep ar~~ \3"; ~1~ \ilfTGT f~~:qP1T rr ~;G'"( if, it :qT ~~T ~ f91 ~ij'if \jzrT~T ~ ~T ~T~T crT WTlf~ lfg fGf~ ~~ ij-mrr if \j~T ~T ~qlrr~T,"(, (n:nrrc:f~l '"( 6fT,"( lr ~.,ar ;f 3TT~T I ~rr ~TnT ~ Gfgff fG~:q~qT arT ~llT riTfll~fc6 ~T , Q:~ ~T 3n~lfr . ~;:r ttl') q'if~ ij' ~T lf~ fq(i arTiif ~~ ;rTf~;:rfG6 ~T Cf.'"( q f~~Trr(f~rn U CfPl Cfi-tiT I \3fT ~~::f'!lFf ~~ fGf(i Cf.T ~lf ~TtT CfiTtnT f~;rl glJ Qi, ~ =if llT ~~ %, ll"T \3fl f~ G T tTi B' ~;:cr\ifT,"( ep,\ \~ ~ I fq'i9~ ep~ 3HfG1ij''"( ~ f~~~ fep f~llFT 'lig~ :q G ~![ ij" if ~ll (1)ll' lf~ ;rIll' Cfi'"( "{ ~ q f~ \ifni! ~, f~.,it 'C'f.1t f~. ~llef .., ~T ~ iSar, 'f~ f«J~ {fW ffilfT 'ifTlf I ~fCfi'l ~ij'T f\ifc:r~ O1r~"{ CfiT~ fl Tcp~ rr~T '"(ii~:r, Q:~ fr1i \YTT f+rf'1~C:~ ij'l ~Gf ;r tfi"\llTl1f] Cf1~ on~ft:J:7'T 911 'ClCfG1 if '1·1f~;rG Cfl7 ~ ;r \ifiTi{r Q"'"( ~ij' fq(i ~ GfTt it ~1"{T-rsfT~ ~ CfCfq) cpT c:r Tll oTCfi ~ll' ~ o:{ ~T :q~ fttltTT ~lTT ~T,"( ~"( Gf~~ q-'"( ll'~ ;f1:tc: q efT ~ I \ifq Q:B' ~T~T CflT ;:iTfll~ G Cfi'"( ~T ~~ ;flffT '"(~ fCfi fGf~ ~ Grrt it f~lfT \if TAT ~ ~) ~ ~Tll' 31"'1.,T f\if;:~~T \:1l1TGT ~ \:1lf l ~T ~f~IfiT~ ;r Tzr ~T cl~T an ~ H:r B ~ij''"( 917 ~ ~ f~~ ";f9q) CfiT ~g fGf~ ~t ~TlfT \ifT~' =;_Ttfi ~ij' f~~ ~GA- 31T,"( ~T~ ~ I \3";;if CfiTll Cf.~;:r ~T • .... 'T~ ~fnq)T~ ,"(TtT rr~T ~T ij"Cf') ~t 1 3f1~ fgl=+:! ~ crTtfiT rr~r T~ ~T ~ I ~T~r Cfir arq'iT-oPTrrr ,"(Fi ~') ~f . 'i . it :qT~~T ~ f91 qCfq) if rj1\ifCfFT \3"~~ ~TCf~G ~T ~r f~ f~~c:'"( ~ T~ar an~fl;liT 91T l];cr.t~ f~lfT \ifT C( \if' 3TTGf lf~ f~~ ~ arT~ I l_!~ \l 1=qT~ ~ ll~'i ef ~ CflPl Cf,'"( ij'~, ~fll GT?" Gf.T fi1 lfQ: Gfgq ~~ attl ~Tlfl cpT ttl 1fq~ ij'~' Q:~ mlfT cf:t @ qCflfi qT~ ssft ~'l~ ifST~ (ll'T~$'~:) : \ifrrTGf ~TtT ~tfi ,"(TtT 'l~ ~) ij~ _ •.~fCll;r ~~ \ 1 01 Wak! (Amnd.) Bill BHADRA 5, 1906 (SAKA) Wak!(Arnnd.) BI/l 102 $frcrT it ~~r ~)if ~Cfi ~P:r Q"t:t I ~Jf ~~ft ~~T ~ iif~t fii q\-~fi ~lfT ;r ar1\ ~)rff it ct~;:~HT if'lT arT,{ Cfl;:~;:!lTff ~ ~Hr~ '{ ~r~ \lrPfr ~ ~'6' Cf) llf ~ f~~ ~cfTfiffi ~pn~ lfT~cr,{lf UT~tt ~T ~ ~W { 3fq;:fr \ifT lf~T~ q,CO ;:r cpT ~T I an! r:r~ ~r~iSf ~ arq~ iTc: q!lT fCfi1T ~ I MR. CHAIRMAN : It may not have retrospective effect. 14.00 hrs. 11~ lfCfiTif ~ fll ~T fqf'H:C:~ «T~Gf SHRI ZAINUL BASHER : You a r0 a Jawy:;r, I am not a lawyer. It is ~if ar qsqc:6' ~T lfj:\if"{ Cfi"( ~1T I it " not written that it will not h ve rd ~;;~ ~(§fCfTHT Cfi~'iTT fcn ~ ~rr=tl) rospeclivo effect. I do not know the ",. law. if;:\if... ( q)~ ~ I SHR[ SAT[SH AG RWAL: I con ~a~ 3f~PH ?;) ifTat CflT ff'{Cfi it firm the Chairman's opinion. fqf"HC: { «T Q: if Cf1T ~Cfi3~Q f~~T3i·rTT I SHR I ZAINUL BASHER: It is ~ 'f1 ~ I ail' crT anq- cpT~ '1T \ifTlfG'TG' {iT~ t:{~T ' ... lead to a riot or breach of "{~lTT I ~ B'l1~CfT ~, ~« Cf)T CfiT~ \if~"{Cf peace' t:{ ~1 ~T I ~B'~) f~~ ~~ ~ 3TW~ ~cr"{T t:{ ~T q-~T ~) efT ~Cf,\T q.~T Cfi ~;:r Cfif ijT ~lr\~;:r ~T ~ Gf 1 3TT q \ifl ~ a- ~ CfiTfww ;;PI \ifTltm I Q:ij'T +rT~r~ Gf'iTlfT ~T fqf'lfc"{ ~T ~ Gf ~~ Gf\ifQ ~ cpft~, ~~ 'fiT fsi ~ it 311'\ qCftfi CfiT illT ijfT ~ ~TG ~, ~H q"{ ~ 'l ~1 \ilVfT :q T~c:fr I Gfg-'l ~T iif;r ~T q,\ ~\.Cfq,!"T Cf)~~r ~cr ;r If q~ "{T~ T 1_!B'~f:q 'f qTfCfifa'r 'iTT Cfi :;~~~ fB',,~~Ff q~r ~) ~Pfi(=ft ~ I ~ I \if) ~CfqZ;~T ~ J \3'rpflT 'iTlI'O' it~ ar~"{ t:(efi ~T Cfit:~f.,fc: iii fCfltIT arT~llT ;;~1 ~ I \ilfT~TCf~ ~ij' ~ iif) a1iftfi Gfl1 if f.filfT ~ a Gf m~f ((Us 3Tr:g"{ CfiT iifTlf~T~ ij' CflqT{ Cfl'\ "{~ ~ I \1''f q-"( srT ~ ~q ~T ~pf.aT ~ I f~~{tCfC: tTf 'H~ c Cf))~ CflT~qT~T Cf)\~ qT~T t:{~1 ~ I CfI.IT ~rr~ if q ~;r i5fT~if I ~ crT f~tiCfl'\ ~~'\ B'T~iI' ar1'\. ~T fq~l~C:,\ ij'T~Gf it ~\ij' ~q fCfl ~1:q arrtfi tile- Cf)T ~~wr il'aT lfT fCf) 1j cril'~~r ~ cp)( 'I Gft:{ f Cf)lfT , , • . I . r , lOS Wak/ (Amnd.) Bill BHADRA 5, 1906 (SAKA) Wak/ (Amnd.) Bill lOG ~ aT ~«~ flg~lq) ~Cfi~1t cr.r CfiTtfc.rT@' q,T1i Efi{ "{~ ~, ~ll' ~)i[T 9ft \Vfij" ¢I'~T ~~T ~T ij'cpcfr 1 \3"nrT~~ , arPT ~~ ~B" sr·hrr~'f Cfi ~ ffTfCfi U{i:ffTU f~qTcHfC:ij" \V1 \ifPP.n~T lfefT 'l{f CfiT;; ~T CPT1-~') ar~:q~ ~ 3l'r.r~ CF;~ ~~-~-~ ~ (SI'T~r CF"( ~ I ~ ? it at efT15 ;:r ~T i;fFi (iT fCf) i'f1:rr ..:. ..:. \1fGf ij'{Cf)T{ arq;=n t.pG \ifT ~r~T <.fi'''( ~rrr Cfillf \;f~t ~:Ff, CTCfI'fj ~n~~T~T ct"{ q <:: CF~ f~lfT \1fT~ ell '+£f Cffif ~Pfi Cf~ etiT1.~T q)~JfT ~cr~ ern ~fTCf~ , ij"GfB Efin:rr~ rr~T ~) ij''fiaT, \if~ <:TCfi fCfi tfQ:~ ~~CffT tl!~(;j TCf ~n:Cfin:: Gfrjl '-f.ftc:T CfiT f"{qTi ~ ~cnfGf:;P ~T 0 '+f"{Tij"T ~ OfT'{ \3'ij"T \T<:rij' ~ tTT~ it ~ij' ~T 01:(0 OfT<: UT 0 qr 0 6;~~ 0 :Sf 0 ij' ~'(? fGf~ Cf1T crT~~ Cfi~crT ~ arT'{ arrQCfiT . \ifl{T'1T ifi CfiGiif qTqij" cr ~1'fj iti 91) flT-:; a-;:!f~T~ 9-~'"{crT ~ 1 ~ t:{ it 1 ~ fCfi;; 3f~T RCfi \3'rr~ ~g a ~l Cfettfi \lfTlf~l ~ 'l~ [ShI i Ebrahim Sulaiman Sait] same form, then it will not s rve the basic purpo e, I r PC l t, of the protec tion of the Wakf properties and better aware that tho present Wakf Aet of utilizati n of Wakf funds for the wel 1954 has been in fouree fo r the last fan.: and progress of the community 30 ~- ycars. Though well·intentioned and the democratisalion of the Wakf the present Act has be en found to be admil1istra tion. defective and has not been able to improve the condition of the Wakf or Thi imp Jrtant o iec .) of iog i I-ltion, stop alienati 11 of Wakf propcrtks havin g fM reaching c on')c qu ~ nces, with Ihe pre ; ~nt Act we h a v~ not bee 1 which is a rc ul t of mo e L1ll n a decade so far able to rec' v<."r th p ssessioo of effor ls aild dellb~rutio li, h LS been of the Wakf properr ies from illegal occu presented I?,OW, I :;; hould s y, in ha'\te. pation whether by the Government On the first day of t he present Session agencies or oon-Govl)rnmcnt agencies _ it wa p rcsen ted in the Rajya Sabha and taking adY.1l1tage of th~ O",p )sition's So Sir, th:! re hal) been a persistent walk out wilhin minute this Bill wa'\ dem nd for all the~e years tnoru tha'1 pao;;sad 111 R jy..1 S,lbha. W", w re last onc decide th at we rnu '\t hwo t IJ by v ~ ry n.:sp ,) nsible pesroa in the another subHilut -, W lkf A:: t whi(; h wil l Government th,lt th's Bill is n IH g ing be according t th l! a ' p i at i 1 or the to come u p al all, hut now sudd !nl y Muslim community; which will Ie d it is here, wi ,hout givi ng u much time to developm en t and improvement of to introduc.! nnny m );'0 a l cndments the Wakf properli cs an d which al 'o a W~ wall' ed. 1l ~,.c ,d,o. l h0 GJvl'!r n will leaJ to stoppin the, appropriation ment, just want to Giv~ tw hou rs tim\) of Wakf fund') and al ienat io n of Wakf and p ~ ss it . Thi should not be the property; and through which we c uld attitud e of th~ GJv.:rnml'nt, beca u e reCOVCi all tho e Wakf properties which this is a very im;:>orLi ,lt p i..: c:.! of legis are in illegal occupation of govern· lation. mental agencies or non-eove-nmental agencies and thm improv.,; the c ndi One thing has bee'1 said h ..Ir e by tho tions I.)f the Wakf. This h s b""en Law Mini'\ter that lh ;re i3 n un ani the object for which we h Vo been mity among tI~e Mu ;I im I ~ , l d )r5, the dem1nding a now Wakf Act. M '~ mb e rs of Parli lme lt, th ~ m~:nbe rs, of tho Central Wal ·f coune:1 and o ther As has been said here} a wakf En regarding the provis, t')n:; of th Bill. qui ry Committee was et up as early as But actu1.ll y the flct is thal th.: r0 WdS 1969 aod thi Wakf Enquiry Commi- un animity 00 m ~my of the prOVISIO:1S. ttee pre ented a preliminary report We had d iff(! red only 0n fa v and no after seven long years aod after doubt very basic on s. further two years, the final report was presented. Now the Government Race tly wh at did Mr. 'au hal has taken more than eight years after say? He gave a sol t;; m 1 promise. having received the report of the En When this Bill was abruptly p , ~s s o d in quiry Committee, to formulate the RajYl Sabha and mnoy M ~mb ~r s ob rccommendation'\ and to bring forth jected to it, Mr. Kaushal otlr Law this Bill before this augu t House. Minister gave a solemn pre mis: that in case Mu lim Memb ~ rs of P.!lliamen t Now this Sill suffers, I must say, in Lok Sabha could come fur ,van} unani from many defects, lacun' e and omi - mously with cert.dn an "n l ments, sions and does not mt!c t the demands they will be approved and for rnulated and a ~ pirati os of the Mu<; 1im commu in the Wakf Act. Bu t what h ppenod nity and if p s ed in the present form, then ? Muslim Member of Parlia wiil not serve the purpose. It will be ment, met :lnd 36 of us have f rmula different m tter if our am ndments ted and signed 24 amendments unani aro incorporated, but if passed in the mously. Even one amendm;ot has not 109 Wak! (Amnd.) Bill BHADRA 5, 1906 (SAKA) Wak! (Amnd.) Bill 110 found a place here. Now you can not t ed members, coupled with enlarged complain against us that there was no powers for the State Governments u nanimity. Mr. Gulsher Ahemed Sa b through nominated Wakf Commissio - he is here - w s present during ners will be a ll powerful: Mr. Gulsher all these deliberations and fo rmulation Ahmed said the Wakf Commissioner of all these 24 amendments which will be simply a member, No. He has were signed and presented by 36 of us. got over-riding powers; sweeping Government shou ld have, themselves, powers. He is a dictator, a hitter. He accepted and introduccci these amend· can over~ride anybody, any member menTS, if they were so sincere, and s the entire Board. The members under honest ~nd if the minister want to kee p this Act have just an advisory capacity. the solemn commitment that h e g .. ve Nothing more than that. This is the us the Rajya Sabha. But nothing has posHwn. You go by the assumption been done in the matter. This is the that erected Members of Parliament essence of the nsmranccs of the and oth ers will tend to be dishonest, Government; and to charge us that and this super-man. this Commissioner there was no unanimity and, therefore, alone can he honest in this world ? the Bill was delayed .. is not this coneet A G overnment servant, a bureaucrat, posi tion. an official is the only honest man in the world. All others, public repre sentatives, Memhers of P arliament can As far as this opinion that th Bill is on the lint: . uggested by tho W akf tend to b e di honest. Such an assump dangerlus. nquiry CommIttee i concern d. it tion is is also not correct becau e many of the . u ggc ti( lns of tho Wakf Enqu iry SHRI SATISH AGRAWAL Committeo ha ve not been : . cc ~ pled. Government believes bu"eau rats more M any nt:w pro\ isions have been intrv· than the elected representatives. duced. So th is Bill) doe. n.)t r epre· sent Ihe con"l!n u of the Mu lim SHRI EBRAHIM SULAIMAN community. This ha~ t) b0 mad .! SAlT: They jUllt W ..lOt to hav" the clear. bureaucrats; they want them to be at the helm of affairs; and through them, The comp )sit ion of th BOJ rd is they want to control the wakf'. We largely nominated . You hJVC got two must u . dcrstand this as an attempt to Members of P lrliament, I uoderst and. nationaliz '~ the Wakf institu tion, That is also not pro'per. In every through backdoor. other Committee that we have or in the Boards that we have, for example the llaj Committee the representation Now about the members of the given is two Member from the Lok Wakf Board. What are they allowed Sa ba and one from the Rajya Sabh·\. to do? What are their powers; what You have now giv..!n 2 Members of can they do? They are just decora Parliament) but not specified how many t ive pieces. Not hing more than that. from Lok Sabha and how many from They can be ju t called by the Wakf Rajya S a hh ~l. ThJ t menns one from Commissioner twice or thrice a year, Lok Sabha and one from R ajya Sabha. and over a cup of tea, they can cha t, Always the position h as been that we make some recommendations and go have 2 Member s from Lok Sabha and home. N (J thing more than that. A II one Member from the R~jya Sabha powers concentrate in the h ands of the (Interruptio IS) But here you sa y there Wakf Commissioner . will be, in all, two Members. This has to bo made clear. The Wakf We wanted that the W akf Board Board is el ect ive. They are just fou r, should be more powerful. Shri Zainut 2 from Parliament and 2 members Basher has spoken a bOll t the erring from th assembly, whereas all oth rs Mutawallies. The idea was that err· pominated members. S9 the nomin~- • in~ Ml;ltaw~])is who misap.,ropriate J 11 Wok! (Amnd.) Bill AUGUST 27, 1984 Wok! (Amnd.) Bill 112 [Shri Ibrahim Sulaimad Sait] then the deci ions of the Board will be over ruled by the Commissioner. Wakf fuo ds; not only be fined, but The cntiru power is in the hands of sh ould be get imprisonmen t also. But the Commissionf to act as he likc:s. here, the Boards are not going to have Even if the Board members have d ~ ci any power. The just have an advisory ded th,lt tho property must be taken capaci ty, nnd the entire I ever will be over, he can say th.l t y u cannot take concentrated in Ihe hands of the Wakf it over, as the Commissioner feels Commissioner. agains~. Here it is. Clause 21 D says 1 SHRI GULSHER AHMED: The quote. power is in the hands of the Board " and is not given to the Commissioner. "Where the wakf Commissioner If he passes an order, t hen they can go considers that an order or resolution to th~ Sub-divisonal Magi~trate. He passed by the Board- will get it vacated. (a) has not been passed in accor SHRI EBRAHIM SULAIMAN dance with law; or SAlT : He has got the power to stop implementat ion of a decision. It will (b) is in exc ess of, or is an abuse lead to I iots or breacn of peace. He of, t he powers conferred on suspects this will happen. He can stop the Board by or under .this the decision of the Board: he can do Act or by any other law; or it. This is not beneficial to the wakf gerlerally. This is also decided by the (c) if implemented, is likely to-" Comm ission cr . If the entire Bo. r d tnkts a decision t hat a particular p. {j It is I he Wakf Commissioners who peny is going to be the property of is going to dec id(..-not the 11 members the wnkf, the wakf Commissioner can of the BO Act. I Shri Guls her Ahmed has said (il) cause a dang~r to hum'ln life, that he is going to introduce an amend· health or safety. or men t th'lt instead of 12 years, the limi tat ion period will extend 10 30 years. (iii) lead to a riot or breach of t!)e But, I say, how can there be a limita pea ce, ...... )) he can veto the tion for the wakf properl y and how orders and decisions of the can adverso pO'i s e~sion be lega lized at Board . any time? Once a wakf property, It is always a wakf propel ty. You can Suppose t here is a wakf property. not say, it will no more be a wakf G overnment wants to take it over. property for 12 ye ars, 30 years and so The Wakf Board wants to take it over. on. In case the limitation period is Th ~ n orne Pe ople gather and shout fixed, then it is something will go agai slogan. . Then.} is bret ch of peace. nst the int erest of the wakf property. Such a ituati n can be b1,lilt up and We, the 36 Ml,lslim Members of far1i~h 113 B(okl (Amnd.) B /1 (SAKA) • I I B!f;\RRA 5, 1906 Jyak/ (Amnd.) Bill 114 m cn!, agreed and S)lri ~1 her. A~med under the present system of taxation. W Iac 's of worshi , to be ex mpted • f Government. The C en tr ~ ) Government from the t'urview of the Acqui ition cannot pa s that Icgislat\on. Act. This als, has not b en clone. Various things which we w{\nted to be SHRI EBRAHIM SULAIMAN incorportcd are in tho bill not here. SAlT : You can con~ult the, Slate There a re other thing ' which we did Government. N<=w fs cannot be not want, to h a ve a re here. There is created under the present sltuation~ ~ no e~elDt>tion from limitati<)n, there i~ 11 5 Wak! (Amnd.) Bill AUGU T 27, 1984 Wak! (Amnd.) Bill 116 [Shri Ibrahim Sulaiman Sait] est the Law Minister t':lat he must reconsider on these points. He may accept some of our amendments and ' no exemption from the Rent Control al 0 give exemption as far as the Act, there is DO exemption from land limitation is concerned, without fixing ceiling, there is no exemption land, any period. exception from the rent acqui ition-then what is it that we control and land Ceiling Act also are going to get from this bill-no should be taken into consideration. thin g. A 11 these exempt ion are necessar y It all this is done then alone tho bill for the protection and better admlnis can be acceptable otherwise it will be tration of wakf property. One thing rejected. is very prominent, in the bill Every wheTr, it is mentioned, that the MR. CHAIRMAN : That Minister r'Board" should be substituted by would have told him. tf Wakf Commissioner". That means the Wakf Commissioner is going to have he entire control. And this is, S!o'fT \ifql~iQlfr;f ( f-liW~~\if) : as I said before, a backdoor atlclnpt to 111~crf"{1l ~lf"{~~ ij"T6:ar, ~, ~-1i~\ifT,{ nationalise the \\ akfs institutions and antf cpT OTPl CflT tbe government thus seeks to get Con ~ f~ ~ ~iJ ~)~~ trol over them, this i the position. 111CflT ~'lPHf q;~lfTlfT I ~ ~'!fi,!:if T,{ ~( arcr;r q\ifTt 3TT\ifq cpT aTh: ij"TI!f-trTq' MR. CHAIRMAN Have you moved any amendment? ~T fijf"~G"{ CflT \if) ~ij" far;:; cp) ~T~ ~ ~t{ ~T~ ~ fCfl lf6: ~~fq;l)T c:r1"{ SHR 1 EBRAHIM SULAIMAN SAlT: Yes I have them here. Those q'"{ I1nf ~);r'( I amendments are being moved. ;rTll~T q;q; \ifTlfctT({ CflT . ~ ar1"{ I would request the Law Minister, fGf~ m ~'C)T i1Tlfa ~ .;:;TlfT ;rllT ~ to look into this matter and these ~B"if Cfl)~ llf~Q:r 'fQ:T ~ I lfQ: far;:; CflT'fiT defec ts in the bill. As far as thr. limi tation is concerned 30 years' limit .,)"\ q ~T\if ~ B"T~ ~rlfT ;rlfT ~ I should not be there and it should not Cf1TCfiT ~€t\if ar'll ~ fJT~ tH: ~qT~ be any fixed period. Wakf properly cannot tc brought under the limitation ~B"=t G)~aT;r '{)llFff ~i~T ~ I ~l1T=t pel iod . This is a vt!ry basic issue. ~T fllf'n·c"( aT ~~ ~ ar:oti 'JfFfCf1 "\ ~ I am happy that Shri Gulsher Ah arl<: ~'C§ CflT'!_'fctt ~T ~, ~f'-fi'i it ~1~ med has mentioned about the .Punjab ~ij' ~rrcr 11"\ ~~q:)TCfi 'l~T Cfi (IT I f1 i£h Couri deci ion and tbat steps have b en taken to nullify the same. Wakf 'Wakf' ~e-T Cf)l~ cri ll)~lf~~ ~r it property may be declared evacuee ;:r ~T ~, "Waqf" cri ~ I 31'1 q Cf) ~~ GT property but hould be under the w::t kf Board and not under the control of the t ancr arif\ K~)' ~ct~9)"{ Q "l)\: c? costodian. He said that an appeal has cr) it ij"lf~crT R' aTg-Cl' ~~HT cr 3f :; ~T been filed in the Supreme Court against tbe recent judgment of the Punjab ~ifT I faT~ II ~ ~ ifZia' 5fT.,r~·e-iT,:e Higb Court. I welcome this. I also g1fT ~ OfT~ ~Cf;r Gf~ Q;cH~ ij" lf~ f~~ welcome the amendment that is sought to me be moved bringing the wakf eva CfTij' ~T;:r iifT ~~T ~ ~ij"f~lZ ~trif ~.gr cuee property under the control of ;r~CfT '1 31 '(~r;r :qTf~ ~ I iT <) arrcr~ the Board. ct~~CfT~cr ~ fCfl OTTI1 lfT~ll~'l ;:;T ~l For all t~ese reasons I would requoi ~~~'1~ ~tia- ~~ K Cfi) Q ~ Q;~T~ ...... i i 17 Walt! t~mud.) Bill BHADRA S, 1906 (SAKA) Wak! (Amnd.) Bill 118 ~, ~,)f\il1:( I lf~ ~T GFf \,~T ~ ~~::fiT arT'~ tf)T;r ~ f~~ f1~Tif crij-\T ;r'fPfT f«tt f~;:~~orif it ~T t=f ~r, ~«~ ~~'lil if :qT~T cr) ~'{ ~«~l(1 ;r lT~Cf tr ~T"{ T m qG~ qT~ ~)rr ~Tt I ~«etiT cn:q; ~ ~ ~ ~ Cfi ~l:rr ~T'Ii~ Cfi"\ f~lfr ar)-r cr ~f arTq~T l5lfT'i \if~"\ \ifT'lT :qTf~tJ: I q {\1(') CflTff ~ij'~lfT'lT CflT cr ~~GT ~ f~~ ~) «"f)CfT q-T, cr~ ~Cfir q~T ~ T ~ij'-a ~rrCf If ~ ~ fCfl ~hn ~~ arPl ~ I ~«f~(T !IT'llT ~« ~rrcr ~l' ~ fr:fi arrlr ~ ariif fCfilfT ~ f"il lf~ ctij'~~fc:cr :q~eti~ Cfi~l ~Trr ~ij';:pT lT~Cf ~ fffIH(i Cfil:r"c:r if ifT f~~etiij' Sarr ~, fq)'{ GFr1 if Cf, "{ I Cf"\Cfi Gf\1fT { CfiT C{j?r~ ~'fT arT"\ ~ ij' Cf"{~ ~ Cf;rT~ GlTCfl ~ij'Cfir it ij'T ~Gf I (t CfiJ +J (i=fiifT "\~ff g-tJ: lf~ f~(.Vf "\T\ilf· Cf~\i~ ~ f~~FrT ~T~crT ~ ~'1T ij' "\CliT ~ ~r l:f ef ef) f ~~J~ tr1 ~ «1fT if qT« g~T arT~ arTiit ~T'liij'\lr it 'iT q; 'IT<< ~)~ Cfi) ~ I ~ij'lt; ' qiij" 3 q"\ \if) ~fCfi'f Gf"\lfFTiij" rfiT iifJ '1tr~r ~ q Q: ¥~r\if(~) ~ ~«ij' ~~ trl~T ~Cf~T iifTf~~ ~lfT~ «Tq~ lfTii[~ ~ 0l1~ ~T\ifa-T'lT if ¢fTef ij- q=t!1rT'fl' fGfl R\if,Y"( ~) "{Q:T ~ I ~ij' ~~r ~ iiff7.TGTG" '(9)s ~ GfTCfcir~ ~"{ * • a:;r C\ "(e) after sub clause (iii)J the ~«~qT ~ lT~Cf f~ T it cr an qij ~\ifrf\ llT ~ fep f"{ef q"( aTfCfi"( ~HT ~~ I qij' Cfi~ \if ~t \Vf"fiT ar r tf~T ~~11 ~or~T =if I f~r:t I lf ~~ ~ l1~ l1ff\iT~ ~T, Cfifc;rHfFf ~, ~"CJir ~fa-tTT\1 ~fii l];ff~ qrrfl CfiT CfT~Tc{ CF r q} l lf~T Cfi~~ ~if I \j., \iFTQ:T '1"( 3n~~Tf_;r~~ ~), ~~{"f Gf~, CFT~\if ar;r 1 ~ Tffl1C~ Gf~ I f~Cfli~C' cn~ ~)fT ~rr ij'f rT \if~ ~1 f~CfCfiCl ~)cfT ~ I 11r., ~Tf\if'Z l1f~ cf;-T~ ~1 Gf~~" : l1~ ar!tiST ~TCl o1.lfCfa lr"{ \)fTef r ~, ar \3"~0fi) Gtfi;;T~ it ~, ~fCfi;; fq}"{ 'fTT it atrcrCfiT elfFr I q~!lTf~ Q:TCfT I arrc?~Tf\ifli~ f~CfTiite fG\iFH :qr~ cH ~'T, Cfl11f~ CftiT\if ~tfi, ~r l1~ tf.~.,T :qrf Q_ 1J; f~ \if~t q~ ~y, dT~ It ~« arret q"{ ~;:~~ ~)Clf ~ I ~Trr 3fTCfi"( ftfi "( B" aI6" ~~ ~ anr-(f\if"~ ~\lT ~ij'f il;r 3nqcpT Gf'( lflrflif CflT \if~ ~ q "(, er Q Q;l;ijl=c ~';;T =ifrf~ ~ I aGf ~WT"(T fc:fil1T ~ I arrr\ ~Gl ~«lll '{\;f1 \iTTCfi"( 6~ l{TTf.,l it arTqGfir l{Cfi~~ ~"(T q~ fCfil1T \ifr~TfT, crT ~ftiii~ q-!lT arr ~) 6"CfiClT ~ I ~CfiClT ~ I lf ~ ~T ~l-"lT~~T~ cpT f\'ll~"(T ~ f{>flt-ltit d"Tfrli \iff Q'r'1cT :q~1 qf ~ \i~ CPT \jij' CfCfCf lTl ~~T ~T arT"( 3H;jf 'tit ~~ qTq~ ~;:r it 3TTffT.,T q:) I ' fqWT~ ar ,q' q)) ~ "(&T .~ I "ft=fi{>f)(i"(l ~trT ltri ar'l"T arGt fGtilfT v:rT-~T \ifT q Hf (f~(.Y~T) 1t ~~ +rJfT"( ~ I \1f~t CfCfi lf~T~ an~~rijJ'T f~qrt1t;:i! iil :q~1 fT~ ~ arl~ iif~t er\ lj~~ijT., ~)if ~~ ~r~ ~ \3"ff ~ tUq 12-13 erl~ ;jfl1Trr ql I \3'ff Cfi) ~rfff~ Cfi"{~ ~ . f{>f~ CfFHT ~1i! 3TTlt ~ q~ ilTT~~r~ ~fq:j ~ c(ir f~(>~T q CfCfi ~)i ~~ ~c q)T~{'l f'lillT ~Cfq) ~)i' Cfi) cner« i{T'll' :qrf~~ I f~(.Y~T it eft ~ r« CfT"{ ~ ~« ij~tO arT\ arFi~f lfefi~G" & arl~ 11Q: ~qT\T lff~tfi~c) 'fT ~ I ~ ~ q{ O1'rq ql1: tJl1: qT~· I ttt~1=tc tfi"(~T :qTf~~ I ~')~a-~Jf ~lf~ .. \TTl \if) q'l ~T~«r, O1'Pi~ ~~ «rTa- tfi) ct;~r ~ ~q'T=t ~(Wf~ ar~q~ it fCll tr~ ~ ~efi)'l)flfCfl~~T Ol'"{ ~T1lT~~') lj~~lfT~T Cf)) tfiT'i~T ~) , lf6: fGf~ Gfgff ar;:~ of,T~ ~ ~rtfT qln t I it fiij' f~~ CFT ~~ijfT"{ CfTt~ tti~ijT ~ I ht.tfi ~~ ~iifTf"{'QT ~ fCfl ~lf (1TTJT"i' ~Cfi ~qH(c arij~i{e f~ltT ~, er90 ij'T=t ij'TfqlfT ;r fq~Cfi~ f~lfr ~, arq"{ arT'l ~~ q~ q)"{ Cfi~ I \1'ij'efi) ~~ tiT ttCfi 3T:tiST GlTo Q_liJT' ~qT~ f~;:! ~aT" CfiT arfCfiWftra- ~ ~)q ~ qT~T ;r crT ~')' Cf,\lil ~(Sf ~~ ~ I ~«~ ~.,Cf)T f~ffi' lTCfl«G" ~~T ~) ij'~qT arl~ CJ,q) ~ \ifT~G"T~ Gr:;;r ~~q1' ar)i cnCfia-q~ ~) «l;qT , ~l.f ~!lf qT!lT~, ~Cfit~)flf~~~')' ai\"{ tt~~~~~~') a;q~ ~~ ar'~ ~JfT=t if;;~ aT\itlf qt~ ~~ ~ll n1: q-rcT CfiT 125 Wakl (Amnd.) Bill BHADRt\ 'I 1906 (SAXA) Wakl (Amnd.) Bill J 24 .~ ~ ~ · ", .1>1(i1J,,; f I· ft.1 '1" ~ £,)IJ Ill' I,' 'r.;J;I.Lv;VJ)"/J)j~ · ! ~ ~ v: J:. f 'f.:..-"~ ~V(c.(c.!' i ) " • • ... .-1('.J if, j ~;:LLLj L'{ r-) ~.J~~ .J! Jr: .:.. .)I}.."-': "4i"~'J(~ "'.-1,' D'f:~.~Ji,v0.LwJ~10;:J:'" ~' J't.~ ~ ~Jv!0 ;t..tl~~,,~i~ til J I~ ~i.,Ltf); J'''ttf/~) J,I c.t- . / jU~:I ..-t7"r':"'~J~i'(u/-' ~~ ;_.1( V ~ F. q~ /~ ; ~ Id4.t/lV,J ~j) ~ .~,jJ~ I- qlt'.'::;}~.Jii~ · . •• ../: vljJJ,.J,~).. V.CttV'+I)I' ~J' ~"'~;;VJ~/v,~t)c;,:. . J"~LP.:t7. (-;/ v:.·~0~ .!J) ,1;' ivy..,4J.11 :.e.{ t/.v:v,6' /1f0JJ~j~~";'d--?'w"/_;J(7 ,'.'" .~"_, f i~'!i'~vH"_r"'r . , ,). / j i}j~l{ r:_{,V; t~,)v:JJJ:1 &:- ~ , " v: ~ ) .::.r~ .: ~ ".r 1J .:fLl!-~ )~~~ I rl}l1)~J I~;(,; v:' v:ti!~/Lr~J d-vJlI vt JJ i!.:;.". ;; ,~ ,,;JiJ, ~ J.~ ~ ;;/vj~('JJtIVIJlliI. Jf,,¢ • ).;t~C: o).J,);;'~t(41!V \1 a'l,)J i.riv~v: ~~(J~ 1.~..,;l.J ' ))1 ~)h"I),j.. ~/~tr'~Lvt~ ~}';~lJv!C~/~V~V!l,('~ Id~ .td..4f) -r;/ vi IY'(1I.r..; I,) /.1 Lc/J"t.!ti{";) f.:;' AlIlf&)jl;~1 /~cf":;"~vl~'~v' '~.r; ~~:, ~,jj4.G"vJ4-( Jt);~r.{f' €! V;l/fiJ~I_;V;K/IJJd/J;L: • - Tt)~~L.i - Ur. ~ ~~'J))1'jj~~./.,;Jv:;:"). J 't !J,P.~vJd~j~~,y,,~1( JJI fC(e) after sub clause (iii)1 the. ~)",.~v..t~"Jy.vI;~1. following proviso shan be inserted. .J{,I~q~(f;~! J",<-tJ~~!t / . name1y :- / . ~..-l---/.).()~ L ~):_,.f)~ If£ J.,. .. ~ ,. /' ,/ .- J? .~ S~!J,J)JI ~~.I~~~~) "Provided that in the case of (JJ~~jtY"~/.0.,L( O,.dt,lt. a dedication by a person not • I professing Islam, the wakf I~:' 11).·... • ./_ ~ ( L, ~ ,) I1v(tr' ~ JJI} ..!-Jt ("1';' ~ shall be void if. on the deat h aD), . Vi~,-,;~J.I,./ I,. .. j., -" · '44'~ of such persool objection ., , .. -:-r ,./ to such uedication is raised by l;-'J.vl£;.~C '{vlC') ~I{ < one or more of bis Jegill ICpre ..; .). Jtu 1-. "/ .fl ... t ~entatl ves ~u * ~~ ~WJ ;'o.)-&t_/..!'" L CfVI~"'4L-: 1'-' Wak! (Amnd.) Bill Wak!" (Am~d.).. \ Bill_ .. 1.28· ,.v;r:!.J! .c,/.~v~/~I(' ~I'J 'AI4r Iji',,";: I ~ ti·/} j.,,(Lu:.l...?-tl.; ..; · . ~~jr. £xa · mpi:IJ).{,~~. ' ~('J;Pj~~ ~~jvl ~ -4-~J1 j.l {~t('1(~L)~(4 4J'~~~ ~ ~~ ",J(~::-,Lf< 'T ·. J/~v:7V ; r"" )~J' t!£J hL./~J-:jlv~)1 ~(J1I..,fj~:_!J· - . , ~ . V \!;(~"-'~~/~.fi"v.~~ L.lJ~ <.A ij-VJ1 V'1-:'- I) ') 4./ VI, tf;. J ~, · ~'lo I. /.) .,. - . .- : ) '::~.J (5' ~J) ~1~~~Vjl 4,,)~t:1~~.l) J . . . Li' j /"') t:-) (j) tf/ - I)/;j .~ JI. 4J~f._(-J;;~~/V'v!j;~'ijt, . l('~~'.(~(f,,)j::~~? ;_j.; ~~! ~~Jr ~.(v'J£'J(~ .~;j)' · ~ . ~l.P??.. ~~r_,;v:1:~ . . ~( ; V. ~L ~~J #).I)ri I,J) I ~)' l( • . _ ~ '_' : .• -: ___ • I • • l/ifJtf.I 129 Wakl (Amnd.) Bill BHADRA " 1906 (SAKA) Wok! (Amnd.) Bill 130 ?;_;; )llJfl ~ ~,j C:L?.1!~ J)/ ~/i-'{·V~/,.;AI"'_L1 - ~t.jp)!J."1: b" ... ., f..J A;. -r . ~".. , .. _;~ ' lA; v~i~IV;;f ¥.'~ L ~(tv.~~J"I/I."v~.cd)r )~ b .) .:. .J:) I ~ '" ", I P, i I . ~ • 7':J;"/J~ ~v lG..vJ'-'",;'vv'~.J) . v.~d.I~...... j(~ '~lPLl.t'}. .. -{! ~vl~~H)drJ~~ J~trljL"~~~~~L;!.;~~A~Ji'y' W,/(.)/k.Y7~{"JT~ t-r.V " (, ;f ,},f ~ l.i.)t /. ¥'7-(j ~u7v.JJJ)'cf/.'-1'~ / ~0~v.-~VI.~~Ld {Jl'0~.t/jJJ.Id!~';_";).f/ ()~ · ~t;/I!:J , ~~Ir./";~)I;;jU ' 131 Wak!(Amnd.) Bill AUGUST 27, 1984 Wak! (Amnd.) Bill 132 ~ .. - ~ .,~~L:t}. vi ~J~~&/ &" J)~W~..;4/-~~£:·d.~; ~ .- -: ., 'v11 L1f!~ ~ J;t/~~ ~ ~ ~ . , JL_'..:.J.tf~v-14-~~I)~~ J:~/IJ-{_~~~ '4iffi ~J2'.~) 44!J.~.s:i-J ~K'~~~ (J-",- ~. -::-r;!.~~lj~_if, ~ :, .. ~ d,• Jy~"~';< .L1-~)~~~J -{tvJif.vl)V~'; ~ . j~'{J' ~ ~ v JL'-:(r:~V~;:: -::1f,.vJ't. L1~r~J~;0~1~ L!,j/l(4-~~0,~*"q, ~-f:Jt;:.:-~V:;~j~t)L/vl . J /. "~T.v:ry'~J'~tJj~J.)':J/-: J} ' 4--~)/<'/'L,j,.:(J}Oy. rr· .. yV. L ~ ~J.)~~Ju)..t f ~~ ~·~~J/J2vyL~').J)'t;( ,; ~ J, - 10' , !II ,,;:;.; ~'~v:.J" V. ~ ;;, lb1 >,~!~I b Jt;j;;7 .., . .vI ._/""" • 1 11"( ...... 1 ".. (, - 1 (' .,J ~ J./( ~ tC- '-'-,/,,~GJ'-(, '-~.J1 .tf,t~~~J~~~.J~ ~~~~~!)tV:VJ )))J/.. ~,jJ ~rJ'J.'vltL~t_"L£WI vI ~t(~/JPv~tL.)i~~J/l , -v'1 (j '':$,J):,-.. rt('.,,!.:" .. ,J /~1.v./_ ,/'( ~)/ ~vl~4-)~)jt:i J_J ~J)L t.it a;p ~ ~ii!~l (~fh'~~) : l{v' ~lt~'I' m~;r , ij'~lflT~ lI'~ \if) Cflftfi ~~/u)J_J)J tt~i; JJY~J)..." - G(Ti arit~ite 1984 ~Cfl«'lT it; ~T~ (. ·jb~ .;:,jLbj~}:.:.J, If!::.£: ~~ ~, 'i~ q"( ...¥'T aq;~ ~ ~i r( ~ t!~' ,,;, j ~!.i')J Ii J(2ciJ ;, , ~ ~ . , "~CflT'A' ~ tf~(f thr\A' ij' Ifi~ " I . , 133 Wak/(Amnd.) Bill BltADRA 5~ 1906 (SAKA) Wok! (Amnd.) Bill 134 \iff ~~T ~ frfl ~«rflT If'i( if,Tf\if~ I ~CfirrTfllttl fi;r~Ti1f it qij'llt~T ~, q~TGf ~ ~lf\~rr «nlil', ~ l1)~Cf ~t:r Cfi'hr~ ij'r~iI' aIT"\ CfT~ q ~ llrll~ if il'g-Cf q')~"(~ ~ 'tfT~tTr frfl ~ ~1l {flJi{rti fll ({'ii ~~T &, ~T ~'l"liT \l~rf ~ f~~ ~~T~ cn:tfi aT ~ ~lfr~T ~a111e: ~I~ \~ ~ ~Cf;T it~ou ~ fi;r~ ~~ CJCfCfj Gf'l"T~T atl~ ~«~T cn:tfi ~~PT ~T~ crrO' ~&1 ar"r~ {ij' ff~~ ij- ~TiJT if ~GfT;f~T it ~ ~T'lT \ifT ~~T ~ I ctlltcT CfiT f«tfirf~~T arg-Cf m~~T \;f'l1T;f 3f) ~ \ifTzre:re: ~T, it; 8 «r~ ~ ~ne: lf~ fGl(>f ~llfT tTlTT ~)~l if «HT fiif~lJr \itT ~t§ Cfiifr~T ~ I li'!tT \iff ffCJCfCfi) Cfi~a- ~ fCfi' ~ij" ~ij' IZfr CfQ {ij' llliij'~ ~ f~~ qCftf) Cfl"( f~~ CfiT qT« Cf)"{ I ~frflrr lf~ t ~ 36 f~lfT I IT OTTrr~Gf~ fqf~~G"\ ij- Gfrrrrrr ihrufl ~ ~HI~\~' ~f~lJ ~~TCfi~ GfTCfiT :qr~~T fCfi 37 crt:{ ~ ~~ ari it ij""{CfiT"{ lFH '3"'l~ ~Tij";r f~qiTf~~ 'fiT Of)~ ~t§ ~ {'l" iifTlfe:r~T ~ 111lT~ it Gl" rCfirlf~T 6~fTfJtT ~ f~r.t ~'iij- e:~l crl~ff 'fiT I Cfi)~ f~q)i cflfT"\ CflT ~ crrfCfi cr~ ~tr ~fCfi'i ~1l ~ ~~ 'fiT ff\~Tff <:fi) lf~t Q:qT'l" Cfi) Cfir;:tfi"tie- If?i I \if) ar"\.T ij~T ~Hn tT~T ~ I ~«ij- fi" «'unH ~ ~qct CfiT Gfr~~T~ ~ijClf~q; JtCflTifTCf q"{ frfl iif~t aH'i~ ar~ f~ frr~c"{ ~r~ ~~ ~ fGr~~T q~T ~,~CfiT ~cr\ifrij" 3Tl~ «~T fCfi ~lj T~r ~alJTe: ~lJT~T tT~~)if \3'lCflT ~~a11T(>f ctl"{if ~ f~ct ij'"{CfiT"{ ~ CflfT f~~, cr~l iifGf ~n f~lfT1l\if ~ it~~T if, Cfi"Tlicn~T CfiT ~ I CflfT il' rCJi T~e:T Cfl)~ 1];«~llT'; 1lGf"~T ;:r .. f«tOTf~!lT enT, \3"«CfiT ~llrt «TlT~ a ~P:T [T (j1~ q"{ Cfi)~ f~q)'t ~. 'l\if~ ate:T;;;r fCfilfT qln I crT lf~ ij" ihT Cf,"{ ij'Cfia- ~ ffTfCfi Q1t qffT:q~ fCfi «JJ iHffT, ~ frfl q~T @ lZ'i) fCf.~~ Cfir ~ Cfir~C1T i1fTlfGT~ fCfl~ ~e: ffCfl tfirlf~- lfi t~Tf~Cf~ ~ '_ 11;:~ «TfGrCf g~ ~ ar)~ fCfi~ ~~ CfGfl cr~ ~Cf)«e: tt~r g3JT ~ fiif~i; f~ct ~Jfr=t 14.56 hrs. !~lJl if q Cftfi iifl f~ct arqrrr GfTlf~T~ [SHRI R. S. SPARROW in the ~ll Chair] « .. nqfff ll~~~, ll' q;:~T ~ t.T~)~lf ffCftO Gf)i \if) Gf'lTlZ rJ ~ 3f)~ f\if« ij" Cfi~'iT :qT~crT ~ fCf; t.ar~ ctlT'!i1 itw a~~ ij- Cfi"TlT ~«l!~Cfi ~ ~~ ~~T &, Cfi"{;r 11Cfi«e: I ~«it qT~ffCcf« \ilne:r ~ ~ q~ ~ I «ft ~\T ;;~1 ~TifT «"{CflT"{ ~ fq~~ 3 7 Cf~l it q;tO GfTi ffCfiarJT 'fiT CfCfff CfgO~) 3ftl)"{T -fflll"U if arqrrT f«~Hfff CfiT ~Tf{Sf~ Cfi~ ~ ~« Cfi"T I!IT I ~«~ Cfq) ~ij'~IiTrrT ~ ifrq ~ llCfi«~ If)) '!'Jij'Trr qt~llfT &, fiifij't' qtCf (i l~T ~) qlZ I \ifTlf~Tq' q~T ~~ f~~ ~lJTt ~~ifl if ~ \ifT lfe:~ Cfi"Tlt'f q~ I f~i=~ ar1-r. fij'Cftf \if) ~en: arT~, CfiT I ~~T;:p:rQ. ffqCfCfiT EfiT IZfT fCfi" Gf) \lr '3'rriF «TIZf \11 tt~T ~ garf, ~f'li;:r ~fGfl ~)~ anii arrCf)"\ fiij'~) :q~Tt:tir, ij'"{CtiT"( GfTff ~~1TT'lT {r «1=Gf"fhrCf ~) ~~ ~, CfiT "{~,!lJTt i{ l{ij'T ~)qr, ~f~'i ~ ~«f~rt ~~ GrTer Cf)~'l"r :qT~aT ~ I iifTlfe:T~ \3"if ~rUGf ~ij'~lJT'tT, fT)~crT\ifT, i)"q:;fl{C: CflT f\ifl=Tte:r ft 'IT ftf)«~.. 1947 qUilT ~ f~~ «~Tlflp ~nrl I iflfTfCfi it' * GrT~ \if) ~~Cfi it ~T -alllU ifir ~«~"rR f~;i~(fr'i ij a'T'l'Tllf ai\'~ OTT\"I''I' ~r ar)"( \il'TlI'~Ti q\"Ta' ~T~T if 135 Wok! (Amnd.) Bill AUGUST 27; 1984 Wok! (Amnd.) Bill 136 q~ q~ l1~ U\if!lTrr'T ~ I ~~t q~ ~T 0 ~T 0 ~ 0 ;f ~~~qT~T;:r ij',{;PT~ ~ l:f~ arift~ CfiT fiil'~ t ? q-~ ~q:a- Cf)T q"t:q" Cfif(i ~r ;PH\if C'\ ifi ~. iTT f~ ~« lTT;r~ it f~ IfJ'!;ft . ,\Yefiit' ~ T arPiEf, T t'flfT ~Cfi ar;rcH ~ ? ll' q"~;: ~'fT~ lf~ ~, ~'dl CflT'!:iiT 1~ ~, oriS{ efi~rrT :qT ~ciT ~ fCfl ~tr2fi ~~ I ~ij- f~flrZ~Ff CfiT qTq~T ~. ; ~U it. ~ ~ V;«~T f«lfHHf efiT l1T~~T "~T a-arqT~T ~T ~r ;rrf~~ I ij''\ ttlT~ itt tfTU ~rn.,T :qT~ a-, f~;:~t~FT"f)T f«;:~'\ at'iWT ar~cr lf n:: Ta ~ I {~if; ar~TCfT Cif}T;:r~1' ~ ~irZlf, ~ « ~~Cfi ~ f.,;:;rT~ arT~ ijf) ~q T~ rrT~~Tfq;lft ~) ~Q:T ~ ~ij' !!~ifl it t .~t tt\if~GfT \if\if~Pd" &, "rriflT If'fFf ~, ~~ 'qT n-~EfiT"{ :qT Q:CfT ~ CfCfq:j \ifTl.T~r~ q'~ Ef,a'1f q"'\ "'~ CfiT arT\ifIf T~ '\ T QT rrT I if)i\ifT 'il~aT t • ~fCl1., ~«ij- iifT iioT'i\;f ~'1ctt Cf·[ ~t~T :qrf~~ I f'1<:fi~a- ~, ~ij'~ ar~~T«To Cfi) iu Bl'Tf~~ it, lf~ ariif ifl"{., T :qT~Cft ~ ~~T ~ I Cf~lfCf) ~~~ c!+!{=tu f1fi'~lf f~ \ifQ:T ffctl CfiJq:j Cfifllll;:n: CfiT aT~~Cfi Et;, q:jTlf~ OfTCfCfiT fq~ff ~ I it ~l.T"{1f'f t, ~~ t ~Cfi rrp:r f~lfT ifll T ~ OTT'\ OfTq;?t «T~ijf , arTqif; iiff'\tt arT'i~Gf~ ij" !!\ifTf~w 'fi«it GT ~~Gf"{T i=r q' l f~lfritG :( IV~) J.tf'~)~U? , ~ l ~I t~~.J;:,! Jif/"~""~Z. ;_, :r t )?~vj~~JvIVJI)~ II~~:· .+-~J)~~t..V(Jj".,q I'r' ~ :; ._:, :_,~vtYfL-j,.){;~~t. ~ .- ) , O}&..,/I t ~~~~ ~~~ {~V'J • /" 4 • • "I ~ , _~), 4,"':~~~II-'dI.I}'~ 4- J PI4/JJLrlJ lf~~Y.3L J~:J~ .. }.~iflll ~v::v:J.. ~ Lt! ~.I. f "'-~ V ~ V. ,:,","l.# ~~ 1(/ ",'1;,1 ~L,.jj J,., :d..L..4f;t.i-v,i-, ~L • .., • ft' , )~~~ ~~; ~)~ /J:L(.0""),i f '?:ll~ :if,;,"':~v~(!Ji.J; ~~> ...;:.., ~J/Gf)":.))~J)JJI0~.1 ~'(. LJA:i?J1 ~·vJvi-V/;"J J~ (lIJI - . t· "'"... ;(Lv~.J ~ J;(4-~/~ JL~ ~J'" j tv: . ~)j~ J ~.,.p'\/I.' (#I V;£./e;"cf7' 4 ~tJJ: ~ ~Jc" J~..r':'fvl U", rd~Ij~t:"~ ~y,.. ;4J~ -*·~jv; IJi/'t/ - .. ... '1jJJ;:~ G~v:J.~~J)'_'; ,~,;,_ ~~~L.-Lv l C~ J!j~(,'~)i- .. j_v~;_;j- - t!/v1;;V"Jjr~,fJ'i . v9/...::--th)4-.) I 'd.:~!j 4).J 1 j U'h.~' · W~v./~~J~)JV~JI/: . .. t!tL)~~01(.;·J.'-{(~~U' ~L4J~ I tJIJ'(~11010v{ 'p~;I~v./J~c(V;~c/'~ IfJ~ (., '-1 ~0 '7 - ~ ~ ~. ~ !{JJJy, c..f ~ -:.iJ ~ ~~ jJt..;AJ, '.;" r ~/~)J' ::f.' ~l::;: ~;'l,i'::J~I.I;J/'.. LJ;V Lvi ~~, ~~2r0'{V!(/'1 '7-tJ..r~~II'I(~ , )) ~~Jv:v?))r"*,J~·~J~. ~:;'U~./ ' LjJ'I)/~L:lJ;'v! Ll)l,~~d.~t)~~~~' ~h~ . ;.) j;.J!;,/tl J d; -: Lv;' ,:_.'!/ I) .. f{~ .. 1w:J >j)L~.L'; ~/vl;' 141 Watf(Amlld.) Bill BHADRA 5, 1 06 (SAKA) Wakf(Amnd.) Bill 14'2 ~ C V~}~""'~~"JI ~I"v,,/2' l '-hl.'t././('(~- .. LJ.'0;!;. ;~) ..:.1) 4:'J~Lt J:J~}~I,j ;;.~J/v: .l li~. vL":_~4"::'~(f~~o~Lf'. .. ,. ~ ~r· ;}/(,,:,'Ii,"~J4-{o/})VvJ;/ vi'}d. ~ (~\~ j L ~ .t..j; r.} J& uI :- ~ ~ jvfC:4{~: ;:~h); ~ \fJv;f~Li)?v~,J;'~J:){ ~ .:ti" 1iffdJ~fv~)~ '0' '.&::-4/;(.)) ~w/;tr~,_r,6.(,)~~ vt:::J :J!L~J L~;tjG-L~ J ~Z J L.("--"? .e.L L.i-r; j?L.U /;4' _ _ .: ~ .. -t • _j_f~;,L ;_ LlPl /.:)}) JL)·J;I. 0 ~ '1'-.~~)~~I';,~~~jJ) v::-(o;:~ t(vllvj~(~G--V:0 -{i [(c.ffvJ ~~/J I';', If'' J~~;' i!!J)();}{ t./.~ !"J' ,-,-~r'o ~-/v.. J), ~/.;,it .I'Yv:v: . ;/ ~ .... ,/.. .1/ ". ~ I ,"-'Af~ c:...~' J~} v~U' JJ",. ~I!, 0 . ~v/l4-if~;. ~ti L4 J-"~ t ': ",Lv-:; j, ~.I"Iv'LJ~ '0' L-L~, .. 'l,' j~it(;) ~ J ~V)~ 6) ,~o~ VJ'c,}L.% ~/4-j'" 'W (v: ;if~£~j'l)~,!jv)fY' ':;)'!iJ: 0 ~ j .!,J ~ ~ ~~ ~~(1';JIIv~!~ ;d,LvlJ! - ~ , (/; 10 I j'T:/) 'dj 'c(~ '-(' of disputes, questions or other matten '-'v~tl",::(.V.V:)~I(~)r relating to wakf property. This particular tribunal is to be created by ~c.J.q;~U.V'lj~~~~ '. the State Government. 4r-J1ifJ7.tI! ~J)~J A very peculiar situation arose in Rajasthan. In front of my house which SHRI SATISH AGARWAL(Jaipur): was being occupied by me as a Member Mr. Chairman. Sir, I don't have that of tbe Legislative Assembly (or 15 much authority to speak on this Bi)} as years in Rajasthan" there is a very huge my other learned colleagues like Mr. wukf property which may be worth Ibrahim Sulairnan Sait or Shri Gulsher crores of rupees a~ on date. A suit was Ahmed have spoken on this Bill. I filed by the Rajasthan Government would like to be brief in my observa. against the Wakf Board. Shri Barka tion. tullah Khan was the Law Minister. I was approached to appear on behalf of As it is said, it is better late than the State Government and be the never. After all, this particular measure counsel of the State in that particular has seen the light or the day after the ca-e. I expressed my inability to appear report of the committee submitted on bohal f of t he State Government be finally in 1977 which was appointed to cause I belonged to the Opposition. I look into the grievances in 1969. I am said, HI am not going to ac:ept any brief also happy to note that the Hon. Law on behalf of the State Government. I Minister had a series of consultations may be misunderstood." Anyway. I was with several Muslim Members of both very much pressurised to accept the brief the Houses of Parliament. and I was a lawyer on behalf of the State Government of Rajasthan which was headed by late Mr. Sukh;'1 dia as the But I am sorry to say that unanimity Chief Minister and Mr. Barkatullah could not be reached on many vital Khan as the Law Minister. Now, Mr. i sues as have been brought out on the Barkatul1nh Khan was the Wakf floor of the House by hon. Shri Gulsher Minister also. You see a peculiar situa Ahmed and many other Members. Any tion obtaining then. What is the remedy way, I hope even at this late stage, the for such sit ua ~ions in this Bilt 1 The hon. Law Minister would consider some State Government of Rajasthan filed a of the important suggestions that have suit against the Wakf Board aod that been made by the hon. Members here suit is still probably pending in the on the floor of Parliament. district court. I appeared on behalf of the Sta' e Government of Rajasthan. A Now, I find particularly one lthing lot of litigation is going On. and that is that there is no denying the fact that the Wakf properties are being Primarily, the complaint was that completely mismanaged. There is a lot wakf properties are being mismanaged of misappropriation 'and alienations are and these are being wrongly alienated. made illegally. The very purpose, the The property worth a hundred thousand . laudable objective" of creation of such rupees was given on rent or lease money Wakf properties and the enactment of ju t for Rs. 100 or Rs. 150. Even now such a law has not helped matters. I received a complaint from a lady in Jaipur which I, unfortunatelY" forget to In this connection" I would like to bring it here. If you like, I can pass it draw the attention of the Hon. Law on to you and my hon. friend, Mr. Minister to one particular aspect of the Gulsher Ahmed. Sbe is crying ' for matter. There is Clause 51 which justice. She has approached the Prime amends or which incorporates a provi Minister and she has se.nt a copy to me. sion with regard to the appointment of Hut I did not de1iberat ~l y middl.) into tribunals for the speedy det rminatiQn the affair particularly because these arc 1 7 Wok! (Amnd.) Bill AUGUST 2Vi 1984 Wok! (Amnd.) Bill 148 [Shri Satish Agarwal] SHRl SHTISH AGARWAL: Then, I am very happy to see that the things are being set rigbt. very sensitive issues and particularly because J had represented the State As I said in the very beginning, Mr. Government of Rajasth an in that case Ban atwalla, I am no autho rity on the against the Wakf aard. The charge su bject. Bu t, I was atone stage very against the Wakf Board was that they closely associated with the case relating took money i1lega lly from many people to wakf property which I r presented on and gave the property to certain behalf of Rajasthan, not in my indivi persons ... dual capacity and, so, only on that basis, I am speaking something on the SHRI GULSHBR AHMED: That Bill. is why the institution of Commissioner. I say that this Bill is one step SHRl SATISH AGARWAL: ... who forward at least in setting things right. were having some say in the Tuling If it does not satisfy my other cliques in Rajasthan just for Rs. 100 or colleagues, [ am sorry. If their view Rs. 150 or Rs. 200 which was worth points ha ve been accommodated jn this lakhs of Tupeeh particular matter, that would have been much more welcome. This is a very peculiar situation. Now, the position is that if you reany auction the property today, it will fetch One more objection has been raised not Ie s than 5 crores of rupees. It is by Shri Ebrahim mlaiman Sait and Shri on the main Mirza Ismail R oad. Ther ~ Jami lur Rahman WIth regard to the Is a mosque situated in that Particular period of limitation. The period of property which is so badly managed. limit ation has been pr .cribed a!'\ 30 NobodY would like to go to that years. Now tbe income·tax law provides mosque. You will find all kabadiawalas; for four years for the complet ion of petty mechanics shops .. motor workshops assessment. and what not. It is such a sight you would not like to see it. You cannot The law with regard to the adverse imagine a mosque situated in such possession in individual cases this is 12 surroundings. years and for Government properties 30 years. If you do not make any provision, This is how the things are grossly then the tendency would be not to file mismanaged by all these Wakf Boards any su it for eviction of illegal unau in various States to which the Govern thorised occupations for 60 years. Then ment of India nevcr paid any attention the suite will be filed in 59th year when and, unfortunately, no serious attempt it will become a fait accompli. was made so far to set things right. That may be the intention behind SHRI GULSHER AHMED: Now this particular provision. Otherwise, I it bas been done. personally have no objection. Some times they keep a mandate on the SHRI SATISH AGARWAL: That executive authority to take proper legal is why I am welcoming this measure. action within the stipulated period. Something is being done at least, if not Otherwise~ the suit will become time to the entire satisfaction of my Musli ms barred. That seems to be the intention friends. at least a step in the right behind it. direction ••• Personally, 1 do not find any very SHRI GULSAER AHMED : It will rigid objection to thi particular be to the enttre satisfa~tion , provisi9Q of limitation bqt if t~e hon, I t 49 Wak! (Amnd.) Bill 8HADRA S" 1906 (SAXA) Wak!(Amnd.) Bill 150 Members feel very strongly about itl I these Wakf properties as their am not particular about it that way. individual properties. They arc mis managing them. They are making lot of So it is for the Hon. Minister of money out of these properties aDd the Law to explain the position in this Poor are decied the properties. Tho e particular behalf so far as these provi who have gifted these properties with sions are concerned. I have personally very laudable objectivesl their dreams gone through the various other provi have not come true, that way. sions of the Bill. I sincerely wish this Government to ~i ii1";rrT ~ tfil~ : ~~ijr\ Ul~Gf take more effective measures and see that the provi ions of this Bill come 3 0 ~T~ :qr~a- ~ I \3";:~t~ Cfi~T ~ f:f) into effect as early a possible and are f~fqi~;:r 30 UT~ Cfi~ ~T \ifllf I implemented sincerely. SHRI SATISH AGARWAL: I am ~ ~o ~'q' tT)qT~ ~~(fif\ifT1{T giving my own reasons why it should ~TG) : ~1flT':rfo ~~I~~, ar~T ~r CflT~~r be kept as 30 years becau e previously under the Jaw, the period of limitation ;:r arC1'fT CfCfiU~ it Cfl ~T ~ fen tr (fiT~ for governmental properti s in order to ct:T a~q) ~ CfCf'll ~)i it ffflfTij"ff ~T~ ba e any unlawful possession or title by adverse posse sian was 60 years which \ifT ~~r ~, lf~ fGf("~ iT~a ~ I f\if6' has been reduced to 30 years now under o"{~ Cfir d~~"{ il q~qG' fQ:;~faFf it ~, the amended limitation Act. craT ~Cf;filG' SSfT CfiT~~r Cfi) ar1~ fCf)m SHRI GULSHER AHMED: That ~~Cfi if ;;~T fl{~rrr I ~tr~~T;;t or) ~ is why I have put it at 30 years. CfCftfi CfiT snq'cT ~ GTT~ it ;r ftrlli SHRI SATISH AGARWAL: I am ~«~~T;:r ~~~T CfiT 3Tq'~T ~Tlf ~~T ~, supporting you that way. Otherwise, people will not take any action for ~f~~ ~fT ~T~ij" ~«~ iT+Gf ~ T;r Cfi) oqT evictions. T bcy will wait for 59 years. ayq'fT "{T lf ~~1 ~ I Cf.t~tf qT~1 ':t~ ij-~~~ q'TG'T ~ ar1~ \1ij'~ ij"~p;r ~tf\1" - PROF. MADHU DANDAVATE: Is the Han. Minister accepling that ~ Tijt <:fiT \iffl1GTG CflT f~q;f\ifcr CfiT Cf~'ll amendment? i5;l1TGT ~l1T;; ~a- ~ I SHRI JAGAN N ATH KAUSHAL : I right. iT~ fijf~ f;:r\ifT~T~r~ it CfCfq) CfiT (fiT'llT SnQG'Tijf ~, \if) alSo associ ted with the discussions when he was a member of the Consulta tive Committee of tbe Ministry of Law an~l1 ~t;r ,,;:rtfiT ~it -~f~lTTG' '\:~T and Justice. The Members of the Consu lative- Committee of the Ministry of "fT I f~~ aih: ljij'~T~ ~'lT \3'q ~~Ti1T Law and Justice made sev -ral recom ",) ~ ~ ~ I ~ij'~ qtfq.j cpr ~?r OlTll .. mendations to the Government. I fail to undcrstr nd why those recommenda ~~T ~ITr I tions were not incorporated in this Bill. W e had long discussions on two or three "tftfi cpT sr1qC:T\if ~ ~T=t it q'Tf~lf~ occasions on this issue. The Govern ment has brought forward thi Bill at aTTq; f~f~Z1lTit 2 0 ij"T~ ~ I if ij"l1~CfT the fa g end of the session, and due to ~ fCfi \rnCfiT 30 ij"T~ Cfi,\:~T Gf~it~, lack of time many Members m ay not be in a position to express their views on ffTfCfi iil) \>f)IT '3';rq',\: Cfi;~T fcli~ aT~ ~, this Bill. However, I welcome some of ~ ~ij' GrTff cpT tfiTlTG'T ~ \1OT ~~ fCfi the provisions of this BilJ. '3''lq,\: ~~T~T 20 ~T\>f ij- Cf);\ifT lff\>fT The Amendment concerns about 15 arr ,\:~T ~ I ITCftlitc: 'fiT sr1qC;T ~ f~~ cr I e of Muslims living in Indi:l . The lT~ qTf~tT~ 60 ij"T~ ~ I qCftfi CflT pI opertics of the Wakf Board attached to M squ sand r lI-fadarsa' have to be sf(q'if~ ~ f~~ 3 0 ~n~ <:~T ~gff properly regulated and the revenue of iil it ~ I atrr~ ~T flTf'l~c~ ij'T~~ ~~ the Board should be increased. Unfor· tunately, tbis minority community has GrTff cti) ~Fii!.~ Cfi~ ~, aT ~gff ar;;,(§T not been able to improve their economic Q)tTT t condition and social condition. The Wakf Board's activities concern many P..iT CfiT~~ ~ Cfi~T ~ fCf) ~T\if sides. Particularly, they run educational institutions and other religions insti ;J f~iilG'T if 'lllT\if 91'QT qq;~ ~T \inar ~ t tutions also. ~ij' GTT=t it 1t ~Cfi W~ q~'iT :qT~ffT Due to shortage of funds t hey were ~ :- unablo to run them properly and neither the C~ntre nor the State Governments I:r f~\ifG' ff) GFfT;,ft l1T~ '*1 ~ it corne forward with financial assistance ~1l t cit ~~T~ff qT~l ;:r to tho im titution~. These organisa tions naturally bave to raise their revenue. iFf arq''lT ~"(Fn qPtT ~T , Therefore, the entire management of the Board sbould be vested with the ~,\:ij'T it 'l~T\ifT CSf'l ~ ij"GflT I Muslims. 1t P..TT CfiT'!.\>fT ~ G'~ijcn~ff Cf)"(aT ~ As far as the constitution of the fCfi lf~"(GJT'lT Cfi~ Eti q~ ~GI' l!ij'twTI1T'lT Board is concerned, it is stated on page Ill) it'll'*" ~Ttt I 6 as to how tbe members are appointed by the State Government, so on and so forth. It is stated, '2 shall be p rSODS SHRI C. T. DHAVDAPANI (PoJIa possessing administrative experience and chi): Mr. Chairman, Sir, I would )ike knowledge of Law. It is not known to make some brief observations on this whether these persons will belong to Amendment Bill which has been the Muslim community or other than brought after a lapse of seven years. It Muslim community If they are from should have been brought loog before. the Muslim community, I welcome it. The Hon. Minister of Law was also If it is not, I differ from it. The simple very much interested 'in bringing for· reasons is this. In a Hindu temple ad ward this Bill; I know that. He was ministration, a Muslim is not included, 1~3 Wale, (Amnd.) Bill BliAORA S, 1906 (SAKA) Wa~1 (Amnd.) Bill 1;4 In the same way in the Church adminis OUf Minister has Stated and some other tration, a Hindu is not included. So, if friends have also said that rent control it is other than Muslims, I do not think is a State sutject. But I thougbt that the Committee will function well. that we can incorporate some p rovi. Therefore, I would request the Minister to tbrow light on this. sion here suggesting to the State Governments that these properties Same thing about the Tribunal should be free from the Rent Control Commissioner. The Secrotary will be a Act ... Muslim but here on page 2, in th" last but one paragraph, in the opening por SHRI JAGANNA1H KAUSHAL: tion, after tae words persons professing Nine Statt's have already done it. Islam; 'tbe word's or any other person' shall be inserted. So, a person belong Others are in the p roces . ing to other than Muslim community also may be appointed ...... SHRI ·C. T. DHANDAPANI: I am talking of the other States. Then it should be implemented immediately. SHRI rJAGANNATH KAUSHAL : Why should it take time? We do Dot Kindly read Section 13 of the A ct. No know when the next am ndment will person who is a non-Muslim is quali will take place. It may also take an fied to be a Member of the Board. other 7 years as it has taken in this case. That is why I am saying this. SHRI C. T. DHANDAPANI : That is what I thought •.. In that case that is Same thing about limitation. The all right. limitation is 30 years. Our hon. friend, PROF. MADHU DANDAVATE: Shfi Sat ish Agarwal who is a learned He is speaking on the basis of some lawyer, has said . that as in the case of rumour. property of government, here too it should be 30 years so that eviction PROF. N. G. RANOA: ... or problem may rot arise. As far as my some false bogey. view is concerned, if it is a property of SHRI C. T. DldANDPANI. It is any religious institution, I do not think not a rumour. I have read it in the the limitation should be there. I was beginning. If you say like that, it is also on the Board of a Hindu temple all right. I only wanted to get the point clarified. administration. We have no such limitation. The property of a temple Then I come to unauthorised .occu. means the property of t1 e temple ••• pation of wakf properties. There IS u~ authorised occupation not only by PrI SHRI ATAL BIHARI VAJPAYEE : vate individuals but also by govern You believe in religion. ments. Some of the State governments have occupied properties of the Wakf Board. In that case, the Government SHRI C. T. DHANDPANI: Same should see that the proper rent or should be the case in regard to church lease amount is given to the W~kf Board and that \ 00, with retrospectIve properties. That is the property of the effect. church. , Therefore, there should not be any limitation •.. Then Members have also voiced a AIRMAN You hav~ demand that the wakf properties. s h ou ld MR. CH : be - free from the Rent ContrQl Act. • made the point. 1~ Wak/ (Amnd.) Bill AUGUST 27, 1984 Wak/ (Amnd.) Bill 1 ~6 SHRr C. T. DHANDAPANI: About the salary of the taff members of the W c.lkf Board, it hould be met arraf.,zr'f ~Fn ~r ;a-ij'it ~w)er;:r Gf)~;r from the Cons lidated Fu d ('I f the State Government, and their sala ry ~ fc,;rq: ~ 11 T~ ~Til;r ~hT)~;; fcra-lflf; scales should b" on par with those of 5ff~ff ~ , 1954 ~ qi:ftf; arfaf.,zril ctiT the State Government employees. A. far as the Commissioner is c nc rned, q~~ '4T aT., GfTT ~wTf'fCf fCl)~T i1fT a provision is there. It is stated here that they are all public servants. If ~;PT ~ ar1~ tr;~qff: lf~ :q1~T GfTZ we treat them as public servant, n'ltu rally they are entitled t have the ~flfTtFr ~) \~T ~ I q Cfq) CfiT i1f) trl=qf~ same salary cales as those of the State Government employees, ~ ZifT CfiltfiT ~9r ~{g'n if ~, Cfi'\T?1 ~q'~ CfiT ~l=rrf~ Q:\ ~Filf CfCfq) Gff'i ~ 1{rCf~Cf Then the Government, either at the ~qCf)T ~{p:rFr iTtf} 5I'ifl i ~ ~ ar~q- centre or at the State level, sbould t bring in orne amendments to pi eV0nt l1(fTcr~f~p:l'T ~ PH<{T ~ f,~ fF.f1lfT Wakf prop rties b i!i n u sed ag.linst tho religiou entimcllt ·. orne undesirable ;Jf'TfT , -lT~T ~~T.f arTff ~ij" fCHllfCfi if ~/ activities arc taking pl ace. For example,. the wakf property is bl;ing u ti li sed for ~ij"r it l1T;;m ~ I con 'truction of a cinema theatre. Sam~ way the w..l kf propcrtie are leased out for opening liquor shop and they are Ol\lT fGTfer lf~ ~ f Before I conclude I would like to ~ I il'gCf ~Tt ~r;r ~{-CfiT;:r'iT cr,\T~ ~ C\ say that the annual report of the Wakf Boards should be discussed or placed \3'ff 11\ Cfj$\;fT \iPH ~a- ~ I \ifT s{~.'=f .. before the Statu Jegi latures. I would request the Minister. Since this is a ~ dl ~T~ ~ IT r :!Cfq~c,;rT f\if;:rCf1) tf}~T central legislation, th6 Par)iam~llt \;fT ~Tr ~ lfT ~f.( \iff SfGfi=Cl By saying this, I welcome the Bill ~ tfiTl1~ ~ f~q: fCfili T \ifn~, crT Gfgff ~ on behalf of my Party. CfiT~ ~T ~ Cf,ff . I ~tf o'fT1{ ifTar q~ MR. CHAIRMAN: We have ver fcr:q 7" Cfi;r it' f~~ \ifT:q' ij'fqfff 'qT shot the time stipulated. So I request the speakers to very kindly make it as q~r q), ~~;r ~l~ arrCff~+ f~q-Ti ~T brief rs possible. ~T I '3"« ar;af~l1 f1.. qlcf coT fUq)Tf~WT Sbri R amavatar Shastri. 91) B"~CllT~ ;:r ~~t~T~ if~T fctilfT~, ~ ,{''I' aT( ~l~~ (ere'll) : ~nn f~~Cf,f ~~T~ ili=~') \iff it ~'T ~ I ~U erfa \if). It ~~ fqcT.l[Cfl ~T ~il¥.f;; ~~a f~~ It ~B" GrTef q~ \if)~ ~~T :qT~ijT ~ itt ~~ GfT~ anq~ iT~T ij'~CliT~ ~ fCli CiCfq:; ill ~n« f\jfO-il') «~qfto ~, \3"6CfiT 157 Wak/(Amnd.) Bill BHAORA 5, 1906 (SAKA) Wakl(Amnd.) Bill JS8 ~~ij'TT~ ~)tTT Cf1T ~ 6.a-U ~ f~~ fefi~T ~~T Cf~ ~ ~r Cfi~ / ~n~r ij' ~T il'TCfT ~T~ I it ~gCf «T GftT~l q ~ GfHH ~ / ij) etiT ijfFfCfiTft ~T ~~ I Cl';(, \5f TCJi~ a-~ ~f9cH ~ f2fi llffiif~l ~~~J:rT~ cti~ ~« 'foT ~r «"(CfiT~ IJ~\WI'T iifHTT t, f\iJ'o;rr ~Pf~) ~, aT ~« it; iil'gff ~T'q ~) ~rEfi€t ~ I 159 Wok! (Arndt) Bill AUGUST 27, 1984 Wok! (Amdt) Bill 160 $Sf) r ~ i1'{!~ (;r~~) : llT'1'lTlf \1T ~, a-T \1"T Cflfll~ :q~ crT ~ q"{ ij'\T,qf~ \ifT 1 CfCRi ~ m it \ifT ~)Cfl ~7TT trtfim ~, \jtr ~ ~~C~~lTff;:r Cfl) ~!lTT$l fcriTl1Cf) ml:fT ~ 1 l1Q ~~ ffll:fCfl ~TCfl ~Cf)CfT ~ I ~'iT ~fuCfiT~ i:flm~ a-T 'i~r ~ fCf) ~ij' CflT ~~'i fCfilfT \ifTl:f I cpT CflfT f~lfT iflfT ~? m \if) itrm' if ~~T ~f~iT Cf)Q ~T ~ fCfl ~llT~ ~f~~ll Cf)~, ~ i:flT ~~~ ~, ~ ~ mT'li ~11. tfTiif ;r iifT ij'cf -ij't:~ ~!l=q.:Gf ~i:tu~ it1~T ~;r CfiT ~f&CfiT~ Cl)flr!l'i~ cpT f~lfr ir;:c ~ f~ GT qr I lTFFfTlf ll~T iifT ;r GfFTT ~\1T f~~ ~mr 1 ~fCf)'i CfffiTP-rCRfT lf~ ~ fCf) fGiT ~ CflT rn 11Cf~Gf ~, lfQ 9;f~Cf) ~ij' fcriTlfCf)' ~ ~t~~ ij'~Tlf Cfl) ~TCflt~1T~T aif~~Cf) ~ eflfT ~OTlfT iifT ~ ~ ? ~fCl) Cf)T 9:fa- ~r ~T;r CfT~r ~ I ~fCf) ~Cfln: ~ ~lllf ~TCfiIDf.:~ ~~ \joR Cf)T ~~ fcriTlfCfl i:flT ~T~ ~, wf~iT fcrft& Cl"T q~t:~T ~ q9T ~, ~ij' f~iT TffTlR ~ Q:m 'i~ CliVIT :q~a-T ~. 1 Cfill B" 'fill mtf ~Cfl Cfl~ ~ ~ ~ I ft ~r trl1~T ~ fCfl ~ij' Wf)R fcNlfCfi ~iT crT ~~T , ~f ~ij' fqiTlfCfi it Gfl'i Cl)"T fcrm-lt ~q ij ~l1R ifT'i'iTlf ~~ ~T Cfl~T Gft Cfl~ ~fu"cTir~ 'i~r fGiT ~ ~ I Cfl~~ ;r iifT Cfl~ ~, ~ \1"T :ql~al ~ fCfi 'itf fijfij' Cfl) m CflT ij'~~T ~TlfT w:rr ~, ~T m-lf ~ mtfCfiT ~"lTFf m~ ~. I ~f&~ ~ ~ qTij' ~ I ~Cffi'f 21 (~T) mi~TfGTCl)~ futftiitc ~ qm \if) 11ft:\if~ \if) mer \ifT9 ~~ ~ ~~ ~ f~~TGf «CfCftfi ~ F;r~ mqit U~Tlf ~ccr CflT ~1fR:€f m lf~ Cfl)~ ~)("lf~ If;ff.:n:rij11"T q'f~ ~tf~a- ~, \j~ ~it~~ ~ ~ it . ~ fClim 161 Wak/ (Amdt) Bill BHADRA 5, 1906 (SAKA) Wak/ (Amdt) Bill 162 ~T~ fCfi~T \ifTu I ~~ oTCfi ~ ~fCli;; ~~~ ~ ~~Cfi) q~~;r Cfir \iff;;)' :qrf~~ fCfi zr~ ~T?1 ~T ~;:~ ~\1fT~~~ ~ '€'Cf it '1T ~GfTGfin: qeftfi lfiT ~l=qf~ ~ I fCfi~ \ifT~ ~T~ ~~ ~~P:r ~ ~Tift CfiT ~~"{r ifTCf # <1~ Cfi~'lT ~~f~ ' ~T"{ ~r '1<: ~~TC{(f cti1:~ CfiT ~\ifTGf(f ~T \ifTJ:; I ~UCfiT ~l~ '+TT arg([ ~ ~tijT ~ efi~T , ~ ~ ~l];~Tzr CflT ~TCf'1T Cf)T ~GfT~ ~ :q-P:r~ ~U f~lfCfi if Cfif+r~;;~ CfiT ~ij"Tfi1Cf iJ1T~ ~~ mCRT ~ ~Tq ~<:Cf)T<: CfiT eflfrmT :qfa'Cf.T"{ ~ f~ ~ I Gf~ CfCftO Gfli en filfi~T ~ Cfi<:;;T :qTf~~ I it ~epT~ ~ Cfi~T ~r 5ffCff'lf& ~ iij'~ Cfi) ~)Gf\ ~ ~ ~efT ~ fCfi ~ ~ij" tT~¢T;e- if Cfi~;r ~oTlt UCfiCfT ~ ~1~ ~q;;T iilTCf :q~T ~CfiCfT ~ I ~1<: \jJ) ~Tlf Gf~ en: GfT ~niT~il, C{ ~ ~ m~~T ~ Cf~ m'{ ~CfiT . (c) if implemented, is like to- ifT~ ~'i ~ ~ T ~T I ~;:~T;r ~f1 fqqJ.TCfi CfiT ~;r~;; CiT fCfilTT ~f~ ~ij'if \jr ~~ \ifT (i) cause rinancial loss to the Board or to the concerned ~ .:> f~'it srCfT~ ~~ Cfin:ur if ~~ fqQ"lfCf) wakf or to the wakfs CfiT ~11~;; ~Cfi(fT I (ii) cause danger to human q f f~ , lfQ: fqQ" r.(Cfi fiifi'i ;:;rT~TT ~ f(it:!; life, health or afety, or ~Tl.TT lTlfT ~ ? lf~ fqQ'lfCfi GfCfq} ~)i CfiT (iii) lead to a riot or breach ~~qfu CfiT ~~~T~ ~ ~1rr ~~~T;; of th~ peace. or ~~'SRTl:f ~ f~t:!; ~TlfT 1TllT ~ I \;fGf (iv) is not beneficial to the ll~~;; B'tij"~ ~T ~ff f~lfCfi Cfi) CfiT~T Board or to any wakf or ~T ~;r~a- ~ efT f~B' ~Tm\ q''{ ~ij"CfiT to wakfs generally." ~;r~;; fCfilfT \iff', r.r~ it ~l1~ ;;~T CfT mer;:' ~~ ~T~ ~f&~ ~ f~lr ~ fer, '{~T g' I ~., ~m lfiT iij'm Cfif,,'!1'i~ Cfi~T , ~cr~6f ~ar?t ~~ j)- zr~ Cfi~ijf :qT~ ~ fCf) lT~ ~ fCfi CfCfCfi arti it ~) ~Cf~ ~~lI' ~)rr ~;rT~ ~~ ~ fqf'fl;:;; <:T::TlfT if fiil' ([;;T 'flT ~ ~¢I' fill;;T m~~;rff f;;~lf ~ ~it iJ1T~ ~ iiiT ~P:qf~T ~ CflfT ~~Cfir ~~ r -\ifTf9T iiifJf~~ ~;; ~rft :qT\ifT q~ ij'f-q -fq :qT~ Cfi~ . ~~ q-T~ ~ I ~trCfiT fer~C!Cf ~ ~ ~cf~ur 'Jq;~ f;;~lf ~ ~lfT I lI'~ ~~ ~'flCl ~T ~~m \;f1'1T :qrf~tJ: ~~ \jfT Cl"q) 'liT ~~qf~ ~~rrT , it ~~ai ~ fCfi 'l~ ~~T 'lm!fiT"{ 163 Wok! (Arndt) Bill AUGUST 27, 1984 Wo.k! (Amdt) Bill 164 ~f\¥f~ f~lIT tJ·lfT ~ f'll CfCftfi 'liT ~tqfu' ~ iifT~l;: ~ ~OfT ~Tf~~ I ~ij'T in:T fCfqR q'~ ~Cfirft 9;ff!:lcFR ~T \ifT~ ml;: Cf~ ~fiT ~ I lf~ \1'T ~ f:n ~flf ~<(cf~T CfiTipf ~ IfiT{ CflflT~;n: ifi 'fT~lf'f ~, tf~CfiRT Cfilf if:q~ ~ f\'ftJ: Wf"{ CfiT~ QCf'l) ~ l;:~T ~ ;'{r~T it. m~lflf ~ ~ \ifT~ I ~Tfu~ ~ lIT f~ tJlTT ~ <:fT ~ij'Gfit ~)'llT \ifTifT (f) fCfi~T 'tTT ~H~ ~ ~~ ~Tt=JT ~T t=J~T :qt f~~ I ~ 'ttl" ~(iT ijfFIT :qTf~tJ: f'll f~~ :qT~Q; I tr~CfiH c.tCf'l) CfiT ~qfu ~ fCfi~T 'J:'E1 'tlrqijT ~ ~~Cfit ~Tfq~ fCfi~T ;PH ~, 'l'r CR:~ CfiT ~f'C1cf)T~ ~ CfiT fcf:;n"{ t=JW ~ ~T ~Tt=JT ~Tf1r~ I ~1f"{ fCfiij"T olffCRf ~);:rT ;;rrf~~ I ~ fCfi'ij"! 'tllq;fr ~ CfCR1 f91lTT ~ f;J)"{ \3'~ifi ~f~Cfin:T \j~Cfir qr~., 'l~T Cfi~~ ~ aT ~tr~ ~~m lf~ ~T tJlfT ~ f'll ~. ~ 11~ GfiT ~Hi{r Cf.'t 3« ~~cn ~ I ~~f~~ CI ~~)~ ~Pl1 ~T ~Cfl ~ I ~«f~lT ~"c ~~1~ ~~~T ij'~T \jqlfTrr fCfilfT ~T.,T :qTf~~ I if; ~ ~T~ ~ if:qR * f~t; "(T\itf ~CfiT"{ ifi) ~T \j'n11 Cfil;:iIT :qrf~u: I CflfT ~ «r 'lifi1!lt=J~ iliT tftn~c:n~) if l{~ \1T ifmliT srmn;r~« f~ it ;:r~l :sr~T \ifT ~cH ~ rrl{T ~ fCfl CfiMi1~ ~~\¥flfrl ~'iT :qrf~~ I ~ - fCfi W ~~ 'liT ~qf~ q'{ '{T\ilf q;r t~ ir~ {glfT~ ~ W'fT QT CflTtfiT t=J~1 ~ I CflIT fum Cfit \i1 eF~~ ~Trr ~T t=J~) 1 ~Tq ~ ~T ~ fCfi ljij'~ ~;:"T ljij"~lfT~ TlfGr~ Cf)'T fif'lT q-~r~~~ 1~ c ~ ~(i ~m ~ a'"{~ ~ ~CfiT f'li~TlfT t;{f&Cfi ~mr :;:rrf~v: I lt~T ~ U~ iifTffT qiT :qT~ ~lfR ~ ifiT .r ij' cfiT~~ if~ ~ ~ ~ij'f~t:t i3"ij' f~ ~ ~1-« m;r~lfCf)~r ~ I ~<:f'lr ~T ~ Cfi"{ il qq''iT tfiT~ ~T QT qT~r ~ I it~ f~~T;:r rr 'it: Gfvr ~t:(f ~~r ?' I ifit:it~,. tT~~ ~ Cf6~- w ~qfu lfif ~rl1T \ifTD:, iRl~ f~lH \;fTtT ~TfCfi ~R Cfr~T m~- r-.lR. CHAIRMAN : May I in form lite House tha t we have already taken i{;:fr ~ ~qf~ lfi) oTCfi C1"{~ ~ ~T ~I thra)hed \..1u t all the points very well? Will )Oll kindly allow mc to let the hon. Mi ni-;tcr to reply '! 1 know thn t there are ~tl tp:qf'ff 'fiT f~flf~'l n;ifi! ~ ~o 111'1ny people here who want to speak. like Prof. Soz and others. I suggest f'l fl1:q~ ~q ~ ~ ~ ~rfJ :qrf~~ I \if&( humbly that let liS round it off ado go m1:~ fqm~ gm at \if) ~qfn CflT ~~ through it. HOIl. Minister please . rn CfT~ ir 1 \ifT mur .~)~Cf)"{ ~~T iJf~ ~ rrit, ~ ~qf~ qcf'l) CfiT ~1 ~ I m- i;f)' ~t ~lT;:f{TtJ ~1~~: ~1.l~ffi1 «T~ 1 f~fl{~'i tJ: ~;r ] 947 ~ ifR' ij' Q:T ~ f~flf~~ ~'tC: qt~T ~ifCfTl{~T Cfiirc;T 'fiT f~ q'ti iTTt 'fT I 165 Wakf (Amdt) Bill BHADRA 5, 1906 (SAKA) Wakf(Amdt) Bill 166 \3"tf f~1i CfiT ar~(T ~ft CfiitcT\iT ~ ftfi"{ 00 ~l"{ V1"TCfi tf\lT if lit?: ' fq\"f ;;t?:T m ~ I ~1"{ ~ftT~ it \3"rr+l qa~ it I CfiTfmr ~T ij"ifi ~T"{ <.fi;:~;:~~ '+Tf~) ~ I qTf~T 'ZCfl 'liislR efT ll~ ~ fCfi q-q:tfi Cfit ~Hr~ li~ ~T f Cfi ~~ fiSf~ Cfit ~iSfT~oc ~ \ifT1:T<:RT ~ ~Cfi~it G:r~<: Cfi"{~ ~ f~l:{ ~Tt fl'fi"{ ~Cfi tfar-CfiircT e:f>T tq)7 fttl'~T f~ tfit {ftf\7;J~ ~Ttfi f~f'f~llT;r ~T"T ~T ~ nrf.,~c~ ~T ;;~r arf~ e:f> ~T iri=iSf"{ qrf~lfTit?: :qrf~~ I ~~W\ tfTQ:iif ~ l1~ 'lij~c: q1 'iff it I ~~t q"{ ~o :r; "{ \if) ~~nCf f~q rrcr, ~ fOf1 mlf~ ~0f1) lf17f~ it ~~ fS-CfiTCfi~cf \fflij Cfl;:~;:U~ g-m 7j'h ~CfoT fq- rrr cr( ZT f? 6T, ~fCfi;:r \q"T'1 aTij' tfffi CfiT f~flT~w;:r Cfl~ fiSf~ ~p.:n ifJ.iT I \jfGf lf~ f~~ U:Jlf tr'+fT ~Tf\jfq:, f~~Cfi) ~\ffl it ~efT!lT ~r~iif;r \IT it fTTtf ~);; ~crT (it 'lT~"{T f~\7f q~ if~ ~cr)c fCfi~T I \ifar IT ~T ltI'if~c ~Cf Cfi~~, ~~~~) ~ fq;7 ~Tqf~ ~oT~ ~1\ Cfi~r fCfi ~ f~ ~~T \T\iT;:~ ~TW \iTT lR'T,{ T"I m \ifT ~qn:T a~;;~T '3" ~~ ;;~r ~)aT I ~'fif ~Cfi ~ ~T ~, ~~f~~ \3"~ Cfcm It ,,;;CfiT 'fA" lTA';:ftlf ~~ ~ll ~ ep~T fep i)-~ CfQf 'qTVCfT I B"ffrc-- U., f~1:TT I!lT fCfi 1;1TCf ~m fq~Cfi"{ \iT·r ~ft ~ir -g ii ::: ~~ ~ ' it , Cf~ i)- qy;:r 11fT I ~; ~ \iTT ~~<:T ~ef liQ: ~T ~ fCfi' ~'f!lT'{ 6 if mllCfHrrr RlTT ~T, Cf~ l.T~ ~T fCfi ~TCfi ~I ~Cfi W~ f~~T gm ~-l l p ~ r on inte it \if) ~it s ir c ~TCf ~Cf "iTif fl1~Cfi"{ ~iT re sted" (iT q~rr ~;:c~fc~S- ~ IiTll;:r ~TlT q)"{ \ifT ~CfiT n:Cf~c 2- iSf~ ~T qr"{ lfCf ;~ itc Cf)Ti ~ ~q~ TTCfi itff it lf6" f~iSfT fCfi'- > , ~ CfiT ~T ~Cf~r: 2-iSfiVf ~t , efT ~ 'q#s-il~ H i:r~ lip L on interested in the Wakf, not (HU ~ ~r I it~ ll~ ~T "~T Cfi~ ~fj \iTt in the Wakf property" efT ~r q""{ ~~ mer n.:~T Cfi of, CfTlTfCfi li~ 'qTq~ if ~~T >rTfrr cf G"T g~TT fep \q"iT"{ ~Cf) rrrrr - ~ft 1J;~T\jf ~) ~'1~ ~ ~ lff({ Cfefto CfifJf !lr{~ Cfi\'1T criifr. er) q ~ t::rCfi. c: fCf'1Cfi~ 9;TT;~Cf~ lf~ tff~~T Cfj~ ~ fCfi ~t, ~Tqel CfCftfi fCl) t=f{f ~T~~ I ~ fc: \3"~Cfi) ~cf Qfif+r'!l~n: ~ if9rrCf.~ ~TiS\51Cf~T" ~, ~~i f~~ ~ ~q~r Tetq ~T~q~ :J;fcrT:;:f.-.:; f" ~T ~ c:1 ~ ~1\ "tr~ ;;ritsii~ cr.~'iT, it \j~Ff;p:~'Fr ~~ iff I ~'~ if~Cfr ~ f~;;;rTtfi i' ~i9"T Cfi\~ fBf~ ~ q rr~ ~ CfT ~ f ~ '3'tf~ 'ffr ~Cf1:fi "fiT iSfl i:1~T~ CffCftf B~ \3'B"Cf.T 'l:fr ~Tctir ~1 ~T c:nr Cf\~ t:?:c:n trr~ Cf.T it ~Ti CfiT tr~f~llCf ~TrrT ~,'\ q~ qCftfi ...... Cfrf\l;fs fJ{~;;r :qrf~rr. I it trJf~m ~ f~ ~ij" l1:Cf~ Cfi ~CliruG: CfiT ~u <'f,'\" +r lR~m~ tnt ~r~~ ;ri;f ~rrT:; rf f;;~r fl1 ~~ ~ ;r~ rrTf~ tf <:- ~T1iT I Q:T ~FH "Z:fff~n; llf!" r:r~"T fc:n Cj~ fGf~!~ rrTftfiH f.T of,T"(~ I Gf~ ?ifCfi "~T ~ I ~tf~) ~ffcf, (jn~ ~Qt ~T -efT;; -'Cfr~ '1.11~ ~T~' qq~ \Tq-;:tl 'flT tf;B'~T rr~ trr~ ~ ~Ta\ ~r 91Qr ~T~ ~, it ~CT ~cnT a'\tfi ~rdT ~ I 'T,f~Fi;:; ir 91\CfT ~., 'r :qTf~~ I ~~YiT tH("q' ~Cfi and li~ ~r~ f~ lT~ f~~ ~T~ l];~~ CfiT 'J;1 if1"llc 'tlT 11Ff ~lIf, \51iSf ~ ::wr;:fr '" tfTriT er.) \TiSfT ;;~r Cfi'{cfT I ?:rfCfi;; tf~ aT 9;Titg~~ Cfi) l1Cf Gfi- ifitrrr I ~r~ ;; :q: fCfi ~~~ ij"T~ G{re Cfl) ifT · (iii) Jead to riot or the breach of peace, or ~)f~c ~"('lr ~ \3'ij"CfI) ~lf~ll;; iI"'lT ~rf~ CfiT ~ij' Cf"{ qgcr ttCf'(r \Jl ~ I ~~f~lt ifTi (iv) is not beneficial to 'the ~11;r ~T olf\if CfiT tz(f,'p:iti'c Cf)"{if ~ iSfT~ Board to . any wakf or to '" wak fs generally, GfTi \1T iSf'iT f~lfr ~ ' ~'h: q~tfi Cfil1r~;;"( ~T if'lT f(r~n ~ ~T"{ qCft:fi Cfif~'!l;;"( Cfir iSf:.lTTlf he may, without implementing such :tflftlfrf ~ ~ij'CfiT ~l=iii"( -~~c:'(r iii'ir f~lfT I order or resolut ion place the matter be fore the Sta te Government along with a 7;J){ lfQ" Cfi~~T fCfi ~fi CfiT f~Cfi~ ~n§crlfrUa' note pointing out the obj~cti o ns which ii~T ~, ~ ~~ct ~ I crr f~~r GfTi ~ ~ T\dfI he has to the order or resolution, as the case may be, a nd the ordels of the State ifl~rrr 3;fT~ :~.ftq:; ~nncp-lf~q ~ltfi ~r ifTi '" Government thereon sha II be fina 1 and Cfiflf!1'i\ ~t~T I \ifT ~ f~ etiT ~);rT, ~ ~T~ ~~T ~H~Cf ;r CllTc ~ ~ 0) \1ij'CfiT ~ffiiif ;r ~T~ qrij' it i:t~ emf ..-fu«f ~ f~c:tffi Cf)T a:lttT cn:~ tr \1~t~ IflitfCll 'f~;n~ ~T CfiTii" ~oT ~ q~ ~ ~ ,mrlf 'IT ifl~ ~ ~ f~l, ~ ~\jf 1A'1~ ~ ~ CflTii Cflm ~ I tit f~ q) ~ f~i=~ ~ ~ffi" ~ 'fTit- ljf~~ ifTCfiT ij IISHll ¥IT fCfi Cfit 'R~ if1 f~ : ~ ~~ fGT~ qm ~~ iil ~ qcrfi fliT m~T~) "'T "But in either case, the dedica tion may be effectuated by the ~~~ ~ ~ ~ ~~CR ~)7rT I qt ll'f ¢onsent of the heirs after tbe it 'fiTf ~ij' arTT it WCfi ;:r~T ~ I GfTCfiT far~~(f decea e of the wakif. • O'Tfli ~) iifTltlTT, ~~) rnfCf) ~F-r"., l:{\il~T m'{ CfiTtfiT ~;:ifT f~~Cfi~~. I do ~, ~ iiflT~, ~ f~~ ~ ~Cf) ~r GTTff ~iTT not want to tflke the time of the fCfi ffiiif ~ iAT~it Ultimately, it 1 the BOll e by reading thi . . man who has to administer the law who mut ters. a-T \1ij' q~ ~~ ~ I ~~ ~ qrij' ~ ~ tTm I qR \il~r li';r Cfi~T ~q; !i;rCfCfTli~T Wf{ SJTq"{ ~RlTr crTi it ~T~it, SJTq~ ~T CllT ij'llr fij'tfiTf"{wTa (fiT ~ ~ SJrtn: Cfiflf!R~ l:{CcH ~;:c ~)iT ~1~ ~~ f~~ W1fiT iAT ~ ~rr ~~ efT ~ ~ lfiT ~i'flfi¥i t) · Claust 6 Amendment of Section , ~~r &fGf~ ;rit ~m {g~ ij'~ t, . ~ MR. CHAIRMAN : Mr. Gulhser ~m ~ f~lt ~1l ~it ~T Cfl)i .,. iflll Ahmed has given three amendments. tfTGfrw'f tffU ~) ij'Cfla'T ~, ifi;Jfi1l4~ iq~q' SHRI JAGAN NATH KAUSHAL: I ite ~) ~~r ~ I ~ij'it mu ~qtIT (fill{ qy am accepting all the amendments to ij"CfiCfT ~ I ~ ij'~ ~ fCfi lij'if mq'CfiT CJause 6. ~ Cflr ~ Gf~a- ~, men: ~T ~lf Amendments made : ~ih: GfGrCfT ~ I ~ij' GlTt it 1lt .lR' it Cflli Page 4. - .' ~ if~ ~ I It is a progressive step; aller line 1. 11lurt- it is a right step and it is a step in the right d i.rectioD. (b) in slJb-section (1), the foIIowin. Explanation shall be inserted at the end. namely :- i't ~ij'f~ ~~~ If)~'m fCfl t~ ~ ~ ij'1f~'i fCfil:lT \ifrlt "E) planation : - For tbe pur pose of this section and section 16.13. hrs. 6A, the expression "any person interested therein" occurring in (SHRI CHINTAMANI PANIGRAHI sub.section (1) of this section io the chair) and in sub-section (1) of section 6A, shall. in relation to any MR. CHAIRMAN: The question is property sp.ecified as wakf pro "That the Bill further to amend perty in a list of wakfs publish the Wakf Act, 1954, as pas3ed by ed, under su b·section (2) of sec Rajya Sabha. bo taken into con .. t i on 5 , a fter the commencement sidera tioo, of the 'Wakf (Amendment) Act, 1984. shall include also every pen on who though not inter- The mntion was adopted. t • ested in the wakf concerned. II interested in such property and MR. CHAIRMAN: Now, the Houscs to whom a reasonable oppor shalJ take up c1ause-by-clau e consider ation of the Bill. tunity had been afforded to represent his case by notice MR . CHAIRMAN : There are no served on him in that bohal' amendments to clause %. Tho question during the course. of the relevant IS : inquiry under section 4." "That Clame 2 stand. part of the Bill" Paao 4, line, 2- The motion was adopted. for "(a)" substitute f'(b)" ,Clause 2 was added to the Bill. Paae 4. line 4,- MR. CHAIRMAN: Now Claus~ _~. for "(b), t substitute (I(c). (3) There is an amendment given by Mr. Nurul Islam but he i~ not present in the ( hri G":1Jsher Ahmed) House. Now I shall, put clause 3 to 5 to the vote of the House. The question is : MR. CHAIRMAN : The questio1l1 is -"That Clause 6. as amended, stand . "That Clause 3 to S stand patt of the part of the Bill," Bill , " . , . ) The moti.on was" adopted The motion was adopted. Clause 6, as amended. was added Clause J to 5 were added to th~ Bill to the Bill. 175 Wok! (Arndt) Bill- AUGUST 27, 1984 Wakf(Amdt) Bill 176 Clauses 7 to 10 were added to the are on clause 18, This clause is very Bill. important, because it seeks to add sec tion 21 (d) to the Wakf Act. This pro Clause 11 was added to the Bill: posed new section deals a fatal blow to Clauses 12 and 13 were added to the autonomy and authority of the Wakf the Bill. Boards. It renders the Wakf Board a mere advisory Bard. It reduces it to a Clauses 14 to 16 were added to mere showpiece insofar as it is provided the Bill. that the Commissioner, who is nominat- ed by the Government, has ov r-riding Clause 17 was added to the Bill. powers. If the Commi 'loner think that the particular re olution of the Board is Clause ]8 Insertion of new section not according to the law or is an abuse of the law or it is an excess of la w, then 21 A, 2 JB, 2 J C, 21 D J 2 I, E alld he can refuse to implem nt i 1 a nd put it 21F. before the Government. In other words, the Commissioner becomes the Judge' SHRI G.M. BANATWALL-\: J beg He d ~ cides. There are law courts. The to move - Judiciary is there( But it is thi" Com missioner who decidc!s that tlli parti Page 17,- cular mot ion seems to be in abuse of the law or in excess of the powers Omit lines 15 to 21 (14) granted by law. Further, if this parti cular Commissioner thinks that the Page 17,- R e olution passed by the Board or the order m 'l de by the Wakf Board will lead to a breach of peace or riot. again he e8n Omit line 19 (15) sla 11 the implementation of that parti. cular resolution. In oth r words, he is a Page 17, line 23,- Judge and also a police-man p<.,1st ed over for "Sate Government" .\ltb there. AIJ the fnnct ions-tbc funct ions of stitute a Judge I a policeman and the ex- e utisve - are combined in thi, super "Tribunal" (16) h pow r that is impo')ed upon the B I_) rd. Again, if this Commissioner Page 17, line 25,- nomina ted by the State Government, feels that the particular resolution of th~ for "State Government" sub Board will cause a financial Joss and if stitute- in his subjective satisfaction he feels that the resolution if implemented will "Tribunal" (7) not be benefi ci a 1 to the Boa rd, then again, be may not implement it and place Mr. Chairman, I would like to clarify it before the Govcrnm:! nt. If we have a at this stage that the Muslim Members very good Government-I am not talk of Parliament arrived a t a consensus ing about our hOIl. Minister, Mr. among them and about 24 amendments Kauc;hal; everybody may not be as good were suggested to the hon. Minister as he is - they take up our view. But by us. Unfortunately, however, only two unfortunately, if a Government of the or three of those have been accepted by BIP comes over, what will happen May the hon. Minister and al1 of th.em stand God forbid, And of course, he need in the name of Shri Gulsher Ahmed. not bl! very happy because there are no chance of that in the near future. When The Muslim Members of Parliament we are making a law, we have to be from both Houses had a consensus a very careful to see that this intervention few of them. But it is rather unfortunate of the Government through its nominee that the hon. Minister did not see eye the Commissioner, is not sush as to - to eye with those consensus. Here we render the Wakf Board a mere show. 177 Wok! ( Amdt) Oil I BHA RA 5, 1906 (SAKA) Wok! Am(/t)· Bill 17 piece and nullify aJ) the authority. MR. CH IRMAN: ' ow I ,ut a91to(f Hence my amendment before the ment No. 15 to the Vote of the Ho House. The amendment No. 15 was put All the Muslim Member s of Parlia and negafived ment had agreed at least on one count that instead of the Commis ioner referr. MR. CHAIRMAN: There arc •• ing such re olutions of the Boards to the amendments to clauses 19 to 42. ., I Suite , it may be referred to the Tribu- put clause. 18 to 42 to the Vote r, na). But even that is not acceptable to House. The question i : the Governmen t. ;'That Clause 18 to .. 2 sta nd •• t of I must , therefore, urge upon. the the Bill. 'I Government to have a proper c nSldera- tion of the point of view. We, of course, The motion was adopted want tbe properties of the Wakf to be Clauses ]8 to 42 were added tfj protected. We khow how they are abused the Bill but that does not mean that you hould have such sweeping changes that the MR. CHAIRMAN: Clause 43. Shri total authority i destroyed and in future Nurlll Islam. He is not here. There aFt also the complications 'can arise. I will, 00 ameadments to clauses 44 to 53. So. therefore, prevail upon the Government I pu t clause 43 to 53 to the Vote of tlrt either to delete thi particular authority House. The question is : or at least accept the other amendment saying that under such circumstances, Tha t clauses 43 to 53 tand put if the Commissioner, instead of referring the BilJ." the matter to the State Government, may refer it to the Tribunal. Let The motion was adDpted another impartial body go into t~e Clauses 43 to 53 were added ttl mlltter and take a particular decision. I the Bill hope my motion will get the necessary approbation of the Government and the House. MR. CHAIRMAN: Now Claua~ 5~. Shri Nurul -Islam is not here. Sinca there are no amendments to cJau '5 SHRI JAGAN NATH KAUSHAL: I to 57, J put clauses 54 to 57 to (he V. have already explained. 1 am not in a of the House. The question is : position to accept these views. That clauses 54 to 57 stand .f t . MR. CHAIRMAN: I put a m t.: ndments Bill." No. 14, 15, 16 and 17 to Clause 18 to the Vote of the House. The motion was aJoptt!d Clauses 54 to 57 were added t. SHRI G .M. BANATWALLA: Don ' t the Bill. put aJl of them simultaneously. Amend ment No. 15 he put separately. Amend. ments No. 14, 16 and]7 you can put MR. CHAIRMAN : Claus~ '8. Shri together. Let them be defeated separate Nurul Islam is not here, Tbere .r. ly. does not matter, but let it go on amendments to clau8 ~ s 59 to fJ4 . '0. I record. put clauses S8 to 64 to th Vote.r tu Hou~. The question it : MR. CHAIRMAN: All right, I m "That clau es 5 to 64 t d putting amendments, No. 14, 16 and 17 the Bill." to the vote of the House. The motion. WtJ3 adDpted The Amendments No. 14, 16 and Clauses 58 to 64 Were cu/ded t~ 17 were put and negafiv~d the Bill. tikj ~Amdt) Bill UOUS 21,1 Wak! (Amdt) Bill 1 lau.1:; 65 I"sertlon of new section HRI JAGAN NATH KAUSHAL : I 66D to 66F. am accepting the amendmen\ to clause 66. Amend ment made R. C~AIRMA Mr. Culsher hnled. are you movin your amend. "Pilge 49,- ment l ' after line 37. insl'rt- riod f limitation ··66G. Notwithstanding anything contained in the LimitatiolJ for r~covery of Act, 1963, the period of limitation for any suit for pos e:.> ion of aid propertie immovabJe property c mprised in any Wa kf or posse ion of be thirty any interest in uch pr Pdt shall be a period of thi rty year and ycar, . u h period shall b g :1 to fun when the posses 'ion of !he defendan t become adver c to the plaintiff, cia! PH vi ion 6 H. The pr VI Ion of this Act shall ll pply, and shall b ,. to deemed alwa~' ~ to h ,we applied, ill r..:lalion to any evacuee pro~ evacuee perty within the meaning of clau~e. (f) of section :! of the We f Administration of E acuee Property Act, 1950 which immcdi- pro ert;(' uely before it became ll 'h eva-.:uC' pn perty wi thin the said meaning was prop.rty comprised in any wakf and, in particular, any entrustm nt (whether by transfer of any documents or in any other manner and ""heth!!r g~nerall or fur )pe ified purposes) ('If any such properry to a Bo arrl made before the commence ment of the \\Iakf (AmC' din nt) Act, J984 in pur, unnee of the in truct ions ('If the 1I todiun under the Aumini ... tra ti on of Evacuee Property Act, 1950 hall have, and ~halJ be deemed always to have had, not withstanding anything contained in any .. \. ' , ~ .. other provision of th i~ A(;t, effect as if sUl'h ntru tment had operated '.to- (a) v~t such property in such Boa rd in the arne ;ll anncr and with the same effect as in a trustee of locb ploperty (or the pur roses of ub-. eetion 0) f dion 11 of the A'!mini ,tratio lJ of Evacllee Property A t , 1950 witA effect from the date of , ueh entru tn-lent, and ,,' b) ~utborise such Board to assume direct Inana ment of the Wakf concerned for so Ion a, it n'li,ht deem necessary." (4) " u . -HAJRMA : The Question i. : MR. CHAIRMAN: In Clause 66 to ~~ there a re no amendm ' ots. Hat tau e 6.5, ~ amonded, 'and arC of the Dill," Thefefor~ I will put them togethor. MR. CHAIRMAN: Tho question is II I~Wt;01J was adopted. Clau fl 65. a amended, was added "'That Clau c 66 to 68 tand part of to the Bill. th Bill." \ 1 t Family Court . .Bill BH DR 5, J (SAkA) The motion was adopted w'th a i w to providing quicker eUl,.. Clau, s 66 to 68 were added to ment to the family di putes where em rhe Bill. pha L should be laid on conciliation and achieving socially de irablc resuh. MR. H IRMAN: The qu stion i. The Hou e i ful ly aware that good c1e a l or time of the c.ivi J courts i taken "That buse I, the Enacting For- by sma II faUlily disputt: which could be milia and the Title tand pa rt of the 8dl. more expeditiously and at much Jes et . cost an be ~ettled by Family Court · The mOl ion W,IS adopted. which shoul adopt n entirely ne Clause I, rhe Enacting Formrt/a approach by avoiding rigid rules of lind the Tirie were added To fhe rroc: dure and evidence. Sir, the La Bill. Commission in it 59th eport (1974) bad 8 Iso stre ed that in dealing with SHRI JAGANNATH KAULHAL dispute concerning the family the courts Sir, [ move: ought t{) taken an approa h radically d ifferent from thllt adopted," ordinary ·'That tbe Bill, as amended, b civ;1 pro eedings. and th.lt it hould pas ed." make reasonable effort at settlement be fore the commencement of the trial, iDce it w ' R felt that even Ihe Code of Civil MR. CHAIRMAN: The qllestion j : Pro c~ dure which wa amende in 1976 could also not bring about any appre "That the Bill. as am oded, be passed .• , ci;.blo change in rhe proceedings rel.tin, to matter ' concerning the family . Thnl lIIorioll was edopted Tb ~ objeetivc of the legislation i to provide for a radical new procedure fot 16.31 hr . peedy se ttJem nt of family di putes. FAMILY COURTS BILL- Briefly, the important provi~ion . of the Bill are as follows ;- THE MINISTER OF LAW, JUSTI E AND COMPANY AFFAIRS (SHRI (a) to provide for e tablh.lhmcDl JAGANNATH KAUSHAL) : Sir, I beg of Family Courts by . the S'a~ to move : •• Government; "That the Bill to provide for the (b) to make it obligatory on tbe establishment of Family Courts State Governments to set up • wi th a view to promote conciliation Family Courts in every city or in, and secure sp edly ettlement town with a popuJ tion ('x .. of, disputes relating to marriage ceeding one million; and family affairs and for matters ' connected therewith, as passed by (c) to enable the Sta te Govern· Rajya Sabha. be taken into coo ment to set uP. such court. in sideration ... area () ther tban tho e peci. fled in (b) 'above; The immediate backgruond to the need for legislation for setting up of Family Court i the mouting pressure (d) to exclusively provide ithin from several associ ations of women. the jurisdiction of the Family other welfare organi ations and indivi Courts the matter relatin. duals for establishment of Family Courts to :- ·Publi hed in thi Gazette of India Extraordinary Part II e.2 dated 27 .. 1 84 . • ·Movcd with rccommoDdation o-f this Pr Si(;t'Dt. 1. AUGUST 27. 1984 Family Courts Bill 1· . (1) matrimonial, relief, in- enable a Family Court to oluding nullity of marri dea I effectually wi th a dispute. aKe, judicial Sep lH ft tion, divorce, resti tution of (i) to pro'- id for only one right conjugal rights, or dec of a ppeal which hall lie to the laration as to the validity High COLlrt. of a marriage or as to the matrimonial taut of 4. Sir, I have tried to touch · upon any person, some of the important aspects of the Bill. The setting up of Family Courts is (ii) the property of the not some thing very new in the world. spouses or of ei ther of There are a number of advanced them ; coun (rit,' n a me ly, BI rtain, ' Japan and - Austl a li a that have already s~t up (iii) deciMa tion as to the family ourLs ( ~ se ttle family disputes legitima cy of any per ' on; III a toc a l'y different environment where the oncerned p 3rtic it togel her with (iv) gua rdiamhip of a pel so n the Judge who acts as a cl)unsdJor and or the eu tooy of a ny makes a incere dfort to bring about a Illi nor; conciliat ion. This procedure will also help avoiding long and arduous court pl'O<.:ed ures and will be available to the (V) maintenance, in~ludlng aggrieved partie ' at ahno ~ t no cost. Sir. procet!dings under Chap one more I.Idvant.'1ge that will a ~ rue out ter IX of the code of of the proposed syste m wi II be the con riminal Procedure; siderable reduc tion in the workload of lht civil courts. ~c) to ~ake it obligatory on the part of the Family Court to 1 very sincerely urge the House to endeavour, in the first instance consider the keennes of (he people and to effect a reconciliation or a a I 0 tha t of the Governmen t for simpli s¢ttlement between the parti s fying the legal procedures to afford to a fami ly dispute. During just ice to the larger number of people thi stage, the pi 0 eedings will in lesser time and money .. I am fu1Jy not be adversori a I and the confident that the Bill wil l receive the riaid rules of procedure hall whole-hearted and unanimou support of not apply; the HOllse . (f) to provide for the a SSOCia tIOn MR. CHAIRMAN: Molion moved: of social welfare agencies. coun~ellors, etc. during con. ciliation stage and also to "That the Bill to provide for secure the services medical the establishment of Family and welfare experts; Courts wi th a view to promote conciliation in, and secure speedy settlement of disputes (,) t o provide that the parties to relating to marriage and Family dispute before a Family a affairs and for matters connected Court shall not be entitled, a therewith, as passed by the of risht. to be represented by Rajya Sabha, be taken into con· ·l aal practitioners. However, siderati on. " the Court may. in the interest of justice, seek fl.Ssistance of a legal expert as amicus Now. Shrimati Suseela GopaJao curiae; may speak. (h) to simplify the rules of evi. SHRIMATI SUSEELA GOp ALAN and procedure so as to (Allcppey) : Sir perhaps the Family emu;e " . 13S Family Courts Bill BHADRA S, 1906 (SAKA) Family Court Bill 18 Courts Bill has come before us because definition of dowry, and al 0 in.tho for the la t few days so many women' implementation of the Act, concrete, organisations have been agitating for ugg stions were made by the committee constitutional are uard for women. It was a omprehensive recommendation. Not only that. We bave asked the We recommended so many things. Government to amend the Dowry Prohi Gov rnment did not tak a major por bition Act taking into consideration the tion of that. I do not know what pro experience was had in the implementation mpted Government to do uch a thing. of the Act. And the Government ap· pointed a Joint Select Committee to ao After its introduction, the Dir\!ctor, into the the merits of the t 961 Dowry Social Welfare D epartm nt called a Prohi bi tion Act. And then this Commit i.e. the women organisalion and asked tee went inLo thl! details of the question. us to give our omments. T. ere was a We worked for two years and then the concensus. we w're told that some Joint Select Committee presc nt d a com changes would be made. But afterward prehensive recommenda ti on before the the same old BiB was pr~ ented her~. Parliament. But 1 am sorry to say that No amendment was ther . That means the Govanm ~nt man Ct ged to pa s the the Gov rnment is no l very much erious Bill in the Hl)U e when the Oppo ition about these things. They w nt to show was absent. It is a ocjal legislation. to the country, b cause election ure What I unders tand i, it has to be fast approaching, that they pass 'd Dowry passed, as the minister just now pointed Prohibition Bill, which was actually out. with the wholehearted support not very much wanted in this country. That only of the House, but of the entire is the explanation t hey would give. country. If that i what is expected, I What about its implem nlation 1 In fail to und ' rstand why [he Government the explem ·ntation of that Bill, family wan led to pass it when the Oppo i tion courts come in. We havl! recommended was absent. There is a aying in our that family courts should be constituted area that when the house burns the immediately to try the t:ases including neighbour cuts the plantains . Likl! that the cases coming under the Dowry our Government thought it prudent to Prohibition Act , cruelty against women. pass that leg islation which sh uld have Most of tile e cases a re cropping up been debated th010lighly and passed and from the family proli>lems. implemented with the wholehearted support of the entire nalion. All these cases can be taken up by the famity court. But Government Mr Chairman, you know that when decided not to lake up these iss~ be this Dowry (Amendment) Bill was caus ~ so many cases of dowry harass introduced in this House, we the women ment, dowry deaths are there. We members opposed it then itself. Not know whe t has happened in the courts. only we, but the entire women's orga In Sudha Goel case what was the atti it nisation in the country opposed be tude and verdict o f the court? The cause it was a total negation of the Indian society is dominated by the out recommendations of the Joint Select moded idea and feudal outlook. The Committee. judges too are also coming from feudal families. Their thinking is on the same Major portion ·-beginning from the lines. In that case the Judge comncnted defini tion of dowry ... that asking for a fridge afler a delivery of the child was a common customary SHRI JAGAN NATA KAUSHAL: practice in our country. Why should you But now we are discussin8 The Family bother about that? This is a minor Courts Bill, 1984. Dowry Bill has al thing. That is the thinking of the ociety. ready b~en passed. The judgeii are telling like that. This i the thinking that is dominating in our SHRlMATI SUSEELA GOPALAN : ociety. We wanted to change that The Joint Solect Committee recommen- thinkina. Takin that into consider- .4c 'famJly Courts'. Belh~niDa frolU. til. th~oJ we rc~ommendcd tlla t til' IImily Curt BI/I AU U 21, 1 • Family Courts Biil 18 ouJd be prohjbition and women org - po. itio n f the State Governm n ts. nita·tion bould assi. t a od uch a case hat i Jeliberately being done s that bould b¢ tri~d in the family court, No in future, you can ay, the tate w en we ar~ di cus, ing Family Court Oovcromenl ba not con tituted the Bill, the cas~s relating to dowry should court, wha t can WI! do ? Y u know the nd a place in thi . Otherwise tb~ arne fate of many of the dire tive you have ,tilioa will continue, given t o the State Governm<:nl. 1 ha ve asked my State 1.0 . about the directive. Dowry death a re not only in clUes, H ave you i:nplemented t4em in diC)trict They are in villages alio. We started advisory committee a nd have you a 0- campaigo in this regard in Kerala, West dated women organi~atjon in the com Bengal, Andhra and Tami lnadu. mittee, I asked. He ay\ is there a ny In Andhra, Tamil Nadu and all these directive flom the Central Government. areas, we have very big ca mpaign and I said, J will give you the dir t lves, we have found that this dowry problem is increasing and women are harassed PROF. MADHU DANDAVATE (Raja like anything. If this offc;nce do s nol pur) : H e must have sa id women should tind a place in 1 he fami Iy court, then it be associ ated only at the Centre. is the same old ourt. That means, you arc not dealing with the major problem SHRIMATI SUSEELA GOPALAN that i confronting the wo men of the In 1980, you have ent the directives. country at present. It i the s a me old Still the Stat H ome Mini t r does not cvurl. And the present amendment know the directives, It is to tht: , a rne which you have brought to the Dowry Stat ~ Go ernments, you are entru ting Prohibition Act wiJl never hel p because the responsibility of c ns (itut ing the even in the definition of the dowry, fami ly courts and the entire finance instead of 'in consideration of marri they have to 'find out. Whcrl.!fwin would age ' • you have sa id .. i n onnection they come? How many courts .will they with the marriage ' , So, whatever the conslilute? You are t aking it a a punishment you have pre 'cribed is not responsibility. Then, you have to b~ar loing to be awarded becau~e of the the burden. Otherwise also, they are in lacuna in the definiti on Itself, Now, it is deficit. The Central Gov rnm nt is not out of the purriew of the family cour t gi vi ng them money, also. For such offences, the same old customary procedure you have to under- SHRI SOMNATH C HATTERJEE 10 in the other court. So. thi is the (Jadavpur) : They are t a king money main thing, Our view is that these cases from ' the Finance Commission also. should come withitn the purview of the They have not given money t the Sta te family court and al~o the cases Governments a ccording to t he Finance with regard to offences of cruelty to Commi sion recommendations. women. That should also find a place in this court, SHRIMATI SUSEELA GOPALAN Then, how will the State Governments When you come to clause. by-clause find money for 'Consti luting these .tudy, you have asked the State Govern family COUl ts ? Thi is actually, an ment to form family court in a city election stunt. If you are serious, you here more than one million population must have provided the money, You are is there. How many cities will be there? gO ing to provide only R s, 5 crores to In my State, I know, it will not be the Centrally-administered area where IPplicable because none of the cities is you are going to co nstit u te ' family bavinl a population of one million. In courts, Other areas are left to the Sate Ori a, it i not appLcable. I know. it Governments. That means, nothing will ill not be applicable in many states. be done. ow, the entire fin ancial burden of Whet is the judge referred to in the the Act has been put on the Stat. family court 1 The judge is all power tornmc.at . You know the pr~clrioua ful In the f mily court. Tbe entire thina 189 ' Family Court Bill ' BHADRA 5, 1906 ( AKA) Family COflrts Bill I j given to him. Who is there to a sist allowed to peak on the Dowry Probi .. him? You have said. the tate Govern. bition Bitl. You give us more time no • ment may associate ocial welfare agencie with the court. How 1 What (Interruptions) arc you env i s~ging when you say "a so ciate'. ? We have certain thjng~ in our MR. CHAIRMAN : Plea c don't be mind, But you never discussed with u • ngry with the chair . with all the women organisations. SHRI JAGAN NATH KAUSHAL: We could have given them orne Who deprived them of the opportunity suggestions; w could have had a proper (0 speak on the Dowry Prohibition Bill? discussion on these thin s. They could They are themselves to blamed. You have con titllted a committee to go into boycott th HOU 5e and put the blame the detail of these things. Several on us It is wonderful . countries are having family courts. They couJd have given u the ex perience of SHRJ SOMNATH CHATTERJEE: all those countrie as to how the famiJy Today they are in good force. courts are constituted there. They could have given us all that information so SHRI JAGAN NATH KAUSHAL that we could have hAd a fair dis They can speak a much as they like. cussion. Th y have not done all that. But they cannot blame us. They are We wa nt not only a judge to be there but some jurists also there to go into to blame them Ives. the entire evidence and understand the PROF. MADHU DANDAVATE: problem as to under what circumstance Don't create trouble Otherwise there these th ins" have happened. T have , will b~ family court here. given An Amendment that there should a be a t lea t seven juries consisting of legal p..rs nnel, oeial workers of whom (/nterruptions) at lea t three hal J be women to a'isist the Judges in evidence tnking and MR. '''HAIRMAN : Prof. Madhu aq:Jving at pro[lcr conclu ion . At least Dandava te, you have to sit here for h a lf of them should be women. That is orne t ime so that (he Chai r is protect our sugges tion. They C2n IZO into the ed. evidenc and advi. (' the court and PROF. MADHU DANADVATB : 1 taki ng all thes lhings into consider am oot a J udge of the f mily court. ation, the Ju dge c n giv his judgment. But nothing of the sort is done. Only SHRT SOMNATH (lne J udge w i II be there and he wiJJ be CHATTERJEE: H an all-powerful o ne. Even in regard Let it be a family use . to evidence he can go only i to the sub. stance of evidence, not full evidence. SHRI G .M. BANATWALLA : Sir, How can that cvidt:nce be lL Cflll? you send the Marshal and recall tho Dowry Prohibi 'on Bill, Then, no legal is siv~l1. rt is said that if the court 0 desire, they 'can 'give SHRIMATI SUSEELA GOPALAN: Jegal aid . Otherwise. ther' i no ~re cific The Judge of the family court is aU provi ion . powerrul. He is to decide whether lela) aid ~ hould b given or not. Free le,al MR. CHA[RMAN : You m y try to aid . hould be com pulsory and it should conclude. be rn l nd t ry provision in tbe Bill, Otherwise. it will be v ry difficult. SHRIMATf SUSEELA GOPALAN :1 many thin s are h ppening. we kno want some more time. what i happening to women So, ft legal aid is quite entia) and it mu , SHRIMATI PRAMTLA DANDAVATB b c mpul ocy. There hould be a (Bombay North Central); We wero not. mand lory provi iOD in the Bill. 191 Family Court1 Bill AUGUST 21. 1984 Family Courts Bill 1'1 Purther, while moving the Bill (or con· If they return to their parents and tell sideration. the hon. Minista said that it them that it is very difficult to continue is for the speedy implementation of Jaw to Jive with their husbands, the parents that they a.re providing for this. But say "You have to go and stay there." there is no t ime Jimi t fixed even for the This is the attitude of the parents in disposal of ca es. There should be the institution of marriage. This is the some provision in regard to that also. attitude of even the judges who give the Mr. BanatwaJla has given an Amendment verdict. that the case should be disposed of within a period of one year. I say, it ConciJiation is good. You must try should not be more tha n six months. it. At the same time, separation is need Within a period of six month, it should ed. That must be given. There must be be disposed of. provision for that. The gir1s who are sent back to their in-law houses by force Again, they are providing for an tHe being killed after some day in the appeal to the High Court. in-laws houses. This is the day to day happening in the country. This is very Nowadays, a large num er of eases dangerou . ar~ pending in the High Courts. Why are you <.lgain giving powers to the High There should be more discussion on Courts? At Jeast, a separa te Wing should this Bill. If possi ble, it should be sent be there for hearing the appeal cases. for eliciting public opinion. More sub. They sho uld not be entrusted to the jects should be brought under the High Courts. purview of the family court. Otherwise , this Bill will not help much and, in This Bill lays more stress >n conci fact, it will go against the in (erests ()f liation. I do not say conciliat ion should women. not be there. It should be there. But ~) 0 f;:ni~r ~'q'",) . ~1fffT'f" undue importance is given t o that. In '" the present socie ty , conciliation is not (f~fflT~~ q1~ lffG' qff~rn:ctl m"( ~crrf~Cfi qf"{ft~ ~l' ~Cficrr ~ I lft! t;rrtM- 'UiR{ ~Cfi'RT ~ f~liT ~ ;:qTlT CliT ~T~lfCliCfT ~)~T a~ft ~m ~ I q-"(;:g "(TiJlf «"(Cff~ ~ STCfi1\ ~ ~lT ~T ~~~ ~lJ cr~ ~T~r oTCl1 ;;Q:T Sf~ ~T Cifi'{ q-p;1'Qr I . ~f~ iru ~RrT I \3"~ 11T'lCf \Tf')cr;:f CfiT ~t7.:fTCfiT~ m 'l;;,'m",., ~ fGfi Gfifiij" ~T. frcf~ ~~d ~~T ~ 9,;[1"( ~ .,~ f;;q'c ena- ~ q"( f~fqcr .fCfi~ iilTif ~f~it m'{' ~ m'f lf~ \Tf) f~~ ~ ~m ~ ft=fflfif~ ~)~ q~ ' ~f f~f~CfC ~Cffi~ if ijlflf «lPf q"( q-q;yT lttrT q1:mf;;~) Cfi) ~~if; !tTr~ ~TiirrT 1 m~ tl'I:~Cf ~ ~;; f;fP1~ ~11Tilf~Gfr ~p·n~T ~ ij'~t;f)~ efTa' Cf,~T tl'l{flfT~1 ifiT ijlITa-Ff 'llfr~cH ~ f~ T iifT ~ 9;fTtf~T ~~ ..Cfic1l1 , ii(::r~ ~T ~U~"T~ ~ I ~tf tI'~rrT I SfGfiT'{ ij- i;TT , . ~r~T ~ +nC~+1 U ~T ~T ijf·T.,~n:T 5fT~ ~ q'f~lt I q"{ii ~ ~ o~~~r GilT ~ fCfi 10 . ~T~ CflT ~ \iT"fti~T ~ Cf~T ~&: Cf)Titl' In:T~~(t~T UEfr it GrIt ;:f ~~ fiii~ r.t f~fqcr fGfi~ iiIT~~ I iT,(T «lfif if if~ mcrT 'lTq~ . \3~~~ fCfilTT ~ i ~rq: R~~ itiq~ '10 ~T{Sf CfT\iT q'\Tq~ fGfitf« ~iT? :STrfC~, It'iT~~Tf'iGf\ ifl1) ~TrrT ? ~~(;f tqJifT '1'( \1T ~'t'i ~fiT, ~~ , T~ it f~ 111;; ~, . ~C1l qTf~ o!ffOfCf ~T~ P·TFf q~ '+1T *Sfll;:rf~ Q:l1T~ ~n+r~ ~ I ~~ftfit tfif~T 195 Family Court8 Bill AUGUST 27, 1984 Family Court Fill 196 !flli f~A"em iif~T7.T ~;r ~f~ ii , :qT~ ~ I iifT~ f~ :q)"{ ~fCfi~ ~f"{\if CfiT '+fT ~r:m:T el~ it ~T lIT ~~ ~m II ~T ~~ ~trT qf"{fa it ~ ~;:r T :qrf~z:r I ~"{ ~ fCff~~tf~ ~T~ cr{ ~1llT it ~ \ifl fCfi' ~T ~ "{~ fQ:;: ~ f~CfT~ :qfaf;;7.T1l efiT qrf~crrf~Cfi' ~l1f7.TT~T ~ GfT~ it ;:lfT~A"~ it a-ru 18 (fi) ~T ~it ~ ;: ~T i f1trn Cf,li ... ~ it \ifT~ ~ q~~ ~1fCfl1~tsTur ~lr~ f:qf~~BT ~ ~Tq ~r :qrf~~ 1 '1'00\ ~ ~~ wr~T~ CfiT CfiTf!ff!ff cti~a ~ I Cf CfiT~,iT ~ Gfr~ \if) OlfCft~T :qTq~ Cf;)" ~~f~~ :q~ ~~ Cfiii ~ Q:T ~GffacT Q:T / iT ~;:~ ~it tiftf~T cpTi fCf~fi1tfij' GFn~ ~rif I ~, Gfg-o ~"{T~;;Tlf ~ I Cf CfiT~T CfiT ~T~ ~tr STlI~ ij'~"{ "{~;r CFT efiTfW!ff CfiT ~ I ~ij' iT~ ~cf q-Cfal ;r ~T fCfi \ifT ~~fCfi~t Cf MR. CHAIRMAN; Yes, it i a noble q"Tf"{CfTf"{Cfi tfT+R csr~ ~T c.-;qT 7;fT"{ profl!>sion. ~llTm~\Yf ~Ta-~, ~trf\Yf~ ~.. =r -9~lf{T ~T~~ '.;rr ,1\iFn~ ~1 ~'f." m~~r: ~ m<:({ \jfT 9;fTtR "{~T ~ I ~tlcr.T li ~CfPTcr Cf· {ciT f: I ~;:~ ~tr it ~q 9;f"t"{ f9i~;:f jq ;r ~ ~ij'\if '+1T ~Cf~q= \if Cfi"{ ~ :qTf~ ~ I ~TTfll~ f<.F~ \ifT~ :qrf~lT·, ~CfiT ~Fn1 '+fT ~T frr~f.fn1 ~l~ ~~1~: z:r l{Cf~l'l\if ~;:~T cpTitr it ~-cF~T ~T'f T =tfTf~~ I lT~ Cf,"{ ~;r =ifTf~ if I GTTff ~tr f~ it ~f~~ 'f~T ~ / ~trf~ ~ ~tr q"{ ~~Fr f~~T \if Till :qTf~z:r I . 0 Sf) f;:ut~T ~In.... ~r ~Cffflq(1': tfifl:r~T Cf;)-i tr ~ ~~ ~~~ ~"{ "{~rr aT \i'lTT({T ~~w SHRI SATJSII AGARWAL (Jaipur) : It will dilute this Bill .... This Bill ~mT I is meant for settling family disputes. :ql q~ ~trit CfiT~ ijT1lT 'f~ Gft~T, Slto f.:Ilf~T ~~T~r ~Cffilqa': :qfCfi 5fCfiT"{ CfiT f'llCftr ~ ~ fCfi~T c.-T~ ~Tcr~ ~~T fCf)~r ~T1lr;:lf CfiTi it ~1l ~ij -~llU ~TlF1 ~~T CF"{ ~ ftf. 1lTl1m fCRf;r f~ it ~\Yf~ \ifT~;rT I tr~, ~~f~~ tf;?:r\YfT CfiTitr Q:11 ~'f-i tfU ~Pl"{ z:r Cfi)i '+fT ~ ~GfT ~11z:r 10, 12 ij'T~ ~lf~ ~ ~~ I 7.T~ l1{T o~f'f~FTa- ~TCf 'fiT ~;rT a-T ftfi"{ tTTl1Flf cr.);:: ~T"{ q;fl1~T ~I efiTi q w "{~T ? cr;~ qf\CfT~ ~ ~ra- ~,' \if~f 1ZCfi o~fCfff ~~ fij~ it ~l1lf efiT ijTllT fi1fllT.fa ~Cll l1lTG:T iti iifT~ ~~"{T !ffTG:T Cfi"(~T :qT~T ~, Cfi"{'fT :qTf~1Z fCf) ~T~ 'fiT fifqcT;r Cfi ~lllf ~traR ij- ~~ ~~ SfCfiT<: oz:r~r"{ Cfi~ ~ I ~: ;r~T;r ij' ~f&efi ij~T ~TifT I ~ijT ~H~ ~f~lr ~trT CfiTitr ~ llTt11ll ij' ~it f~~ f~T ~ CfiT f;;~lf G:T q\'f ~ 9;f;:~" ~) ~~ ~ CfiT ~T !J;tfuefir~ ~T :qrf~ mfefi \ifTijT :qT~ I ~tn: ~~T ij~T ~)~T, q) i=~ T ~c~ -~{i m ~T~m :qT\ ~~~ \iffCftf CfiT CfiTrcT it 9.:rr~cfT ~r\ir if")q-r~ ~1\ ft ~ f qTurlf Cf)T{i (fi'Ti ~ ~\crr~ ~W-Tff ~~ ~ I ~lf ~~ GfQ:;:rT ~ ttlf ~lf ~ ~feri'ij" GfTa- ijfr~m I ~tr f~ it ol1cff~T en) rr~ ~ ~;:r ~ ~r~ ~~f;:rH ~lCfi~'~{f;:~ ~ ~r I fCfi a-TU f.-:rtf ~ ~;:i{~ ~tfT ~ Cfir ijff HCRfr ~I ~~ f+r~~« :qTtO f~ij=c 'tfT f~{{ tT~~, ~ ar~T H~r~r~ SfTef&ffl ~ I CFfrfCl1 ~~ ~fCfi;:r ~TTq ~ !tTT&T\ ~ ~ ~;:rf'fif« ~~ . \iflT~ if~CfT ~T if"t crT ~«~T ~Pl~ '3"«CfiT \TCfiit~~Fiif <::T ~l iifT fef) 11 :qlffif, 1982 ~CTrn ijfT ~CfI~T ~ I CfiT rr~t ~~T ~ $::fT I ~T CfiitTm efiT 91 efT f~qTi '+11 ~ij' Q:T'3"H if ~~ ~r ~ ~ I '+T~ ~r ;q~ f~"1 ~~ ~ vrr1:TT 1f~T ~, q~r~ fcn\ ~T ~~ Gf~a- w{T~<=fr~ ~ I ~~~ f~~ ~lf m\RT 5fTf~far!fA" (~if~c: ) f~ ~ «;r +Tf~BT >lflf<1 fg ~T"{ ifT~ 9ir +rf~m GrTt il ~l1~ ~~f;:r+rij"~r Cfi~ ~T f~fCfi;;T!lA' «+rTijf +T~T lT ~{i~~ 'fiT &;:lfCfR ~~ ~ I if ijfT Ii~\jf cti~fij"~twr[ 'J;fr'll ~n:Gf" 1lfiG: 1TTT, I '3";:rct)T I S>l'hl'?J ~fG\lT ~ ~ ? ~«f~t{ \3";:~T~ ~T"(T ~) ~T\;f ~ ~TlT~ ~~q:if ~ CfiT ~Cfi q~ ~, .'1tfu;r ,{T ~ f~flffi CfI{ ro:rr I ~T\;l ~T ~m- ~4f ~T qQ !tl:rCf Cfi) ~T fi1~T ~)iTT I ~~ ~);r cnm ~ I ~ftl \if) fai~ m~ ~, ~.; \j""~T~ \=1') "ti~T ~ I cr~ m~ ~f1J~lfT Gl"Tfr;:ij' Efi;fCf~ ~~ Clft cr\if~ ~ ~erT ~i~ ~ Cf,Ftf,ij' CfiT 1>lcll4i "(~T ~ , CfiT fC:l :t5~ttc ~ ~l{lf lliltir, ~~T ~)~ ~ GfT~ ~tl1~, 9;fBr-~~T 91T ~t:;tf~ (~T GI 'H, ~)Cf. ~'1T ~~T ~ fu~ lTi~;r ~T~ Cfi~c~n:') Cf.~ Cfi~ (fiT q~ tr~~l:f ~T ~ I ~,,~)~ lf~ ~Tq ~T . "fTt1 Cfl~ f~ lJ~ ~T~"(T .,~l ~T ~Cf.(fT ~ I (fI~T fen !tl'Tq l:f~ fCif~ ~T~ ~ " ? G{<:T~ ~~ ~~ ~T \if\ififc ~ erT~ ~ I f~t ~ ~)ijT ~T f~ fiTrr~ ~T ~il~i:r~ fij"~ f<:rr Tfs~T =tq ~R ~T~T fGf~ ~ ~T~ ij arn: ~~T ~lTH'l Wnf.,lHl ~~~llT'; ~T m ~-q ~ lfQ:t '*IT Cf.~r f<>fi lf~ f~r~r ~lq f~ mfiiflFf CfiT ~TffiijT ~Clill iifT ~ !ITRT Cfi) ~T'1T ~l f~~ I ~Tq~ Q'\t!1 ~T · Cf,~ T ~T * q~ ~ CifiT ~T<: lUFft ~ ~:;i Women are taken for granted. You ~ fCf) ~Ter if ~q ~ if ~ fijCfiT~ f~<1 T ~ I have taken us for granted, Cf~ crT w if .,~l $f~T I ~fCf.'i ~i3'~') ~ ~~ ij' ~ ar:q' iifTtt~ft I ~f~ iffCf it if tfTftlfij' if~T ~·~m ~ \1lT\U II ~ Cfi~T fCil lf~ '+IT ;;@ ~T I CflfJ ii~ ~Tm ? Cfi~ g~ ~:~ ~)cn ~ fep ~ ~T~ ~ ~ ij'~~ it if~r ~TcrT fep ~ftf ~T\d1:T 'fit ~TIi fil"f'lR.1: "{~ ~ f\jfr~Tit ~ iti ~t it ifllT ~~ it i1{f ~T ~Cf.a-? ~lin:T un:T Cf~ RllT t':fT fCfl ~NT\a' emf ~ ~ csr~T ~ lf~ llTlf ~~T (fT fer; f~f;r;;~ ffi' iq'T\;f a-Cfi 1i~~T~T q'~ ~clfrtm: q-n: ifm- '1"?f ~qc fGf~ f"{~TTf~q ~q ~1"{ ~r~r cCflT\ ~ta- \~ ~ ~T\ ~m '1T ~Ta \~iT, Cfi1' srrf~f~~F{ Q:Cfc \jf) ~ ~if Efi f~~ q; f+r~1 ftf)~ ~ . if~T UIi~T ~ij" fGf~ CflT ~rif ifiT CfiTi iif.,;r :qrf~~ I ~ tr Efi ur?:f -qrq ;r CfiQJ CfllT ~cr ~ I m\if ~ if \if) ~) ~ ~ ifT ~ fCfi ~~1 fliTtJ:c Cfl~~ ~t~~ qi~ Cfi) ~CfiT ~~ifT mq .~'.~~, \iffWf, ~f~lTf ~feJii1 ~if ~r 9;lf&CfiR . ~T ~? q~ Cf~r ~nfG: ~~CfiT ~ l1cf Cfi~ I ~lf~ ll~ ~f~ Cfi'{'~ ? ~ij' Cfi ~. ~ 1 ~~ tfcrT if~T :q~err fCfl . CliT f<:qri ~, ~f~ « f~«~ tZ~ ~q\iqif~ mq CflfT ~T~a- ~? ~ij' ~~T~T \if1 ~ ~T o~t CfiT, fCfl ~ iT ~ 2 ~a- it ~Cifl f'rT fCfi ~Pl ~tr cpT fiif~lr~T~T ~ cc q~ WT~ q'\ i5f~TC9)n: fCfllTT \ifTCfT ~ I ~«T SiCfiT'( ~ {9.T ~ ~.~ crt m\if \if) lfQ 9;lT~~Pfc ~ f~t:t 1977 -79 ~ GTT~ Cf)T ~t f\Cfti 5fCflTfmr g~ qm lITlf ~ ~ ~1~ ~ ttlT ~rq crffi ~ ~ ~tTit GlaTlTT tTlTT ~ ftfi' srT~f~~ iF if~ ~~ ~, ~if Efi qTtr qUT ~ if~T, ~) ~ij ~T~;:tr \;fT ~ ~'lit 80 q'~ij-rc if;T ~'Rn:T ~lfaT ~ fCfl lT~ ~flr~T CflTi Cf.'+lT ij'c 9;lq g~ ~ I W srCflT"{ « lff~~T tt1: \it) ii~T Q:TlfT I ~T~;:tf ar~a- \iff \~ ~ ~Cfl) "()Cfi~ ~ f~o: tr~Cfln: .er. T ~11 ~oR :qT~ I ~ij" ~TmT • ~Ttf '+IT qtfT ij ~l ~;r crT ti?r CflTlf ~ q'T~ ~T CfiT~17f ~ ~'lif :;:i'~TlfT~ur iff ~T ~ifT ? ij-o:~~ lfCftfirc CfiT q}T~;l f~lf~ . B"CfiffT ~, ftfi~;:tr 9;lT\ ~~;:f Cfl~~ CfiT lq'~ ~tqrffTf~f~c.T ~'lT =t:fTf6t:t ~T~ Q,eJi f~f~ iff ~T tfer.~T ~ ~1\ lf~ '+fT ~~T ~ fCfi qft lTif qr~~., Efi f~~ ~eJi tiiflJ~T Cf,Ti csrijT~ qT~ ~c '1T ~~ ~ ~flfi'1 ~ CflRUT ~ \iffifT :qTf~ I lff~ ~Tq tftfT ;; ~T ~iT cr) ~ 'tiT ~ cr ~a- ~Tif ~T \iffifT ~ I i4'+fT m ij'~T R' argcr ~n:f ~2:~tf it ~fil~T ~ Bff iq'q~ Gf~T ~ f~t{ Gfgcr ~)':trcft ~ 9;fR ifQT iSfif qr~lfr I ~~ f~~ ~~)q)T~tr '1T Cfi\iiT :qr~T ~ ~fCfiif 9;fTq \;f) q1 flT~T Efiti" tr csrifT'iT :qr~a- ~ ~ mq ·tfr~ ~T lf~ '+IT ~ ~ ~ \ji1'ifi cmr ~ ~facfiT\ i1'~T ~ t lfifl:r~T fCfl ~ Tfefi m~ it trlT1fflcfT ~) \ifFTT ~fQ:~ CflTi,,« ari1'R ~ m~ -~T~ ~) Cfit ctq'~ij\T itij'f f~flfc '+If 9;lTqCflT ~T :qTf~~ I ~r( tnT ~Ttffi t:t~ \1') f~\1rI'T ~f~o: Cf\TT '3~CfI) Cfiri ~ ~\ ~ '+ff lfif~T Clifi ttl) ~"-fTq'iT ~~ ~N f~~ q~lfT I ~mT ~f~~ :jf~ q'( :w·fT~ ~ f~~ GfT tfCfl I ~tr m~ ff ~h" fJq~it~ij' ffi 3iq~ ~T ~~ ~T~ G:fr Shrimati S.useela Gopalan and Shrimati Pramila Dandavate have aid tha t b - aT ~ '¥fT ~T;r CfT~r 'i~T ~ I ~ij"fz;r~ lr"{T cause eJections are coming, these Bills SlT~'iT ~ fCF ~;:~T li~~1:T <::T'iT ~G:rrT CflT are brought in. It is not correct, After such a long time ,this Bi I I ha b en ~~Cfc etiiicT ~ qT~ ~~ f~ ~ ")- ~ f\;ftT~ brought ill, W ~ must welcome it, and ~~&1 ~~ ~ CflT ~~;f ~cR fcrqT"{ ~~ ~i we must congratll)'a te the Government. Only this Government has brought it. 'TR ~ 6lT~ tflfl:rz;rT CfiTi ~ Gf.1R Cflr There are many wdcom III asurcs in ~f:qcr olf~ ~T I this Bill, Unless and unlil ~c bring in some Bill for Ihis purpo , how are we to pro (.~ee d further? In futul e, we can SHRIMATI JAYANTI PATNAIK have some sllg!!,estions or 'lmenCmcnts. (Cuttack): Mr. Speak<:r, Sir, I rise t o But unless we have somethin~, how can support this progressive Fami ly Courts we take ~ om suggestion or am nd Bill. Sir, it is rightly . id that the men! So, 1 congralul8te the M ini ter Family is al in titution th:H postulates for bringing this progressive piece of the intimacy of the highest order, t h:l t legis la lion. is, the importance of intrapt:fsonal re lationship of the family i to be empha sised. This philosophy is the underlying Thi progres~ive piece of legi lation basis for lhe desire to shield the family is the outcome of the need of the hour. from the rough and tumble of ordinary In ordinary court, there are cn Cli lying judiciClJ process and the conflict and pendlng for years together. Ca es relat formality of the court-room. ing to family hould be exclusivel) t ried in parate court like ' family courts. With this objective, there comes That is why family courts are expected the desirability of setling up a spe to give speedy deci!)ion. . \vith til t' view, the whole concept .of ftlmi)), C{)lIt't s is cial judicial mechanism 10 resolvc to institute 3. mechani-;rn for le'"ond lia family disputes, within the tot~dity of inter-persona) relationsh ip of the mem ticn befolc adjudi ' a t ion to pr ovide an inexpensive and expedit ious remedy and bers of the fami Iy, 0 tha t th y ca n deal with the welfa re of the family , to have . n informal 5tn1<' phere in secure )egal rights for th victim; and which proce~dl n gs will be cunductcd with the scrv;( es of social welLlrc ~ ren also, generally speaking, it l:~n be snjJ that they can playa sup...:rvisory ole cies of psychologists, soci:l I \\ orl cr!o., for the welfare of women and medical experts and ac~dcmician , children. Clau e 3 uf the Di II provltk for the Law Reform Commissions in 'orne est abli hmcnt (j' family courts in crtain other countries had also stressed the area compri i ng a ci ty or town wi th a d l~si r ability of dec;ding all the disputes population ce c.: ding OIlC milli ·n. H ere, relating to family in one court. so that J mllst suy that ve ry district hould there can b a ccordinatcd approach have a family court, There arc some on ma\tcrs relating to family. Our Law States where the cities or towns do not Commission a) 0 had suggested the have a population of one million. So, establishment of fami ly courts, in 1974. I want to say that every di triet should Since long various women' organiza have it. I would also say at the same tions have been demanding few such time that the State capital should have court. Even eminent social worker it, because it is urban in' nature. like Durgabhai D ~s hmukh h ad ~d vocated Various voluntary organizations are aJso vehemently for the establishment of tht!re in the capital. Backward States family courts. espcci ally, should have family courts in in the StaJe capitals, Backward states After uch a long time, this Bill has should have family courts because we come. Of course, we welcome thi Bill, must cater to the need~ of semi-urban Thi Government is also to be congratu and rural areas. Backward States should lated, Our opposition mil bers like be gi ven ome more funds from the 205 Family Courts Bill BHADRA 5, 1906 (SAKA) Family Courts Bill 206 Ceo tre, iO tha t they can set them visi ts and do case service; they provido up. coun elling and conciliation. 1 want to know whether those institutions For the appointment of jodges, be· which are providing some sort of in sides having 7 years of experience, Lh t y frastructure and giving assistance to the must have sound knowledge of socio· court and now if they assist family courts, wilJ they get spacial as istance. logy, p ychology and th ~y must be men of under hoding and r pute. I will whether it is from the Welfare Ministl'Y say that he must n t be involved in of some other Ministry? Can there be such cases which we are trying t,o cn:!d i a coordination between the two? cate. Regarding camera trial. this is a we). come feature; and the Bill also is not These courts have jurisdict ion over emphasising on the lega] practitioner; malleI'S pcxctainding to marriag , div this is aJso a very good feature as a vorce , custody of children, mailltt:o ance re ult of which there would not be a and so on , but criminal oR'cnces Ji e tendency to prolong the proceedings. By dowry deaths and dowry di pute are not saying this. we are not debarring the included in th..! jurisdi lion. The other lega l practitioner as there is the provi day when I spoke on th Dowry Prohi· sion that wh rever a legal expert is bi tion Act, J have already sa id, the needed, the court can take e.dvantage of family courts should try dowry disputes it. and dowry death cases. Moreover, ometimes it is impm'c,ib lc to collect evi Rcg~rding appeal, there i a provi dence , b~cause 1 hnvl: a Iready said thi.! t sion. But 1 mll~t say that we hould day that the gifts of CLI'..tomar-y nature not have an appeal to the High Court should not be taken as dowry and as and the Supreme Court, but have one provided in the Bill it is very difficult court of appeaJ from the family court. to collect evid ..! nce in that cas ~ . AI. 0, so that the matter will have speedier the victims of the. e dowry cases will not deci ion. Because, as it i, the High fil"d congenial atmosphere in the police Coun and the Supreme Court are over cLl~to<.ly. So. the wh Ie purpose of deal burdened and the cases are lying pend ing with this problem by sending them ing for years together. Hence this to the Criminal Courts will be lost. So, appeal in High Court will take long this should be included in the juri dic time for decision. Now the family Court tion i.e. dowry den th and dowry dispu te has came. ca es should be tried by family courts. The supporting Bills which are meant for the women to aneliorate their conditions by legislation like mainten The striking feature of the family ance and the property right etc. should courts Bill is th" intention to make be stryed. Some standard shollld be concilation proceedings before the com there for that. If there is any lacuna, mencement of the trial meaningful and that should be plugged. As for examples the trial i just with the e. ssod alion of , in maintenance Act. Once some welfare agencies and the as istnnce of amount is settled the same amount is Counsellors and medical expert and so there even after ten years. .It may be on. I wo,lid like to know from the enhanced if circumstance requires. If hon. Mini ter how we can involve wo there is any lacuna. such bills should men and women '8 organi ations; al 0 be amended. In the long rUD, whether you can have some sort of a this Bill definitely benefit the victims jury system or something like that; and of the family disputes. So, I support in the jury, whether you can include this Bill. more women. Sir, we are having, a'S it is some sort of infrastructure like wel· f;re institutions doing conciliation work. "'" ~T~T~ ~);:r,", ~miT (d'~~) : In Bombay a reputed Welfare constitu ~;ftlf if~~ ~, ~ f~ If( q-~~T tion is dealing with these cases after tt the court gives and; they pay home olffCfi;f ~ \1f) fC4l ~~l:i( ~lll'lm1ll fcru l.fcfi' 207 Family Court.J Bill AUGUST 27, 1984 Family Courts Bill 208 ~ .r~ "(~T ~ I ~rft GfgcT -B"T Gff~;T ~ij' lq'\1T ~'ll ~~~ CflT fCfi~T \lTCfr~W Jt ~ if)~T ~ I ~ ij"l1WfT { fi:11 ~~T~ fq-fa t;fTCfi~ fCf.~T ~Cll ~~CfiT ~ ~T Cfi"{ lj~T ~T ctiTTf a-~T ij"l1T if ~ q1~ mllT~l1 ~T I i5lGf VIT~T ~ cn~ ~~ f.f:T f.i'( ~T~ ~ftf ~ ~ ~ ~'l f~T CPl"q;J 9,lH;;m')~ a-T qTlfT ;p::fT fen ~~~T ~ ; qT ~ I ~~ Cfif ~ ~ ~~T Etn"1.:UT ~ ~ ~ -~Gfi f~ ~lir Q;if 0 Q;~ 0 9.:fR ~~CfiT war I 'JiiT ~Cf) ~ t ~ ~ '11 ~~r\if ~ f~u Gfga' ~T q fc¥,,~ Cf,T~c: ~ t'T)iT ~CfiC:~ g~ , ~~T'i) lf~CCf~ ~ I ~ ~ fCfi W.\if T ~, il-ftGfi ~ Jf d i:fi ~ ~TlTcr :q~a') "({t ;,r1\ q~t ~) frr~hr \;fR ~11.: llTtf~a- olTfGfd~T Cl-:r lT~ ~~Hl gqr ~~ fCfitrT ~Cfi q-&:; ~ "'QT ;rrrfT I fq)~ ~ fCll ~~T~ ~~ ft;T CfiFf{ \3"~I~ f(Yf~ l1T+f~T ~~~a- it ~PH ~T"t ~To q~ iii qT~ \1T ~ I lT~ ~t tr lT~ f~'T g~r fCfi q~ ~~CfiT W ~1=if ~l1Tl1T~~ fC1~lf'i1 ~ ~HT ~tr ~T"(cr CfiT rr€r '{~ij T I 9;li1\ (ttfT i$ff(fT mq q~ -~1 emfT CfiT ~~ CM:'iT ~~?r ~ I ft;T ffifTClf.,. ~ +n=t ~~~iiT ;:lfTlfr ..rlT ~ru fitflR"a' ~ ij' ~~ l=GI1 it ~T\if fqclT~ ~ q~~ ~T Cfi"( f~lTT GfTQ; fiT rt «1 tf+r flfTJ:t ~~~ it, $ ~ ff1=Gf;:a- it 9;J11.: ~i=l1 ~cll ~) ~~i1"f I 'SI'Ntf'if ~ ij"1=Gf;:~ iT Gfgcr -B"f ff+f~lTTrr ~cq;:'i ~ifT7: ~~>r~w if tT.'F ~r~Gf~~r ~~ T if. T ~T ~~, ~ ij' ~Fr~ \9~ ~T iT1t ~ I ~ ~ I Uff~Cfi it efT lT~ CfiR ' ~T fCfi ·Ulfq7~T Q:T ~f9;fT ~ ~~~T ft;T f.,q~F"T mTT-lfilT • .:;, v rr~r, ~~ cr:r1 ~"tsR:n it q~ - f~ ~ ~T7f «~)cT q:q{ZHr ~(ff ~T~ g I ~f~ ~+f ~rrqq; ~l"{a-T CfiT ~T~ if,~ f ~Cfi ~~ ~W it ~Clf 9."qr CfiT f'l~a' filfCl,ifT .,r~) Clif ~!1T T f~~T ~I ~Cl;;r it p Cfi~;r Gn~rr EFT1:'1 Gf.,T ~ I ~fCfi'l cp'qT -Cfi~f ~cn R' fen ~~~ ~~ "~T f;n:1 ~r " ~ lT~ '*1f q~if· CfiT fif~ar ~ fcti tfi~t ~1"{Cl CfiT~ ~ (\l q "~T (YfifT "{~T p', t:; fi, ~~rt «Clf ~T if~ ~,9;fT,{ ~~~ :qp:r Cl~tfi ~;jfn:T >TCli ~ ~ "{~ T R' I Q:llrt B" T~r \?r~T ~fCf ~Tif l:r~T ~ifT '{ ~ ~ fEf) Cf~ fCf~ it q~=q fGT~~T if CSf ~ r~' CFT CliTf~ Cf.'{ "(~~, ~ ~ ~~ ~ I CllfPl f~~ CflT ~f.j-C:"T~ ~T ,{~T ~ I :qrQ:ar R' f~ \3"'it.fiT ~fq ~~~T ~)liT :q"flT ~r\ifti1T., it 1iCfi 'Cf~.,T >rCfiT~ it ~T~ :qrf~f?;, ~ft.fi;:r ~~ ~fCf ff'+rT oT~ ~ I ~~T,{T B"rCfiT"{ ~ \jB" en: CfiT~ o1:j"CfPH fTrfT \ifiSf Ul1T\if CliT ~fCf \3"'flt~· ~~~ .,Q:T CfiT csrfc;ep ~f~B" ~ . ~., er.~~ qT~) ~ ~~ rr.T ~fCf ~~t I ~~ I t ,(TtS~ CfiT ~fC{ f~~ o(:fCft~T EF,{ ~T I ~\ifT -qTo cpT o~Cf~ ~T ~ '+r~ I ~U~ ~1rr ~~Cfi) .,rfr CfiT \;f'ffl ~T;r ~~T, \ifarfGfi ~Cfi :J;f1~~ ~dT ~T if~ ~T ~"{ ~"f ~T;rT, ~rnTT'i ~;:rT ~T;rr, \3"f~ ~T I :qTf~~ lf~ ~r fir. \ifcsr ua1 >r~·n ;:lfPr ~i1' T ~t ~T I ~({ ~ ClT q ~t q~ f~BT efT ., \ifTif fe:I.TT ~ TD: ( o'Q'~ ~F-T ) -- ~~ ~ f~Q," I B-fCfirf (1"f(9T (1") r 'T(T ~l~ ~'*1T '*11 \5ff '{~ ~ I ;qTJj" ;,rT~lT tfiT ~:qr \iff ~UT fCfi ~+rrt ~rr. f+r~ CP~ "{~ ~, ~ '{~r ~ I GfgCl ~ ~11" ~;f g~ ~, ~fCfi., Cf~ 'l ~T t.fii?:'lT :qT Q"<:lr I ~~l=ar ;:lfTlf fq~F;fi ftf)"{ 'flT ~q,{TCl \jfn~T ~, :Q'flT ~~ Q,"Cfi cf!lzrr- iSf ~Cf ~~~r ~ I 1)- ~TR' iTT fCf1 fCfCfT~ m~ Cff~ ~fClf"~l1 ~ I :q- ~6fCfilJT• Cfi'T cf!ll:nCff~c:. ~ f(;fit ~tTn: flfi~T \ifT '{~ ~ fi5T'lCfiT \3-;r ~B' crti' CfiT ~ I p.. n ~T\ilo:tl~ ~T"l!li~ ~T~~T: l1rn:tar~ ~ClT~~ ' EfiTTf CfiT il'TT ~T~ ~T ,{~T ~ I it ~~it ~Tq~ ~Cfi \if~~ f~~T ~_'I'2", ~ ~f8''_ ~aT.,T :qT~Clr R' fCfi \ifT ~T CFT1:i1 ~Tq ~T~ f.,lllf ~ >n~+'fl ~ q!['qTq ,(T\ill ~ fSl'«r ~) \3'UJr lq'Tq"FT ;:fr l1Cf ~T oTCfi ~TaT g q"{;:~ .,if'{ liT <:r ~~ q;- >r~ep n:u e)?f ~ f~t:tl f~flfCf ofCfi rr ~T ~TCfT I ~U~ GfT1: it ~FTT f :if"ct~ Gl'i~~lj rIO ~ T~ tr 9;ff?1Cfi , ~t, ~n6:csr ~~T iSfClrti,~ · I ~~~ '=lfTlfT'(.1lf t~T fqCl Cfi7ifT 1" ~T # ~UCfiT ~~ '{~ ~r I ~U~: ~T~ Cfi~~ CfiT +refB Gr 1J~ ~ ftf) J 0 «Tllrf\ifCli f[fToi1T 1 ~ Ti3f ~'d I l1i1Tchnfi1' Cf,T, ;;;rT~ CfTfr ~~~j it n:Cfi ~l1T l{ T~lf &T;Tr I ~llT llf~~T ~rr3iff ~T"{ qTB" -q~1nf~T eFt mif iT ~TlSfT f~~ ~ f\if'fOfiT "-1TiSfT~T q) m~, f~(f fClilIT if'lT I lf~ iSfg-<:l ~'O~T GrTef ~ I efT., ~T~ , :qr'{ ~T~ I qt:;:;r ~T~ ~ I ~ ~rr~ 1I~ f'l~~i1' Cf1~ 'ifT fCii' Cf1~~T it ~1 c Cf~~T('f Q,"Cfi :qT~ ~rrCf if efi~'lT ~T~(fT R' I lf~ . ~Cl"{ q'{ ~T ~tif rl{T~ r~lf 91T ~!lfrqrrr ifiT sm=r ~ f"Fur ~T ~ 'f~r ctif! ~~T ~ I UTq; ~Tt( ~;(t'{ 10 mijf EFT \if'1~~lfT CfT~r iTT~ i1'CfT ~~r~' I ~r\if ~11T=t ~!lT criT ~nH'i -if,?;T ~cT~ iJfTt:; I 'tT~T ~ I ~ ~r 'flT ~T, iSfg '11 ~ I lit c4T ~ qT~ ~HT '11 ~ . ~'{ 1966 ~ ~Tiif ClCfi ~ ~«it f~{Sfr ~ - I (62 Cf~ EFT i{l~ >rrco ~T<=rll~r ~ , ~fCfl<=r ~r:j'f ~« ~;r~Tetfu it en: B~ ~ q1l:qfcr fCf1«T \TT o(ff"Cl 11)) ~~if 211 Family COllrt.'! Bill AUGUST 27, 198 Family Courts Bll 212 ;'llTlfT~2l t rlfTlfrerTm ~ Cf it 'i crr f;{~~ ~r ~TiSt"f T ~ ~);;Cfi,{ mT~~l: rr ~ft • Co f~~T i';fTfl ~T 9;(1<:;:r Cf~ ~~ ~q # CfGUH~ J;fq-~ qr=tf nr'1C '~T~ ~~r ~ I ~1in:T {{Cfi ~ 1fT I" ~ij"il \jf) 6:2 qq CfiT ~TllT f'TgTf"(~ Gf~ff ~ +rTiifFFf ~f;;c cr.T iifTCf Cfi~T ~ 'I it ifl') ~, ;r~ ifiT Cf rrT llCfi~c{ ~ I it Eti~<=r T I~T~cn t:r~ fCf.,~ f'i~~'i Cfi ~. ~T r;:fi ~ ~ij ~nq Q;Cfi ~. fCfi ~ «i:t ~1'f Cfir ~l~ ~TCf 'T~l "{~'TT \jf~\ ~ ifsiir: Cf.~ f~ ~fr ~~+:sr ;:l1Tt:jT~lf l' ~~~I et;) l1TiilT~ q ~frr ~ ~l;;T ~TfQn: I Cl~ l:j°f;;c srTf sT er. T f"Cl ..1 FT :J;f "( I ~rTCf) ~Cf, q~°=qCfi"{ 9- ' ~ ~+n~ 4lQ:T lfF:f) if \jfT sr;r~ {Sla- ~ '" 0 St;;f,T frr li~ TIT ~ I if :S'T !ff~~r ~ fTTq ~T i[ ~ ~~ ~Tlf a~ fef,~T cti"\et ~, 7Fr ;gr{' ~!ff)~'H) Cf:r ~I+{~;; ~~(1T i ~' h: ~q~ fiiff:'Plif ~tif 80 q~ O ~ ~~TiST ~)~fr ~ I " ~~;:il ijiT fCfCfTc{ (f~~ cr,g :J>H C{ .rf ~r clCfi if\'~ ~iifi~T ~ I ~ ~~ T rr~T' ~fCf'T 'Z:~ f~~ ~ft ;:rClr f~;;;T ~ ;.~qff{ (fCf\1fl:T cn ~ T) : if f<:1"WT ~ fCF ,I fOfiB'T ~'V :q ,:rrp~ n1lf CfiT lf T~ ~~~~1 1=l ~l C::lf , ifB" qr Cfi'Titr fafi;1 "fiT if ~ ~) liT iJfaCf. ;:(:fTl:jT~~t Cf.T C1 ~TTcm: Cf,11 7111~ " ~\(fr ~ I Jfaf ~+r i!TB"~ ;; Cfi~ "(~ ~ ~q ~Tij qq aq)" iq"fCTCfCf?H \~ ~T" I ~ ~T ~~q \IflO Cf.f~~t ~, Cf~ l1 f~~T ft ~ ~ ~'4" \jf~ q"{ lf~ f~@T ?, fOfl II '$1HFf it ~rn tf.~ " a- ~ I ~TrFfiT ~r~+r ~ f 91 ~T\jf ~~T ;:'1Tf~Cfi '1Cf q"{ lfT fCfifTT ?;ffU!f;"(UT ~ " i{.,. irs \fHfT~ 2.1" ~ I JffF ~ TIT ~~r ~~ ~fl1 it q-~ q"{ l1T ~'Ef J;f 1-.rCff "(T\i"/1 ~ ~a-T., ..... ~ . " ;r.p.rr;:r q "{ ~T "\%"rrr I ~fi~l fiqTJ: if~ CfiQT fCfi . fifl~T ~~ q~ q ~, f~~il fGiTfa- CfiT fCf~q irs I m;:r ~f~(f ~), ef)Jf B- cr.+{ ~Hf (ftf Cf'l'i t:j~ ~<=r ~rffTlf ;:1 ~ iif~ - i1q;~ru Of)T o "{~T ~T " I ~lTq~ ~~ ~T iifTa fTT~ q~ ~ ~T ~nr ~ fen ll~ f~i3 ~u sqf~~ 'i ~ % ~Tn~nT fc::rr 0"TJJT TTlfT ~ I ~Q "fiB"T TT;qT , ~\:I if cr.T CfiQ:T ~ I it ~ 'ifT ;:r.n ~T r 0 ~lT ~ ~~ ~T~ q "(. "(Ti ~@0p. I l1~ fit; ~rcri.f,T ~~ +f +{ ~) ~T ,{T" 1.,. .ft: (%~H) ~~lf&l \jfT, q-"{ tz~ ~f:~C?f {{etc ~i:j- ~ lir~ cp ~T :qTf~o: I ~1Rt1 f~;:~ Gfi) qt~ fJffic f~~ :qrf~~ I ~~tfiT CfiHUf li~ ~ fCfi f91B"T B"11~ ~ef) m 213 Family COllI'IS Dill BHAORA 5, 1906 (SA kA) Family Courts Bill 21" if • ~ij" ~l1 lf ~nTCf F. f~ Gf 0~ ;:r ~ fq~r 'fi)i~ i ~ ~ 11 Pl~T ~ ~T "" ~ TlT ., ~TaT I ~ . enT ~l1 T CCf Cf,T ~, liT \3"rrif. :I,;{faCf,T~T ~T~~ \3"'i ~T l1(.fT tTiT f"~lf Cfi~ "3"'iCfi) ~~if. iifiif ~;;Tlr :3fvi' tj ~ Ef~ CfJ.:f ~lfT ~~ trq~T~ I cr.,r Q.ln~ ~~ T ~ T~ ;;r) if f;;~~ Cf,'li ij' f'fC'f Cfir, CfLlT-CfJ.:fr lfl 1liCfT ~\ Cfl1T ~Tif it ~T~T ~ ~ \iI ra- ~ I ~~T CfiP vT it \j~ 'f.T ~~Tq) Q:T, ~;;CfiT ffC'f~T Q:T I ~Q: tril' If)iiT ~~1 Cfi~li~ 9; f'ilittTT ~; ~~ncr Cf; T ~rf.fq;:r ~T~' ~a ~cr;f -';: q~ ~ I efT it\T =t=fT'* ~ ~ ~~T ~ I .~ l"it l1~l~lf ~Tq q"{ fili lfQ ~t fcritlfCfi C'fTl1r lfllT ~ ff\ Cf, T~ tfiT .,rlfCf ~~ fciQ''lCfi etl) It :qT~~T ( fCf) ~ r q it~ cT+fF f ~mCf) f'1 FT cp~~ CfiT Cfi~ 'f~T ~ I ctllT mq ~ q~ f'f=tfF Cfi'{'ir ~T"{ ~tr fiiT(Yf ii ;a;:rCfiT '" ~a- tft:P.:r ij'~;; ~t fCf~CfTB' f~(lT ~ir fef. ;;rrq mlfl19' 91-i:' ~ Cf~T ~'i if ($fen ~it fer. f~ rr 6 l1QT~ i:i If T ~Cfi B'r~ ~ ;;rr~\ e~Cfi) IT'l ~~r~) Cii) ~rq~ ~ I 'i f~ltj T ~ I ~ ., 'QT~~T ;1, ~ q;;r ~ ~-('~ tTT~ ~lIT if ? 3;fTiif tT11Tiif ~1\ ~T~ iT ~.'T fiiT c-r Cf.T ~:P:rq., Cf,~('ir & ;t;fi "{ rrfrCfH if \ifT fcrtr'l1 qf~f~~fCf~t ~, CfiT~ ~T ~~tf.) ~T~ ~i ff"1n: !Tar., ri' ~r \5fT =J;fT~ ~ffr "{ T \i'~ ,,~ ~ \iI'tT ~~ tTl1P::rr., ~T I l1T<={rtT ~ rf?fT \11) er.l cFD. crl~ ~;:ft ~ I '" mcr!(llCfiCfT lfQ: ~ fCfi tTl~ \T\rlfT if 'l~ Sl-it ~t)Q'( ~~T~ IT) ~~ (er.t~ T) , 3';fC;~ ~:r ?f.Fpr c:!\rcr ~T~ ~)"T 'tfTf~q; ~T~ \;iT ~rq 'Rt1:f1H ~)q'lf: q:;1f ~ ifilf tr~ dlir.f these social Bills are being dealt with in this Parliament. The e have been bro ~a)~~ I ught on the last day. No time is being given for proper deliberation and ~t ~T'f fc{~T~ q1~~T" : mq ~Cfl for proper consideration of the amendments. These cannot go on. (In'~r en:1=!" etl'{ aCfi ~Cfi~~ ~ fCfi 8, 9 Gi~ ~~., ruptiont). ~ml MR. SPEAKER: All right. You ~t ~(tT~ ~"T\9f (iiflf~) : 9;f~ 12 may please come up with some sugges .. tions, very gopd suggesti ons with all the ~ arr~ afoifr ~T ~ a-T Cfi\Yf ij"~~ of?; vehemence did not with agitation . .... GrTlI" I SHRIMATI GEETA MUKHERJEE ~, ~Tlf fC( T~ ~H ffq'l;r On social BiBs , 1 do not go in agita tion. ~~T ~? SHRJ N.K. SHEJWALKAR P..lT 'f<'rttA ~nq~l: ~f~ ~~lfer GrT 1 (Gwaliar) On sllch an important Bills, no proper time is being given . ~ ~f1U ~ 'f~r G(~it I (Illterrupt ions) THE DEPUTY MINISTER IN THE OF SPORTS IN THE DEPARTMENT SHRIMATI GEBTA MUKHERJEE MINISTRY OF WORKS AND (Panskura): The first thing which is HOUSlNG AND iN THE DEPART really one I)f the serious things is that MENT OF PARLIAMENTARY AF thi ' Bill has been circulated to us in a FAIRS (SHRI MALLIKARJUN) : Hon. hurry and that the hon. Minister has M'?mber on thl! other side have al I no l deemeu it proper or COlI Id not find along b en co-operating ill carrying time to attach Obj ets and Reasons for out the business. 1 now earne3tly request considera tiOll or for passing the Bill. them to b\!stow tiH-!i r wiseom 0 This is a serious point. It is not for that the Government bU5.iness is comp agitation, J assure you. But I feel that leted. . tbe social laws, if they have to have any impact Oil ·the society, the obj cts much SHRI SATlSH AGARWAL: We be very clearly brought out-what it are ready to co-operate. But this can proposes to do in all seriousness. The not be passed to-day. Executive anu the Parliament should be clear on this point so that ultimately SHRI MALLIKARJUN: For every the person who will be dealing with the BiB they should take as little 'ime as law point should feel that this is some possible. thing with earnestness thM is beine pressed upon in the society. Here. I feeJ that has not been donc. That is Qt,lf~ 'f~~ : sq-rq ~~ «;rlf C:T"(lf why, I say it is of no use to hurry it ....,,, .... ~tTT ., Cf)~, ;ro iif TIf I up. eat) 1=!"'l)'{1'f Cflrr" ; ~ ~fll\1T Cf))i, Why I said about tho obje ts aod Reasons? Before I take up any other fCf~ q:;) qTij" i!~ GTf\1fit ~ifi ifTe: ~~iT I clausc, I shall take up who wilJ be appointed as a Judge. There. certain SHRIMATI GEETA MUKHERJEE: ideas have been given. But these judges Five minutss. should be guided. That is the most important thing. There are objects SHRIMATI GEETA MUKHERJEE: and reasons are necessary. You have I cannot finish my speech in five not eiven it. But here what are you minutes, I very much protest the wa)'-- aiviag : 219 Family ourts Bill AU US 2', 1984 Fami /y Courts Bill 120 -'every cod a Ollr shall b _. m d .... to S cond Iy, would like to say that my ensuro that p.:>r ~ ns c mmi ttl:d to the friends hay be n very crit i al and I need to protect nd pre crv~ the fullyagrc(.; with all the contention. institution of marriag" and to pr - They hay said , election, stunt cl(: 1 am mote the welfare of hildren and now lea vwg Oll t elel.: t 10 ns. :Bu t, Si r , qualified person ... ~, wheth~r there j~ election or nOt. l really think that this has been brought falher tl a f"ice · aving devJce. Otherwi e. Here, the qu tioll j with what speed there woull have been more thought in these court~ wi II a pproa h the subject the \\ holf thing. Ll!t \I 'C, in the very to protect and pr~ . c rve the in tltu lioll of beginning how the::se COLirlS will Cl)nH~ marriuge. Now, Sir, tht! point i ' that into forcc. It is very clc.:a rl) written. our oci ty has n o t yet come to a it lIa Il shall come into forI.:' lin ~lIch date tion whet' the prillcipal problem is that as lh Ce,ltral Government may by noti of marriage b illg t rn a. Ullder. fication ill th.; t)fficial gazdtc al)point Legally, they arc not b(;ing :orr. and diifel'ent date may be appointed asunder. That i not the probl ·m. The for dilfel cnt State From the very most eri liS problem in our society is b<.:ginning. you arc t i..l killg thnt when the feuda I i nheritdLl..!. That i there (his Bill \\ill be passed, SOl'..! Statl.. ,at in the ci t ty. Th3t bei ng the ase, their swert will, at different dales, will there ar millions of famill ::" -; wh ~ r \! th~ be taL::ing Ie OUl~e to this Ac t for achiev marriage in ti(utioll i in the o-ca ll ed ing the objtcts. From the v ry btginning, protected conditioll but the woman is it is diluting. subjected to un uffcrablc tligJd ty and thereby the ntire instiwtion of mar Theil, we come to thl.: question of riage is brought 1 u pass that some rules. It is really vcry intocsting to times it i<; really a . ort of in · ~.dt to note that all the crucial que, lions are us. to be I..:ovcred by the rull:. Fir~tly, all my colleagues have said ... Now, what is t he criterion of select ing judge ? Why should not one word be there that ill prolecti ng fi nd pre erv MR. SP AKER: Please make ing the in titution of man iiJgc, the points . dignity f WOtnl!Jl mu t be takl' n into account? You may say, why dignity SHRJMATJ GJ:ETA MUKH RJEE : of women 'hould be tak n in t i.tccount Sir, in the b: ginning I have said th se and why not dignity of men. Yes. dig !aiugs require some explanalion, pBtti nity of man should also be taken into cuJarly in the alm u s ph e l~ that prevailed. account. But in the socil.: ty, as it Before, I started speaking, mirthful and stand, it is the dignity of woman which gJe ful atmo phcre was there. A very is in the rno t jeopardis d condition and ligh t atmosphere was there. Tha twas thereby I would say really it i subvert nOl condusive for social laws. So, J ing the very institution of marriage. again lequest you also to understand That is the big problem in ou r ociety . and please giv me a little time ('ven for Therefore, I feel that if you do things making points. I am not a juggler. I in a hurry, then the essence of things is must have a little time. I am trying sometimes really lost. In my OPJrllOI1, my level b st. (blfcrmplions). here, this concept could have b en a running concept which J find wanting, I come to the rules. My friends have At this Jate lage, we have no oppor a Iready said from both sides that you· tunity to stully the Bill seriously a nd are appointing a principal judge. come with amendment. J wish the Minister will com ~L1o-mo tu with They are a sking the State Govern amendment and include some phrase ments, in consultation with that Judge. in this Bill which will give at least a to appoint orne other Judges. In that. orientation to this entire question of the question of having a woman judge judaina how the family courts wiJ] re has not been taken into account; in conoile and with what spirit. that, the persons wi~h other qualifica- 221 Family Court Bill BHADRA 5t 1906 (SAKA) Family Courts Bill 222 tions have not been taken into MR, SPEAKE It a 11 right account. • now, MR. SPEAKER Have they barred Q.1MATJ GEETA MUKHERJHE: • women? Il is not all right. It would have been all right if th l.:Y had d ne it in n proper SHRIMATI GEETA MUKHERJE wuy, There should have been proper Tha t i not the p oin t. J hope, you have statutory provisi ns fo r all thl.! e things rea d the Bil). There is Clause 5 where in the Bil l. these rules arc coming in, as 10 who will be a'> o ci~lt._d an d al l that. Only Then, my fl ilnd have rai ed the an a so ia tion or an in<;(itution or an q uestion of J Ulie.:, That i. a very re orga ni:-,a tioll i.!nga g t: J i n . oeial w()lk leva nt q uest 'on . Wh h u. that provision comes ill Only p r~o n engaged in rot bl!en m ntlc ? the (kid of social WOJ k come in . I do / not k now WIll) a rc the r ersolls proft'ssio~ MR. SPEI\KER: Plea c conclude nally engaged in promol ing welfare of no v. t he people and doi ng soc;·11 work in the field . I hOfh', they a,re not the p ople SHRIMATI (j[ETA Ml,JKHERJEB: as in (he case of Ih (.; Marriage Bill. In IH1V ': Ilot rai-..: d ally single point which any cn'>t', whatever non~official organi~ i~ irrekv:1l1t. If J <:pl.:a k irn: levant. you saliol1 i ~ being conceived , whatever Cdfl st ,')) me. non~om c:i a I rer O:l S are being conceived, they are being cOl1ceiv,_d only as an MR , SPE.,\KER r have to give associ atc you t im ~ ilL'Cnrding (0 parly stren PROF, MADHU DA)JDAVATE: gth, Proba bly, they are trea ting hu , band,> CIS profess iona Is. SHRIf\,1ATJ G ~ ETA MUKHERJEE: On t;VdY (lllirr B j~ l, t he li me is extend SHRIMATI GEETA MUKHERJEE ed, O;)ly Oil this Bill, you are not Therl.! are husb and,> and h lhb'lnd . Say, extending the tim\! . I am lr ing to be for exampl::, i I" PI of. Madhu D andava te as fa t ali I (',' 11 . d ll1 on ly making will be on it I will vOle fo r it. point which a rc very r~' k"n nt to the Oil1, Now, ~s t o who will b 8<;<;ociatt"d and how they wil! be ~ s~oc; atcd all that Thre in certain provisions in the Bill · ha,> been Id,t to the rules. Tt s~ys that. which are very difficult fer me to under III 1.' 0 11 , uftntloll with the Hi h ,.... st.-wd. For exu rn p!r, th B' II provides g '- ollrt, t~ c S tale Government by rules will asso- that (l'l !Y the d ;', (ricts h:.l \,'i ng 1 miIJion cIate Ih es ...· pl.' r'iom in stich mnnner and popuhtion will have til ..: ftlmily curts, for slIch purpose [is they mav deem fit Many districts do not hn vc a popuJa 1n wl~i h manner they will be associated: tion of one million So, tho di tricts thnt IS kft to the St ,~tc ('lovcrnments may not helVe family cOIl'rls. They say For wh at rUfpOse they will be a;;socj:l~~ that 1 he ell e whi ch arc pending in the ed, thaI is a~Rin left to the Stute gub-divic;;onu J courts or the di trict Gowrnments. The rules will h mad C<'L1lt. will all b" tra n ferred to the by ,the St:1( e Gnvc rnm ("' ntc; . Th v are fnm ilv court" . That means. today the ~rYlng to introduce a n w ot;;nl co ncert villa;e women who go to sub·divisional In , the," f MR, SPEAKER: Please conclude il, ~~!R ~ f;:r~Cffi" Cfi\:~ ~ \1')- ~cr ~~ ~<:lr now, f!1T I ~ij' f~ if iJfiJf it ~q" it f.,~fCffi ifi SHRIMATI GEETA MUKHERJEE: f~~ iJf) ~~cfl ~ c:r rrf ~ \j~ lff~~Tift 'fiT Sir, wh ther you give me time or not, 1 feel cry strongly about th Bill. srq)i~ fC:lH ~ liT ~, ~~ if ~c.!tSc ~ ~fCfitt There are very many provisions in the ~Cfi arm it ~T :qr~T ~ I ~B' f~~ if Bill which defeat the very purpo<:e of the Bill, Take, for example, the provision ~Cf~., (4) if iJf) q~ crT ~ ~T fT~ ~ \Jij'~ of maintenance. It is a very important ~1~Cf lff~ffi'~T CfiT ~ ~.,T :!f~~ ~) prOVISion The women are not ge tting iJflirm I S:B'if f(Wl&T g~T ~ : maint nal1ce at all Link" .... )OU ch ange the princ iple behind the pI" vision of mainten £l l1ce. A YOli will be knowing. ( Cfi) ~"{cr it fCfi~ft i=tTTfl.l Cfi q~ q""{ lTT in ev ry case, after .1 fc ,v months, the fCf)~r ~f&Cf)\O'f ~ trC:~lT ~ q~ en: lfT ~er maintenance ic; stopped :lnd " 'omen do 110tgetit . J;f¥;fqT 7T'ilf ~ ~a-T~ fiftrT (T~ q~ ~r~, f:;r~if fqfa er.T fqW~ ~T., 3';ICrfem ~), Cf.11 Therefore, T wou ld (._·O IH.:l lldc by sayjllg let the hon. Minister of Law withold ~ Cfilf ~F; qq (fCf) "{~r ~T; liT the Bill now. Plea. e give mor~ thought and make the Dill cogcllt and then ( ~) fCfiB'T \J:;;:if rlfTllT(Wlli 'fiT rrr {t~ ~t pa~ the Bi"!-,o thn t that it wi II be effective. lTT ~fg'fi rliT~T~liT CfiT ~tTTffT\ If.lf ~ 'fill mer Cf1i ffCfi ~fuCfefaT ~QT QT; llT Thi Bill i not effective . (if) ItB'T ~;:l:f ~~crT~ \~(fT ~T I iif) A S ~' lcc t Commit tce is called for ~;:irli t1'(~r~ [HT ~~ ~ ~ ?liTlfT fwrfer 'fiT B'~llfa ~ fqf~Ci CfiT \5fT ~ I MR. SPEAKER: I hav noted the wishe~ of the House, Th hon . Mem- lr"{T Cf.~;:rT li~ ~ fCfi ~~H S ij'f{ ~Tcr bers would like that the House may be adjourned (,lHly I can t herefore make q~ ~'ti ~ fCf~ij' (f,~~ qT~ n:sq)~c ~T if !q'riJf~~ ~ Cfititr it ifgcr ~ I I ftfi~n '3"~ ;:zrT~T~zr Cfi'T liT Q:ij' ei't lfr W1T~'T ~T 1 m~ ~r iff\NT~~ f.:r~Cffi Cfi~ qfa'lfi ;=lfTtrT~lfT CfiI ~;-yaT\: Cfi'l ~ Cf.lf 225 Family Courts Bill AUGUST 27, 1984 . Family Courts Bill 226 'mer (ff:{ erCTl !q'f~CfCffiT ~~r ~T" ~~q f~f~~ fcrf-.r;:if erT~f~ fi;lfef ~T \iI"T ij'iflCfT ~ cn~T. , ife Cfl~ Cfl~ fG:~r~ 'f~T ~erT ~ I wf~~ CPT ~Cfif~~ cP~ ~ff a'T ~ro ~~T "(~or I ' ~~iT it ~ll~r ~ ~. q: ~ijfij ~, f\il"~"tiT ~~ qcrr .,~r 9;fTq CFGf ~ij' cpTi ~~if~w Cfl~iT I I CfiW :qrf~~ I ~;:rifir fiflfCf i1fT~' ~l~ ~)if -tllT'f \jff;l ,~ ~)rr ~~ ;:r~T CfiQ ij'~ ~ I ~oi1T ~erltif ~~~T arrer lf~ "ti~T ~~ ~ f"ti G:~ ~r~ ijf~"{ ~ fCF IT ~ij'CfiT q'Tij' Cfi~'lr m~ \;fil' ~ .etiT mGfTG:T crT~ ~qRT Efi f('ftt "tire" ~ "tiT ... 9;fTait CfT ~rrr "ti'fit I ~qrq'ffT "tiT \ifTillfr ~1~ ~'3; ~;:lf ~Q:T q~ '" ~T \ifrlTifT ~f"ti'f G:« ('fT~ CfiT ~TGfTG:T crr~ SHRI G,M. BANATWALLA fijf~ ~;rr~ 7.f~t CfiTtfiT ~ cr~ ~c \il"r~iT I (Ponnani): Mr, Speaker, Sir, the Bill has been brought forward with the ~~~ :qrq ~~ ffi'~ ~ ~\jfTn: 5 ~ Hi "ti~ ~ laudable objective of speed), settlement of crT ~lfTG:T ~~'3;r ~~r -lfQ: i:t<:T ~mCf ~ I family dispute with effort to promote conciliation. It is an undisputed fact that our present judiciary is so designed CfTij'~r ~rrCf ~ lff; ~~~T :q"T(;:fT ~. f"ti that quick, equitable and just solutions CfGiir('fT CfiT ~<: ~m iflfT ~ I ~~"ti) "tifi it of problems and issues elude u. It is practically impossible for a common \jfT~?r <:Tct1T ~lfT ~ I iAT\3fCfi('f \jfGffr:p ~lJft man today to achieve timely justice through our law courts. In the case of ~vr it gO-RS q)T«~r ~TGfRT ~Q:TcrT it ~~erT family disputes, it is mo t distres~in8 to ~, ~ij ('fT~T CfiT CfiT1:if Cf.T fGf(W~~ 'in treT find parties entangled in the cobweb of protracted procedure. Therefore, it, goes , if~r ~fCfr ~, ~<: CfiTTJT Cf~T~ ?r ~ ~~T to the credit of the hon. Minister to ~~~cr f('f~ Ofi~ tfiu \jfT~ ~ I ~~~ f~~ have come forward with a Bill that take cognizance of this sordid state of affairs. !q'rq"tiT "tiT~ fcrwl'!f 'F':iijfTlJ "ti~ifT :qy f~~ I In 1976 also an attempt was made to mrr\ifCfi~lfT1Jf ~~oifT Efi ~f(1 fijfu ~T GrTff provide for a special procedure in regard to family disputes and the Code of Civil ;:r~ "ti~ qT \5f) t:( Cfi CfiT'Iif CfiT ~TCfT Cf.<: 7iiT , Procedure wa amended. Yet. however, tfC6cfT ~ I ~tff~~ II ll!fT \jfT ~ ~q-an there was no appreci able change in the proceedings relating to fami Iy disputes. ~T R' fCfi ~ ~u fGf~ ct1T EfTfqu ~ ~ 'l'h: ~Cfi CfiTfl:~~fuq f~ (1T ~ J crT ~lfT~T !q'!ii~T 1 do not, therefore, know how far the ~~m I \jfT SfTqa-T~ ~Tq'f ~ 6" fGf('f it fiffQ:Cf same procedure which is now being incorporated in the Family Courts will f"ti~ ~, \3';;~ i;fP1CJiT lJ;;)~~ lfU ~);r crr~T really improve the position , However, J w:r~T ~ I 'i;fTq ~~ ijf~~ qpliT fCfi if~~~ must here stress that the success of Jaw in achieving its laudable objectives will t.tf\jfu~w;r ij lf~ Cfl)~ i;f~r Gfrff "~T ~ I depend upon the persons aDpointed to fern SfCJiT<: ~ ~(W~ if;f'iT I CJiGf iftl'iT i;JR administe'r the law. Therefore, care f'fieri{ fG:ifT ~ enG: olfcr~T~ it ~T~'iT I ~~ should be taken to entrust the imple mentation of this law to u h Judge. sr~ ijf) ~T~ \jfffCfT CfiT f~"T :q'1 f~~ ~ who are not only fully conv~r ant with iJ~ fll~ q-r~~T I this particular branch of law but also have the proper commi tment and behavi our and who are also fully tra ined to ~U~ ~~crT if lf~ :qT~r ~r ifGfTlf deal with such matter ... ~ f"ti ~ \3'~ Cfr~r~ CJiT ~Cf~ ~T~T I i3fT PROP. MADHU DANDAVATE ; ', ii;,['Tlf ij'~cpT~, ~T~~ it q~:q;:rT iTU , and who are also conversant with family . .lJn SHRl a.M . .BANATWALLA: may One objective of the Hill is to seem: here draw the attention of the aug'lIst sp edy settlement. It is a laudable HOllse to the recommendation ' of the objective, pecially in matter of fami)), Law Commi sion in it' 591h Report. In di pute. Their going on for years aAd its 59th report, the Law Commi si n years i an unhealthy trend. But the Bill ays at page 13 : doe. not lay down any time-limit ithin whi ' h the proceedings should conclude. "We would sugge t that in due curse It should, therefore, be provided in tile Slate should think of establis.hillg Bill itself th.lt the proceedings should b:e Family Courts with presiding officers concluded a exped itiously a po sible who will be well qualifi\!d in lav.:, no ju t a yOLl want my p cch to conclude. doubt, but who will be trained to deal But then with dispute in a huma ne way". SHRI M SATYANARAYAN RAO Therefore , I must sIre ' upon this f SHRI G .M. BANATWALLA : 1 n1U t PROf'. N .G . RANGA: Very gomt. stress that selected Judicia l Officials be posted to Family ourts. No doubt SHRI G.M. BANATWALLA: I baVoC they must have a thorough knowledge of al1oth'r amendmen t in thi respeet aIa-" fami'ly laws and traditions. There is one on whi h I shall move and speak: a·t more point that mLlst be borne in minu. le ng th ~Is(,) at the appropri ate stage. Seven\! religioLls communities, e pecially the Mu. limli . have their own per. onal Before I conclllde, 1 mllst say th.. t lawc: . The Family Court Judg~ rnu t. these laws are rHther complicated. Th-c tberefore, be well-vers ~ d in these per hon. Me:l1ber Shrim~ti Suseela Gopa1aA sonal la ws. Further, i ( is:.l judge who hJd poi nted out th a t there must b.e has full knowledge of, who is comlllil t s<'ll1e provision of free lcga I aid. But tben ed to and who has faith in the v.tluc t ll;, t rrovision is not there in the Bill. system of these per onal laws who will I ~lIPP<'l' t her point of view in tbi's be able 10 promote a mea ningful 011- re spec t . ciliation and who will ulrimJtcly benefit the society. Therefore, where f'arlies ' HRIMATI I ISHORI SINBA to a disJ'lute are governed by ally pecif1c (Valsh @f pressures from social welfare org- ~f~~r ~. I l1~ f~Ol ifT f~lf ~ ~. is. tion and women '$ aSSOCIaltOH~ that the· Government hav ~ come up wi th this ~Nf Sf'TT ~~1 ;:7.fT~~lTf;:r c11<1~'q'T 'f~ piece of social legis l iii f~C{ ~ "fite: . GfiT+r ~~T Cfi~tTT 1 fij'~ In the end I would suggest there i no mention about whether the law is "fiTi Cfif Cf~~ ~ ct1Tlf "fittTT I ~fCfi'1 lf~r applicable to Muslim women or not. 1 t ~ "fi~~T :qr~T ~ fGfi "fiTCOT qf"{qT~ f~fC~ should be available to all the women inospective of their religious faith . ~u trT ~Ttrcffi ~~"{r B" f~.~"{~ ~ I ~~T iii GfiT~Uf f~~c~ ~ ~ I ~~ ~ . ~T ~ Sf~l~ ~"hr~T (~l{~TCffi"T) : ~ij"u f~f+ri{~ ~ ~ I ~CfiT lTT ~~ ~ . V8lf'fl' ;riIT~lf, q1flf~T CfiTi f~ ~ .~ it ~(1tm :JfT~ I lf~ ~Tq it ~~T :qT~ ~ ~ ~'lT ~r~ ~Gt=I ~ ~r11~ \~T RI 23 t ., 'Family Courts Bill BHAD~A S, 19 6 (SAKA) Family Courts Bill 232 ~~fr ~~ ij- ~~:ft &1JT~ ~~ '+fT~ ~ ll{{T Ft f~~ tfif tfi~ \1"OTt:; ~~ ~ I ;rf~rq) ,. q~ Ciffir~r ftfi cT~;r -f~f;rc: 'i~T ~T ~~ ~ , ~ Cf.T'B ~ G1T~ it lf~ ~Wra-;; ~T;r 't:fiT ~1li i ~trf~~ ~r ~Cfi ~s:JTCl ~ fCfi 6 ~~T~ Cf.r ~gCf ~~ CfiTlf ~;r ~)~T ~ ftfillT ~ I ~«ij ,-, ~'ilf (flf ~ ~T :qTf~~ ~l( J)ftfTeyr ~ f~~ tf\lT q-~ CfiT ~\lT lJf~~T ~~~lf ~,.'\ ..,.~ ~r;; If&r~ CfiT ~lPl (f~ Cfi~ ~T ~lf~~ I lJ1~~ ~ I ~Gr ~ @~ f~~ ~ ~~tfir oom:r ~ ~ ~~H ~~)a-;; tfi<:'iT 9;fTcn~~ ~ I ftfilTT ~ ~~ ~U~ ;r ~~ iT1'{q~~ Cf)"Tlf fif~- ~T9;fr ~ GrT~ it CfiT'ff it 5I''q'TCfT ~~~ ~tr~ 'l~T cn ~~r~ 'CH 'fiT lJf~T~, ftfin: ~ ~,.'\ ~ ~l{T\;f ~ ffil1;r ~UCfi) '\'9- ;;rriftur ~f~m tt I mf~qHrT-~f~~'i ;rf~~T tt Cfi~ ~11 ~tlf \ilT ~~ ~ I ~~~ GfTCf~~ ~ > ~q-;r ;:~Ttr Cf1T ~-:qT Cff,'i 'i~ Cfi~ ij'Cfla'T I Cf.tf f!'U a~~ CfiT GrTef Gfi"{CfT ~ aT ~~~ . ~ . ~fr oq) ~T ~f~T~ \lcyft-'qtf~ cnf~Cfi ~T ~~ (f'{~ CfiT ;rf~~Tt;f) ~ I 'lil f;:r~fCfa fCfilH \1fFfT :qTf~~ I ~ ~T cn:~ ~ ~ff ~T€i Cf)"T ~TGr~T CfiT THE MINISTER 0 LAW, JUSTICE ~ RI' Cfi~T 71 { ~ I ~ff~ ;ft~ f~~T ~PH ~ AND COMPANY AFFAIRS (SHRI JAGAN NATH KAUSHAL) ; Mr. Spea fCfi i:;f ~-\1f~t J;fTcPP~Efl ~trJT ~~t It CfiTi~ hr, Sir, as I had stated in my opening ~~TfqCf fCfi~ \ifT~ ' ir' ir~ ijllT({ U ~UCfiT renlal k , this Bill has been brought due to the mounting pressure of women's \TlfT~T ~q1Sc Cf.'{~ Cf.T 9;frq~l:ICfia'T ~ I 7;I';:lf~T organisa lions. They were very keen that 'lit SfT(f ~i:r ~ \;f~t q<: 10 ~T'9 EflT ~TifFft Family Courts be established' There wa a lot of difficulty in getting this Bill ~~T Cfi)~ ~~ ~ Q:T t;~T ~ I ~~ a<:~ ~ ~ through, from the various Ministries, SfTCtT it ~Cfi \IT ifJT;:;fT 'fiTi .,~ ~~ There was a Iso eo recommenda tion of 1he \:> Joint Committee on Dowry Prohibition Act that Family Courts should be set up and the Law Commission also said it. So we have brought it and we have aTcr it it lf~ tfiQ'lT :qr~aT ~ ftfi ~T\;fff:(T brought it with a good intention. But iti arr~ ~ Cfi~ CfiT'l'l 1tf~~r~T Cfi'T 'q'~Tf * now.1 am surpris\!d that lhe hon. lady members say that we have done it in f~~ GAT"t ff~ ~ r ~\lT ~tfi ~1tT~ 9;ftflf\1f'Wif haste , it should be sent for public ~ m~ tiT« "{~ ~ ftfi ~;r \if Gf t{'\tfiT'{ it opinion, it should be sent to Select Committee, etc. I think there is some q[1:~iT a'\lT ~ tfill{ ~mT I ~~ fq:qn: ij contradiction in the argument. Either \lT~ IfiT ~;r ~~ it 1tf~\q'T ~ ~Tur we want family courts, or we do not. 23j ·Family COllrls Bill Auau T 21. 1~g4 amity ourfs .8/JI jj. " SHRIMATI PRAMILA DANDA- given the other criminal matters to th so VATE: We want family courts. But courts. May I refer to the PreambJe the Bill should be properly drafted. Then (be whole concept changeli. The pre.. amble is C'these family court and establi • . SHRI JAGAN NATH KAUSHAL: shed with a view to promote conciliation in I would beg of hon. members an un and secure speedy settlement of disputes interrupted hearing. We are already relating to marriage and family affair ". short of time. I would try to cover as Now, once we bring in crimes and many points as possi ble puni hmenls, then they ase to be famiJy courts. They very concept of a family Therefore. my ubmission to the court is that the entire approach will Hou e is that these demands of referring be-")et there be ettlement of disputes this Rill at all to the Select Committee becau'ie fami Iy aft'airs are highly sensi- ' or for public opinion ar~ misplaced and tive matter!>." and all women' organi- I am afraid that they defeat the very ations. if J remember correctly. have object. .been sa ying that they want a different atmo 'phare from what is prevailing in Now another obje ti on was raised by the courts wh.:re family matters go. Shrimati Geetaji that - "Iook at the Once, i:l I 'iaid, we bring in the idea of way you have tried to circulate the Bill. criminal trials ane'! puni hments, rape Objects and reasons have not been pro kidnapping, etc., then it is like the ordinary courts and the whole concept vided. t· I think she is a very old Parliamentatrian. The Bill was intro changes. The constitution of these duced in the R ajya Sabha. Courts, as tht! Bi II itself indicates, postulates that at the conciliation stages, the welfal c organisations women'5 AN HON. MEMBER: Experienced , organisations, exp..:rts-medical and other Parliamentatian. Not o ld. , people who are in the know of affairs , fami Iy members a nd others can always MR. SPEAKER: I would have be as')oci ated with it. It is a type of objected if he were to ay "old lady·'. Panchaya t being pre ided over by a per son to whom th~ mandate is- ''please SHRIJAGAN NATH KAUSHAL try to ettle the family disputes in an Bills introduced in the Rajya Sabha or informal manner," for that matler in any Hou e, are generally introduced as they are passed That is the whole object. We are in the other Hou e. Here this Bill has introducing this type of courts for the been introduced as has been pa sed by first time. It is an experimental mea ure the R ajya S:lbha. Generally sp~akillg, because, accord ing to our way of think and 1 am ubjecl to correction, objects ing, the assi tance of the~e women '8 and reason are not repeated for these organizations, family experts etc. will Bills. not be" available in small places at aU. All organization , of which the hon . PROF. MADHU DANDAVATE Member and others are members are Yes. They are never repeated. available only in metropolitan cities. We want to havct the advantage of the AN HON. MEMBER: They should presense of these ladies, organizations be repeated. and experts so that they can bring the disput s to a settlement. SHRI JAGAN NATH KAUSHAL: If it should be repeated, that is a matter I feel that we have made no mistake. for future. But, otherwise. there is no On other hand, this matter was dis intention on our part to withhold the cussed over and over again between the objects ~nd reason . Ministry of Social Welfare, my MinistlY the Ministry of Education and the Now, the other question which has women's organizations where the ques .. been raised is as to why we have not tion was : "Shall we convert theso " .mlly OlirlS B;// BItAD A S, 1 6 ($AKA) amlly C(Jurls BIIt ~~ • arts to ordinary court by givina SHRI N. K. SHEJWALKAR : If )'ou ttlem jurisdiction over crimi oftl matters find it 0 difficult, why do you bave tite also '" Only one matter we have age limi l? Why do you have the limit brouaht here from the ode of Criminal of 62 years? Procedure, i.e , .. the ODC relating to maintenance. Otherwise. it deals with SHRI lAGAN NATH KAUSHAL: marriage. annulment of marriage, legiti Sixty-two ye ars IS the age of retire.. macy of marriage, children's guardian ment .-hip aDd maintenance. SHRI SATISH AGARWAL: On the Dowry disputes will be se ttled here, contrary, in uch cases, people above think you don't want the punish but I the age of 55 or 60 are more desir ment for dowry to be bl ught here. able, That is why J :.ay tha t we have pur pg ely kept aside the criminal jurisdic SHRJ JAGAN NATH KAUSHAL: tion, and the ettlement of disputes on In that case, we wil I have to think of all other matter. which arise out of recruiting IIch people after the age of marriage. Thi, ill fact, i our idea. 60 or 62. J am very sorry it will be an There is another point Wherefrom impo. ible propos I tlon . hall I give ball we find proper judges? you the reason? The chances of people who are selected to mao the family It is true. I also feel that a lot of courts becoming Judges of the High difficulty wi II be there. We will have Court will be very much limited, beca to scratch our heads for bringing in use their experience will be only qua a proper people. If we don '( find them, particular branch of law. We have I have no doubt that our expt:riment given the age of 62 , which is relevant will fail. We have said that every to the age of the High Court Judge. endeavour shall be made to find people Otherwise, the judicial crvice people who have a ense of commitment. retire at the age of 58 . That is tbe Whether we will be able to find them, idea . whether States will be able, and High Courts will be able to find them, are ~ q;O~Tlf GfTfI'~) ( ~ij'R: ) all matter where efforts have to be pu t in. This i just a beginning; but a ~T ~T ~cnT ~)~ ~ ~ ~ I beginning has to be made orne day. If people are not availabl .: to-day, they ~) \jf'T"fT~ ffil~: ~~ll&l ijfT ~ may be available tomorrow. Let us Gffi make a start and see if the disputes can ~T{ ~f~1Z ~ ~~ ~ f~ it ~ ~~ aet settled. These are the words in the ~. I ~'lCfiT ll~T Cfi~~ ~ I Bill: "every endeavour shall be made to The proceedings may no be bogged en ure that persons committed to the down like ordinary courts. WelJ, we need to protect a nd preserve the are again forgetting that it is inherent institution of marriage and to pro in the situat ion that these courts will mote the welfare of children and only be having family disputes and. qualified by reason of their experience therefore, they will not be bogged down and expertise to promote the settle by any other type litigation. Therefore. ment of disputes hy conciliation and the quick disposal of cases is inherent counselling ..•..• " in it. Why have we excluded the legal practitioner? It may be an unfortu our effort will be this we will try nate experience, but experience s$)'s te select them, inspite of its being a that whenever lawyers on both sides difficult job. This is Ollr effort. are there, effort of one side who feels that their case is weak is to pronl The other criticism levelled against the case and that is a situation which is: "Why don't you start these we have to accept. Our idea again ts aU over the country 1" is what for people are Deeded at ~17 Family Courts Bill AUGUST 27, 1984 Family Courts ]Jill ill conciliation stages? We do not want Clause 3- E~tab/ishment of FtmJ proceedings to be adversoriaJ. There Courts, fore, we are keeping the lawyers out. It hw-s been welcomed also; somewhere SHRI G .M. BANATWALLA 1 I it i critici ed also. But the demand is to move : 'hat free legal aid should ~· be allowed . Obviously, free legal aid will be allow Page 2,- ed because if you know free legal aid s.che m-e , women are allowed free legal (i) Jines 13 and 14,,- aid without any limitation a s to income, etc; they wi 11 have fret: legal aid ex for I'after con, ultation with" substi cluding the lawyer. Free legal aid is tute- obvious because according to the centr al s'Cheme prepared by Ju tice Bhagwati, "wi th the concurrence of" if ha be",n adopted by all the COllrt • Now, it has been st at ed there. Regard (ii) line 20 , - ing judges also, I have st ated that the for " after en!) ultation with" substi tJreferencc hall be given to the lady tute- judges, again I say if we are in a posi tion to find more ladie . Therefore, "wi t h the concurrence of" (1) our effort i - please do not doubt our intention . On the other hand, 1 SHRIMATf SUSEELA GOPALAN : I thought on one particular matter, there beg to move; should be no objection. It is a pro gressive and in a way revolutionary Page 2, line' 16 and 17 ,- measure. I pray to the Houlle to pass it unanimously. for "cvcry area in the Slate eo prising a city or lown who c popula. MR. SPEAKER : The que tion tion h<.:~ed · on~ mi Il ion, a Family is Court ;' , "Tha t the Bi" to provide for the establishment of Family Courts with a view to promote conciliation in, "every district, a Fami Iy Court;" and secure speedy . ettlement of, di, «() pute relat ing to marriage and family atrair :1ll d for matters connected MR. SPEAKER: Now I sha)) put 1herewith, as passed by R ajy a amendments moved by Mr. Banatwa)). Sabha. be ta ken into considera and Sh rim ati G oralan to the voto of tile tion." House. The motion was ac/fJpted Amcndment Nos. 1 and 4 w,re }lUt and negatil'ed. MR. SPEAKER: Now, th H Ol1se shall take up clause-by-c la use considera MR. SPEAK E R The question tion of the Bi II. MR. There are no SPEAKER "Tha t Clau e ) stand part of tAe amendment to clause 2. The question. Bill. " is : Tilt.! Mot ion lVa,~ adopttd. "That Clause 2 stand part of the Bill" ClauJe 3 was added to the Bill. The motion was adopted. Clause 4--Appointment of Juagt!$. SHRI G.M. BANATWALLA: I be Clause 2 W(M' added to the Bill. to move: ·239 Family Courts Bill BHADRA 5, 1906 (SAKA) Family COUTts Bi/l . 1240 Page 2, line 42, Clause 4 was added to the Bill. I add at the end- Clauses 5 and 6 we re added to the Bill. ' SHRIMATI SUSEELA GOPALAN: SHRI G .M. BANATWALLA: I beg I beg to move: to move- Page 2, - Clause 7- Jurisdfction after line 40, i175ert- Page 4, - 'I(J) There shall be a set of seven afler line 29 imerr - Juries consisting of legal rersonnal, social workas of \vAorn .1 t l('fist three "(3) Where the parties to any suit or shall be women to ilssi<;t the Judges in proceedings of the na lure referred to evidence taking and ani vi ng l'l t proper in the Explanation are governed by conclusion" (5) any Personal Law applicable to them the jurisdiction with respect to such When J spoke on it I explained about suit o r proceedings shall ve t exclu it because YOll are saying this if not just sively in the Family Court with such like the other courts. But we 1hi nk if judge or judges a may be governed by some jurists are also there, thcll in the the same Personal Law." (3) evidence taking , they an Jo purposeful work and that will help the judges MR. SPEAKER: 1 shall now put arrive at proper conclu ions; if that is amendment No. J to Clause 7, moved not provided, then r hil to understand by Shri G.M. Banatwalla to the vote of how you are going to solve this pro the HOllse. blem. So, keeping a jury will be csscn- tial. , Amendmenr No . 3 was pllt and nega lived. SHRI JAGAN NATH KAUSHAL: Jury ha ' a separate concept. It is a MR. SPEAKER Th~ question conciliation . We will take advantage is- of their prC SC Il I,;t! . Tliat is all. "That Clauses 7 to 9 stand part of I can not accept it. Bill . " TIlt! motion was adopful. .MR. SPEAKER: 1 shull now put amendmen ts Nos. 2 and 5 to CIRuse 4, Clause 7 to 9 were added to the moved by Shri G.M. Banatwalla and Shrimati Suseela Gopalan to the vote of Bill. the House. MR. SPEAKER: Now we come to Clause 10. Shri G .M. Banatwalla. Amendment Nos. 2 and 5 lVerL' put ani negatived. SHRI G .M. BANATWALLA; I beg MR. SPEAKER The question to move- is :- Page 5,- " .That Clause 4 stand part of the after line 39, insert- Bill.' , "(4) Every sui t or proceedings before The moti01l was adopted. a Family Court shal1 be con· '«IIrt. 11 S. 1 (SAKA) Fa1flUy CtlfUf. • exptDditieu!ly .... POl HRf SATJSH AGA WAL (1 i. e a d' endnvour . f " () • which court wi 11 ha ve juri.Wd~DIl~fI e to C01teJude Sui CJr 'I' 0- or which Family Court wilt e td ithin a ~etiOd of one diction if Shrimati Jayanti patr'll. year: f'nmI tile d'a e' of it C'(jIR'. a suit ? meacement. " (6) tl.!2 hrs • !PEAKE I shall n.ow put IIdment No. 'to Clause 16 mo~d STATEMENT RE-HUACD · 6 '" SlIr! O:W. Banatwa1Ja to the vote of INDIAN AIRLINES PLIO ( . House. lC- 421 ON 24TH AUGU 1984 A".~.ti",ent Ne. (j was put and MR. SPEAKER: Now, 1I4taliVed. Khursheed AJam Khan has to III. . tatement. You please lay it on t • WI. SPEAKER The questien Table of the House. .' It.- THE MINISTER OF STATE at Claus'C 10 s-t,i.O d pan of the THE MINISTRY OF TOURISM A . fl. .,. CIVIL AVIATION (Sa'al KHURSHEED ALAM KHAN) : I 'be to lay on the Table a statement 08 tit .. Tu 1Mtloa WIIS adopted. Hijacking of an Indian Airlinef IArr· tJlliNN JO ·WlI, 6tftkt1 to tit .. Bill. craft on 24th August, 1984. ClItu. s J 1 to 23 wer. ad 1(1) eo tatem Itt t ~ Bill. M SPBAKER The question I made a statement in the HCJ il- 24th August 1984 on the hijacldn,'of Indian Airlines Boeing-737 aircraft, ba ed on the information then a fl· #' ~ Clause I. tfte Enactina For able. Now we have more intetl .GI., and the Title stand part of the which I would like to bar wit IIUt" ourable Members . msf;(m W4lS .r-lt. aJiept~ . Within a short while.f the .it: Chtuse 1, the Enacting. Formula takina off from Chandiaarh, .-.\'0 _4 lite Title were added 10 the sons arose from their S Ita. Bin. entered the cockpit .fter broaki •• door open. They overpoweted til mlnder and the co-pilot. They'" 'J ·Ma. EA E J:hc Mini ter Rt1I y the co-pifot, inflictin" an inju IY ·· •• D JlIl()ve that' the Bill be pa sed. he'ad and fastened him to a aat U~. turban. The five YOUril meR Is I M AN NATH J(AlJ HAL : sea·ted at the rear of the airer.fr r e : up vant ..ge ·positionsin the cabi., ing pro-Khali.tan and anti·I... sJolans. They anJfounced t I·t ft· craft. had been hijacked an • SPJrAJa!R: : The question taken to L.hore. They di JI • i. : round object in a paper wrappin. wltf . th'eY ' d'e~cril5ed as l'I arenacte. • e.l~. 'at the Bill be ,assed .• , c"'~ ' destribtd' as a 'time-bo'trtb· ., bottle containing some H,uicf 4: t J1t1...... n ~explo ive • TlJey t1.·""trra:ldl•• ·.. . . .~ 24 F,!rt.Ji ly Courts Bill • AU U T· 27, 1984 Family Cour(s Btll. ~ two 1 ng metal pins , thfeate.Ding that rep a ted rcque t . on beha'if of the t{1el r tip · were , letha lly poisoned, The Gov~r 'nm ent of Indi,a and ~n.1.h,e pilot's .. ., j oJ. ~ urging that his fll I upply was. running hi 'ackers p'd also st:ized the fire axe . ./ .. and · the' crowbar from the cockpi t and dangerou ly low, permis i n was given brandished thl!m as We:1pons. At that a.nd the aircraft..landed safely . at about ., . stage and 111 fact until well after the 6 25 a m. at Dubni. . plane had been at the L ahore airport, there was no sign of th hijackers being We sent a ,tcam of teo hoi·c·a.l o.ffl.£ers • ." r .,. _ ... 40 "_' • III s",sion of any fire·arm . In I :. , ,at, r ~ah or~ and , a Ilowed to pro(; ed lO. bt.: dla'Wllr ~IPd W" n~t.h ' a\y ait t.~ .e q:,~p- Karachi . The Prime Mini. ter poke to lctiun of invec; tigation ' , ...... · G~e~.. .pia:-ld-Haq and rep : ated the r_e- : . qu~&t ,,,,,~hat t he , Pdki ' Ian ~lIlhori ti e At Dub' i thl' . illla!i( n was hapdled s~o\ll ,d ,)ensure th . n fety of the P ds~ en by the au'th'oritrcs wirh gte~H firmn '~ss, ger", the crew a nd the aircrsfl to Sh~i kh MoJid D .; frnce Mllli ' tel' of t e '" leax~ ' P ~ki tan sl:rri tory tl.nd apprl!)1cnd Government of Duhu i was per onally the)hijackc s. The Hircraft landed at in chal1ge 6 f the' neg'otia ti otis .' with': ifie Ka~a~hi at 8.55 p.m. At Karac.hi two hijackers , Il .! rnnde itcle8.1" ' to 'Orem " more w~ri')cn r>assenger ,were r ~ l eas ed, t ha t viokncc t o passengers would not 0!lc~ ag~ip the aircr~ft . was refu e lll!d , be tokratcd. When they deman~e,d re a.nd , _ a IIqwed (0 take oIT at 2.3Q a . m, fu elling of the plune for onward f1igh~ Qisrei)ar,dI O,g. ~ur rep~a ted req.llests. ~ they . we~~ told that the ,air.craft w.pl.l,kd • .. ',I', not be permitted to leave Dubai. The'.. : .. . ) . , . _ TJ:w.,aircraft proceeded toward Dubai , Prime Minister has already conveyed froTll. ' Karachi, Initially t.h e Babra"in ' her thanks to . (he... rl sLd~,n! . Q( v'd\,E. ~r.aJ\ J:;ontrol refus 'd . p fmi sion -/0 ... Sheikh Zayed and t6 Sheikh' Mdhd, la~d,~ ~~~ .closed ,the ail:poft. But q,n ,_ for the as i tance o. we!! ~encleF8.(k ~..\. - . 1'amity Courts' 'Bill 246- .:' ~ • ' Of .' "'._ ~ .. I ,;j . , ~r -:"ThC!: ' -P8sSenge1rs, crew ' aad the ' aircccl f( S'HRIMATI SHEILA KAUL'; : I,.beg are safely back in India. he hijs 'tk~rs to move: are st.iIl in Dubai in the custody of ,t he . r . aurh6,it1es .tIH~ 'r~ . J do' n'~ t' .... wjsh to say "That the Bill be pas ed". n . " ri}'(ft~~ " i:rt ,·this stage, I al'l • 'confident tha't 'the " HO llsi II a te 't hi's, 8 S wi pi}~ecj'a '-'TT 'Ac~ fifgn:T CfT\jfq.qr (~{ . f~~~r) : fu t ther' a'c\io I1 is th ~ subje'c t matter of v~ '; d~h t:~ t e negel ia i6 11S" -, ~~lf~ ll~lf, +f?fT l1~)~lfT lf~ CffiT ~ f~ .~;-~I , ,.., •• ~I/.. .;.. , wi! : I . ' .; .. " ~x. . 'f, lf ~ farc;r ~IT~ if ~CA"r ~~ . cgff g-{ ' I ·· ~ ~t~ :~t :· ' 1900 hrs ~ . ' ; ~ I (() eT~ q~B- qTij" ~) \;f"Ttf( ~fi?:~ ~ t~ . ; ~ ....~ . . ~ . . .. .' .. -~, j '" i l" .. QPY, ~1 9HT (~MENDME NT ) , , . , fcr(1~ar ~ ~T~Uf fl:fi~~ ~~)~ Cfif :~ai{ :t '. "" r: ,.' '. BILL I. ' .j' , ~Ff g~ T gJ fijf~CfiT crof., "~T " ~zft , :~,, ',:.' ... 'J, I ~v; " f~1rI" ("~ ~ "S;rikI SA'TISl:i AO'ARWAL (laip'ur) ; ~CfiffT I ,.):. l, .,~. ~ ;,t,, : .., Sir ' cap pass the .c0pYJight ...... ' we (Af11~n I l '1<.4;1 I, ', f .. , .~,:\..... {'.:a_' 1" ' m'en t): BUI wi thout .a ny deba te. We ~;:{ ;rT ~ft sr~nur q'.ifl~~ · ~i>~ • cooperate ,with thel!! . though t,l1 .;y ~ . acStJ~ .e · .: u ~ , " r.~ :ilOt. . co op.!rat ing ~il h ;f?tT Cf?tT ~~Ttr 'fiTl{ fCf~Tq 'it ~ ;l,ti!i '" -' 5 " 1-." .''', ~ ~ thc:[6,j .' .. ~. J~ . ' .. to. ., ~ " ('-'TT tt~ 0 if; 0 q~ 0 ~tf~) : lf ~ at~~ . ~ :" .~ 1-.." "~ ...... 't.J:m MJNlSTER OF STATE OF THE . ~~T f~~ ~ I ~Tq ~ ij"Cfi) tr;TTt ~'i ;j' 'ij~t \ MiN~~TR~S O,f EDU¢ATJON . f.NO ~~ f5f~ Gfil' ~ ffl' ~Tt:t ~J ~Tq' ff) ~: .... : ~ CULi-UR'E ,AND So'CIAL 'WELFARE" _, ... .!1~" ($!JIiIMATI SH£I4A. ~. -· KAuL")' :' '1 ' ;:r@ I ~. ; ' : ! :":;;~';' ~~{ to ...mov e: . .. "' _"i " ' MR. SPEAKER The BiB further to amend toe • ...~t t.;; HThat th.; IS ., ' ..... Copyrigh t Act, 1957, as p a ssed by " ' , R ajya Sab'ha, be t Jkefl. into consid ru- "That t he Bill be pas ed" tion. " "'" ., ' #' :1" The M ation was adopted. . _;M:R,. . SPEAKER • The ,', ques tion 1 is '. --.. . 19,03 hrs ~';' "~."...... ,. ..~ "l.. • • ~,f1 ' ~'J'hat the Bill further to amend th e fntutory Resolution Re : Approval ~rt; \ .L( .., ':,pQpyright, Act, J957, <1$ pass(; d. by ,' R aj)' ,"' ~ S~J)ba~ be q~. k Q. k;1 ,t Q . 99n ~ idef a~~. tioD :'. " ~: ,t,hk 11j.qtion was' adQP~ r(1 ..... " .\ , / .. \ MR. SPEAKER ': Now, " '" . " I . , i : ~~ : . 'SPEAKER :: No~:"' ~:e takG 1I~: Proclamati on 0 11 Si kkim. clause by clause considera tioll. ; ,. , , ~. , SHRl a.M. BANAT WAIy1~ " The question is : (Ponnani): I rise on a poi nt of &it1er. I slibn1it that this Statutory' Re s(!)hjttdft~· , '; ~~'t~, a{Cl~u ~~~ 2 to 10 'innd ' p~r t of with r ~s pect to Sikkim cannot ,be tnov.e'4t';1 ~f '" h . u' l" t' :I '" 'j-: , V 'J ; ~; t e B f,. f ... 1 1141::, / . ' ....." I draw your attention to rule 114 teaa with Article 356. You wHl find ~, ,*,~f thi . Proclamati'on about Si-kkim " ~ :rs' ': remain in force upto ',24th ~ of NB"~il ' . . .-;_' ",.,rIt, .' II., of 2.5th ' of November. TC'day. ' ~~ I.' " ' .. : passing a Statutory ftc 01ution tq ',; '. ,. ti hue ' the .' ·P,todama lion w.e f~ fj- . " .~. N6v~ lll'6er~ Le , i three' m,ore I1landl$ , v. '. ' still~to pass:: How .'can (his ~ :H9 .~!: ." ~ :, ' ~ f:t" p'.. "1, COMrt ill AtlGU T 2·7. 19» • 1 "tApon to apply its mind to a situa ~fore tb election, then we Call lpp,rO,f'" . ~ chi c would be preva iii ng on or it t.IlCD. , OtU 24,h of November, three month .after, to decide as to whether the SH l SOMNATH CHAT'fBlJEi : 'd • .at·s t'ule is to continue or not. it ,hits been pointed out, lbi,.~ sion of Proclamation is b~inJ as 4 Je.r ~\- 'I iClential Proclamation i to six months from 25th of Noycmb .... IA· force for six months. HardJy 1984. You are ,oj oa to b ....c chi. ntbs have elapsed and three exteniion today. Supposin& wi '" ondlS are yet to elap e. There- 2Sth of November 1984 there iJ ,a • • u'oder rule J 74 it is provided Government there or electioDI tate , tbe right to move a motion should place, then this Resolution bcCOlDet used as to be an abtl e of the infructuous. Therefore, we arc tatin. « mov, 'ng a rc:,olulion. II cannOI part ina process when tbe Relolutioa .0 .. sed ii to prejudice the procedure may become infructuoul totally. 11 thil .f tb House. We have to decide oda)' thro way this House conducts itle f 1 "k4tAcr tbrte monhts hereafter i e. after This is the point I want to be clarilc4 '1 nW41·I'ft'-r this Proclama tion should in force. Tberefor ~ . this SHRI P.V. NARASlt.{HA RAO: io" is an abuse of the right of Far from beina an abusc of an, Conati.. 111 r~ olution. Therefore, 1 ub- tutional provilion, this happens to 1M til I dUlt 'be Proclamation about Sikkim act of areat far i.&htedn . . We are ot e taken up now as only three able t", an ricipa te tha t e-ertaio di J- _.ldIli b ve elap cd and three more ties are ,oina to be face.d by t _acbs bave yet to elapse before any sha II explain pTCsently to the H .lJI!Ielution is to be passed about its con· wha t those difficu hies are. (tau.cio • . tbcre i n0 Point of Order I.t submit. Let the Government clarify : Why ., 1 Lot us wait. if Wi;! are to properly SHIU G.M. BANATWALLA ply our mind. why is the Government ir, wbat is your rulin" ? apt;n a position to wait up to the 'h of N vomber? That also should elafiftedso that we can Clpplyour R. SPEAKER .i.1I ,ruperly to thi issue. admitted it. A , AL BIHARI YAJPAYBE S·HRI G.M. BA'NATWAl.LA : lir, .w Delhi): if the House is going to your ruHng.5hould be in our '."0 c. Al I La Ua November, then thi pro- lea t the I t TultB, be iB 0 T fave • .sa ~ D nted not be taken up now. If it has been decided not lO mt!et again t arc prepared to ... -n ~1" f1f"T q"fftR .: ~ De."" ~q ifi~ ~ t f.ifl ~.~ "'. tlJil ( Interruptions) ~ tl ~. MINISTRY 0 HOMi: f. IllS (SHRI P.V. NARASIMHA aar.~ ~~ _. _ ): Wko take that decision? ... : qq, .t w if CJff~e 'fA ..~ 1 ATlSH AGARWAL : So is . Ia\l- ith regard to the second ia rc.al,tding Punjab. J am not -ft 'mf ""'9 """"" : ~ ~ " _ ••1eG t. tbe exlcnsjon or the COR q " t~ of tJle Pre idcflt'.. R"I" in III jf YOu are I! ina \0 meot Ie ,aro l1eatiJ;l& in the C~U:aJ . are J in, let et a .i il;, Coa,' Bill H"DRA S, 1 (SAL4) SHRI P. V. NARASlMHA RAO: a wIther period of ix month it. I HI to 1Il0'0 : eli et frolll t e l5th o~mbeF, 1 "Tbat this House approve the con The motion was adopted, tj•• aD~e in force of the Proclamation, t d l e 21th 'May, 19&04 ia J'CIpect 19.18 bn. et · m.· ued under Article 356 fi)f tbe COD5tilution by the Pre5ident STATUTORY RESOLUTION RB : for a further period of six mODt s APPJ,OVAL OF CONTINUANCE OF with e1f~ct from the 25th November, P.ROCLAY TION IN RESP~CT 191 . ... OF PUNJAB AI the House is aware Parliament had THE MINISTER OF HOME ~FF I approved OD July 23, ) 984, the Procla (SHRI P.Y. NARASJMHA RAO) tiou UDder Article 356 of the COD ti ir, I bea to move: the (OUowinl R 50- t,,,iOA iD res put of the Sta te of Siktim I tion : aud tbe dissolution of the Legislative ••mbl, of the State. The Proca "That this House approves the COD mauoD had ~eeD is ued on May 25, 19 4 tinuance in force of the ProclamatioJJ, _d remain valid till November 24, dated the 6th October, 1983 in rcsp~ct IPI4. Tbc five-year term of the Stu~ of P~njab. issued under Article 356 of Aa"III~ly expires in October 1984. the coalti tution by the Pr.:sident, for • ev.,. ,b. Governer bas indieatc-d a further period of six months witb t certain is uel, having far-reachin ctfect froR) rhe 6th October, 1984." COlutitytional implications are currently rait d in the State in regard to the MR. SPEAKER: The questioD is : r.. ..eatalion of different sectIons of e... ,e.plc iD the State Lclfslature. "That this House approves the con.. ·Je til. i uel are beiDI eonsid r d, tiDuance in force of the ProclamatioD a", electoral proce s could Jead to da tcd the 6th October, 1983 in respeet .Illio•• and disharmony which would of Punjab, i •• ued under Article 356 of ,,·,i.to • awosphel·e. Takina into the Constitution by the President, for coDlidoratiQD .JJ the circumstaDces a further period of six months with ~e"ailiD' iD the St.,te, tile Gov roor effect from the 6th October 1984." ... re~lDmended extension of i4 t', rule by another six month The motion was adopted. 10,0•• Mda November 1984. All eft'orts CONCLUDING REMARKS will coatiDue to ere te conditi I of •••al appreciation and understaDdia • ~ ,,;ih:T~ "~i (f~): ~~~ ., , • ·iuu.. i. tbe true interest of .arioUt IOction. of the people of Sikkim rr, If, If~~if'~ ~ IJn~ acti ~T r,f ~ ...... ~. ,isteat with t o. larler f JRftM lf~ rift ~m allll"" of oyr Dation as a whole. In ~ f ~ if crt _Tiff;r(f I . • the ve, I requ t the attlu.t OUM to approve tho continuance in ftrtT ~~ f~... . m ' ~ tl In .t the Proclamatioft issued by tlH 'f .f1f;ln 'fU ~ I qt;Zrti .r.. i4 •• t in respect of the State f .. ...,,_ on may 25, 1984 for a fUrther .-rmlllft ._ ~Ar, 'lT~ ~~ ~ t io•• ( .ill month with effect from it f~1fiTGfT '1.1'5 f~ ~ iti f~ • r 24. 11'\1 . f~ifiT't'1' I (..... ,., ) ~11If ""''"~ , ( f)~ ) : , < 2~1 . Family Courts Bill . AUG ~U~T 27 ,' 1984 . : Family Cou'rts'B'ill '252: ~'f,~i{ li~ f~lfT~~) . 'fit ~~ ~; f~t:( fCFlfT <:r~ tq'~liel Gfr I ~ ~rq~ ~g Cf ~T~r. ~ fCF Cf)'T ~ I ' 31 00 q;: ~ Cfir+1 fCfi1:TT ~ .1. 340 : f~ . t··..· IfT~ ~~ ~({~ 'fiT ~g-a ~~T (;l~~ ~ :qm;r llTtr f~ ~, 300 cprf~~ tJ:~ ;' '!lFr ~i!lJ'=iiT, lfif. o~T c; lfm''Vf I 9000 flli ~'!1:q;:iif I 940.00 9J!f- .THE DEPUTY MINIST R IN THE c:-. DEPARTMENT OF POR S, lN ;rHE ~lri efcpr~'~iif I : 3 9 5fT ~~ it~~ ~ fGf~ ~ MINISTJ Y OF WORKS AND HOUS A .,T ING AND IN TH D _PA j" TMENT OF 3000 ~ \;llfFH ifltf-:q ~~ ~-~ ~-377 Wr PARLIA MENTARY AfFAIRS (SHIH f~ rr ~ , it trl1~T R' f'fi rj ~ tJ:Cfi ~~ MALLIKARJUN): if, I would , ., req~' est all the ho'n, Mlmbers t o 'join . , ih~ "dinn r as 8 ,30 p ,m . in Room No. 70. ~. 1 • ~. " . . PRO . MADHU DANDAVA'l (Raj'a pur): One fgure is I ft-22~ 8f~~ li~)C{!.1' : lfR.,rrr ' ~~ ~li~ ur I Memb r poill.!d the ir throats. ' j , qm fG"~ if ~~ ~ m'lf 5) f'fi ~G"" 'fir '.' "., ioCfi ?!:TG1TU ~T~"t lIT "QT aT Cf~ aT ~' ij'T " 9;lt<:Jel "Q)cP~: mq aT 40:2S:S0 . " 'fT ~)1rr ~~ir I llT~~ftlf ~G~ll ~~~) iiTT~ ' ~ I ~~ ~ (oq~q l;;r ) it~' ~ CfiT rfllT ~T~ g:qT ~T~r-\H{ ~ f~~ ~ ollcr~~T trrf~w crT~~ ~yq ~;fpf. ~ ~ '" fiiT(;l;r f({., mq ~, W., :q~Tff ~ :;st ~wr ~TfiiT~, ~nq; ~w~ it I " ; :·r;_.' .. .' ~"t ~, ' Gf~ ~w.,.,~ ~TCfT ~ (;IT it \3'~T~ : '.': J I .. ' ..... fl) \if T(;lT R' I , ~1 e~ f~QT~T CfT~1 ':' t ;;, ~ fG:~lj I I , '. l .w~ J .." ... :... ~ ~11 ~T;rT ~ ~ ~T ~~ qisfPlf. I :, ,, ) ~ • '." 'I' f\if« ~CfiT~ ~ lfr"""tlf ~~~T ;r ~CR , • J .. '. 'r.... ' ~lf&l "~lGq: fifc;~~ ' ~ ; ~~ I ~~ ~ I ~ffiqurT ~ I ~ t:tCF ~q ~ , • Oo!l ~ , • J ' • I ... '" \"f~ ~ fft srfa GfT ~G" mer f~T l1 T :JAR ~~f-:~~T ~, rr~ n ~\1T ~iftrn QT~ '~ , ~, .. , oJ ' ;' ~ ,"'. . ~ .J. :~. ClTq~ ~ iiTT ~T({~ I 11T., ~1~ Cfi)~Tq~m'~ "{~Ttt~ !R'''~ ~cf"{~ ' t:f;ft . (' ~); .:.~ klrr I ~ ' ~ f~t:t it ~Tq ~~"t ~ G1'~ ~To );; ij- 'mer ~ rr~ ~ f~~ ' m~lfCfi '~ ' ({it,~ qNTft ~ l ·iT ~~(;lT ~ ~Tq~ , ~ga 'm"\) ; .~. ~m- ~ J. • \. ' .. .. . , f;{~ ~T cf~ 'fiT ~~T ~r ~lU: m{:qru ~ , ~a;;.T 9;fT({! ~T~ I ~T~ JG~t &1 , ~~' ;'-ga ~ ~~ ~ I f~ ~T ~t*, ~ mq~ ~ Gf~T ~iifT~T ~ R;rn~) ij- ~iiTT~~ ~.rn :$(t~ '... ~ ,. "\ ' ; ."'. • .(...,.. 41" f '" • ~ Cft) . ~~JqT ~ I, ~«~ , ~~fcfa " ;:T~~ f'ifij"~) ~.~ ~ ~if) 1 m-€Jo¥ ~ , f¥t~:~~1~ _J ~ ., • .,. 'I" \ 253 Family Courts Bill BHADRA 5, 1906 (SAKA) Family Courts Bill 254 W~Cfi1: \jff~iTT fCfi ~~ ~~. ~({~;.r 'Sf) ~~)~ IR'.fCfT~ : ~r'f{' f~m qT~'" fi3fr~T~ ~T clfR, mCf{ m~ ~cCfiR ~ miJf 9;fCf'=fT ~T~T fp~fcr ~ ~ ({T I f~lfT I 'JTCf Cfi) ~ef -~ef WlfCfT({ I lR"t:lfIR ~~)c{lf: ~T ij"~~~ ~ I SHRI SOMNATH CHATTERJEE ~~ ~T~ij" ~ q-r:q UT~ ~ ~i it ~ ~ ~ , (Jadavpur): Sir, we appreciate the f~~iTT fCfi ~;:~~ In:r Cfi~'f{' ~~qT( I \rn way you have conducted the proceedings. ~ f~lt it ~ ~ f{9~rtfi ~ f~.~T I It is a gr at pleasure and it i a matter C\ of sati faction for all of us. On my THE MINISTER OF STATE IN THE own behalf and on behalf of my Party MINISTRY OF INFORMATION AND I express my fullest sense of satisfact ion BROADCASTING AND MINISTER OF and" thanks for the way you have con STATE IN THE · DEPARTMENT OF ducted the proceedings. It is a grea t PARLIAM NTARY AFFA1RS (SHRI privilcge for all of lIS. H.K, . BHAG t\T): All sections of the- HOLl e have the same feelings for you ~T ~Tlf fCf~Ttf Q1tf 10:{ : (~"fT'];~) : and your genelosity. You have been ~ll ~T~ ~iT~-~'1~!IT'1 ~ ~, ~+r ~TlT ~+r both generous a nd a very capable Speaker. ~a- ~ fCfi ~+r ;r ~Tq- cpT ~~T arr fCf,lfT ~TiTr ~f~ it ~+r~aT ~. fCfi ~rq- ~lf CfiT ~ ~il~ "~T~ll : CfT~rrT \5fr ~m ~ ~TcT 'flT ~ tfllSf cp~ lfT ~q~ ~T2: ~~~ ~ ~~ it I f+r~1T I efT g;rrm ~T \5fTCf'i ~ m~ \jrTCf'i QT ~f!rrr . ~ I ill \jf~~ f~~iT ~1~ If{t gc;lf U~ Cfi~ I ~ +r ~TrrT ~ "fl ~Tq- CfiT Cfi C q~ :qTlfr ~, ~U~ f~ e1+H CfiiiT I fll~iT I 'SfT ~~~ faf~T<:"T CfT\;fqlf) : 'iCf';aR it ~f;ll 'ff ~lqll : ~Tq ~(1.,T ~T (lTT~ '+TT 'iQT flTr:f1T aT \3"tr ~ arTG: fif~' rr I Cfi"\ i9"a- ~ I i1At"t{ ~l ;;~)Cflf: ~~T ~~ij if flJ.\"lit P..lT ~T'f f::tBHl qT~efT;.r : Qll ~TiTT CfiT _- li!1TT ~lf~ "fiT f~tf)r~ er.~~ CfiT '1fIT ~T g;rT~ ~T~ lf~T fll~iT I 'i '+TfCflSlf it ~~rrT I g+r ~~lf s~cT ~~T cr.~a 'Sf) ~f~~liTiif(f : \5fTCf'i ir Cfi~ if Ifi~ ~ I fI+r ~TiT ~TqCfi) iifFi Cfi~ GCfi~Tq) ~ ~ I efT fll~ ~T ~1T J ~ ~ll ~Tlf olfCfil '+TT Cfi~a- ~ fer. ~+r :qrq- CfiT SHR( p. R JAGOPAL NAIDU 'li I efCfi~l ~ "{~ ~ it ~+r~(1r R". --.:rfcPSlf if (Chiltour): Our thanks also to the Wq ~~ CfiT +rr~o s "~T Cfi"Tf"fltrrr I ~rq- \5far Depu ty-Speaker. ~q-'iT f~r~ fB~ d"T ~t1 if !l:fT~r ~+r ~T~T MR SP KER: Now. the House ~ ~ fff crrf': -.:rT f~f~:qlTT I s LAnd s adjourned sine die. .. . 19.2 0 hours iJ{tlflH "pr)CflJ ; ~tfCfil \5f~\ f~~sirrr_, fCfi ~;:~T~ ~ Cfitfll g~cH~ I The Lol.: Sabha then adjoured sine :r die . • Printed at : Sunlight Printers, Delhi-!10006 Phone : 233363 PLS 40. LI. 25-84 890 . ' @ 1984 By Lok Sabha Secretariat Published under Rule 382 of the Rules of Procedure and CC'nduct of Business in Lok Sabha (Sixth Edition) and printed by MIs. Sunlight Printers. 2265, Dr. Sen Marg, Delhi-6 Ph.: 233363 '" ..